General terms and conditions of business

1. General remarks

These General Terms and Conditions apply to the sale and delivery of tickets and other items by Grafenegg Kulturbetriebsgesellschaft m.b.H. Any other terms and conditions of the buyer (hereinafter also “customer”, “visitor” or “subscriber”) shall only be valid if Grafenegg Kulturbetriebsgesellschaft m.b.H. has given written consent to such other terms and conditions in advance.

By placing an order, the buyer is declaring his or her consent to these General Terms and Conditions and is bound by them.

These General Terms and Conditions can also be accessed on the website of Grafenegg Kulturbetriebsgesellschaft m.b.H. and if necessary can be saved.

If other general terms and conditions (GTCs) are incorporated into the contract, especially the GTCs of another event organiser, these GTCs of Grafenegg Kulturbetriebsgesellschaft m.b.H. shall take priority over any other GTCs. The GTCs of sales partners apply on a supplementary basis to the GTCs of Grafenegg Kulturbetriebsgesellschaft m.b.H (for further information on third-party event organisers see Point 26).

 

2. Entry into effect of the contract

The customer’s order is a binding offer that becomes effective with the disclosure of all the data requested by Grafenegg Kulturbetriebsgesellschaft m.b.H. All customer data submitted during the ordering process shall be treated in confidence and shall not be transferred to third parties, unless the data is necessary for the provision of the service. Grafenegg Kulturbetriebsgesellschaft m.b.H is entitled either to accept offers for ticket purchases within 14 days of receipt of the offer or to refuse them by sending a relevant explanation to the customer, especially in the event that prices have increased in the interim or that any unintentional errors are present in sales prospectuses, price lists or other documentation. Any liability on the part of Grafenegg Kulturbetriebsgesellschaft m.b.H for such price increases or errors is excluded.

 

3. Entitlement to services

The customer is entitled to the provision of the service only once the payment has been made in full. Until then, the ticket or item remains the property of Grafenegg Kulturbetriebsgesellschaft m.b.H. The buyer is only entitled to provision of service after presenting a valid ticket.

4. Duty of supervision

If a carer attends with a person who is not legally competent, the fact of having bought a ticket does not exempt him or her from his or her duty of supervision and he or she shall be liable for any damages caused by any failure to observe his or her obligations.

 

5. Photography, video and audio recordings

Photography, video and audio recordings are not permitted during the events without special authorisation (e.g. for accredited press photographers). Where photography, television, film or video recordings do take place, the visitor grants permission to Grafenegg Kulturbetriebsgesellschaft m.b.H and the third parties carrying out the transmission or recording that the images made of him or her during or in connection with the event may be used commercially, stored, broadcast and distributed without compensation and without any restrictions as to time or place, using any technical process.

 

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Information on purchase, payment and shipping

6. Prices and payment

All price details should be understood as gross prices (including statutory VAT). Once a ticket is sold, any fees arising (postage) are billed separately. Printing errors and individual price alterations remain excepted. The ticket price becomes due immediately after the contract is concluded.

In order to be able to claim a discount (e.g. Club Ö1 or youth discount at selected concerts), relevant credentials must be presented while buying the ticket at the daytime box office or, if the tickets are bought over the telephone or online, no later than the time the tickets are collected. If the necessary credentials cannot be presented, the entitlement to a discount becomes void and the difference between the discount and the full ticket price must be paid. Discounts can only be claimed at the time of ticket purchase and at selected events organised by Grafenegg Kulturbetriebsgesellschaft m.b.H. They cannot be applied retroactively. If entitlements to discounts are introduced and offered at a later date, there is no claim to retroactive discount or withdrawal from the contract. Only one discount can be claimed at a time.

Group discounts only apply to the amount of tickets booked for a specific event date. When claiming a group discount, the date of billing applies.

It is not permissible to take a seat other than the one designated on the ticket. In the event of unauthorised changing of seats, the difference amount may be charged or the visitor may be removed from the event premises.

 

7. Types of payment

The credit cards Mastercard, American Express, Diners Club, VISA and JCB are accepted. Payment with vouchers is also possible. Cash payment and payment using debit card are only possible in the box offices. When paying online, it is also possible to select payment via Klarna/Sofortüberweisung or PayPal. Bookings by payment slip have a payment date of 14 days after conclusion of contract. In the last two weeks before the start of the event, tickets can only be purchased with cash, voucher, debit card or credit card.

Transfers must only be made with the payment slips sent by Grafenegg Kulturbetriebsgesellschaft m.b.H or with the details provided for online banking that are written on the payment slip. Otherwise the payment cannot be properly processed.

In the event of charge backs, Grafenegg Kulturbetriebsgesellschaft m.b.H reserves the right to charge a processing fee of €10 plus any applicable bank charges.

Tickets left at the evening box office and not collected will be charged for. If tickets have been ordered but not collected, it is not possible to obtain a refund of the purchase price (exceptions are tickets without bad-weather seating; for more on this see Point 20).

8. Postage/delivery times

The tickets can be sent in the post. Paid-for tickets can also be collected from the evening box office. Postage of concert tickets is only free of charge to GRAFENEGG-Card holders and other members of the association “Friends of the Grafenegg Festival”. For customers without membership, a fee of €2.50 will be charged for standard postage (the amount may be different for postage abroad). For registered post, €5 will be charged. For standard post, if a ticket is lost in the post, no liability is accepted.

On receiving the sent tickets, the customer must immediately check they are correct and complete. Any refunds must be requested without any unnecessary delay. If a customer is a business operator, he or she is obliged to immediately check the tickets and submit a prompt notice of defects. Failure to do so would lead to loss of warrantee rights.

If the “print@home” method of delivery is selected, the concert tickets will be sent electronically. Printing the tickets or displaying them on a mobile end device is considered a fully valid entrance ticket and will be scanned and validated by the venue staff.

 

9. Commercial and private resale

Commercial resale of entrance tickets is only permitted to sales partners of Grafenegg Kulturbetriebsgesellschaft m.b.H and is not allowed without prior permission. Admission to events is only granted on presentation of a valid entrance ticket (in its original version). Grafenegg Kulturbetriebsgesellschaft m.b.H may refuse to sell entrance tickets and issue replacement tickets to companies and persons that deal in entrance tickets without permission or that operate networks to similar ends.

Grafenegg Kulturbetriebsgesellschaft m.b.H accepts no liability for the validity of entrance tickets from other ticket providers or for their services and price mark-ups.

The use of data material for advertising purposes (text, audio, photographic and video material owned by Grafenegg Kulturbetriebsgesellschaft m.b.H) is only permitted for sponsors and sales partners and only if accompanied by a picture credit.

Private resale of entrance tickets without the intent to realise a profit is in principle permissible. Admission to events is only granted on presentation of a valid entrance ticket (in its original version).

Grafenegg Kulturbetriebsgesellschaft m.b.H accepts no liability for the validity of entrance tickets from private ticket providers and advises against buying tickets via online platforms. In such cases it is not possible to verify the validity of the entrance tickets. All risk lies with the ticket purchaser.

Grafenegg Kulturbetriebsgesellschaft m.b.H may refuse to sell entrance tickets or issue replacement tickets to persons who resell the tickets with the intent to realise a profit.

 

10. Exclusion of the right to return and exchange

Ticket returns and exchanges are in principle excluded, except in the event of cancellations of performances. Otherwise there is no refunding of ticket prices once paid. The right to substitute performers or change programmes or starting times, to cut a concert short because of severe weather or to change venues within the Grafenegg grounds is expressly reserved. Such changes do not count as grounds for a return of tickets or a price reduction. In the event of a substantial change, Grafenegg Kulturbetriebsgesellschaft m.b.H shall take reasonable endeavours to inform the buyer. However, it is the buyer’s responsibility to inform him- or herself about any changes. The most up-to-date information can be found on the website grafenegg.com.

Holders of individual tickets cannot exchange them for another performance date. There is a special arrangement for subscribers (see Point 15).

In the event of sold-out concerts, in exceptional cases a commission-based sale may be agreed for a fee of 15% of the ticket price. For this to be possible, the original tickets must be presented in the box offices of Grafenegg Kulturbetriebsgesellschaft m.b.H. The deduction of the commission takes place in a period from the first working day following the concert up to and including 30 days after the concert. If the customer cannot be contacted, the money amount resulting from the commission-based sale becomes void by no later than six months after the end of the current season. In the event of resale, the payment in all cases is via transfer back to a bank account. In the event of transfers to a non-Austrian account, any transfer fees are payable in full by the buyer.

Grafenegg Kulturbetriebsgesellschaft m.b.H reserves the right to find buyers for unsold commission tickets at short notice, especially in order to fill seats and ensure an appropriate appearance in television broadcasts.

 

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Information on cancellations

11. Cancellation, rescheduling and change of events

In the event a performance is cancelled, a ticket may be refunded no later than two months after the scheduled date at the event organiser’s box offices or at the relevant presales outlet. Cash payment is not possible. In the event of cancellation or alterations to the programme, no associated costs (such as hotel, travel, postage etc.), in whatsoever circumstances, shall be refunded.

If the event is rescheduled, the original ticket retains its validity for the new date. If the new date is not possible for the ticket-holder, the ticket must be returned before the new date in order for a refund to be made. The ticket price will be refunded to the credit card with which it was paid or by transfer to a bank account. Postage costs and any other expenses are not refunded. A refund is categorically only possible for tickets purchased directly from Grafenegg Kulturbetriebsgesellschaft m.b.H.

If an event is cut short, the purchase price will only be refunded if less than 50% of the event was shown before the interruption or if the event was cut short before the interval (for further information see Point 20 below).

The event organiser reserves the right to cancel or cut short an event because of force majeure, (especially severe weather, earthquake, floods, fire, war, industrial action, externally caused – e.g. through power failure – operational disruption, epidemics, pandemics), or because governmental security agencies advise against or forbid starting or continuing the event due to danger of terrorist attack, or if performers are prevented from attending, fall sick or die and there is either no available replacement or it would be appropriate for reasons of respect to cancel or cut short the event. In this case, the customer shall receive the admission price in full or – if an event is cut short – proportionately. Any other claims on the part of the customer are excluded if the event organiser is not at fault for the cancellation or cutting short of the event. The event organiser’s statutory rights to cancel or cut short an event remain unaffected.

The event organiser reserves the right at its equitable discretion to substitute performers and/or to change the programme in the event performers are prevented from attending, fall sick or die and/or at its equitable discretion to change the programme or to move the event to a different venue or date and time because of one of the reasons listed above, provided this is appropriate for the customer while taking the event organiser’s interests into account. In this event, the customer’s rights to withdraw or reduce the price are excluded. The event organiser’s statutory rights to cancel or cut short an event remain unaffected.

The event organiser reserves the right at its equitable discretion to allocate another seat to the customer for the event in question, even after the conclusion of the contract, if the place designated on the entrance ticket is not available (e.g. because of a defect) and provided this is appropriate for the customer while taking the event organiser’s interests into account. In this event, the customer’s rights to withdraw or reduce the price are excluded. The event organiser’s statutory rights to alter seating remain unaffected.

12. Epidemic/pandemic clause

In the event of disease outbreaks that make it impossible to hold events, Grafenegg Kulturbetriebsgesellschaft m.b.H reserves the right to suspend the contract unilaterally. Any costs incurred (hotel, travel etc.) must be borne by the customer him- or herself. In this event, Grafenegg Kulturbetriebsgesellschaft m.b.H shall endeavour to inform customers in good time, provided contact details have been made available.

If travel restrictions make it necessary to change programmes and substitute performers, this does not constitute grounds for refunding or reducing the price of concert tickets.

Any rescheduling of a concert to another date that might result from this does not constitute grounds for refunding or reducing the price of concert tickets.

In periods in which a decree by the Austrian federal government for the purpose of combatting epidemics/pandemics is in force, it is not possible to buy tickets anonymously. This is because for a containment strategy to work it is necessary to identify infected and sick people and find persons with whom they have been in contact as quickly as possible. In the event that tickets are passed on to third parties, it is mandatory to inform the box offices of Grafenegg Kulturbetriebsgesellschaft m.b.H and provide the contact details (name, address, email address and telephone number).

Persons with symptoms of the disease must not enter the event areas (in the event of, for example, confirmed COVID-19 symptoms, it is possible to return tickets to the presales outlets).

 

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Information on memberships, individual tickets and subscriptions

13. Memberships

The advantages of the GRAFENEGG-Card or of other memberships of the “Friends of the Grafenegg Festival” apply to events organised by Grafenegg Kulturbetriebsgesellschaft m.b.H (some performances may be excepted). The GRAFENEGG-Card and the memberships “Patron” and “Bronze Patron” can be ordered while purchasing a ticket or item. All other memberships can be ordered via freunde@grafenegg.com. It is also possible to purchase a membership without buying anything else. The discounts granted by memberships can only be applied to bookings made via the NÖKU Tickets. box offices.

The GRAFENEGG-Card remains valid from the first Schlossklänge concert until the final concert of the festival. The card is not renewed automatically.

All other memberships are valid for one calendar year and are automatically renewed.

The membership fee cannot be paid out in cash if it proves impossible to provide services offered because of force majeure (for more information see Points 11 and 12).

All information on the memberships can be found at https://www.grafenegg.com/en/shop/grafenegg-card.

 

14. Individual ticket sales

The sales launch is announced in the relevant season brochure and on the website. Grafenegg Kulturbetriebsgesellschaft m.b.H may make arrangements that differ from these details for individual events. Different presales arrangements may apply to events put on not by Grafenegg Kulturbetriebsgesellschaft m.b.H but by other event organisers. Sales launch dates are subject to changes for operational reasons.

Subscribers, GRAFENEGG-Card holders and other members of the association “Friends of the Grafenegg Festival” have the right to buy presales tickets for certain concerts and other events. The presales periods are shown in the relevant season brochure and on the website.

Tickets can be ordered in person during opening hours, online at grafenegg.com, by telephone, email, post or fax in the box offices of Grafenegg Kulturbetriebsgesellschaft m.b.H in Vienna and Grafenegg.

In the event of high demand, Grafenegg Kulturbetriebsgesellschaft m.b.H reserves the right to decide to issue a maximum of four tickets per person. For both dates of the Midsummer Night’s Gala, there is an additional exception: within the presales periods for GRAFENEGG-Card-holders, only two tickets per date may be bought.

15. Subscription ordering and purchase

It is possible to order subscriptions in person, by telephone or email. Subscriptions as part of the summer programme can also be bought online. Ordering a subscription is a binding offer.

Subscription prices

The subscription prices are applicable as per the relevant valid price list.

Subscription payment

The subscription must be paid for after the payment slip has been sent and before the deadline stated on the payment slip. Payment by credit card is also possible. A subscription brochure with the prices for the coming season will be sent out to every Schlossklänge subscriber in spring of each year. The summer subscription is published in autumn.

The subscription tickets are sent by post or can be collected in the box office. If the subscription tickets have not been received after a period of one month, subscribers should notify the box office.

Grafenegg Kulturbetriebsgesellschaft m.b.H is entitled to terminate any subscription contract with immediate effect if an overdue payment is not received from a subscriber who has received a warning.

If the subscriber is prevented from attending an event in his or her subscription series, he or she can swap to pre-designated concerts in the current season (details of these opportunities will be given by the staff in the box offices). This kind of swap is possible twice within a concert season, and the tickets to be swapped must be received by one of the two box offices of Grafenegg Kulturbetriebsgesellschaft m.b.H no later than one week before the affected concert. If a ticket of a lower category is selected for the swap, the difference is forfeited.

Subscriber tickets can also be passed on to one or more other persons without this leading to a loss of validity of the existing contract. If a discount has been granted for the subscription, the ticket can only be passed on to persons who are also entitled to claim this discount. If this is not the case, a supplementary payment must be made.

 

16. Loss of tickets

In the event a ticket is lost, a duplicate can be made at a cost of €2 per reprint. The replacement ticket must be requested in writing and can only be issued if the customer can prove which ticket he or she booked (customer number and/or invoice number). The original ticket then loses its validity. A reprint of lawn tickets is categorically not possible.

 

17. Print@home

A print@home entrance ticket or a print@home voucher can be booked via the website www.grafenegg.com or by telephoning the box offices of Grafenegg Kulturbetriebsgesellschaft m.b.H. The print@home entrance ticket entitles the bearer to attend the performance shown on the ticket and must be presented on admission, unprompted and in an undamaged state, and whenever requested by an usher. The print@home entrance ticket must not be duplicated or resold. The first printout to be shown to the admission staff is the only one that entitles the holder to enter. Holders of other printouts or copies will not be allowed to enter. Under no circumstances may a copy/duplicate of this ticket be passed on. The event organiser reserves the right to demand payment, in the amount of the total value of the reproduced tickets, from the owner of an original ticket that has been reproduced, where the owner is at fault for this. The event organiser bears no responsibility for any damage caused by misuse or unauthorised reproduction.

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Information on additional offers

18. Bus transfer

For all in-house events, a bus transfer is offered from the Musikverein Wien, on the corner of Bösendorferstraße and Canovagasse, to Grafenegg and back. Departure times are listed in current print media and on our website. The return journey departs approx. 15 minutes after the end of the main concert. Bus tickets can be ordered no later than ten days before the concert and must be shown in their original or as print@home tickets to the bus staff. Seating is not allocated and no particular seats can be reserved in advance. The transfer is provided by a contractual partner that is liable for its services.

 

19. Additional events

Admission to all Préludes, introductions and other additional events (e.g. Late Night Sessions) related to a main concert is free for holders of a concert ticket. The Préludes and introductions are a free service of Grafenegg Kulturbetriebsgesellschaft m.b.H to visitors. Because of the limited capacity of the venues, numbered tickets may be issued for these events on the day of the concert. Admission to the additional events in this case is only possible with the free-of-charge numbered ticket. There is no legal entitlement if admission is not possible for reasons of capacity.

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Information on the Grafenegg grounds and the site rules

20. Open-air concerts

The special atmosphere of the Wolkenturm in the heart of Grafenegg’s expansive Schlosspark is loved by visitors from all over the world. For this reason, Grafenegg Kulturbetriebsgesellschaft m.b.H endeavours to hold events at the Wolkenturm even when the weather is unreliable. Guests are therefore advised to bring warm and weatherproof clothing with them. Umbrellas are not permitted because they obstruct visibility. In the event of rain, ponchos are handed out free of charge.

Some concerts are exclusively planned as open-air events without any alternative variant available in the event of bad weather. For these, in the event of weather-related cancellation, ticket-holders are eligible for a refund of the admission price from the first working day after the concert. The price is only refunded if the concert did not last until the interval or lasted less than 50 minutes.

For events that are scheduled to take place in the open-air stage Wolkenturm but have a bad-weather variant in the Auditorium concert hall, the festival management may decide at any point up to the planned start of the concert either to move the concert to the Auditorium or to delay the start. If it becomes necessary during the concert to move to the Auditorium, an interruption of approx. 30 minutes should be allowed for. For tickets of categories 1 to 5, there is an alternative seat in the Auditorium. For category 6 there is a folding seat in the gallery or first row of the “Cercle”. This is marked in advance on the ticket. A change of venue for weather reasons does not entitle holders of tickets in categories 1 to 6 to return their tickets.

For tickets of category 7 and lawn places, there are no alternative seats in the Auditorium. Holders of tickets in category 7 or of lawn places have the opportunity to watch a video broadcast of the concert in the Riding School. Holders of tickets in category 7 or of lawn places who did not watch the video broadcast shall receive a refund for their tickets provided the concert did not last until the interval or lasted less than 50 minutes. The price for tickets in category 7 and lawn places is refunded in a period from the first working day after the concert up to and including one month after the event. The refund must be actively requested by the buyer. It is necessary to present the original concert ticket. However, tickets obtained from contractual partners must be returned to the contractual partners. A form for returning tickets can be found at www.grafenegg.com/schlechtwetterformular.

The refund can only be made via transfer to a bank account or chargeback to a credit card. In the event of transfers to a non-Austrian account, any transfer fees are payable in full by the buyer.

The original tickets can also be sent by post to the box office. The ticket price is then transferred back or charged back to the credit card.

Because the Wolkenturm and Auditorium are different sizes, there may be a change of category when allocating alternative seats. For this reason, seats that are adjacent in the Wolkenturm may be apart or in different categories from each other in the Auditorium.


21. Grafenegg grounds

The Wolkenturm venue is an open-air natural area. Visitors use it at their own risk. Grafenegg Kulturbetriebsgesellschaft m.b.H is not liable for damages caused by carelessness on the part of visitors when using the area or because of natural events, in particular severe weather.

The whole castle grounds are available to visitors, except on days when there are concerts on the Wolkenturm open-air stage. On these days the area is only accessible in a period starting one hour before the start of the Prélude or three hours before the start of the concert and exclusively with a valid concert ticket. For certain Prélude concerts, tickets may be bought for €10. Visitors who only visit the Prélude concert must leave the castle grounds before the start of the evening concert.

This time is also the start of the period, lasting until the end of the last event, during which it is not permissible to enter the castle grounds with a dog. Outside of these periods, dogs on leads are permitted. At some events, for example the Grafenegg Advent, Grafenegg Spring and the Family Day, no dogs are allowed.

The Taverne is freely accessible at all times.

Visitors can access the lawn places after admission by the customer service staff and following the latter’s instructions. No seating furniture is allowed on the lawn places. Smoking and open fires are not permitted. During concerts, the event organiser reserves the right to remove persons who cause other visitors to feel harassed.

Visitors with children aged under two are only permitted to use a lawn place. Children aged two or above must have their own ticket.

 

For security reasons, there are no left luggage facilities or lockers in Grafenegg.

The following objects may be brought in:

Bags (may be searched on admission)

Plastic bottles (up to 0.5 litres)

Cushions and blankets

Any items from the Grafenegg Shop

 

The following objects must NOT be brought in:

Glass bottles, drinking glasses

Seating furniture

Professional photographic and video equipment or audio recording devices

Selfie sticks, laser pointers, laptops or tablets

Suitcases, trolleys, bulky objects of any kind

Knives and any items that meet the criteria of the Austrian Weapons Law (Waffengesetz)

 

22. Site rules

Any valid ticket entitles a person to visit the designated performance provided they comply with the site rules. Persons may be refused admission if there is reasonable grounds to suspect they will interrupt the performance or harass other visitors. Admission may also be refused if the person has failed to comply with the terms and conditions at previous events. Persons who obstruct the sale of tickets, especially those who attempt to offer or resell tickets privately in the buildings and grounds of Grafenegg Kulturbetriebsgesellschaft m.b.H, may be removed from the building or the grounds. A valid ticket must be presented on request at any time to the customer service personnel. In the event of breaches of the site rules or of the above provisions, the visitor may be removed from the performance without refund of the purchase price.

For visitors who arrive late for any event, admission is solely during the interval or a break for applause on the instructions of the head usher. Entitlement to the purchased seat expires once the event begins. Depending on availability, aisle seats may be offered in order to enable an undisturbed experience for the audience. There is no entitlement to refund of the purchase prices even if the late arrival means the event could only partially be experienced or even not experienced at all.

The event organiser reserves the right to offer visitors alternative seats in the venues. In the event a visitor is offered an alternative seat in a lower category, the difference between this and the ticket price will be refunded.

Mobile telephones, pagers and acoustic signal generators of any kind may only be brought into the venue if switched off.

Smoking is not permitted on the grounds of the Wolkenturm.

23. Cloakrooms

Outerwear (only when the performance is indoors), umbrellas, walking sticks, walking aids, buggies, bags (except normal handbags), rucksacks and other objects not needed for visiting the event, especially if they represent a risk or could increase risk, must be deposited in the cloakroom. Walking sticks may be brought in by persons who need them. Hats should be taken off in the concert hall. Any objects left unattended will be removed and can be collected from the cloakroom after the end of the concert. If they are not collected they will be handed over to the lost property office.

Clothing and other items may only be deposited in the cloakroom if they are of a kind that is usually brought to a concert visit. In the event of dispute, the supervisors’ decision is final. Under no circumstances may animals be deposited.

No liability is accepted for separately deposited items; items contained in clothes or bags; other deposited objects (e.g. musical instruments, cameras, jewellery, identity documents, papers, money, credit cards); or for any items of clothing not deposited in the cloakrooms.

 

24. Lost Property

Objects of any kind that are found on the premises should be handed in at the Grafenegg box office or, if this is not open, to the stewarding staff. Loss of objects can be reported in person in the Grafenegg box office or by telephone during opening hours or by email at tickets@grafenegg.com.

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Information on buying items

25. Sales and delivery conditions for items from the online shop

Contractual relationship

Details in price lists and web pages are always non-binding. The right to change details contained therein at any time remains expressly reserved. Customers’ orders are valid solely as an offer to conclude a contract. Orders submitted via web pages are considered as placed at the time the electronic order message is received.

Right of withdrawal

Customers placing orders who are consumers (“Verbraucher”) within the meaning of the Austrian Consumer Protection Act (KSchG – Konsumentenschutzgesetz) may withdraw from the purchase of products ordered over the internet within a grace period of 14 days after receipt of the delivery. To do so, it is sufficient for them to send the withdrawal statement within the grace period. In the event of a withdrawal, the purchase price is only refunded in full as and when the product ordered by the customer is returned undamaged. In the event of a recall, the customer must bear the direct costs of return postage.

Prices

The prices listed on the website are the only valid ones. Unless specified to the contrary, all price details should be understood as gross prices including the statutory VAT. If export or import duties are incurred during shipping, these are borne by the customer.

Delivery

The products are sent to the delivery address provided by the customer. We endeavour to send the products you order to you as quickly as possible. The delivery costs are borne by the customer.

Payments

Unless agreed to the contrary, our invoices are due for payment in full immediately after receipt. Payments must be made to the account shown on the payment slip.

Payments are considered complete only once they are cleared in our account. The customer is expressly prohibited from assigning claims to third parties.

Retention of title

Until payment has been made in full, the delivered product remains the property of Grafenegg Kulturbetriebsgesellschaft m.b.H.

Copyright

The customer acknowledges that the audio recordings sold by Grafenegg Kulturbetriebsgesellschaft m.b.H enjoy copyright protection. The customer is expressly prohibited from any duplication, distribution or other use of this product that goes beyond his or her own private use.

Guarantee and liability

Defective products should be sent back. The online shop shall provide the customer with defect-free products. The manufacturer’s specifications for each product, as provided with the product, apply.

Restrictions on use and instructions

1) Any liability beyond the above limits of the guarantee, including liability for compensation, is excluded unless it is based on wilful intent or gross negligence. In this regard, the exclusion applies in particular to compensation for consequential damages, other indirect damages and losses or lost profit resulting from defective, absent or delayed delivery.

2) Any liability for personal injuries or damage as per the Austrian Product Liability Act (Produkthaftungsgesetz) is not restricted by the above provision. No liability is accepted for the form of the content of the products sold by Grafenegg Kulturbetriebsgesellschaft m.b.H.

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Information on third party events

26. Third-party events in Grafenegg

Ticket sales through Grafenegg Kulturbetriebsgesellschaft m.b.H.

Grafenegg Kulturbetriebsgesellschaft m.b.H sells entrance tickets exclusively as the representative of the event organiser under the organiser’s name, unless Grafenegg Kulturbetriebsgesellschaft m.b.H itself is expressly indicated as the event organiser. The rights and obligations resulting from the event contract are therefore constituted between the event organiser and the customer so the customer’s entitlements from the event contract (e.g. with regard to the implementation of the event, cancellation, rescheduling etc.) are to be claimed directly from the event organiser.

Grafenegg Kulturbetriebsgesellschaft m.b.H is tasked by the event organiser with the implementation and handling of the sale of entrance tickets (implementation of the ordering process, sending out entrance tickets, payment handling etc.). The event organiser remains the contractual partner. For a more rapid handling of questions or problems, the customer is asked to contact Grafenegg Kulturbetriebsgesellschaft m.b.H as their contact partner.

 

No ticket sales through Grafenegg Kulturbetriebsgesellschaft m.b.H.

For all agreements with Grafenegg Kulturbetriebsgesellschaft m.b.H in connection with making Grafenegg available as a venue for the purpose of organising events by third parties, the general contractual terms of Grafenegg Kulturbetriebsgesellschaft m.b.H apply to the relationship between Grafenegg Kulturbetriebsgesellschaft m.b.H and the lessee (event organiser = third party). Grafenegg Kulturbetriebsgesellschaft m.b.H takes no responsibility for third parties’ events. Neither is Grafenegg Kulturbetriebsgesellschaft m.b.H responsible for rescinding transactions of ticket purchases for such events.

Akkordeon stop

 

Information on consumer and data protection and closing provisions

27. Notes on consumer protection law

The services offered by Grafenegg Kulturbetriebsgesellschaft m.b.H affect aspects of leisure time and must be provided by a particular date or within a precisely defined period (leisure-time services). The right of withdrawal in long-distance transactions pursuant to Section 11 of the Austrian Long-Distance and External Transactions Act (FAGG – Fern- und Auswärtsgeschäfte-Gesetz) does not apply to the purchase of entrance tickets because these comprise leisure-time services (“Freizeitdienstleistungen”) within the meaning of Section 18 (1) subpara. 10 FAGG.

 

28. Guidelines on data protection

To the data protection statement (German)

 

29. Place of fulfilment, choice of law and jurisdiction

The place of fulfilment is St. Pölten, Austria. Notwithstanding any special responsibilities for consumers, the objectively responsible court in St. Pölten is responsible for any disputes resulting from or in connection with the present contract. It is agreed that Austrian law, excluding the international conflict of laws provisions, applies. The provisions of UN sales law do not apply.

 

30. Closing provisions

Should individual provisions of these GTCs contradict mandatory legal regulations (for example the provisions of the KSchG), the remaining provisions of these GTCs shall nonetheless retain their validity. Grafenegg Kulturbetriebsgesellschaft m.b.H reserves the right to amend these GTCs at any time.

 

Grafenegg Kulturbetriebsgesellschaft m.b.H.

Grafenegg 10

3485 Grafenegg, Austria

UID ATU58026978

FN 248521 y

Bank details: HYPO NOE Gruppe Bank AG

IBAN: AT19 5300 0064 5222 6101

BIC: HYPNATWW

 

Version: May 2020

Akkordeon stop

 

 

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