12. Mai —
18. Juni 2017

Terms


The buyer agrees to the storage of his/her data and consents to receiving information via e-mail or by post. 

With the conclusion of the sales transaction, the sale becomes binding and can no longer be cancelled or modified. However, the sales transaction can only take place if the booking process is done with a valid credit card and the payment is authorised by the respective credit card company.

The tickets purchased can either be picked up at the Wiener Festwochen box offices or mailed to the buyer on request. The tickets shall be picked up against presentation of the confirmation of reservation and of the credit card used for the payment. The handing-over of the tickets must be acknowledged by signature. The mailing of tickets entails the payment of a fee in accordance with the official price list. Wiener Festwochen shall not be liable for any damage caused by the non-authorisation of a payment transaction by the respective credit card company.

By purchasing a ticket, each attendee becomes subject to the house rules. Discount requirements will be verified on admission to the performance/event. Latecomers shall be subject to the admission regulations under the respective house rules for all performance/event venues. Late admission may not be possible due to the specific characteristics of a production. Tickets without stubs are invalid. On the ticket holder’s leaving the performance/event venue, the ticket shall lose its validity. All misuse will be punished. If headphones are provided for loan at a performance/event, a valid picture-ID has to be deposited.

Tickets are not considered invoices under Article 11 of UStG (Value Added Tax Law) and hence are not eligible for input tax deduction.

The sales partners procure the tickets for the customers in the name and on the account of the organizer. With the sole exception of a performance/event being cancelled, it is not possible to return tickets (ticket exchange or buyback). If a performance or event is cancelled, it is recommended to return the ticket within one month after the performance/event date exclusively to Wiener Festwochen box offices. Inasmuch as can be reasonably considered acceptable for the consumer, the organiser (venue) shall be authorised to introduce changes of cast, programme and date. In case of a performance/event being cancelled or postponed or of the programme being changed through no fault of the organiser (venue), no expense whatsoever (e.g. accommodation, travel cost, etc.) shall be subject to reimbursement; any intermediation, system or handling charges shall not be reimbursed, either.

The holder of these tickets expressly consents to the use and exploitation in the media of all photos made of him/her during or in connection with the performance/event, which use or exploitation shall not entail any right to compensation or limitations in time, area of application or territory and may be made by means of any current or future technical process.

In case of concerts, the sound volume may entail the risk of hearing loss or damage to health; for these and any other material damage or bodily harm, the organiser (venue) shall assume liability only if this damage or harm results through the fault of the organiser (venue).

Sound, film and video recordings as well as photography shall not be permitted. 
In case of an attendee disregarding this prohibition (especially with regarding to flash photography!), the organiser shall be entitled to confiscate the camera until the end of the performance/event. Open-air events may take place under all weather conditions. No umbrellas, bottles or other hazardous objects, etc. may be introduced into the event site. Each attendee shall provide for his/her rainwear on his/her own. 

If the front of the ticket bears the imprint “Gilt als Fahrschein in Wien” (valid as ticket for public transport in Vienna), this shall apply for Verkehrsverbund Ost (VOR, Public Transport Authority for Eastern Austria) in the core zone “100” for a period of 2 hours before and up to 6 hours after the beginning of the performance/event (applies also to night-line buses).


Wiener Festwochen Gesellschaft m.b.H.
Lehárgasse 11/1/6
A -1060 Vienna



In the webshop, in addition to the terms of the Wiener Festwochen, also the following terms of CTS Eventim Austria GmbH apply:

General Terms and Conditions (Internet)

CTS Eventim Austria GmbH is not the operator of the events we offer. The organization of an event and the issuing of tickets are dealt with by the event's respective operator. As far as services associated with visiting the event are concerned, only the operator is liable, i.e. responsible to the ticket holder (customer). The resulting contractual relationship may be subject to the operator's own general terms and conditions. For events in Austria, CTS Eventim Austria GmbH is only the ticket provider. For events abroad, CTS Eventim Austria GmbH is only the ticket agent, with the exception of individual cases where CTS Eventim Austria GmbH itself is explicitly identified as event operator. Upon ordering tickets, the customer commissions CTS Eventim Austria GmbH to handle the purchase and shipping of his/her tickets. Regarding the ticket purchase, the customer enters a contractual relationship with CTS Eventim Austria GmbH.

I. Area of application

1. Only the following terms and conditions apply in relation to CTS Eventim Austria GmbH for all contracts and orders placed regarding supply of tickets.
2. The general terms and conditions of travel apply for all contracts and orders placed regarding the arrangement or execution of trips, given that the CTS Eventim Austria GmbH sells them in its own name and on its own account, as evidenced by the respective ticket. The respective tour operator's general terms and conditions also apply and can be found in the references included in the respective offer.
3. The use of personal data is regulated by the data privacy statement. The data privacy statement is an integral and binding part of the general terms and conditions at hand.

II. Conclusion of contract, cancellation

1. The offer of entering into a contract is made by the customer as soon as he clicks the "Buy now" button. The contract between the customer and the respective contract partner (operator, licensed fan merchandise salesperson, or CTS Eventim Austria GmbH) is only concluded when CTS Eventim Austria GmbH ("ticketing company") assigns and sends the customer a transaction number. Contrary to this, when advance payment is used as a mode of payment, the contract is concluded when CTS Eventim Austria GmbH mails a confirmation of receiving the complete payment.
2. No responsibility is taken for the correctness of the data on CTS Eventim Austria GmbH's web presence.
3. CTS Eventim Austria GmbH reserves the right to cancel a customer's order for which a transaction number has already been issued (unilateral right of cancellation) if the customer violates specific conditions set by the operator or by CTS Eventim Austria GmbH, to which reference was made in the context of advance sales, or if the customer attempts to circumvent these specific conditions (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, especially violation of a ban on reselling, attempt to circumvent these conditions by means of registering and using several user profiles, etc.) Cancellation/withdrawal may also be declared by means of crediting the amounts paid. According to § 18 paragraph 1 line 10 FAGG, customers do not have a right of withdrawal.

III. Price components and methods of payment

1. Ticket prices may exceed prices printed on the tickets. Depending on the event and ordering method, payments may be made by credit card, advance payment, online banking, or via invoice. The legal VAT is included in the price. If the customer opts for credit card or online baking, the total price for the order including all fees is due for payment immediately upon conclusion of the contract. In contrast, if the customer chooses advance payment, the total amount must be transferred to the bank account specified by CTS Eventim Austria GmbH by the date stated. If the customer chooses to pay via invoice, the amount of the invoice is due for payment by the calendar day specified on the invoice (10 calendar days after the billing date). Invoice payments must be made to Billpay GmbH. Payment via invoice is not available for all offers. If available, it requires, among other things, a successful credit check by Billpay GmbH, and Factor net-m privatbank 1891 AG, a service provider in cooperation with Billpay. If the customer is granted the right to purchase certain offers via invoice after the credit check, the payment is handled by Billpay GmbH and Factor net-m privatbank 1891 AG, in corporation with Billpay,. CTS Eventim Austria GmbH assigns its claim for payment to Billpay GmbH. In such a case, the customer can only discharge the debt by rendering payment to Factor net-m privatbank 1891 AG. Purchases on invoice are also subject to the general terms and conditions of Billpay GmbH. For VISA and MasterCard, payments are processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp, Netherlands. Tickets only become valid upon completion of payment.
2. When ordering online, service and shipping costs are incurred and vary depending on the event. These fees are displayed in the customer's shopping cart. Apart from the fees displayed in the shopping cart, there are no further costs. If customers select gift wrapping, the respective costs are displayed in the shopping cart and also billed to the customer's account.

IV Right of withdrawal

When it comes to the following contracts, customers do not have a right of withdrawal, or their right of withdrawal may expire prematurely:

1. Accommodation services for purposes other than living, transport of goods, renting of motor vehicles and supply of food and drinks, and services provided with relation to leisure activities, given a specific date or time frame is specified in the contract in order for the contract to be fulfilled (§ 18 paragraph 1 line 10 FAGG). That is to say if CTS Eventim Austria GmbH offers services in the area of leisure activities, especially tickets for events, there is no right of withdrawal. Any order of tickets is therefore binding as soon as CTS Eventim Austria GmbH has confirmed it according to II. 1. This confirmation obligates the customer to accept and pay for the tickets he/she has ordered.
2. Audio and video recordings or computer software that arrived in a sealed package, if the seal has been removed after delivery (§ 18 paragraph 1 line 8 FAGG).

V. Retention of title; set-off; right of retention when purchasing on invoice

1. If the customer is a consumer, CTS Eventim Austria GmbH shall retain ownership of the purchased goods until the amount invoiced has been paid in full. For personalized tickets, the rights vested by the ticket are transferred to the customer on condition that the amount invoiced has been paid in full. The respective security rights are transferrable to third parties.
2. If the customer is a businessperson engaged in commercial or self-employed activity, a legal person under public law, or special assets under public law, CTS Eventim Austria GmbH retains ownership of the purchased goods until all outstanding debts in the business relationship with the customer have been settled. For personalized tickets, the rights vested by the ticket are transferred to the customer on condition that all outstanding debts in the business relationship with the customer have been settled. The respective security rights are transferrable to third parties.
3. The customer only has a right of set-off if his/her counter-claims have been established in a legally binding way, or are undisputed or acknowledged by CTS Eventim Austria GmbH. Furthermore, the customer only has a right of set-off if and to the extent that his counter-claims are based on the same contractual relationship.

VI. Shipping, use

Within Austria, tickets are sent by non-registered mail, unless the customer explicitly chooses a different shipping method. We advise you to be especially cautious when ordering Mobile Tickets in order to prevent data loss. Tickets must not be misused, copied or changed. When entering the venue, the principle of first entrance applies (the first print@home Ticket or Mobile Ticket to be accepted by means of its non-ambiguous identification is the one that is valid. Later tickets with the same identification are automatically devalued when the first ticket is admitted). Upon using the ticket, the visitor using the ticket also accepts the general terms and conditions of the operator and the rules of the venue.

VII. Cancellation of events, changes, refunds

For events in Austria, CTS Eventim Austria GmbH is only the ticket provider. For events abroad, CTS Eventim Austria GmbH is only the ticket agent. In case of cancellation or if the event does not take place, CTS Eventim Austria GmbH is not liable for entrance fee refunds, but will try to arrange them with the operator. In case of a refund, the ticket fee is refunded as stated on the invoice. Unless the terms and conditions of the respective operator or venue follow a different policy, tickets can be returned for refund up until two months after the scheduled event date. Return the tickets the way you received them (either at the point of sale where they were purchased, or in case of a phone, fax or online order by means of sending the original tickets by registered mail to CTS Eventim Austria GmbH, Heumühlgasse 11, A-1040 Vienna. Please specify your name, IBAN, BIC and bank institution for a refund via bank transfer.)

The following applies if the operator commissions TICKET EXRESS GmbH to refund the entrance fees and the respective amount is available to CTS Eventim Austria GmbH: the earliest date to return tickets at points of sale is two Mondays after the date the cancellation of the event has been announced. Mobile Ticket and print@home Ticket users will receive the respective amount – if it has already been paid – without further request in the same way they purchased their Mobile Ticket. The Mobile Ticket is automatically devaluated in the course of this process. Cast and program are subject to change, as long as the changes are reasonable, minor and objectively justified. In case of a cancellation, postponement or change, additional expenses (e.g. travel to the venue, hotel) will not be refunded.

In the case of cancellation, postponement or any other change of an event, CTS Eventim Austria GmbH reserves the right to inform customers who purchased tickets for this event. Providing this information is a voluntary service of CTS Eventim Austria GmbH and may be received per mail and/or electronically per e-mail or text message, if the respective contact details are available to CTS Eventim Austria GmbH.

VIII. Vouchers

Vouchers can only be spent with the voucher partners listed on gutschein.oeticket.com and for the services specified. Please find a detailed description of the respective services on our website: gutschein.oeticket.com. Vouchers are valid for concrete services within 12 months ("validity period") after the date of issue (date the voucher was purchased), unless a different date is specified on the voucher. The validity period is defined by the date printed on the voucher. The terms and conditions of the voucher partner apply as well as the terms and conditions stated on this voucher. Contact the voucher partner to request their terms and conditions. If an appointment is bindingly agreed upon and the holder of the voucher fails to appear, the voucher expires without substitution. The voucher cannot be replaced in case of loss, theft or invalidation. The voucher cannot be returned or exchanged. Commercial resales are prohibited.

CTS Eventim Austria GmbH is only the provider for service vouchers and only the agent for value vouchers. In case of cancellation or if the event does not take place, CTS Eventim Austria GmbH is not liable for refunds. However, CTS Eventim Austria GmbH will seek to initiate refunds with the voucher partner. In case of cancellation, postponement or changes, expenses (e.g. travel expenses, hotel) will not be refunded.

IX. Limitation of liability, exclusion of withdrawal in case of certain breaches of duty

1. CTS Eventim Austria GmbH is unrestrictedly liable in all cases in accordance with the Product Liability Act for damages caused intentionally or through gross negligence, in the case of malicious concealment of defects, and for damages resulting from injury to life, health, and physical injury. Liability for damages from breach of warranty is also unlimited.
2. In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, CTS Eventim Austria GmbH shall be liable limited to compensation for foreseeable losses typical for this type of contract.
3. Apart from the cases stated in paragraphs 1 and 2, CTS Eventim Austria GmbH shall not be liable for losses caused by simple negligence.
4. The customer's right to free himself/herself from the contract due to a breach of obligation for which the promoter or CTS Eventim Austria GmbH is not responsible and in which the goods are not damaged is ruled out.
5. If the liability of CTS Eventim Austria GmbH is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.

X. Final Clauses

The same general terms and conditions apply for the subsidiaries Ö-Ticket Südost (Wr. Neustadt), Ö-Ticket Nordost (Tulln), ÖTS (Stainz) and Ö-Ticket Nord West, as well as for the license holders of CTS Eventim Austria GmbH sales software, as far as sales via the CTS Eventim Austria GmbH system are concerned. The general terms and conditions of CTS Eventim Austria GmbH's partner companies and subsidiaries abroad are available on their respective websites. For business customers, the place of jurisdiction is the responsible court in Vienna. For private customers, the place of jurisdiction is the responsible local court.

As from 15 February 2016 the European Commission provides here an European Online Dispute Resolution platform. If you have questions, the email address is info@oeticket.com.

CTS Eventim Austria GmbH does neither commit itself nor is obliged to use alternative dispute resolution entities to resolve disputes with consumers.

Version: 06.02.2017