Terms and conditions

Terms and conditions for the sale of tickets for the New Year’s Eve Gala 2022 in the “Wiener Rathaus” (Vienna City Hall)

§1 Organizer: ”Highpoints Communications GmbH“ (”we“) organizes in collaboration with the ”Wiener Rathauskeller“ the New Year’s Eve Gala 2021 in the city hall of Vienna. Regarding this it exclusively sells the tickets for this event. These terms and conditions regulate the details of the contractual relationship in connection with the purchase of such tickets by corporations (especially for the purpose of reselling). These terms and conditions do not apply to the sale of tickets to consumers in accordance to the Consumer Protection Act. These terms and conditions apply only in so far as there are no deviating terms agreed between the parties. Deviating (purchase) conditions of the purchaser are not part of the contract as long as they are not accepted explicitly in writing by us.

§2. Offers/contract: Your purchase order will only be considered as an offer for the conclusion of the contract. Our acceptance of your order will only be valid if you receive such acceptance or our invoice in writing (also by email).

§3 Event: The details concerning the content and the provided services of the event ”New Year´s Eve Gala 2022“ as e.g. shown at our website or in hardcopy advertising materials, represent the actual content and provided services in the current state of planning at the time of the preparation of these documents. This state of planning is not binding. Changes or modifications due to operational requirements are permitted and shall not entitle the other party to terminate the contract or to enforce any claims as far as the modifications are not fundamentally changing (especially deteriorating) the character of the event compared to the announcement. We reserve the right to exclude visitors who disrupt the course or the atmosphere of the event by their behavior or their clothing (neat evening dress is mandatory!). In this case there will be no refund of the ticket price. Dogs and other animals are not allowed in the event location. In case of reselling the tickets you have to inform the buyer about these regulations.

§4. Effectiveness of the contract/ payment terms : By sending the written acceptance (see above) to you, your order gets binding and you are obligated to pay the charges for the tickets. Unless otherwise agreed, our invoices are due for payment immediately upon entry. After receipt of payment you will receive a booking conformation, which entitles you to issue the relevant vouchers to your end-customers. Using this voucher, the end-customer can pick up his real ticket at the evening box office. If the email acceptance takes place before the payment is received due to specific provisions, we shall – in case of non (full) payment of the agreed ticket price – be entitled to annul the vouchers issued by you and to refuse persons, which show this kind of voucher at the entrance, the access to the event.

§5. Purchased tickets can be cancelled on the following terms:

Until 15.11.2022: without any costs

Until 01.12.2022: 50% cancellation charges

From 01.12.2022: a cancellation is not possible, the entire ticket charges are to be paid.

The cancellation of purchased tickets within the above-mentioned time periods has in any case to be made in writing. The day we receive such cancellation will be relevant for the decision whether the deadlines mentioned above have been met. In case of a proper cancellation we will refund to you the redemption amount within 14 days (analogue to your means of payment). If the event itself has to be cancelled for reasons beyond our and your control, the refund of the purchase price will be made within one month after cancellation. Any further claims on your side shall be excluded.

§6. Liability: We are liable under statutory law for personal damage caused by us as well as for property damages in the event of any intentional or grossly negligent behaviour on our part or by persons attributable to us. Our liability does not include damages that have been caused only in a slightly negligent way as well as consequential damages and loss of profit.

§7 Payment: In the case of credit-card-payments, the conditions stated in the booking form are accepted. Payment by transfer order is considered as effected when the credit entry is actually booked to our account.

§8. Data Protection: Personal data provided by you within the purchase process will be stored and electronically processed by us in order to fulfill our contractual obligations. The Data will be processed according to the Data Protection Act and the GDPR.

§9 Force Majeure/Pandemic

We shall not be liable for any failure to perform our obligations under this Agreement for reasons beyond our control, including but not limited to: Natural disasters, such as earthquake, flood, epidemic, accident, strike, civil disturbance, embargo, war, terrorist attack, airline or travel service disruption, government action, and any other similar event that interrupts or makes impossible the expected course of events and prevents participants from fulfilling their obligations.

All of our contractual commitments are subject to any factual or legal restrictions related to the COVID-19 pandemic or any similar events. We are therefore entitled to cancel the event and/or cancel booked tickets in the event of legal or official prohibitions or restrictions (in particular restrictions on the number of participants).

We are entitled, within the framework of the official regulations or recommendations in force on the day of the event, to make participation in the event or entry to the event location dependent on the presentation of suitable proof of the absence of infections (such as a negative Corona test, proof of vaccination, “green passport”, etc.), but will inform you of this as soon as possible. If such proof is not provided, no refund of the ticket price will be made.

We are also entitled to cancel the event for other important reasons, but will inform you immediately in such a case. An important reason in the sense of this provision is in particular if, due to legal or factual (travel) restrictions as a result of the pandemic, it can be assumed that the number of participants in the event will be so low that a cancellation is necessary for economic reasons.

If the event is cancelled in accordance with the above provisions, or if tickets that have already been booked are cancelled, we will refund the ticket price that has already been paid. Any further liability on our part does not exist.

§10 Place of contractual fulfillment/place of jurisdiction/Governing Law: The contract shall be governed by Austrian law, excluding its international reference provisions. The place of contractual fulfillment is Vienna. The exclusive court of jurisdiction is the competent court of Vienna, Inner City.

Hosted by Wiener Rathauskeller · Organized by Highpoints Communications GmbH

Mahlerstraße 5/1/41 · 1010 Vienna · T +43 / 1 / 713 13 33 · F +43 / 1 / 713 13 33 / 30 · office@silvestergala.com · www.silvestergala.com