General Terms and Conditions for Events, Seminars and Courses
§ 1 Scope of Application
1.1.
These General Terms and Conditions (the “Terms and Conditions”) apply to events, seminars and courses, as well as to ticket sales by Spiritissima GmbH, Lerchengasse 33, 2340 Mödling (Academia Spiritissima, Art Gallery Spiritissima and Spiritissima Events), hereinafter referred to as the “ORGANIZER”. These Terms and Conditions apply to all customers (the “CUSTOMERS”), including both entrepreneurs within the meaning of the Austrian Commercial Code (UGB) and consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
1.2.
Any agreements deviating from or supplementing the Terms and Conditions require written form.
1.3.
If admission tickets or, unless expressly excluded, registrations for seminars or courses are transferred to third parties, the CUSTOMER must ensure that such third parties assume all rights and obligations towards the ORGANIZER.
1.4.
[if applicable:] Where the ORGANIZER sells tickets as an intermediary for events organized by third parties, the ORGANIZER will identify this circumstance and the actual event organizer during the ticket-purchasing process. In such cases, the contractual relationship is established exclusively between the third party and the CUSTOMER. These Terms and Conditions apply to that contractual relationship on the basis that the respective third party, as the actual event organizer, takes the place of the ORGANISER.
§ 2 Ticket Purchase
2.1.
Admission to paid events for which tickets are required is granted only upon presentation of a valid admission ticket (“Admission Ticket”). An Admission Ticket is valid if it has been paid for and is undamaged. Only the first presentation of an Admission Ticket grants admission. If no valid Admission Ticket can be presented, the ORGANIZER may refuse admission to the event, regardless of the reason for its non-presentation, including loss, and the CUSTOMER will not be entitled to a refund. The validated Admission Ticket must be retained throughout the event. If it cannot be presented, the ORGANIZER may remove the visitor from the event, regardless of the reason for its non-presentation, including loss, and without entitlement to a refund. For seminars or courses with a small number of participants, the ORGANIZER may require proof of identity following registration instead of an Admission Ticket.
2.2.
The ORGANIZER reserves the right to
– personalize admission tickets and issue them to specific persons; in this case, the admission ticket entitles only the named person to admission;
– refuse admission to persons for objectively justified reasons.
2.3.
There is no legal entitlement to discounts. Eligibility for any discount must be demonstrated to the ORGANIZER upon request when entering the event. If the required proof cannot be provided, admission may be refused unless the difference between the discounted price and the regular price is paid; in such cases, there is no entitlement to a refund.
2.4.
The ORGANIZER reserves the right to limit admission times to an event and to refuse admission after the event has started or to restrict it to certain times (e.g., designated times, such as during breaks).
2.5.
Tickets are non-refundable regardless of the reason for the CUSTOMER’s refund request, without prejudice to Clause 3.1 below. There is also no right of withdrawal in the case of online purchases pursuant to Section 18(1)(10) FAGG.
2.6.
The resale for profit of Admission Tickets to events organized by the ORGANIZER is prohibited and will render the Admission Ticket invalid. The ORGANIZER reserves the right to limit the number of Admission Tickets that may be purchased by each CUSTOMER.
§ 3 Cancellation and Modification of Events
3.1.
The ORGANIZER reserves the right to cancel an event. An event may be cancelled in particular, but not exclusively, in the following circumstances:
– severe weather or natural disasters,
– general or specific threat situations, such as terrorist warnings, epidemics, pandemics or other threats to public safety,
– illness or absence of the artist or another person essential to the event,
– official orders or requirements that make it impossible to hold the event,
– technical problems that significantly impair the holding of the event and cannot be remedied in time (e.g., power outage, technical failure of important event equipment, etc.).
– failure to reach a necessary minimum number of participants
In the event of cancellation, the ORGANIZER is obligated to refund the ticket price to the CUSTOMER.
If the ORGANIZER offers an alternative date and the CUSTOMER accepts this alternative date, the CUSTOMER waives the refund claim against the ORGANIZER.
If the CUSTOMER is an entrepreneur, further claims by the CUSTOMER (e.g., expenses, travel and accommodation costs or the like) are excluded in any case and the refund claim expires 3 months after the original event date.
3.2.
The ORGANIZER reserves the right to modify events in any respect.
Minor and reasonable changes to an event — for example, minor changes to its time or duration, relocation to a nearby venue, changes to the composition of an ensemble, individual changes to the line-up, or comparable change — do not entitle the CUSTOMER to a refund.
3.3.
Outdoor events may take place in any weather. The visitor is – in compliance with the House Rules (e.g., prohibition of umbrellas) – personally responsible for weather-appropriate clothing (including rain protection).
§ 4 House Rules
4.1.
The ORGANIZER’s House Rules apply to all events.
4.2.
Additionally, the following applies to events:
– Minors are only admitted to events of the ORGANIZER when accompanied by a supervisor, unless otherwise specified for a particular event.
– If an Admission Ticket assigns a specific seat to the visitor, the visitor is not entitled to occupy a different seat.
– Visitors are not permitted to make video, photographic or audio recordings during the event. In the event of non-compliance, the recordings must be deleted.
4.3.
Security checks and instructions from the ORGANIZER’s staff (especially admission staff, security staff) must be followed.
4.4.
The ORGANIZER is entitled to refuse admission to the event and/or remove persons from the event (without refund claim by the CUSTOMER) in case of violation of the House Rules, in particular improper disruption of the event, or other contractual obligations.
§ 5 Liability
5.1.
The ORGANIZER’s liability is limited to claims for damages by the CUSTOMER arising from:
– death, personal injury or damage to health; or
– other loss or damage caused by an intentional or grossly negligent breach of duty, or by a slightly negligent breach of an essential contractual obligation by the ORGANIZER.
5.2.
Visitors are responsible for being aware of their state of health and any potential risks. In particular, before attending an event, visitors are responsible for assessing whether they may be susceptible to health problems associated with the event.
Visitors acknowledge in particular that:
– at events, particularly concerts, high sound levels may cause hearing damage or other harm to health;
– lighting equipment and visual effects may be used at events and may pose health risks to some people, including strobe effects, rapid changes in lighting, flickering lights and intense beams of light. Such effects may trigger adverse reactions in people with epilepsy, photosensitivity or other light-sensitive medical conditions;
[any additional event-specific hazard warnings, without prejudice to any further safety and information obligations applicable at the event itself]
Visitors accept these risks and are responsible for taking appropriate measures to avoid them, including using hearing protection or sunglasses, or refraining from attending the event where necessary.
5.3.
The ORGANIZER does not guarantee any particular quality standard for entertainment programms or artistic performances, including the performance of an artist or the staging of a production by a director. Announcements concerning ensemble casts, line-ups and similar matters are non-binding in all cases; see Clause 3.2 above.
5.4.
The ORGANIZER’s liability for the loss, theft of or damage to valuables is limited to cases of gross negligence or willful misconduct. Otherwise, valuables are brought to the event at the visitor’s own risk.
5.5.
If the CUSTOMER is an entrepreneur, the following applies:
I The ORGANIZER’s liability is generally limited to cases of gross negligence or willful misconduct. Section 1298 ABGB concerning the reversal of the burden of proof does not apply. The ORGANIZER is not liable for indirect loss or damage, loss of profit, loss of interest, consequential or financial loss, or loss or damage arising from third-party claims.
II The ORGANIZER maintains liability insurance. The ORGANIZER’s liability is limited to the insurance coverage available in the individual case.
III All claims against the ORGANIZER, including claims for damages, become time-barred one year after the CUSTOMER becomes aware of the circumstances giving rise to liability or, in the case of a claim for damages, of the loss or damage and the person responsible.
§ 6 Choice of Law and Jurisdiction
6.1.
The contract is governed exclusively by Austrian law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection law provides otherwise. This is without prejudice to Section 13a KSchG and Article 6(2) of the Rome I Regulation, under which consumers remain entitled to the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence.
6.2.
If the CUSTOMER is an entrepreneur, the District Court of Mödling shall have exclusive jurisdiction to the extent that it has subject-matter jurisdiction based on the amount in dispute; otherwise, exclusive jurisdiction shall lie with the Regional Court of Wiener Neustadt, both in Austria. Nevertheless, the ORGANIZER reserves the right to bring claims against the CUSTOMER before any other court having jurisdiction.
The General Terms and Conditions for spiritissima-shop.com are available here.