TERMS & CONDITIONS (T&Cs)

1. Scope of these T&Cs

2. About Ticket Gretchen & subject matter of the contract

3. Information duties

1. Essential characteristics of the Tickets: A Ticket entitles one person to a single admission to an event. 
2. Contracting party under the ticket purchase and event contract: the respective Organiser.
3. Total price/costs: Prices shown include all taxes and charges.
4. Costs of distance communication: the User’s standard tariff (no premium rates).
5. Payment terms: immediate online payment via a payment service provider.
6. Delivery terms for Tickets: as an electronic copy or — in exceptional cases — collection at the (evening) box office.
7. Right of withdrawal: no statutory right of withdrawal.
8. Warranty rights: pursuant to §§ 922 et seq. Austrian Civil Code (ABGB).

4. Conclusion of contract

1. By providing the Marketplace, the Provider invites Users, in the name and for the account of Organisers, to submit an offer to the Organiser to purchase Tickets; this invitation is subject to change and non-binding.
2. Orders (= offers to contract) may be placed by natural persons who, at the time of conclusion, are at least 18 years of age. Minors are represented by their legal guardians.
3. By placing an order, the User submits a binding offer. For orders placed electronically, the Provider may immediately confirm receipt. A confirmation of receipt does not constitute binding acceptance of the order.
4. The Provider may accept the offer (= the User’s order) expressly by transmitting the electronic Ticket in the name and for the account of the Organiser.
5. The purchase contract for the Ticket between the Organiser and the User is concluded upon transmission of the electronic Ticket.
6. The Provider may, on the Organiser’s behalf, reject the order or limit it to a customary quantity.

5. Right of withdrawal (cooling-off) / cancellation

6. Ticket terms

1. Tickets are generally non-transferable. Commercial trading in Tickets is not permitted.
2. Tickets once paid for cannot be taken back or exchanged. No replacement can be provided for Tickets not used or only partially used (e.g. by latecomers), or for Tickets lost in any way.
3. If the Ticket is lost by the User, no replacement shall be provided.
4. The Ticket entitles the holder to a single entry to the venue. Upon leaving the venue, the Ticket loses its validity.
5. Admission can only be granted in good time before the start of the event. No replacement can be provided for latecomers. In particular, the Organiser’s admission conditions apply. 
6. Every User must behave at events so that no one is endangered, harmed, obstructed or harassed. The Organiser may refuse entry to Users who are severely impaired by alcohol or drugs.
7. The User must follow the instructions of venue staff. If the User resists such instructions, they may be excluded from the event — without any right to a ticket refund.
8. Audio and video recordings are not permitted at the event. Smoking and the bringing or consumption of food and drinks are likewise prohibited.
9. Users are advised to keep valuables with them and protect them against theft.
10. If the Organiser is responsible for the complete cancellation of an event, they shall, at their discretion, offer an alternative date or refund the ticket price.
11. The Organiser reserves the right to make minor or objectively justified changes to cast, programme and dates.
12. In addition, the seating or house rules displayed at the respective venue apply.
13. Conducting surveys or prize draws, distributing products or promotional items, or carrying out promotional activities at an event is expressly prohibited for Users.
14. By attending the event, the User consents to the publication of photographs of the event that may depict them as a visitor.

7. Payment terms

1. Unless otherwise agreed, the User is obliged to pay the agreed fee immediately, but no later than within 14 days.
2. As soon as and for as long as the User is in qualified default (§ 13 KSchG) with one or more payments, the Provider may suspend further deliveries until payment; the User’s payment obligation remains unaffected.
3. Blocking/cancellation in the event of non-payment: In the event of late or incomplete payment, the Provider and the Organiser reserve the right to block the User’s access to the Marketplace or to cancel Tickets.
4. Statutory default interest applies. In the event of default, the Provider/Organiser may charge a maximum of € 15.00 per reminder of its own and/or hand the matter to a debt collection agency/solicitor for further pursuit. The appropriate costs of such external pursuit are also to be borne by the User.
5. If the User is granted payment by instalments or part payments, loss of the benefit of time is deemed agreed. In the event of default, after written reminder with a grace period, the Provider/Organiser may declare all outstanding amounts due.

8. Retention of title

9. Warranty / liability

1. The Provider warrants, in accordance with §§ 922 et seq. ABGB, for its services in making content available for retrieval, but not for the ticket purchase contract and event contract with the Organiser.
2. No warranty obligation exists for gratuitous services of the Provider.
3. The liability of the Provider/Organiser and of their officers, employees, contractors or other vicarious agents (“Representatives”) is limited in principle to intent or gross negligence; liability for slight negligence is excluded. This exclusion does not apply to personal injury or damage to items that the Provider/Organiser has taken over for processing. Where liability is excluded or limited, this also applies to the personal liability of their Representatives.
4. The Provider renders all services subject to the existing technical, economic, operational and organisational possibilities. The Provider therefore does not warrant for any interruptions, malfunctions, delays, deletions, mis-transmissions or storage failures in connection with the use of services or communication with the User.
5. The User acknowledges that the services offered by the Provider are delivered with the involvement of third-party network operators. The availability of the services therefore depends on the technical provision of third-party network services. The Provider assumes no obligation to keep services available online without interruption at all times.
6. Due to force majeure, strikes, lockouts and official orders, as well as technical modifications to the Provider’s systems or maintenance work, short-term restrictions of the services may occur.
7. The User uses the services at their own risk and cost and is obliged to use only suitable technical equipment. The User is further obliged to use the services only in compliance with statutory provisions and to refrain from any misuse.

10. Links

11. Cookies

12. Data protection

13. Uploaded content

1. Content uploaded by the User (e.g. comments, images, video) is available to all Users. The Provider cannot exercise immediate control over such content; it therefore accepts no responsibility for the content, accuracy or form of that content. The User is solely responsible for their content.
2. The User grants the Provider a transferable, non-exclusive right to use and exploit the uploaded content, unrestricted in time, subject matter and territory (including the right to quote and reference). The Provider is not obliged to keep content available. The Provider may reject content, publish it elsewhere, shorten or delete it at any time.
3. The User warrants to the Provider that they will not upload any content the provision, publication or use of which infringes applicable law or third-party rights. In particular, racist, pornographic, inhuman, insulting or immoral content is prohibited. The User warrants in particular that no third-party rights (especially copyright) are infringed by the uploaded content.
4. The User undertakes to indemnify and hold harmless the Provider and its Representatives against all justified claims arising from unlawful content and to fully compensate for resulting losses; this includes the costs of necessary and appropriate legal defence.
5. If a third party alleges that their rights have been infringed by content, the Provider is entitled to disclose the stored contact data of the User.

14. Prize draws

1. Participation is open to natural persons (any regional restrictions will be stated separately). 
2. Employees of the Provider, affiliated companies and companies cooperating in the prize draw are not eligible to participate.
3. The Provider reserves the right to exclude participants who improperly influence the draw or attempt to do so.
4. Winners will be determined after the prize draw ends and notified by email or post.
5. A cash alternative to the prize and legal recourse are excluded; any personal taxes, charges, fees and consequential costs are borne by the winner.
6. In the event of a win, participants consent to publication of their name and, where applicable, their photograph.

15. Final provisions

1. For all disputes arising in connection with the contract, including pre-contractual and post-contractual effects, the exclusive jurisdiction of the court with subject-matter competence for 1010 Vienna is agreed. Place of performance is 1010 Vienna.
2. If the User is a consumer within the meaning of the KSchG, the place of jurisdiction for actions by the Provider against the User is agreed only if, at the time of conclusion of the contract, the User has their residence or habitual domicile in Vienna or is employed in Vienna.
3. In any case, the parties agree a place of jurisdiction in Austria.
4. Austrian substantive law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
5. Should individual provisions of this contract be wholly or partly invalid, or should the contract contain a gap, the validity of the remaining provisions shall not be affected.
6. Amendments and supplements to the contract must be in writing. This also applies to any waiver of the written form requirement. Transmission by email or fax satisfies the written form; this also applies to clicking an appropriate button.
7. Where designations relating to natural persons are used in the masculine form only, they refer equally to women and men. When applying such designations to specific persons, the gender-specific form should be used.