TERMS & CONDITIONS

OVERVIEW

Concert-Vienna.com is operated by Culture Ticket Kartenbüro GmbH. Throughout the site, the terms “we”, “us” and “our” refer to Culture Ticket Kartenbüro GmbH. Culture Ticket Kartenbüro GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1.) Scope of Validity
The following terms and conditions regulate the use of our online ticket service by you as a customer and Culture Ticket Kartenbüro GmbH (hereinafter abbreviated to ‘Culture Ticket') and all legal transactions concluded in this regard.

2.) Contractual Partners and Relationships
Culture Ticket itself is not organizer of the offered events. These are arranged by the respective organizer, who is also the issuer of the tickets and is therefore the customer’s contractual partner. Culture Ticket procures the customer’s purchase of the ticket on behalf, in the name, and on the account of the respective organizer. Therefore all claims regarding the event are to be addressed to the respective organizer.
The customer commissions Culture Ticket with the processing of the ticket’s purchase based on these Terms and Conditions.
In deviation of this, Culture Ticket itself is exclusively contractual partner concerning the purchase of the gift coupons offered on Culture Ticket’s website; however the preceding provisions apply for the use of the gift coupons to purchase tickets.

3.) Conclusion of Contract
The presentation of the products in the online shop represents no legally binding offer, but a non-binding online catalogue. The conclusion of contract to the price listed in the order form emanates from the costumer by clicking the button [Place Order] during the order process. Before the customer clicks this button triggering the offer to contract binding the customer, he will receive the possibility to correct possible typing errors and to change the entered data in the offer to contract during the order process.

After having sent the offer to contract (by clicking the button [Place Order]) the customer receives an automatically generated order confirmation from Culture Ticket to the e-mail address he entered while providing his data. Thereby the agency contract between the customer and Culture Ticket is concluded.
Culture Ticket forwards the customer’s offer to the respective organizer immediately after its receipt. The organizer will send a booking confirmation to the customer using Culture Ticket’s computer system, provided that the ordered tickets are available. With delivery of this booking confirmation to the e-mail-address entered by the customer the contract between the costumer and the organizer is concluded and cannot be cancelled by the customer without the organizer’s consent.

The order is processed by the organizer, as defined above, within 72 hours at the latest after receipt. If the customer has not received a response from the organizer within this time, he has to inform Culture Ticket at office@culture-ticket.com. Culture Ticket will immediately investigate the matter. If the customer nevertheless does not receive a booking confirmation for another 24 hours, he is entitled to withdraw from his order free of charge. This declaration of withdrawal is to be declared to Culture Ticket (office@culture-ticket.com) stating the date of order and the transaction number received with the order confirmation.

The booking confirmation contains the appropriate E-Ticket including a unique voucher number along with the order invoice as an attachment. The charge (credit card, PayPal-account) will be processed directly after the booking confirmation has been sent. The booking confirmation has to be checked by the customer immediately after receipt. Obvious deviations from the order have to be claimed against Culture Ticket immediately (due to reasons of perpetuation of evidence, where possible, in writing (also: fax, e-mail)).

Depending on the event, the E-Ticket is either directly valid as an admission ticket, or it has to be exchanged for an original ticket at the box office of the respective event. This information is indicated on the E-Ticket.

It is pointed out that the duplication of E-Tickets is strictly prohibited. In case of loss after delivery Culture Ticket shall not be liable for any compensation. The purchased tickets may not be resold without the consent of Culture Ticket.
If the customer has entered an e-mail address during the order process, the booking confirmation is considered received when delivered to this e-mail address. The customer is responsible to adjust and/or check his spam filter (if used) and similar tools, so the confirmation can be delivered without hindrance.
Since according to paragraph 2 contractual relations concerning the purchase of the tickets only arise between the customer and the event organizer, Culture Ticket has no post-contractual obligation to provide information concerning this contract, for example in terms of cancellations or relocations of an event. Of course, Culture Ticket will do anything possible to inform its customers about any amendments, provided that the required contact details of the customer have been indicated during the purchase.

A compensation for not used or only partially used tickets is not possible.

4.) Content of the Website
All the information on this website (www.culture-ticket.com) is carefully checked and updated on a regular basis. Culture Ticket is not liable for the topicality, accuracy, completeness or quality of the information, unless Culture Ticket is at fault. This includes all data concerning the time and venue of an event, visibility, program and line-up, execution and the quality of events.

The use of the content on this website for the customer’s or a third party’s own commercial purposes is prohibited.

All offers are non-binding and without obligation. Culture Ticket reserves the right to change, amend or delete parts of the website or the entire offer without separate announcement, or to stop the publications temporarily or permanently.

5.) Price Indication
The prices indicated on the website are not binding. Culture Ticket reserves the right to amend the prices on the website anytime. The prices indicated on the order form are total prices and include the statutory VAT. All prices are listed in EURO.

It is pointed out that the ticket’s final price, shown during the order process, may differ from the printed face value sometimes. This difference results – depending on the type of event and on the nature of the contract between Culture Ticket and the organizer – from a service fee charged by Culture Ticket for the providing of the tickets and the processing of the order, as well as for shipping costs, if the tickets cannot be delivered electronically. Such extra charges are indicated transparently and in detail during the order process, therefore the customer is always fully informed about the financial obligation caused by his order before he sends the order.

The delivery of electronic Print@Home-Tickets ("E-Tickets") is free of charge. In exceptional cases, however, a fee may be assessed for mailing the tickets, when mailing is necessary. The delivery costs will be charged separately and are explicitly indicated during the order process.

6.) Terms of Payment & Processing of the order
Payment can be done by credit card (Visa, MasterCard, Diners Club, American Express) or via PayPal. All transactions are encoded according to the latest SSL 128-Bit standards. This protocol encrypts the order information, preventing third parties from reading the given data.

The actual payment processing is not handled by Culture Ticket but by a specialized and licensed service provider (Wirecard Central Eastern Europe GmbH, Klagenfurt, Austria) in cooperation with the respective credit card company/PayPal. All data entered by the customer during the payment process (especially credit card data) are transmitted directly to this service provider or the respective credit card company. Culture Ticket has no access to this data and therefore does not store any of it.

7.) Seat Allocation
When tickets are booked via internet, the seats cannot be personally selected within the chosen price range. All orders are directly forwarded to the organizer, who will assign the seats within the booked price range (if more than one ticket is bought in one order process, the organizer will try to assign adjacent seats). If the requested price category is no longer available, customers will be informed about alternatives.

8.) Event Cancellations, Alterations and Ticket Non-Availability
Program and cast may be subject to common alterations by the organizer (these are for instance alterations of the cast of theatre, musical and opera performances, alterations in the program sequence, minor alterations concerning the time of an event, etc.). Such common alterations do not entitle the customer to claim the refund or reduction of the ticket price.
In case of any cancellations, refunds for issued tickets can only be given on behalf of the organizer or by the organizer himself.

The responsible contractual partner for the arranged events and the proper performance of the service related to the tickets is the respective organizer. Therefore the possibility, the conditions and the processing of a return and refund or an exchange of tickets purchased for events are solely subject to the organizer’s decision.

Should an organizer decide to change an event’s date or its venue, the ticket remains valid for the new date, respectively the new venue, regardless of the reasons for shifting. It is at the discretion of the organizer to decide whether tickets can be returned, refunded or exchanged and under which conditions.
If an advance booking fee or a postage or delivery fee was charged and an event is cancelled without the fault of Culture Ticket, those fees cannot be refunded, as the agency service was executed accordingly.

Culture Ticket only acts as agent of the tickets and is not liable for the refund of entry fees, unless Culture Ticket is at fault concerning the cancellation. In general, any refunds will be carried out exclusively by the organizer, but Culture Ticket will offer its good service.

9.) Right of Withdrawal, Cancellation Policy, Distance Selling Act (FAGG)
According to §18, Section 1 Z 10 FAGG (“Fern- und Auswärtsgeschäfte Gesetz”; Distance Selling Act), the right of cancellation and withdrawal does not apply to services, which are rendered in connection with recreational activities – provided a certain date or period for the performance of the contract is required by the contract – and therefore can neither be used in connection with the contracts procured by Culture Ticket nor in connection with the agency contract concluded with Culture Ticket. Thus, there is no such right of withdrawal, neither for the agency contract, nor for the contracts procured by Culture Ticket. The right of withdrawal for the purchase of gift coupons is regulated at Section 11.

In case the customer cannot attend an already booked event, he/she is advised to contact the Culture Ticket Support Team as soon as possible. Culture Ticket will spare no effort to cancel the order by contacting the respective event organizer. Nevertheless Culture Ticket cannot take over any guarantee for it, as a possible cancellation is solely at the discretion of the organizer.

10.) Legal Disclaimer
The contract concluded between the customer and Culture Ticket concerning the agency of the contract between the customer and the organizer is subject to the Austrian Brokers Act (“Maklergesetz”). Accordingly Culture Ticket is not liable for any non-performance or improper performance by the organizer, unless Culture Ticket is at fault.

Liability claims against Culture Ticket, which refer to damages of material or immaterial nature caused by the use or disuse of the presented information or by the use of inaccurate or incomplete information, are generally excluded, provided that Culture Ticket has not acted with intent or with gross negligence, unless Culture Ticket is at fault concerning the main contractual obligations.
For some events tickets will only be allocated by the organizer approximately one month before the performance. Should it be impossible to procure such reserved and paid tickets due to technical, organizational or other reasons, Culture Ticket will refund the price of the tickets including all fees without deduction. However, Culture Ticket does not assume liability for expenditures associated directly or indirectly with the (frustrated) ticket reservation (e.g. a refund of travel cancellation costs is not possible), unless Culture Ticket caused these acting with intent or with gross negligence.

11.) Gift Coupons, Right of Withdrawal and Cancellation policy
Culture Ticket gift coupons can be redeemed for all events offered on the website of Culture Ticket. Coupons and partially redeemed coupons must be used within 30 years from the date of issue. The expiration date is indicated on the coupon. The coupon contains a code, which is required for redemption and remains upright within the validity period until the whole voucher value has been exhausted. If the order exceeds the value of the gift coupon, the balance can be easily paid with one of the available payment methods. Culture Ticket does not take responsibility for lost or stolen gift coupons. Gift coupons are not redeemable for cash. Furthermore, gift coupons cannot be used to purchase any other gift coupons.

Regarding the purchase of gift coupons, there is a right of cancellation according to Article 11 (and following) of the FAGG (“Fern- und Auswärtsgeschäfte Gesetz”; Distance Selling Act). Therefore, the following applies:

Cancellation policy (for gift coupons)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Culture Ticket Kartenbüro GmbH, Mahlerstraße 5/1/41, A-1010 Vienna, Fax.: +43 1 512 55 00 - 55, e-mail: office@culture-ticket.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal (for gift coupons)
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Culture Ticket Kartenbüro GmbH, Mahlerstraße 5/1/41, A-1010 Vienna, Fax.: +43 1 512 55 00 - 55, e-mail: office@culture-ticket.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following gift coupon/s (*)
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.

12.) Data Protection and Privacy Policy
Information on the nature, scope and location of the collection, as well as the processing, transfer and use of personal data, can be found in our Privacy Policy. Regarding the transmission of personal data provided by you within the payment process we refer to section 6 of these Terms and Conditions.

13.) Modification of the Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time or adapt them to changing needs whenever required. For this reason, we kindly ask you to revisit our website regularly to take note of any modifications made.

14.) Language of Contract
The languages available for contract conclusion are German and English.

15.) Jurisdiction and Applicable Law
These terms and condition shall be governed by Austrian law, excluding the UN Sales Convention. The court of jurisdiction is Vienna, Inner City. In the case that the customer is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), the court of jurisdiction is the competent court according to the consumer’s place of domicile. Nevertheless the consumer is entitled to sue Culture Ticket at the court mentioned above.