1. Scope of application of the GTC
The following General Terms and Conditions of Business (GTC) apply to all business relations established between the customer, on the one hand, and Salzburger Marionettentheater Gesellschaft m.b.H., on the other hand, on the basis of the acquisition of admission tickets (“Tickets”) for shows in/of the Salzburg Marionette Theatre or of merchandise, services or vouchers (“Products”) through the (online) shop of the Salzburg Marionette Theatre. The decisive version shall be the GTC as amended upon conclusion of the contract from time to time. Even if they are known, any GTC which deviate from, are contrary to or supplement the present ones shall not become part of the contract unless the organiser expressly agreed in writing that they shall apply. The organiser hereby expressly objects to any GTC of the customer. The customer will be notified of any changes to the GTC and these will be deemed agreed unless the customer objects in writing to the changed GTC within 14 days; the significance of remaining silent will expressly be pointed out to the customer in the notification.
2. Information requirements
In accordance with sec. 5a (1) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) and with sec. 4 para. 1 of the Austrian Distance and Off-Premises Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG), the organiser provides the customer with the following information to the extent this can already be done within the scope of the GTC:
1. a)Main characteristics of the Tickets: A Ticket entitles one person to one visit of a show of the Salzburg Marionette Theatre.
b)Main characteristics of the Products: see the product-specific descriptions in the online shop.
2. Contractual partner (unless a third-party supplier has been designated): Salzburger Marionettentheater Gesellschaft m.b.H., Schwarzstraße 24, 5020 Salzburg, E:firstname.lastname@example.org, T: +43 662 87 24 06, F: +43 662 88 21 41.
3. Total price/total costs: The prices indicated include any and all taxes and duties as well as the delivery costs (unless such costs are shown separately).
4. Cost of distance communication: customer’s standard rate (no premium rates).
5. Arrangements for payment: Credit card, or transfer (only within Austria).
6. a)Arrangements for delivery of Tickets: as an electronic copy, or to be picked up at the box-office before the show, by post or delivery service
b) Arrangements for delivery of Products: by post or delivery service
7. a)Right to terminate contracts for Tickets: no legal termination right b)Right to terminate contracts for Products: see instructions on withdrawal set forth in item 4.
8. Guarantee of conformity: pursuant to sec. 922 et seq. of the Austrian General Civil Code (ABGB); producer’s guarantees are possible in case of merchandise.
3. Conclusion of contracts
1. By providing websites, telephone ordering hotlines, order forms and selling booths, the organiser invites the customers to make an offer for the acquisition of Tickets and/or for the acquisition of other merchandise and services; this invitation is subject to confirmation and without commitment.
2. Orders may be placed by natural persons, who must be at least 18 years of age at the time of the conclusion of the contract. Minors are represented by their parents or guardians.
3. By placing an order, the customer makes a binding offer to enter into a contract. If an order is placed electronically, the organiser will acknowledge receipt without delay. The confirmation of receipt does not constitute binding acceptance of the order.
4.The organiser is entitled to accept the contractual offer (= order placed by the customer) explicitly by sending the customer the Tickets, the merchandise or the order confirmation, in each case with instructions on withdrawal and a model withdrawal form attached.
5.The contract on the show organised or the contract on the acquisition of the article of merchandise or service will come into legal force upon the earlier of the sending of the order confirmation or the delivery of the article of merchandise.
6. The organiser is entitled to decline acceptance of the order or to limit the order to a customary quantity.
4. Right of withdrawal and/or termination
1. A customer who is a consumer (“Konsument” or “Verbraucher” within the meaning of the Austrian Consumer Protection Act (KSchG) or the Austrian Distance and Off-Premises Transactions Act (FAGG), respectively) has the legal rights pursuant to sec. 3 of the KSchG and sec. 11 para. 1 of the FAGG to withdraw from the contractual offer (order) made (placed) off the organiser’s premises or (after the offer has been accepted by the organiser) to terminate the contract on the terms of the statement of withdrawal set forth below.
2. Time limit for termination: The contract must be terminated within 14 days from receipt of the merchandise or of the order confirmation (for details, see instructions on withdrawal, item 4).
3. If admission tickets for a show at a specific date and time are acquired, the purchaser has no legal right of withdrawal or termination (sec. 18 para. 1 sub-para. 10 of the FAGG).
4. Furthermore, no legal right of withdrawal and/or termination exists in particular if the contract is concluded on the premises of the organiser/of the agent commissioned/of the dealer, at a trade fair stall of the organiser/of the agent commissioned/of the dealer, provided this stall is a usual place of business for the organiser (see Recital 22 of Directive 2011/83/EU) , or off business premises (sec. 3 para. 1 of the FAGG) and the consideration paid by the consumer does not exceed an amount of EUR 50.00, as well as in case of contracts on the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery, on services if the performance has begun prior to the expiration of the time limit for termination and the service has been fully performed by that date, provided that the consumer has acknowledged, and given his prior consent to, losing his right of termination, concerning the supply of newspapers, periodicals or magazines other than subscription contracts for such publications, on services related to leisure activities provided that the respective contract provides for a specific date or period of performance.
5. Instructions on withdrawal In accordance with sec. 4 para. 1 sub-para. 8 of the FAGG, the organiser instructs the customer on the legal right of withdrawal set forth below:
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 when the article of merchandise or the order confirmation were sent to you (= acceptance of your offer). To exercise the right of withdrawal, you have to inform us, Salzburger Marionettentheater Gesellschaft m.b.H., Schwarzstraße 24, 5020 Salzburg, E: email@example.com, T: +43 662 87 24 06, F: +43 662 88 21 41 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. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [www.marionetten.at]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. 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
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. We may withhold reimbursement until we have received the merchandise back or you have supplied evidence of having sent back the merchandise, whichever is the earliest. You shall send back the merchandise received or hand it over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the merchandise before the period of 14 days has expired. You will have to bear the direct cost of returning the merchandise. You are only liable for any diminished value of the merchandise resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the merchandise.
5. Ticket terms
1. The Tickets are not transferable. Commercial trading in Tickets is not permitted.
2. Paid Tickets cannot be taken back or exchanged. No refund or replacement can be issued for Tickets that have not been used or used only in part (e.g. by late arrivers) or that have disappeared in whatever way.
3. If a customer loses the Ticket, the customer is not entitled to replacement or refund.
4. The Ticket authorizes one-time admission to the venue and is invalid without the stub. Tickets lose their validity upon exiting the venue.
5. The customer’s conduct at the shows shall be such as not to endanger, cause damage to, hinder or molest others. The organiser may refuse admission to any customers who are severely under the influence of alcohol or narcotic drugs.
6. The customer must obey the instructions given be the staff at the venue. If the customer resists the instructions, the customer may be excluded from the show – without a right to claim reimbursement or replacement of the Ticket.
7. Audio and video recordings are not permitted. Neither is smoking or bringing or consuming food and drinks.
8. There is a cloakroom available. Customers are recommended to keep their valuables with them and to protect any items not left in the cloakroom from theft.
9. Should the organiser be responsible for a show not taking place at all, the organiser will at its option offer the customer a show on a substitute date or refund the
10. The organiser reserves the right to make minor or objectively justified changes to the cast, to the programme and to the time schedule.
11. Furthermore, the Site Rules or House Rules displayed at the respective venue shall apply.
12. The customer is expressly prohibited from organising any surveys and prize games, from distributing products or promotional articles, and from carrying out any promotion.
13. By attending the show the customer consents to the publication of photographs taken at or of the performance, showing the customer as a visitor.
6. Terms and conditions of payment
1. Unless otherwise agreed, the customer is obligated to pay the agreed consideration at the customer’s earliest convenience, but in any event within 14 days.
2. As soon and as long as the customer is in qualified default (sec. 13 of the Austrian Consumer Protection Act (KSchG)) with one or more payments, the organiser shall have the right to suspend further deliveries until payment has been made; the customer’s obligation to pay continues to exist in such case.
3. Statutory default interest shall apply. In case of any payment default, the organiser shall have the right to charge a maximum of EUR 15.00 for each reminder sent by the organiser and/or to hand over the matter to a collection agency/an attorney at law to pursue recovery. The appropriate costs of such external recovery shall also be refunded by the customer.
4. If the organiser has granted terms for payment by instalments or for making part payments, acceleration is deemed to have been agreed, and in case of payment default the organiser, after sending a written reminder setting a grace period, shall have the right to declare all outstanding claims to be due and payable by the customer forthwith.
7. Retention of title
1. Until full payment has been made, the organiser reserves title to the merchandise delivered and to any copyrights in the services/contents provided.
2. If the contract is terminated, the customer has to delete any electronic copies provided. Until full payment has been made, any use of the services/contents by the customer shall be based on a gratuitous loan arrangement that may be revoked by the organiser at any time.
8. Guarantee of conformity/Liability
1. The organiser’s guarantee of conformity regarding non-gratuitous contracts is based on the provisions of sec. 922 et seq. of the Austrian General Civil Code (ABGB).
2. There is no guarantee of conformity in respect of services provided by the organiser gratuitously.
3. The liability of the organiser and of its directors and officers, employees, contractors and other vicarious agents (“people”) shall be limited on the merits to intention
or gross negligence; liability for slight negligence shall be excluded. Such exclusion of liability shall not apply to personal injury and to damage to property that the organiser has taken over for processing. Any exclusion or limitation of the organiser’s liability shall also apply to the personal liability of the organiser’s people.
If the organiser provides links on its website or in its webshop (“Platform”) permitting access to online services of third persons, the organiser shall not be responsible for the third-party contents contained there. The organiser does not adopt the linked contents. Should any link refer you to illegal contents, please report this to firstname.lastname@example.org.
1. The organiser uses “cookies” on its Platform; cookies are text files which are sent to the customer’s browser and stored on his device when visiting the Platform. These cookies enable the organiser to recognise a customer again upon the customer’s next visit to the Platform. In this way, the organiser can evaluate the user behaviour, recognise the customer as a “recurring user” (“unique client”) and control which advertisements shall be displayed. Also cookies of third-party suppliers will be set when the Platforms are visited.
2. If the customer wishes to prevent the setting of cookies, the customer can make the corresponding adjustments in his Internet browser.
3. By using the Platform, the customer expressly agrees to the organiser setting cookies.
11. Data protectio
1. Use: The following data are stored routinely when one of the Platforms is used: Weblog (including IP address, time of use), data concerning the device used, browser.
2. Registration: Ordering or registration involve a prompt for the customer’s personal circumstances where the customer can input the data required for communication between the organiser and the customer and for a reasonable use of the Platforms. These data include in particular, but not exclusively: first name(s), last name, postal address(es), telephone number(s), telefax number(s), email address(es), date of birth, sex, academic degree, credit card details.
3. Consent: The customer expressly consents to the customer’s personal data detailed above being processed, and thus also used, by the organiser for the organiser’s own purposes in order to provide access to the Platforms, to analyse the user behaviour (in particular by using the web analytics tool Piwik; further information on this is available under piwik.org), to send advertising contents and for other marketing measures.
4. Withdrawal: The organiser expressly points out to the customer that the consent required under data protection law may be withdrawn at any time: Salzburger Marionettentheater Gesellschaft m.b.H., Schwarzstraße 24, 5020 Salzburg, Austria, E: email@example.com, T: +43 662 87 24 06, F: +43 662 88 21 41.
5. Effects of withdrawal: Withdrawal of consent causes the prohibition of any further use of personal data. For the avoidance of misunderstandings, however, the organiser points out to the customer that in such case the organiser may keep, and use, the data to the extent that and for as long as they are still required for the performance of the contractual obligations (sec. 8 para. 3 sub-para. 4 of the Austrian Data Protection Act of 2000 (Datenschutzgesetz, DSG 2000)).
6. Use of Google Maps: This website uses Google Maps to display maps and draw up access routes. Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When the customer uses the Platform, the latter will establish a direct connection to the servers of Google. Thus Google will receive device-specific data, location data, the IP address (log files), information via cookies. By using the Platform, the customer agrees to the transmission, collection, processing and use by Google of the data thus gathered electronically.
12. Prize games
Unless indicated otherwise, any prize games that may be organised by the organiser will be based on the following conditions for prize games:
1. Eligible participants are natural persons residing in Austria (additional regional limitations shall be specified separately).
2. Employees of the organiser, of affiliates and of the companies cooperating in the prize game are not eligible to participate.
3. The organiser reserves the right to exclude from the raffle any participants who influence or attempt to influence the raffle in an unfair manner.
4. The winners will be determined after the prize game has finished and will be informed by email or by post.
5. The conversion of a prize into cash and legal recourse are excluded; any personal taxes, duties, fees and consequential costs incurred by the winner shall be borne by the winner.
6. The participants consent to having their names and, possibly, their photos published in case of winning.
13. Final provisions
1. It is agreed that any and all disputes arising in connection with this contract, including anticipatory effects and after-effects, shall be settled exclusively by the court having subject-matter jurisdiction over 5020 Salzburg. The place of performance is located in 5020 Salzburg.
2. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), this agreement on the place of jurisdiction shall apply to claims filed by the organiser against the customer only if the customer has his residence or habitual abode in the city of Salzburg or pursues his work in the city of Salzburg at the time the contract is concluded.
3. At any rate, the parties shall agree a place of jurisdiction in Austria.
4. The applicable law shall be the substantive law of Austria, to the exclusion of the UN Convention on the International Sale of Goods and the conflict-of-laws rules referring the matter to a different jurisdiction.
5. If individual provisions of this contract are or become ineffective in full or in part, or if there is a gap in this contract, the validity of the remaining provisions shall not be affected thereby.
6. Modifications of and amendments to this contract shall only be valid if made in written form. This shall also apply to any waiver of the requirement of the written form. The requirement of the written form will be deemed complied with by sending a message by email or telefax, or by clicking a corresponding button.
7. If in this contract any references to natural persons are made only in the male form, these shall be deemed references to men and women alike. When referring to individual natural persons, the respective gender form applicable shall be used.