TERMS OF USE
1. Terms of Use oeticket
2. Terms of Use „oeticket sorgenfrei“ (particular right of withdrawal)
Ordering
All orders – whether by telephone, fax or online booking (Internet, W@P, SMS, etc.) are binding and can not be cancelled or changed. For orders by internet the following steps ( shown as Step 1 – 5 ) must be followed: Step 1- selection of event and tickets per ticket category. Step 2 – selection of delivery respectively pick up method . Step 3 – selection of method of payment and entry of personal data. Step 4 – summary of all data, last control, agreement to the general terms and conditions, transmittal of order. Step 5 – confirmation of order by oeticket.
Payment
Tickets that have been bought for delivery or pick up can be paid by oeticket customer card, credit card, advance payment, debit transfer or COD. On the internet and other online booking possibilities as well as the different oeticket partners other methods of payment are available. Each ticket is only valid after complete payment.
Delivery, Handling
Tickets are sent by regular mail after successful payment, except for standing places and general admission tickets which will be send by registered mail within Austria; distribution at customer’s risk. oeticket accepts no liability for tickets that have been sent in due form to the customer. Claims for damages that result from non-delivery can therefore not be accepted by oeticket. Please use extreme care when using mobile tickets to avoid the loss of data. In case of loss of a mobile ticket ( deletion or loss of mobile phone ) please contact you mobile phone service provider. In the case of loss of any other access authorisation no replacement can be made. Access authorisations should not be misused, copied or changed. Mobile tickets (access authorisations that are on a mobile phone or PDA) must not be copied or forwarded. The principle of admission is first come ( the mobile ticket that is first accepted after positive identification is valid ). Following tickets with the same identification are automatically invalidated by the first. With the use of the access authorisation the user accepts the general terms and conditions of the promoter and the rules of the house of the location.
Cancellations, changes, refunds
oeticket is only a ticket broker and is not liable for the refunding of admission prices but will make every effort to prompt the promoters to do so. In case of reimbursement the printed price on the ticket will be refunded fully. This price already includes the customary presale fee and system fee. On rare occasions (i.e., changes in pricing from the organiser, surcharges requested from the organiser, etc.) it can occur that a price can be asked which is higher than that which is printed on the ticket. In such occasions oeticket can only refund the printed price on the ticket. Possible additionally collected fees (delivery costs, collection costs, call centre booking costs, etc.) will under no circumstance be refunded. In the case of a cancellation of an event ticket(s) can be returned for refund up to two months after the planned date of the event to the place of purchase (either to the outlet where they were purchased or in the case of an order placed by telephone, fax or online booking by returning the original ticket(s) by registered mail to Ticket Express, Heumühlgasse 11, A 1040 Vienna with name and account number, bank and bank code for the re-transfer), as long as the general terms and conditions of the promoter or location do not prohibit this.
The return of tickets at the outlets can only be accepted on the next but one Monday after the date of the announcement of the cancellation of the event. Owners of print@home and mobile tickets will be refunded the amount - when already paid - without any further claim using the same method used for payment. The mobile ticket is then invalidated. The right is reserved to make minor or necessary changes to the cast or programme.
In the case of a cancellation, postponement or changes to the cast or the programme no expenses incurred (e.g. transport, hotel, advance sales fee or delivery charges) will be refunded. In the case of a cancellation, postponement or any other form of change of an event oeticket reserves the right to inform those customers who have bought tickets for this event of these changes. This information is a volunteer service of oeticket and can take place by mail and/or electronically by e-mail or sms if correct contact data is provided.
Data protection
The customer agrees that the data provided by him electronically can be electronically processed by oeticket to execute the contract. He also agrees that the data can be forwarded within the legal designations and limits of the Data Protection law 2000 to partner companies (parent or subsidiaries) of oeticket. The customer is informed that this agreement can be revoked at any time.
Scope, place of jurisdiction, applicable law
The same general terms and conditions are valid for the partner companies Ö-Ticket Südost (Wr. Neustadt), ÖTS (Deutschlandsberg), Ticket Nord (Linz) and ARGE Ö Ticket West - 5 Star Promotions - Alfred Schmid (Innsbruck) as well as for the licence holders of oeticket-Verkaufs-Software for sales using the oeticket System. The place of jurisdiction for company customers is the competent court in Vienna and for private customers their locally competent court. Austrian law will be applicable excluding collision of norms.
TERMS OF USE OETICKET SORGENFREI
Upon payment of the respective fee, oeticket grants all customers the special right to withdraw from a ticket purchase. Under the following conditions, the withdrawal right may be claimed from the time of purchase until beginning of the event:
Illness, accident, death, pregnancy
• Serious illness, a serious accident, pregnancy complications or complications due to a death, given that the respective event occurred after the time of booking:
– of the eligible person
– of a related party who has booked and annuls the same event.
If several people have booked the same event, it may be annulled by up to 6 parties.
• In case of mental afflictions, special withdrawal is only granted on
– a psychiatrist’s confirmation of incapacity for work and
– presentation of the employer’s confirmation of absence due to incapacity for work.
• In case of chronic illness, special withdrawal is only granted if the event cannot be attended due to a medically attested, unexpected, acute aggravation. Special withdrawal is only granted on the premise that the state of health was stable at the time of ticket purchase.
• In case of pregnancy, special withdrawal is only granted
− if the pregnancy commenced after the ticket purchase and the event takes place after the 24th week of pregnancy,
− or if the pregnancy commenced after the ticket purchase and attending the event would put the unborn child at risk.
Delay and breakdown of public conveyance
If attendance of the event is impossible because of delay or breakdown of public transport on the way to the event (i.e., admission has closed or the event has already ended).
Breakdown of vehicle before arrival
If the private vehicle or cab taken becomes unfit to drive because of an accident or breakdown on the way to the event. Key and petrol mishaps are not covered.
Rescheduling of events on the part of the organizer
If an event is rescheduled or a venue changed and the ticket is valid for the new date or venue: should the entitled person be unable to attend the rescheduled event due to an incident justifying special withdrawal.
Cancellation of the event due to insolvency of the promoter
In case of insolvency proceedings, or decline of insolvency proceedings due to lack of assets by the organizer and cancellation of the event, the customer is granted a refund for the ticket he or she has already payed for if we receive his or her refund request in written form up to 30 days after the date of the event, and if the customer provides all information necessary for a bank refund. Any refund requests we receive more than 30 days after the date of the event will not be taken into consideration.
• In order to claim special withdrawal, the eligible person must report the incident justifying such withdrawal to the Ticket Express GmbH in writing immediately after its occurrence (latest 30 min before the events begins) by one of the following means:
- telephone: +43 (0) 1 96 0 96
- email: sorgenfrei@oeticket.com (up to 5 hours before the event only use phone)
• The eligible person (purchaser) is obliged to take any steps that may mitigate and clarify damage.
• The eligible person (purchaser) is obliged to fully attend to his or her contractual or legal duties to report, inform or conduct.
• If the damage occurred due to an illness or injury, the eligible person must ensure that the attending doctors are released from medical confidentiality toward the Ticket Express GmbH.
• If services performed by the Ticket Express GmbH can be claimed toward a third party by the eligible person, the eligible person must uphold these claims and convey them to the Ticket Express GmbH.
•
• The following documents must be submitted to the Ticket Express GmbH at the designated address:
– original ticket
– Ticket Express GmbH invoice
– certification of death
– documents/official attestations confirming the occurrence of damage (e. g. detailed medical certificate including diagnosis, employer’s attestation, police report etc.)
Violation of duties
If the eligible person violates his or her duties, the Ticket Express GmbH may waive or cut its services.
• Impaired healing process: if an illness or the aftereffects of an accident, an operation or medical intervention already existed at the time of ticket purchase and have not healed by the date of the event. If the aftereffects of an operation/medical intervention already planned at but conducted after the time of ticket purchase have not healed by the date of the event.
• Cancellation on the part of the organizer: if the organizer cannot or can only partly perform the contractual services, cancels the event or would have to cancel it due to concrete circumstances, and if the organizer is by legal or contractual terms obliged to reimburse the customer for the services not performed. This does not apply to a rescheduling of the event on the part of the organizer.
• Not covered under this policy are
− incidents occurring before or upon conclusion of the contract or ticket purchase,
− and incidents that are predictable for the eligible person at the time of conclusion of contract or ticket purchase.
• Events do not qualify for special withdrawal if they have been induced by the eligible person in one of the following ways:
– alcohol or drug abuse
– suicide or attempted suicide
– participation in strikes or civil unrests
– participation in races and training with motor vehicles or boats
– participation in hazardous activities consciously putting the participant at risk
– gross negligence or wilful intent
– committing or attempting to commit crimes
• The following events and their consequences do not qualify for special withdrawal: war, terrorist attacks, any kind of civil unrests, epidemics, pandemics, natural disasters and incidents involving nuclear, biological or chemical substances.
• Consequences of official decrees, e. g. confiscation of property, arrest or ban on leaving the country, do not qualify for special withdrawal.
• If the assessor (expert, physician etc.) directly benefits or is related to the eligible person by birth or by marriage.
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• Related parties shall mean:
– relatives (married spouse, parents, children, parents-in-law, grandparents and siblings)
– the partner, as well as his or her parents and children
– guardians of minors who do not travel, or relatives in need of care
• Organizer
Any business/organization/company performing the event services for the eligible person on the basis of a contract shall be considered an organizer.
• Public conveyance
Any public carrier running regular routes on the basis of a schedule and licensed to carry all fare-paying passengers. Cabs and rented cars are not considered public conveyance.
• Breakdown
Any sudden and unexpected failure of a vehicle that is caused by an electric or mechanical malfunction and resulting in the impossibility or legal impermissibility to continue the journey. Broken tires, lack of petrol, keys locked in the vehicle and discharged battery are equated with breakdowns. Loss or damage of vehicle keys and wrong petrol are not considered breakdowns and are not covered under this policy.
• Personal accident
An accident shall be the sudden, unintended impact of abnormal external factors damaging the human body.
• Motor vehicle accident
An accident shall be the damage of a motor vehicle, caused by the sudden and violent impact of external means and resulting in the impossibility or legal impermissibility to continue the journey; in particular incidents involving crash, collision, tipping over, falling down, and being mired, stuck or sunk.
• Serious illness/serious aftereffects of an accident
Illnesses or aftereffects of accidents shall be considered serious if they result in temporary or permanent incapacity for work.
