General terms and conditions

General terms and conditions

1. General
These General terms and conditions apply to the sale and delivery of tickets  by the NÖ Festival-Ges.m.b.H.. Differing terms of the buyer (hereafter also “customer“) are only valid if the NÖ-Festival-Ges.m.b.H. has agreed to them in writing beforehand. By placing an order, the buyer agrees to and is bound to the general terms and conditions. These general terms and conditions are also available on the web sites of the NÖ Festival-Ges.m.b.H. (www.donaufestival.at; www.glattundverkehrt.at; www.klangraum.at) and can be downloaded and saved by the customer. Services offered by the NÖ Festival-Ges.m.b.H. concern leisure activities and are effective at a certain point of time or within a clearly defined period of time (leisure services).

2. Advance ticket sale
Ticket orders are processed in the order of their arrival. Ticket orders can be placed in person at the offices of the NÖ Festival-Ges.m.b.H., Minoritenplatz 4, 3500 Krems-Stein, Austria (opening hours during specified advance sale periods can be found on the respective web sites), by phone (+43-(0)2732-908033), online at www.donaufestival.at; www.glattundverkehrt.at and/or www.klangraum.at; by  sending an (e)mail   (see address above) or fax (+43-(0)2732-908031) to the booking offices.

3. Realisation of the contract
The costumer's order is a binding offer, effective with the customer’s providing of all information required by the NÖ Festival-Ges.m.b.H. All customer information provided in connection with the order process will be treated as confidential and will not be passed on to third parties.  Within 14 days of receiving the orders, the Festival-Ges.m.b.H is free to either accept offers on ticket sales or reject them by dispatching an appropriate explanation, especially in the case of a recently occurred rise in price or possible mistaken errors in our sales brochures, price lists and other documents.  The NÖ Festival-Ges.m.b.H. cannot accept liability for any such rises in price or errors.

4. Prices and payment
All price specifications are pre-tax (incl. legal VAT). Expenses caused by the dispatch (postage) are charged seperately. Misprints and individual price changes are reserved. Possible import expenses have to be covered by the customer.
The ticket price is due for payment right after the conclusion of the contract.
Bookings for groups, schools and people who due to the geographic distance are unable to collect their tickets in advance at the box-office and who do not hold a credit card for direct debit by phone constitute an exception in this respect. These groups of people have to place their bookings in writing (email, fax or letter), the exact number of people has to be provided by four weeks before the event. Payment is made by payment form, paying into a bank account or collection at the box-office, in case of which the ticket price must have been received two weeks before the event. In case of the costumer’s failure to confirm and pay, the tickets will be cancelled. Payment at the box office is only possible in exceptional cases. Uncollected tickets placed at the box office will be charged. In order to be entitled to a discount (e.g. Club Ö1, adolescents, children, people performing military or civil service) a valid form of ID has to be presented when purchasing tickets at the box-office or, if tickets have been purchased by phone or email, when collecting the tickets on the night of the event. If no valid form of ID is presented, possible discount claims expire and the full price of the tickets has to be paid. Discounts can only be claimed at the time of the ticket purchase and will not be considered after. Only one discount each can be claimed.

5. Dispatch/ delivery times
The dispatch is carried out on account and at the risk of the buyer. A dispatch charge of EUR 4,00 (recorded delivery) applies. With orders by C.O.D. a charge of EUR 7,00 applies. The customer will verify his tickets right after receiving them and will immediately communicate possible reclamations. In case of a costumer being a contractor, he/she is obligated to, in the case of any other loss, immediately verify the tickets and to provide a notice of defects.

6. Payment Methods
a)    The NÖ Festival-Ges.m.b.H. accepts the following credit cards: Master Card, American Express, Diners Club, Visa, JCB. Payments in cash and by debit card (Maestro) are also possible.  Against an additional charge, the tickets will be posted or, alternatively, can be collected at the box-office.
b)    Payment by C.O.D. on receiving the mail.
c)    Payment by debit card – Maestro SecureCode (ONLY with online ticket service!)

7. Exclusion of the right of return and exchange
The return and exchange of tickets is excluded, except in case of the cancellation of an event. There are no refunds on paid ticket prices. Line-up, programme changes as well as changes in the running order and beginning times are explicitly reserved and do not constitute a reason for the return or exchange of tickets.

8. Cancellation of an event
In the case of the cancellation of an event, the tickets can be returned to the organisers’ box offices or to the respective ticket offices up to two months after the date of the planned event.
In the case of the cancellation, postponement or change of programme, no related expenses whatsoever incurred (e.g. hotel, travel costs etc.) will be covered.

9. Open-air concerts
With concerts exclusively planned as open-air events, i.e. without an alternative form in the case of bad weather, ticket owners will receive the ticket price in the case of a cancellation due to bad weather from the first day after the concert. Refunds can only be given if the event has not lasted up until the break or 50 minutes after the beginning.

10. Conditions of sale and delivery for items purchased from the online-shop

Contractual relationship
Prices given on our price lists and web sites are always binding. We explicitly reserve the right to at any time change statements made therein.  
Customer orders only constitute an offer for the conclusion of a contract. Orders that have been made through our web sites are considered placed on receiving the electonic order information.

Right of withdrawal
Buyers, customers according to the consumer protection law, have the right to withdraw from the purchase of items ordered on the internet within seven working days after receiving the delivery.
It is sufficient to send off a withdrawal notification within the specified period of time. In the case of a withdrawal, a full refund will only be granted against the redelivery of items received by the buyer.  

Prices
Only the prices available on our web site are valid. If not stated otherwise, all specified prices are pre-tax including legal VAT. All possible export and import costs in connection with the delivery will be covered by the buyer.

Delivery
The tickets are dispatched to the address provided by the buyer. We will endeavour to deliver your order as quickly as possible.

Payment
If not agreed otherwise, our payments are immediately due on receipt without any deductions. Payments have to be made into the bank account stated on the payment form. Payments are only considered made after our account has been credited. The assignment of claims against us to third parties is strictly prohibited.

Reservation of proprietary rights
The delivered items remain the property of the NÖ-Festival-Ges.m.b.H. until the total costs have been paid.  

Copyright
The buyer acknowledges that the sound recordings (records, CDs, etc.) distributed by us are copyright protected. Any copying, distribution and use beyond private home use of these products is strictly prohibited.
Warranty and liability
Damaged goods are to be sent back. The NÖ Festival Shop offers its buyers defect-free products. The assigned conditions of the manufacturer of the respective product apply.  

Restrictions of use and manuals
1) Beyond the boundaries of our warranty stated above, our liability, including such for damages, if it is not the result of a deliberate act or an act of gross negligence, is excluded. On the same note, any liabiity for consequential damages, other indirect damages and loss or evaded gains resulting from defected, defaulted or late delivery is  also excluded.
2) Liability for personal injury as well as according to the product liability law is not restricted by the presiding regulation. We are not liable for the content of products distributed by us.

11. Entitlement to services
The customer is only entitled to services after the full amount of the price has been paid. Until then, the ticket remains the property of the NÖ Festival-Ges.m.b.H. The customer is only entitled to services on producing a valid ticket (ticket with stub).

12. House Rules
Every valid ticket authorises one person to attend the specified performance in compliance with the respective house rules. On request by members of staff, the valid ticket must be presented at all times. It is not allowed to occupy a seat other than the one specified on the ticket. In the case of the violation of the house rules, the visitor can be asked to leave the performance without a refund of the ticket price.

13. Late arrivals
In order to facilitate an uninterrupted concert experience for our audience, people who arrive late will only be admitted during concert or applause breaks on instruction by security.

14. Line-up, porgramme changes and/or changes in the running order as well as changes of beginning times
Line-up, porgramme changes and/or changes in the running order as well as changes of beginning times are reserved and do not constitute a reason for the exchange or return of tickets.

15. Intellectual property rights
Without special permit, audio and/or visual recordings before, during and after the performance or exhibition visit are prohibited for copyright reasons.
With TV, film or photo recordings, the visitor explicitly agrees to the usual utilisation of pictures, film and video recordings taken in the context of the performance/exhibition visit without financial gain.

16. Obligatory Supervision
By purchasing a ticket, the visitor, in his role as an accompanying person of a person not fully capable to contract, is not absolved from his/her supervision duty and is liable for any damages caused by the omission of his/her duties.

17. Free protection against harmful exposure to noise
The visitor explicitly acknowledges that the danger of health damages cannot be excluded due to the high volume of the organised concerts.
Therefore, the organiser provides free ear protection against possible health-damaging noise exposure. Consequently, the organiser excludes any liability for possible health damages on the part of the visitor in case the visitor has not made use of the ear protection provided free of charge.

18. Consumer protection advice
Since the services provided concern leisure services according to the consumer protection law, the costumer is not entitled to a special withdrawal right with contracts closed through distant selling or with contractual statements made through distant selling.

19. Data protection guidelines
By ordering and making use of services provided by the NÖ Festival-Ges.m.b.H., especially by purchasing tickets, the customer explicitly agrees to the general terms and conditions. The customer also agrees that his personal data will be used, processed and transferred to companies in connection with the NÖ Festival-Ges.m.b.H.
Consent can be withdrawn at any time, a revocation has to be made in writing and addressed to the NÖ Kulturwirtschaft GmbH, Kulturbezirk 2, 3109 St.Pölten, Austria by fax: 02742/908041 oder by e-mail office@noeku.at
In order to guarantee a quick processing of your notice of revocation we recommend sending it by email.

20. Place of performance, jurisdiction, court of jurisdiction
Krems is the place of performance. Irrespective of special responsibilities on the part of the comsumer, the regional court Krems is the sole designated responsible court for any disagreements resulting from the contract at hand. Austrian law applies under the exclusion of the international principles on conflicts of law. The principles of the UN Convention on contracts for the international sale of goods do not apply.

21. Final Clause
Should individual specifications of these general terms and conditions contradict the mandatory specifications (e.g. the terms of the consumer protection law), the remaining specifications of these terms and conditions still remain valid. We reserve the right to at any time change our general terms and conditions.


NÖ Festival-Ges.m.b.H.
Minoritenplatz 4
A-3500 Krems an der Donau

Contact:
Ms. Mag. Birgit Wanker
Tel.: +43-(0)-2732-908030-314
Telefax: +43-(0)-2732-908031
E-Mail

Commercial register number: FN 32393 m
Register court: Landesgericht Krems
VAT ID: ATU 16043902
Bank details: HYPO NOE Landesbank AG, sort code 53000
IBAN: AT425300006452225105
BIC: HYPNATWW