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General Terms and Conditions of CTS Eventim Austria GmbH (Internet)

CTS Eventim Austria GmbH with its registered office at Mariahilferstr. 41-43, A-1060 Wien, Austria is not the operator of the events we offer (cultural, sporting and other social events). The organization of an event and the issuing of tickets are dealt with by the event's respective operator. As far as services associated with visiting the event are concerned, only the operator is liable, i.e. responsible to the ticket holder (customer). The resulting contractual relationship concluded between the holder (customer) and the operator may be subject to the operator's own general terms and conditions. For events in Austria, CTS Eventim Austria GmbH is only the ticket provider. For events abroad, including the Czech Republic, CTS Eventim Austria GmbH is only the ticket agent, with the exception of individual cases where CTS Eventim Austria GmbH itself is explicitly identified as event operator. Upon ordering tickets, the customer commissions CTS Eventim Austria GmbH to handle the purchase and shipping of his/her tickets. Regarding the ticket purchase, the customer enters a contractual relationship with CTS Eventim Austria GmbH.

Overview

  • Area of application
  • Creation and use of customer account, Conclusion of contract
  • Cancellation
  • Price components & methods of payment
  • Right of withdrawal
  • Retention of title; set-off; right of retention when purchasing on invoice
  • Shipping, use
  • Cancellation of events, changes, refunds
  • Additional terms for fan merchandise
  • Vouchers
  • Limitation of liability, exclusion of withdrawal in case of certain breaches of duty
  • Final clauses

    • I. Area of application

    Only the following terms and conditions apply in relation to CTS Eventim Austria GmbH for all contracts and orders placed regarding supply of tickets and/or fan merchandise (e.g. clothing, image and/or sound media).

    The general terms and conditions of travel apply for all contracts and orders placed regarding the arrangement or execution of trips, given that the CTS Eventim Austria GmbH sells them in its own name and on its own account, as evidenced by the respective ticket. The respective tour operator's general terms and conditions also apply and can be found in the references included in the respective offer.

    The use of personal data is regulated by the data privacy statement. The data privacy statement is an integral and binding part of the General Terms and Conditions at hand.

    II. Creation and use of customer account, Conclusion of contract

    Creation and use of the customer account

    Customers have the option of registering for a customer account. In their customer account, under the section “My EVENTIM” and independent from any ticket purchases, customers can manage their newsletter subscriptions for various genres and ticket alerts for their favourite artists, register for the FanBonus, change their personal data or view orders they have placed, if any.

    By sending the corresponding confirmation email after completing the registration, a user agreement regarding the customer account is concluded between the customer and CTS Eventim Austria GmbH.

    The customer must keep safe the login data provided during registration, in particular the password. The password may not be disclosed to third parties. Should the customer become aware of the misuse of their access data, they must inform CTS Eventim Austria GmbH immediately.

    CTS Eventim Austria GmbH provides the respective customer account free of charge and use is voluntary.

    Information regarding the processing of personal data relating to the customer account can be found in the Data Protection Information.

    The customer may terminate the user agreement without notice and with immediate effect by notifying CTS Eventim Austria GmbH Customer Service. As a result, the customer will no longer have access to the data stored in the customer account. CTS Eventim Austria GmbH recommends not to terminate the user agreement if the customer still needs the customer account for existing contracts or claims. If the customer nevertheless terminates the user agreement, CTS Eventim Austria GmbH will make reasonable efforts to inform the customer of the consequences. In the event of termination by the customer, CTS Eventim Austria GmbH reserves the right to keep the customer account active until all claims between the customer and CTS Eventim Austria GmbH have been fully settled. However, CTS Eventim Austria GmbH shall not be held liable if the customer due to their termination is unable to use services already paid by customer. The User Agreement shall also terminate if CTS Eventim Austria GmbH is dissolved without legal successor.

    CTS Eventim Austria GmbH reserves the right to temporarily suspend the customer account services, particularly if the account in question is misused for fraudulent or other illegal purposes or by unauthorised third parties. In the event that the customer account is misused, CTS Eventim Austria GmbH also has the right to terminate the user agreement with a notice period of five calendar days.

    The right of termination for good cause remains unaffected.

    Conclusion of Contract

    The offer of entering into a contract is made by the customer as soon as he clicks the "Order and pay" button. The contract between the customer and the respective contract partner (operator, licensed salesperson, or CTS Eventim Austria GmbH) is only concluded when CTS Eventim Austria GmbH (ticketing company) sends the customer an acceptance of the customer’s offer and/or by sending a confirmation of the payment receipt.

    No responsibility is taken for the correctness of the data on CTS Eventim Austria GmbH's web presence.

    III. Cancellation

    CTS Eventim Austria GmbH reserves the right to cancel a customer's order, which has been accepted by CTS Eventim Austria GmbH and for which a transaction number has already been issued (unilateral right of cancellation), and to terminate the respective contractual relationship, if the customer violates specific conditions set by the operator or by CTS Eventim Austria GmbH, to which reference was made in the context of advance sales, or if the customer attempts to circumvent these specific conditions (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, especially violation of a ban on reselling, attempt to circumvent these conditions by means of registering and using several user profiles, etc.) Cancellation/withdrawal may also be declared by means of crediting the amounts paid. According to Section 1837(j) of Act No. 89/2012 Sb., Civil Code, as amended (“Civil Code”), customers do not have a right of withdrawal (i.e. you cannot use the option to withdraw from the contract within 14 days without giving a reason, which is otherwise generally available for other online purchases).

    A right of withdrawal for consumers exists exclusively in accordance with paragraph IX "Additional Terms for Fan Merchandise".

    IV. Price components and methods of payment

    Ticket prices may exceed prices printed on the tickets. Customers are always informed about the final price before sending the offer of entering into a contract. Payments may be made by payment card via respective online payment gateway. The legal VAT is included in the price. The total price for the order including all fees is due for payment immediately upon conclusion of the contract. For VISA and MasterCard payment cards, payments are processed by the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75A, 28195 Bremen, Germany. Tickets only become valid upon completion of payment.

    Unless otherwise agreed, the price for the products (Fan Merchandise) listed on the website applies. The legal VAT is included in the price. For VISA and MasterCard payment cards, payments are processed by the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75A, 28195 Bremen, Germany. Payment methods are listed on the website. The customer's obligation to pay the purchase price of the product is fulfilled in the case of a non-cash payment when the relevant amount is credited to the bank account of CTS Eventim Austria GmbH. Some payment methods may also incur additional fees. These fees are listed on the website. The final purchase price will always be stated in the order, which already includes the fees related to the chosen payment method.

    The customer acknowledges that service and shipping costs may be incurred and these may vary depending on the specific event and/or the product. The service fee for a ticket is displayed in the customer's shopping cart. Apart from the fees displayed in the shopping cart, there are no further costs. If customers select gift wrapping, the respective costs are displayed in the shopping cart and also billed to the customer's account.

    Title to the tickets and products purchased passes to the customer, subject to full payment of the purchase price for the tickets and/or products.

    V. Right of withdrawal

    When it comes to the following contracts, customers do not have a right of withdrawal, or their right of withdrawal may expire prematurely:

    Customer is not entitled to withdraw from a contract for accommodation, transport, catering or leisure activities where the entrepreneur provides the performances at a specific date [Section 1837(j) of the Civil Code]. That is to say if CTS Eventim Austria GmbH offers services in the area of leisure activities, especially tickets for events, there is no right of withdrawal. Any order of tickets is therefore binding as soon as CTS Eventim Austria GmbH has confirmed (accepted) it according to II. 1 of these General Terms and Conditions. This confirmation obligates the customer to accept and pay for the tickets he/she has ordered.

    Customer is not entitled to withdraw from a contract for the supply of audio or video recordings or computer software whose original seal was unsealed after supply [Section 1837 (h) of the Civil Code].

    A right of withdrawal for consumers exists exclusively in accordance with paragraph IX "Additional Terms for Fan Merchandise".

    VI. Set-off;

    The customer only has a right of set-off if his/her counter-claims have been established in a legally binding way, or are undisputed or acknowledged by CTS Eventim Austria GmbH. Furthermore, the customer only has a right of set-off if and to the extent that his counter-claims are based on the same contractual relationship. CTS Eventim Austria GmbH has a similar right of set-off its claims against customers that are in the position of a consumer upon same conditions stipulated herein for customers. However, CTS Eventim GmbH is entitled to set-off its claims against customers that are not in the position of a consumer without any restrictions mentioned in this paragraph herein.

    VII. Shipping, use

    Tickets are sent by non-registered mail, unless the customer explicitly chooses a different shipping method when ordering. We advise you to be especially cautious when ordering Mobile Tickets in order to prevent data loss. Tickets must not be misused, copied or changed. When entering the venue, the principle of first entrance applies (the first print@home Ticket or Mobile Ticket to be accepted by means of its non-ambiguous identification is the one that is valid. Later tickets with the same identification are automatically devalued when the first ticket is admitted). Upon using the ticket, the visitor using the ticket also accepts the general terms and conditions of the operator and the rules of the venue.

    Upon delivery of the ticket, the customer is obliged to check its accuracy and completeness. The customer is obliged to notify any complaints regarding the content of the tickets immediately after their delivery by post within 3 working days in writing to CTS Eventim Austria GmbH, attn.: Customer Care, Mariahilferstraße 41-43, A-1060 Vienna or email info@eventim.cz. Later complaints will not be taken into account.

    The delivery method of the products are listed on the website. The delivery time of products always depends on its availability and on the customer's chosen method of transport and payment. Unless otherwise stated on the website, delivery of the products is by courier services either to a specific address or by picking up the products at a pre-determined location.

    VIII. Cancellation of events, changes, refunds

    For events in Austria, CTS Eventim Austria GmbH is only the ticket provider. For events abroad, including the Czech Republic, CTS Eventim Austria GmbH is only the ticket agent. In case of cancellation or if the event does not take place, CTS Eventim Austria GmbH is not liable for entrance fee refunds, but will try to arrange them with the operator. The customer is obliged to claim directly against the organizer of the event. In the event of a refund, only the ticket price will be reimbursed. Applicable service fees and shipping charges charged in excess of the entrance fee in accordance with these General Terms and Conditions cannot be refunded. Unless the terms and conditions of the respective operator or venue follow a different policy, tickets can be returned for refund up until two (2) months after the scheduled event date. Return the tickets the way you received them (in case of an online order by means of sending the original tickets by registered mail to CTS Eventim Austria GmbH, attn.: Customer Care, Mariahilferstraße 41-43, A-1060 Vienna. Please specify your name, IBAN, BIC and bank institution for a refund via bank transfer.)

    If the respective operator commissions CTS Eventim Austria GmbH to refund the entrance fees and the respective amount is available to CTS Eventim Austria GmbH, Mobile Ticket and print@home Ticket users will receive the respective amount – if it has already been paid – without further request in the same way they purchased their Mobile Ticket. The Mobile Ticket is automatically devaluated in the course of this process.

    In the case of cancellation, postponement or any other change of an event, CTS Eventim Austria GmbH reserves the right to inform customers who purchased tickets for this event. Providing this information is a voluntary service of CTS Eventim Austria GmbH and may be received per mail and/or electronically per e-mail or text message, if the respective contact details are available to CTS Eventim Austria GmbH.

    Cast and program of respective event are subject to change, as long as the changes are reasonable, minor and objectively justified. This also applies to changes in stage construction (plans), as long as they were initiated or required by the promoter or artists. In case of a cancellation, postponement or change, additional expenses (e.g. travel to the venue, hotel) will not be refunded. Customers can inquire about a specific event by emailing to: info@eventim.cz.

    IX. Additional Terms for Fan Merchandise (the paragraphs IX, IX a) and IX b) apply exclusively to sales contracts for Fan Articles, e.g. clothing)

    A sales contract with CTS Eventim Austria GmbH is only concluded when purchasing fan articles that are not purchased from another salesperson, but directly from CTS Eventim Austria GmbH.

    CTS Eventim Austria GmbH reserves the right, not to accept contract offers, if the requested product is unavailable at the time of such offer. In this case CTS Eventim Austria GmbH will inform the customer and will not charge any payments or will reimburse made payments.

    Right to withdraw, specimen cancellation form

    For contracts relating to products (not ticket purchases) concluded with consumers the following applies:

    Information on the right of withdrawal
    Right to withdraw

    The customer has the right to withdraw from the contract concluded on the basis of the online order process without giving any reason within 14 days. The time limit according to the first sentence runs from the date:
    -Acceptance of the product, if the subject of the contract is a single delivery of the whole product; or
    -The receipt of the last delivery of the product if the contract is for the delivery of several types of products delivered in parts.

    The 14-days withdrawal period begins on the day on which the goods are received by customer, or by a third person named by a customer, other than the carrier.

    In order to exercise the customer’s right to withdraw, the customer must notify CTS Eventim Austria GmbH at address or via email:
    CTS Eventim Austria GmbH, Customer Care, Mariahilferstraße 41-43, 1060 Vienna, +43 (0) 196069 305, Fax: +43 (0) 1 589 54 99 232, E-Mail: widerruf@oeticket.com,
    of costumer´s r decision to withdraw from the contract by sending CTS Eventim Austria GmbH a clear written statement to that effect (e.g. in a postal letter, telefax message or E-Mail). The customer may use the specimen withdrawal form attached hereto, but are under no obligation to do so.

    The withdrawal period ends 14 days after the day following the date of acceptance of the product.

    To keep within the withdrawal period, it is sufficient if the customer send a notification of exercising customer´s right to withdraw before the withdrawal period ends.

    Consequences of withdrawal

    If the customer withdraw from this contract, CTS Eventim Austria GmbH has to immediately refund to the customer any payments CTS Eventim Austria GmbH has received from the customer, including delivery charges (except for the additional costs resulting from the customer´s choosing a different form of delivery than the standard, most favorable form offered by CTS Eventim Austria GmbH), by no later than fourteen days after the day on which CTS Eventim Austria GmbH receive notification of the customer´s withdrawal from this contract. To make the refund, CTS Eventim Austria GmbHuse the same means of payment as the customer used for the original transaction, unless explicitly agreed otherwise with the customer; the customer will not be charged anything for the refund. CTS Eventim Austria GmbH may refuse to pay the refund until the goods have been returned to CTS Eventim Austria GmbH on the address above or until the customer have provided proof that the customer sent the goods back, whichever is the earlier.

    In the event of withdrawal from the contract, the customer is obliged to send back to CTS Eventim Austria GmbH the product received from CTS Eventim Austria GmbH on the basis of the contract from which the customer has withdrawn, at the latest within 14 days of withdrawal from the contract. The goods shall be returned to the address which was disclosed before contract conclusion.

    In the event of withdrawal from the contract, the customer is liable to CTS Eventim Austria GmbH for any depreciation in the value of the returned or returned product that has occurred as a result of handling the product in a manner other than that which is necessary to become familiar with the nature and characteristics of the product.

    Sample form for withdrawal from a contract concluded by distance or off-premises method according to Government Regulation No. 29/2023 Coll:
    Specimen withdrawal form
    (If you wish to withdraw from the contract, please fill out this form and return it to us.)
    • Address: CTS Eventim Austria GmbH, Customer Care, Mariahilferstraße 41-43, 1060 Vienna, email: widerruf@oeticket.com (the address which was disclosed before contract conclusion)
    • I/We (*) hereby withdraw from the contract that I/We (*) concluded to purchase the following goods (*)/the following service (*)
    • Ordered on (*)/received on (*)
    • Name of the consumer(s)
    • Address of the consumer(s)
    • Signature of the consumer(s) (only if notification is on paper)
    • Date
    (*) Please delete as applicable.

    To download the specimen withdrawal form as pdf file, please click here.

    End of information on the right to withdraw and specimen withdrawal form

    The following shall apply in the event of withdrawal by the customer:
    CTS Eventim Austria GmbH may refuse to pay the refund until the goods have been returned to CTS Eventim Austria GmbH or until the customer has furnished proof that the goods have been sent back, whichever is the earlier date.

    IX a). Retention of title

    If the customer is a consumer, CTS Eventim Austria GmbH shall retain legal ownership of the purchased item until the invoice amount has been paid in full.

    If the customer is a businessperson engaged in commercial or self-employed activity, or a legal entity under public law, or a public-law corporation, CTS Eventim Austria GmbH retains legal ownership of the purchased item until all outstanding debts in the business relationship with the customer have been settled.

    IX b). Warranty

    For the sale of fan merchandise by CTS Eventim Austria GmbH as seller the following additional terms apply:
    1. In the case of products - fan articles (goods such as clothing or image and sound carriers), CTS Eventim Austria GmbH provides a warranty in accordance with the statutory provisions. For customers who are not consumers, CTS Eventim Austria GmbH is entitled to limit the warranty to the assignment of its own warranty claims against manufacturers or suppliers.
    2. Warranty for the suitability of products - fan articles for a specific purpose intended by the customer, which is not contractually agreed or objectively assumed, is not given. In the case of clothing items, there is also no warranty for any slight color deviations from the illustrations in the web shop that may occur, which are due to technical reasons, such do not constitute a defect. The receipt by CTS Eventim Austria GmbH or third parties of the products - fan articles returned by the customer as part of the assertion of warranty claims does not constitute an acknowledgment of a warranty claim.

    The customer shall check the products - fan articles for defects upon receipt. The check shall be carried out as it would have been possible for the customer in a retail shop. If the inspection goes beyond this and the product - fan item or its packaging is damaged as a result and/or the use of the product - fan item by the customer, or the value of the product - fan item is reduced due to other circumstances for which the customer alone is responsible, warranty rights are excluded in this respect. This also applies to shrink-wrapped and/or sealed data carriers (e.g. CDs, DVDs) if the seal or shrink-wrapping film has been removed by the customer.

    X. Vouchers

    Vouchers can only be spent with the voucher partners listed on gutschein.oeticket.com and for the services specified. The voucher is not a ticket and does not entitle its holder to enter the event. Please find a detailed description of the respective services on our website: gutschein.oeticket.com. Vouchers are valid for concrete services within 12 months ("validity period") after the date of issue (date the voucher was purchased), unless a different date is specified on the voucher. The validity period is defined by the date printed on the voucher. The terms and conditions of the voucher partner apply as well as the terms and conditions stated on this voucher. Contact the voucher partner to request their terms and conditions. If an appointment is bindingly agreed upon and the holder of the voucher fails to appear, the voucher expires without substitution. The voucher cannot be replaced in case of loss, theft or invalidation. The voucher cannot be returned or exchanged. Commercial resales are prohibited.

    CTS Eventim Austria GmbH is only the provider for service vouchers and only the agent for value vouchers. In case of cancellation or if the event does not take place, CTS Eventim Austria GmbH is not liable for refunds. However, CTS Eventim Austria GmbH will seek to initiate refunds with the voucher partner. In case of cancellation, postponement or changes, expenses (e.g. travel expenses, hotel) will not be refunded. The customer is obliged to claim directly against the organizer of the event.

    XI. Limitation of liability, exclusion of withdrawal in case of certain breaches of duty

    Only the Organiser, not CTS Eventim Austria GmbH, is the organiser and the person responsible for the execution and content of the individual events.

    CTS Eventim Austria GmbH is unrestrictedly liable in all cases in accordance with the Civil Codet for damages caused intentionally or through gross negligence, and for damages resulting from injury to life, health, and physical injury.

    In the case of a material breach of significant contractual obligations (so-called cardinal obligations) that are only based on negligence, CTS Eventim Austria GmbH shall be liable limited to compensation for foreseeable losses typical for this type of contract, if such foreseeable losses were incurred by customers in the position of a consumer. Apart from the cases stated in paragraphs 1 and 2 of this section of this general terms and conditions, CTS Eventim Austria GmbH shall not be liable for losses caused by negligence, if such losses were caused to customers in the position of a consumer.

    CTS Eventim Austria GmbH shall be liable for losses caused to customers in the position of a consumer in the scope stipulated in the Civil Code.

    Customer that is not in the position of a consumer acknowledges that its right to free himself/herself from the contract (to terminate such contract) due to a breach of obligation for which the promoter or CTS Eventim Austria GmbH is not responsible and in which the goods are not damaged is ruled out.

    If the liability of CTS Eventim Austria GmbH is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.

    XII. Force Majeure

    CTS Eventim Austria GmbH shall be entitled to suspend the performance of its obligations under the contract for a period of force majeure (i.e. a period of time during which circumstances precluding liability by law or according to these Terms and Conditions persist, in particular in cases such as: strike, epidemic, fire, natural disaster, mobilization, war, insurrection, embargo, transfer ban, administrative restrictions not caused by the contracting party (e.g. Force Majeure (e.g., revocation of a license or attestation), terrorist attack, etc.) Force Majeure excludes the right to claim any sanctions against CTS Eventim Austria GmbH affected by Force Majeure. In the event of force majeure lasting for more than 60 days, CTS Eventim Austria GmbH and the customer shall be entitled to withdraw from the contract.

    XIII. Final Clauses

    The same general terms and conditions apply for the subsidiaries Ö-Ticket Südost (Wr. Neustadt), Ö-Ticket Nordost (Tulln), ÖTS (Stainz) and Ö-Ticket Nord West, as well as for the license holders of CTS Eventim Austria GmbH sales software, as far as sales via the CTS Eventim Austria GmbH system are concerned. The general terms and conditions of CTS Eventim Austria GmbH's partner companies and subsidiaries abroad are available on their respective websites (see Eventim International). All disputes or claims arising from or in connection with these general terms are subject to the Czech law, , in particular Act No. 89/2012 Coll., the Civil Code, as amended, excluding the rules of private international law and the UN Sales Convention. For business customers, the place of jurisdiction is the responsible court in Vienna. For private customers (consumers), the place of jurisdiction is the responsible local court according to applicable laws.

    The customer in a position of a consumer may exercise his/her rights here through a European Online Dispute Resolution platform as well at http://ec.europa.eu/consumers/odr. Our email address is info@eventim.cz.

    The customer in a position of a consumer is also entitled to file a proposal for an alternative dispute settlement of any disputes arising from the respective contractual relationship to a Czech entity designated for such alternative dispute resolution of consumer disputes, which is Czech Trade Inspection Authority at the following address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štepánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, www.adr.coi.cz. The Czech Trade Inspection Authority is a supervisory authority exercising supervision over consumer protection, acting in accordance with Act No 64/1986 Coll., on the Czech Trade Inspection Authority, as amended, and other legal regulations. The website of the Czech Trade Inspection Authority is http://adr.coi.cz.

    These General Terms and Conditions of CTS Eventim Austria GmbH are valid as from 09.10.2023 and they are available on the website.

    Version: 12.10.2023