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Terms and conditions for the sale of tickets for the
New Year’s Eve Gala 2021 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 2021“ 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 15.11.2021:
without any costs
Until 01.12.2021:
50% cancellation charges
From 01.12.2021: 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
