of Barracuda Music GmbH, Alser Straße 24/13, 1090 Vienna (the " Organizer ")
1. By purchasing a ticket, the customer submits to the house rules, the information, prohibitions and safety instructions of the Organizer and the venue stated on the ticket as well as these terms and conditions. The admission regulations of the respective house rules also always apply. General terms and conditions of third parties shall not apply.
2. Every ticket order is binding and commits to
Accept
Accept
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and pay for the ordered tickets.
Pursuant
to Section 18
para
1
number
10
of the Austrian Distance Selling Act (
Fern- und Auswärtsgeschäfte-Gesetz
FAGG
) a right of withdrawal does not apply to
services provided in connection with leisure activities
. Therefore, customers do not have a
right of withdrawal.
3.
The
purchase
process on the online platform is divided into several steps (selection of the
ticket, completion
of the
customers personal
data such as name and
email
address, confirmation
email
). The
customer
can correct input errors at any time and at the latest before the binding
Dispatch
Dispatch
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of the order by
returning
to the previous website
by clicking the "back" button. There the entered data
can be corrected. The buyer can cancel the
purchase
process at any time by closing the
web
browser. After placing the order, the buyer will receive an order confirmation
by
e-mail. This confirms
the receipt of
the buyer's order and serves as
an
invoice
for the purchase.
It contains all information about the order (including the ticket ordered, price). All prices are
stated
in
Euro
and include
VAT
and fees (unless
expressly
stated otherwise
)
but
exclude
any shipping costs.
4. The Organizer (or venue operator) reserves the right to make any changes to the line-up , program and dates of the event at any time, to the extent such changes are reasonable, minor and objectively justified . Date changes due to COVID-19 (or other cases of force majeure) are considered reasonable, minor and objectively justified in any case if the new event date is no more than 18 months after the original event date. Tickets for postponed events remain valid in these cases and can be used for the new event date; in this case , no new tickets will be issued.
5. The customer shall not be entitled to a refund in case of such changes. Customers shall not have any claims against the Organizer, if one or more bands or artists are cancelled or only parts of the venue can be used (e.g. due to Force Majeure). In the event of a cancellation, postponement or change in program or cast (for example as a result of force majeure), which have not been caused by the Organizers (or venue operators) fault, or which is caused by the artist(s ), customers shall not be entitled to any reimbursements of expenses of any kind (such as hotel, travel costs, shipping costs, processing fees , etc.). The Organizer will inform about cancellations, postponements, significant changes or repetitions of cancelled events via e-mail or online (e.g. on the website of the Organizer and / or the ticketing company and / or the venue operator ).
6. "Force Majeure " within the meaning of these terms and conditions is any extraordinary event that is beyond the reasonable control of the Organizer , that has a direct impact on the event and makes the event impossible, impracticable or unsafe. This includes in particular, but not exclusively: threats from terrorism or war, public disasters, epidemics or pandemics, laws, regulations, notifications or decisions of a national, international or other competent authority, including national and international travel and / or entry restrictions and other restrictions and / or conditions that are likely to impair the profitability of the event (e.g. regulations on maintaining safety distances or restrictions on the number of visitors allowed). It is stated that the COVID-19 pandemic (or any other pandemic or epidemic) as well as any laws, regulations or notices of a public authority that have been issued in connection with such a pandemic or epidemic are considered to be a case of Force Majeure within the meaning of these terms and conditions regardless of whether this was foreseeable or not.
7. With the exception of a complete cancellation by the Organizer , it is not possible to return tickets (exchange or buy back). All reasonable requirements and measures stipulated by law, officials or the Organizer (including wearing mouth and nose mask or a protective mask, performing health tests or presenting them or presenting a proof of vaccinations) must be met and considered by all visitors without exception. If a visitor does not comply with such a requirement or measure (for whatever reason), the Organizer shall be entitled to deny the visitor access to the event without compensation or to expel the visitor from the event site . In these cases, the customer is neither entitled to return the tickets, nor are they entitled to any other (replacement) claims against the Organizer .
8. In the event of a complete cancellation of an event , the ticket(s) can be returned for refund . Customers will be informed about the procedure of such refund the website of the Organizer, venue operator or venue in due time after the cancellation. In the event of a refund, any fees cannot be refunded , as the corresponding services have already been provided in the course of the contract's execution . The amount of the fees may vary, but usually amounts to approximately 10 percent.
9. Notwithstanding clause 8, the following applies to events that have been cancelled due to the COVID-19 pandemic or other cases of Force Majeure: Customer will be issued a voucher for the amount to be refunded instead of a cash refund of the ticket price . With regard to the value of the voucher to be issued, the provisions of the KuKuSpoSiG apply ( mutatis mutandis ). The customer will also be given the opportunity - regardless of the applicability of any thresholds relating to the issue of vouchers - to have a voucher issued for the entire amount to be refunded .
10. Vouchers are transferrable and can be given to any natural person. The owner of the voucher can use the voucher to pay for another event of the Organizer. More detailed information about the redemption modalities will be displayed on the website of the Organizer .
11.
If an event
is
not completely cancelled in cases of
Force Majeure
, but the maximum permissible capacity of the event is reduced
(e.g. due to regulations on maintaining safety distances or the restrictions on the maximum number of visitors), the
Organizer shall be entitled to
decide at its own discretion which customers are
entitled
to attend an event. For those customers who are not entitled to attend an event as a result of
such
decision, the provisions of points 9 and 10 (voucher) apply. The regulation according to point 13 (payment of compensation)
shall
not apply in these cases.
12.
Each
visitor
agrees
to the use of images
taken during the event (including
photo, film or similar media
) for
the
purpose
of
advertising
future events. In the case of television (FS) and
/
or streaming transmission as well as
photo
, video and sound recordings
by
the
Organizer
or persons commissioned by the
Organizer
, the
participant expressly grants
the transmitting FS
-station as well as to
the
Organizer
the
right to use such
recordings made during or in connection with the event without compensation
and
without time or space restrictions
by means of
any current or future technical
process
.
13.
Overbooking /
Organizer
repurchase right:
If an event is overbooked and the
Organizer
is thus (legally) obliged to
prevent
customers from attending an event, the
Organizer
will
use its reasonable best efforts
to
agree with
customers to voluntarily refrain from attending the event
and
to return their tickets
in return for a certain refund. Furthermore, the Organizer shall be entitled to buy back tickets purchased by the customer
unilaterally at any time (even on the day of the event). The amount of the repurchase price
shall correspond
to the purchase price actually paid by the customer for the tickets plus a
lump sum
compensation payment of 50% of this purchase price.
The
customer
shall
not
be
entitled to any
additional
(reimbursement) claims in connection with the exercise of the
Organizers
right of repurchase. In the event that the maximum permissible capacity of an event has to be reduced due to cases of
Force Majeure
and customers therefore cannot
attend
that event, this
section 13
does not apply;
section
11 of these terms and conditions
shall apply
exclusively.
14. Sound, film, video and photo recordings by visitors are not permitted. In case a visitor fails to comply with such rule (especially when taking photos with a flashlight!) the Organizer shall be entitled to retain the recording device until the end of the event. No umbrellas, bottles or other dangerous objects, etc. may be taken into the event area. The Organizer (or the venue operator) may stipulate further relevant provisions - to be observed by the visitor - in separate house rules or information and / or safety instructions.
15.
Visitors
are not entitled to any compensation in the event of loss of
a ticket
.
Tickets may not be misused, copied or
altered. Validated tickets (i.e. tickets
without ticket
stubs)
are
not valid. Upon
leaving the venue tickets lose their validity.
Misuse
will be
prosecuted
.
Visitors
are responsible for
their own journey
to the
venue
and for arriving on time
.
16.
Tickets may only be used for competitions
/
raffles with the consent of the
Organizer
. The
Organizer
reserves the right to personalize tickets
for events selected by him
(to ensure a social
prize
structure and
/
or for security reasons
or similar). Personalized tickets are generally not transferable; the Organizer will inform the purchaser about any limitations
on the
transferability of personalized tickets before purchasing tickets.
17.
At concerts, there
may be
a risk of
damage to
hearing and health due to the
music
volume
. To the extent legally permissible, the Organizer shall not be liable
for any damage to property or
personal injury.
Open air events
may
take place in
all
weather
conditions. Suitable equipment must be provided by the visitors themselves.
(however, for safety reasons it is forbidden to bring umbrellas).
18. All information on data protection
is available
at
http://barracudamusic.at/datenschutz
.
19.
We are entitled to
amend
these terms and conditions in order to adapt them to the legal and economic framework. Changes to these terms and conditions
will be sent to the
visitor to
the
last known
e-mail address. The
amended
terms and conditions are
deemed to have been
approved
by
the
visitor if he
does not object in writing within one month of delivery. We
undertake to point out
the one-month period in writing when sending the amended terms and conditions
.
20.
This agreement is exclusively governed by
Austrian law
.
The application of the UN
Convention on Contracts for
the
International Sale of Goods, the referral
norms of the IPRG and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of
17
June 2008 on the law applicable to contractual obligations (Rome I Regulation)
shall be
excluded. The exclusive place of jurisdiction for entrepreneurs
shall be
the competent court for
Vienna Inner City
.
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