Area of application

Conclusion of contract

Cancellation

Price components & methods of payment

Right of withdrawal

Set-off

Shipping, use

Cancellation of events, changes, refunds

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

Final clauses

 

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 promoter'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 protection statement. The data protection statement is an integral and binding part of the general terms and conditions at hand.

 

II. Conclusion of contract

1. The offer of entering into a contract on purchase of a ticket is made by the customer as soon as he clicks the "Buy now" button in relation to a specific event located on the webpage offered by CTS Eventim Austria GmbH. The contract between the customer and the respective contract partner (promoter, 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.

 

III. Cancellation

1. 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 promoter 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 Section 7 (6) (k) of the act no. 102/2014 Coll. on the protection of consumers in respect of the sale of goods or the provision of services under a distance or off-premises contract ("Act"), the consumer may not withdraw from a contract for the provision of leisure-related services the seller undertakes to provide these services at the agreed time or within the agreed time, while the contract for the purchase of a ticket for the event is a contract on the basis of which the seller undertakes to provide the customer with a leisure service, i.e. for the event, at the agreed time of the event. Therefore, the customers do not have a right of withdrawal.

 

IV. 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. If the customer is granted the right to purchase certain offers via invoice after the credit check, the payment is handled in cooperation with Billpay GmbH. 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 Billpay GmbH. Purchases on invoice are also subject to the general terms and conditions of Billpay GmbH. For VISA and MasterCard, payments are processed by the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75A, 28195 Bremen, Germany. 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.

 

V. 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 (Section 7 (6) (k) of the Act). 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 (Section 7 (6) (i) of the Act ).

 

VI. Set-off

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.

 

VII. Shipping, use

Within the Slovak Republic, 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 ticketdirect 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 promoter and the rules of the venue.

 

VIII. Cancellation of events, changes, refunds

For events in Austria, CTS Eventim Austria GmbH is only the ticket provider. For events outside Austria, 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 refunds, but will try to arrange them with the promoter. Applicable service fees, shipping and ticket insurance charges covering CTS Eventim Austria GmbH’s expenditures cannot be refunded.

The following applies if the promoter instructs CTS EVENTIM AUSTRIA GmbH to refund and the respective amount is available to CTS Eventim Austria GmbH: the earliest date to return tickets is two Mondays after the date the cancellation of the event and the request for return has been announced. Mobile Ticket and ticketdirect users will receive the respective amount – if it has already been paid – only after the organizer has requested reimbursement in the same way they purchased their ticket. The Mobile Ticket is automatically devaluated in the course of this process.

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.

 

Cast and program are subject to change, as long as the changes are reasonable, minor and objectively justified. This also applies to changes in stage construction (plans), as long as they were initiated or required by the promoter or artists. In case of a cancellation, postponement or change, additional expenses (e.g. travel to the venue, 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 governed by the relevant provisions of the act no. 40/1964 Coll., the Civil Code, as amended.
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 (see Eventim International). 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.

In the event that a consumer dispute arises between the customer and CTS Eventim Austria GmbH, which cannot be resolved by mutual agreement, the customer may submit a proposal for alternative resolution of such a dispute to a designated alternative dispute resolution entity, as for example the Slovenská obchodná inšpekcia (Slovak Trade Inspection, www.soi.sk).

The customer can use the online dispute resolution platform available at:
https://ec.europa.eu/consumers/odr/main/ to submit an alternative dispute resolution proposal.

CTS Eventim Austria GmbH reserves the right to unilaterally change or supplement the wording of these General Terms and Conditions. The change of the General Terms and Conditions according to the previous sentence will be notified to the customer by publishing the new wording of the General Terms and Conditions on the webpage.

Version: 23.06.2021

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