General terms and conditions of business

1. General

These General Terms and Conditions of Business apply to the sale and dispatch of tickets and goods by the NÖ Tonkünstler Betriebsgesellschaft m.b.H. and the Grafenegg Kulturbetriebsgesellschaft m.b.H. Different requirements of the purchaser (the «customer») are applicable only if the NÖ Tonkünstler Betriebsgesellschaft m.b.H. or the Grafenegg Kulturbetriebsgesellschaft m.b.H. has previously agreed in writing to such divergent conditions.

By placing an order the purchaser declares agreement with these Terms and Conditions and is thereby bound by them.

These Terms and Conditions can be accessed on the home page of the Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. and the Grafenegg Kulturbetriebsgesellschaft m.b.H. and can be copied and saved by the customer if desired.

The services offered by the Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. and the Grafenegg Kulturbetriebsgesellschaft m.b.H. relate to leisure and recreation and are to be provided on a given date or within a certain precisely defined period (leisure services).

2. Advance ticket sales

The advance ticket sales for holders of the GRAFENEGG-Card will commence on November 15th, 9 am. New GRAFENEGG-Cards can be ordered together with concert tickets. Ticket orders from non-GRAFENEGG-Card holders will be processed starting on November 29th, 9 am. Orders will be processed in order of receipt. Orders for tickets may be placed at our box office in Vienna and Grafenegg in person, by telephone, by email, online (www.grafenegg.com), via post or fax.

3. Supplementary Events

Admission to all preludes, pre-concert talks and other supplementary events is included with the ticket for the evening concert in question. The preludes and pre-concert talks are a service offered free of charge by the Grafenegg Kulturbetriebsgesellschaft to its visitors. On account of the limited capacity of the venues, numbered tickets for preludes will be issued on the day of the concert. There is no legal entitlement to admission.

4. Conclusion of the contract

The customer’s order is a binding offer that takes effect upon provision of all details required by the Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. and the Grafenegg Kulturbetriebsgesellschaft m.b.H.. All customer data supplied when placing an order will be handled in confidence and will not be forwarded to third parties, unless the data are necessary for fulfilment of service. The Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. and the Grafenegg Kulturbetriebsgesellschaft m.b.H. are at liberty to accept offers to purchase tickets within 14 days of receiving the offer or to decline such offers by dispatch of an appropriate notification to the customer, in particular in cases of price increases that have occurred in the interim or on account of erroneous entries in sales brochures, price lists or other documentation. Neither the Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. nor the Grafenegg Kulturbetriebsgesellschaft m.b.H. accepts any liability for such price increases or errors.

5. Prices and payment

All published prices are to be understood as «inclusive prices» (gross amounts including turnover tax). Costs incurred in dispatch (postage and packing) will be charged separately. Printing errors and changes in individual prices are excepted from liability. The ticket price is payable immediately upon conclusion of the contract.

Tickets held at the concert box office and not collected will be charged for.

In order to make good any claim for a concession (e.g. Club Ö1 at selected concerts), whether the ticket is bought at the concert box office or ordered by telephone, appropriate proof of identity must be presented no later than when the tickets are collected. If such evidence cannot be produced, no claim to concession can be made and a surcharge must be paid on the full price of the ticket. Concessions can only be claimed at the time the ticket is purchased and not retrospectively. Only one concession can be claimed on any given ticket.

6. Delivery/delivery time

Concert tickets may be either dispatched via postal mail, or can be picked up at the ticket counter before the concert in case the payment has been processed in advance. Concert tickets will be sent free of charge to GRAFENEGG-Card holders. For customers without GRAFENEGG-Card postage of € 2,50 will be charged for standard post in addition to the ticket price. € 5,00 will be charged for registered mail. With standard post, no liability is assumed if tickets are lost in the post.

 

7. Methods of payment

We accept the following credit cards: Master Card, American Express, Diners Club, Visa and JCB. Payment in cash or by debit card (Bankomat) is also possible. Payment by bank transfer is possible up to 3 weeks before the concert, since the transaction can take up to 14 days. The deposit of unpaid tickets at the ticket counter is not possible.

8. Exclusion of the right to return and exchange tickets, loss of tickets

Return and exchange of tickets is specifically excluded. No refund will be made on tickets already paid for. If concerts are sold out, resale may be negotiated with the Tonkünstler & Grafenegg Box Office in exceptional cases for a fee of 15% of the ticket price. The original tickets must be presented in such cases. The transaction will be effected in the Tonkünstler & Grafenegg Box Office from the day following the concert up to 30 days inclusive after the date of the concert.

The Grafenegg Kulturbetriebsgesellschaft m.b.H. is allowed to fill unmarketed tickets in commission, to ensure a coherent scene, especially during a television broadcast.
If tickets have been lost, duplicates may be issued at a handling fee of € 2,00 per replacement ticket. Each original ticket is thereby invalidated.

Grafenegg: Delay in the start of the concert or interruption of the concert caused by bad weather or transfer to another venue in the grounds of Grafenegg Castle does not establish entitlement to a return or refund of the ticket.

9. Open-air concerts

In the case of concerts planned specifically as open air events, that is to say without provision for an alternative in case of bad weather, ticket holders will receive a refund of the admission price on the first working day following the concert or thereafter. A refund can only be made if the concert was cut short before the interval or when less than 50 minutes had elapsed from the start.

For events on the Wolkenturm open air stage that allow for bad weather, a decision will be made no later than 30 minutes before the start of the concert about a move to the Auditorium on account of the weather conditions. If a transfer to the Auditorium during the concert is necessary, there will be an interruption of approximately 30 minutes. In the Auditorium, as shown on the ticket, there will be alternative seating for ticket-holders in categories 1-5 and a folding seat in the gallery for category 6; relocation due to the weather does not result in a refund to ticket holders of categories 1 to 6. Ticket holders in category 7 and those with unallocated lawn seating (Rasenplätze) have the opportunity to attend a video transmission of the concert in the Riding School. Holders of unallocated tickets and category 7 ticket holders who choose not to attend the video transmission will receive a refund if the concert was abandoned before the interval or less than 50 minutes after the start. Refunds for category 7 and lawn seating will take place within 2 months from the first weekday after the concert. The original tickets must be presented. If you wish to return your tickets please download the according form. Please note: The form is in German.

Ticket holders may  request transfer to their bank account or reimbursement to their credit card. Original tickets may also be sent by post to the box office for payment of the refund by bank transfer or reimbursement to a credit card.

The different sizes of the Wolkenturm and Auditorium may lead to a shift in category as the new seating is allocated. Seats that were adjacent in the Wolkenturm may be separated from each other in the Auditorium.

10. Grafenegg estate

The entire grounds are open to visitors, but on days when a concert is held on the Wolkenturm open-air stage, from three hours before the start of the concert the venue is only accessible with a valid ticket for that event. Visitors who are only attending the prelude concert must have left the grounds by the start of the evening concert.

Dogs can be brought on to the Castle estate only outside the hours in which events take place.

The Tavern is open to all at all times.

If a concert is moved to another location within the grounds of Grafenegg Castle, no entitlement to a ticket refund will result from this relocation.

At open-air events we recommend warm, weatherproof clothing. Please refrain from raising umbrellas, so as to avoid blocking the view of others.

Access to the lawn area is allowed only after admission has begun on the instructions of the chief ticket supervisor. No portable seating can be set up on the lawn. Smoking and fire-lighting are not allowed.

The organizer reserves the right to exclude from the venue, at times when concerts are being held, any persons considered to be causing a nuisance to other visitors.

Children over the age of 2 require their own tickets. Our ticket office will inform about youth reductions. Visitors with children who have not yet reached their second birthday will only be able to seat themselves in the lawn area.

We reserve the right to offer visitors alternative seating at our venues. If an alternative seat in a lower category is offered, the difference in ticket price will be refunded.

11. Bus transfer

For all of its own events, a bus transfer from the Vienna Musikverein/Bösendorferstraße to Grafenegg and back will be made available. Departure times will be given in current publications. The return trip will leave about 15 minutes after the end of the main concert. Bus tickets can be ordered up to 10 days before the concert.

12. Conditions of sale and delivery for items from the online shop

Contract Conditions

The information contained in our price lists and webpages is without obligation. We expressly reserve the right to change the information at any time. Customer orders represent an offer to conclude the contract. Orders placed via our webpages are deemed placed at the moment at which the electronic order notice is received.

Right to withdraw from the contract

Ordering parties who are consumers in accordance with consumer protection legislation can, within a period of seven working days from receipt of the goods, withdraw from purchase of goods ordered on the internet. It shall suffice if the notice of withdrawal is dispatched within the time allowed. In the event of withdrawal, the purchase price will be completely refunded only as the goods are received back from the party who ordered them.

Prices

The only valid prices are those given on our web page. Unless otherwise stated, all prices are gross prices which include the statutory sales tax. Any export or import duties that are imposed during shipment are chargeable to the customer.

Dispatch

Goods are sent to the delivery address given by the customer. We aim for the speediest possible shipment of products that have been ordered.

Payment

Unless otherwise agreed, payment is due without deduction on receipt of the invoice. Sums are to be paid to the account given on the payment slip. Payment is only considered made once it has arrived in our account. Cession of rights to third parties is expressly forbidden to the purchaser.

Property status

Until payment has been made in full the delivered goods remain the property of the Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H or the Grafenegg Kulturbetriebsgesellschaft m.b.H..

Copyright

The purchaser acknowledges that the audio media retailed by us are protected by copyright. Copying, distribution or use other than for private purposes is expressly denied the purchaser.

Guarantee and liability

Faulty goods must be returned. The Online-Shop will provide the recipient with fault-free replacements. The manufacturer’s provisions in respect of the goods will apply.

Limitations of use and instructions

1) The guarantee represents the limits of our liability for damages, except in case of deliberate fault or gross negligence. This particularly excludes remedy for consequential damage, indirect damage and loss or lost profit from faulty, omitted or delayed delivery.

2) Liability for personal injury or under product liability legislation is not restricted by the above provision. We will not be liable for the content of products we offer for sale.

13. Claim to service

The customer can enjoy the service only after the price has been paid in full. Until then the ticket remains the property of Niederösterreichische Tonkünstler Betriebsgesellschaft m.b.H. or the Grafenegg Kulturbetriebsgesellschaft m.b.H..

14. House regulations

Each valid ticket entitles one person to attend the given event in observance of house regulations. The applicable ticket must always be shown to audience service personnel on demand. No other seat may be occupied than the one indicated on the ticket. Offences against these regulations or the above conditions may cause the visitor to be excluded from the event without refund of the purchase price.

15. Subscription orders and purchase

Subscriptions can be ordered in person, by telephone or email. A subscription order is a binding contract governed by our Terms and Conditions.

Subscription prices

The subscription rates given in the price list that is current at any given time are applicable.

Subscription payment

Payment of the subscription must be made after receipt of the payment slip by the deadline given on the payment slip. You may also pay for your subscription by charging it to your credit card. A subscription brochure with the prices for the forthcoming season will be sent to each subscriber in March or April of each year.

Subscription tickets will be sent by post or can be collected from the box office. Should you still not have received your subscription tickets by mid-September, we would request you to advise the box office accordingly.

We would also advise you to make transfers only with the payment slips provided, as otherwise we cannot guarantee that your payment will be correctly accounted for.

16. GRAFENEGG-Card

The GRAFENEGG-Card is valid for concerts by the Grafenegg Kulturbetriebsgesellschaft including Summer Concerts and Festival. You can order your GRAFENEGG-Card when buying tickets or goods. You can also obtain a Card without making any other purchases. Reductions made possible by the GRAFENEGG-Card can be given only when ordering through the Tonkünstler & Grafenegg Box Office in Vienna and the Grafenegg Box Office. More information on the GRAFENEGG-Card is available at www.grafenegg.com/en/shop/grafenegg-card.

17. Late arrivals

To prevent the audience from being disturbed during the concert, late arrivals will not be shown to their seats until the interval or a period of prolonged applause between works.

18. Changes of performers or programme

Changes to the artist line-up or to the programme may be made at any time and do not establish the right to refund or exchange of tickets.

19. Image and sound recording

Photographic, video or sound recording is not permitted during performances. In the event of photography or recording for television, film and video, the visitor consents to the reasonable use of any personal images that may arise (without compensation).

20. Advice under consumer protection law

As the services offered are leisure services under consumer protection legislation, the customer has no statutory right of withdrawal from a contract remotely entered into or declared by remote communication.

21. Data protection Guidelines

The commissioning and enjoyment of the services of the Grafenegg Kulturbetriebsgesellschaft m.b.H., in particular by means of the purchase of admission tickets, renders the customer subject to the General Terms and Conditions (AGB). In the pursuit of the business of the Grafenegg Kulturbetriebsgesellschaft m.b.H., it is necessary for the customer’s personal data to be processed.
If the customer should have separately given consent to a use of data related to his/her person within the information complex «Business data bank for the operations of NÖ Kulturwirtschaft» (§ 4 Z 13 and 50 DSG 2000), the personal data conveyed as part of the business relationship with the Grafenegg Kulturbetriebsgesellschaft m.b.H. will be passed to the associate companies of the Grafenegg Betriebsgesellschaft m.b.H. and used by them.
Consent can be revoked at any time; withdrawal of consent is to be notified in writing to NÖ Kulturwirtschaft GmbH, Neue Herrengasse 10, 3100 St. Pölten, by fax to 02742/908041 or in an email message to datenverwaltung@noeku.at. To ensure prompt handling of a revocation of consent, we recommend the email Option.

22. Place of performance, jurisdiction and responsible court

The place of performance is St. Pölten. Without prejudice to particular commitments to consumers, the commercially qualified court in St. Pölten is responsible for all legal disputes arising out of or in connection with the relevant contract. The law of Austria, to the exclusion of international standards of reference, is deemed to have been agreed. The provisions of UN law of purchase and sale are not applicable.

23. Concluding conditions

Should individual elements of these General Terms and Conditions of Business (AGB) be in contradiction of overriding legal stipulations (such as the provisions of the consumer protection legislation, KSchG), the remaining conditions of the AGB retain their validity. We reserve the right to change our AGB at any time.

NÖ Tonkünstler Betriebsgesellschaft m.b.H.
Kulturbezirk 2 / 3100 St. Pölten / UID ATU53650801 / FN 214979 x
Account details: HYPO NOE Gruppe Bank AG
IBAN: AT87 5300 0064 5222 7108
BIC: HYPNATWW

Grafenegg Kulturbetriebsgesellschaft m.b.H.
Grafenegg 10 / 3485 Grafenegg / UID ATU58026978 / FN 248521 y
Account details: HYPO NOE Gruppe Bank AG
IBAN: AT19 5300 0064 5222 6101
BIC: HYPNATWW

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Revised July 2017

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