Standard Terms of Business and Use
for the "Imperial Austria" Internet platform
These Standard Terms of Business apply to e-ticketing contracts concluded via the Internet platform of the Verein zur kulturellen und touristischen Vermittlung und Förderung des imperialen Erbes Österreichs - Imperial Austria (Association for the Cultural and Tourist Mediation and Promotion of the Austrian Imperial Heritage -- Imperial Austria) (hereinafter "Imperial Austria") with end consumers (hereinafter "Customers").
Imperial Austria provides a platform via which Customers can obtain information about Austrian establishments, places of interest and institutions that represent the history of the Austrian imperial family, and acquire tickets online for events and visits from the operators of these establishments, places of interest and institutions (hereinafter "Operators"). A number of e-tickets can be acquired in the course of one ordering process; in such event, the following provisions apply mutatis mutandis to all e-tickets.
Imperial Austria merely acts as an intermediary between the Customers and the Operators. The contract concerning the purchase of the ticket is concluded directly between the Customer and the Operator. The legal relationship between Imperial Austria and the Customer is limited to the provision of the possibility to purchase e-tickets for visits and events from the relevant Operator via Imperial Austria. Imperial Austria likewise provides no warranty for any deficiencies in these services booked with the Operator by the Customer.
By clicking the "next" button, the Customer submits an offer to conclude an e-ticketing contract to the Operator in question. This offer is accepted by the sending of a confirmation e-mail containing a link to the printable e-ticket. In this way the e-ticketing contract is concluded. Delivery to the customer is made by the Customer printing out the e-ticket ordered. The e-ticket can also be printed out from the Internet browser at the end of the order process. The Customer bears sole responsibility for complete and legible printout of the e-ticket.
E-tickets are only valid for the time of the visit or event or the visiting period specified in the course of the purchase of the ticket. If specific times are available for selection, the Customer can select the desired time from the available times offered when ordering the ticket. The time cannot be changed after conclusion of the contract.
The e-ticket can only be used at the selected time (date, if appropriate period of time) or within the relevant period for the use of the e-ticket. Later use is impossible and in such event the e-ticket will become invalid.
In order to make use of the service booked (visit, tour, event, etc), the Customer shall first present a printout of his/her e-ticket. The e-ticket will be cancelled using the relevant Operator's technical devices (e.g. turnstile, electronic or manual cancellation by supervisory personnel). For tickets that simultaneously entitle the holder to use a number of services (combination tickets), cancellation is made according to admissions to the relevant services. The principle of first admission applies, i.e. after an e-ticket has been cancelled in the course of the first admission to a service, the same e-ticket cannot be used for a further admission to the same service (this does not affect admissions under combination tickets to services for which the ticket has not yet been cancelled). Invalid or cancelled tickets do not entitle the holder to use the service booked.
The Customer is not entitled to make more than one printout of the same e-ticket or to copy, reproduce or transmit the e-ticket in whatever form. The Customer shall safeguard his/her e-ticket carefully in order to avoid misuse.
By using the e-ticket, the Customer also accepts the house rules of the Operator in question.
The services of the Operators offered via Imperial Austria are leisure services within the meaning of Sec 5c Para. 4 No. 2 of the Consumer Protection Act provided at a specific time or within a precisely specified period of time. Accordingly, the Customer has no right of withdrawal (Sec. 5f No. 7, of the Consumer Protection Act).
By clicking the confirmation "I have read and consent to the STB", the Customer acknowledges the applicability of the Standard Terms of Business and the applicability of any separate standard terms of business of the Operator as made available to the Customer before conclusion of the contract by means of a separate link directly at the confirmation "I have read and consent to the STB". Departures from the Standard Terms of Business shall only apply if they have been agreed in writing by the contracting parties.
In the event of a discrepancy between these Standard Terms of Business and those of the relevant Operator, the provisions of the standard terms of business of the relevant Operator take priority.
Payment for the e-tickets ordered is effected using the e-payment module of QENTA paymentsolutions Beratungs und Informations GmbH. A number of credit cards are accepted. No other modes of payment are possible.
If a payment is reversed before the start of the visit, the e-ticket shall be declared invalid.
All prices listed in the e-ticketing system are in Euro and include VAT.
3.2. If reduced-price tickets are purchased, for instance for children, evidence for the entitlement to the discount must be presented before start of the visit.
4. Impairment of performance and liability
Imperial Austria and the Operator shall not be liable to the Customer for losses resulting from the unauthorised reproduction or misuse of his/her e-ticket unless Imperial Austria or the Operator has caused this loss with at least gross negligence.
Imperial Austria is not responsible for any problems arising when the Customer prints out the e-ticket. Nor is Imperial Austria responsible for the accuracy and operability of the e-mail address specified by the Customer and any problems that might arise from an incorrect or malfunctioning e-mail address.
Imperial Austria, which acts exclusively as intermediary between the contracting parties (Customer and Operator), shall not be liable for default or impossibility of the service.
5. Data protection
Imperial Austria uses a secure transmission method (SSL) for the communication of Customer details. This is intended to ensure a maximum level of security. Nevertheless, Imperial Austria cannot assume any responsibility for attacks by hackers.
The data communicated by the Customer in the course of the conclusion of the e-ticketing contract (e-mail address, service booked) shall be collected, processed and used by Imperial Austria electronically for the purpose of the performance of the contract. This data shall in particular be communicated to the Operator of the service booked for the purpose of the performance of the contract.
6. Use of the websites
Imperial Austria permits the Customer to use its websites for the purpose of acquiring e-tickets and information about Austrian establishments, places of interest and institutions that represent the history of the Austrian imperial family. The Customer is not permitted to reproduce, make available publicly or exploit in any other manner the Imperial Austria websites.
Imperial Austria shall not be responsible for websites to which links are made from Imperial Austria websites.
Imperial Austria does not guarantee that the operation of its website is undisturbed by faults and interruptions. Imperial Austria will make every effort, to the extent technically possible according to reasonable standards, to maintain the operation of its website free of faults and interruptions. However, Imperial Austria shall not be liable for the ordering of e-tickets via the website being possible at all times. Imperial Austria shall be entitled to take the website off-line temporarily or otherwise to limit its services if such is necessary for reasons of security or for the purpose of carrying out technical measures (in particular maintenance work).
Imperial Austria cannot guarantee that the website is free of viruses or other sources of disruption. Imperial Austria shall only be liable for damage resulting from disruptions, viruses, faults and interruptions if Imperial Austria has caused disruption, infection with viruses, fault or interruption with intent or gross negligence.
7. Miscellaneous provisions
The invalidity of individual provisions of these Standard Terms of Business shall not affect the validity of the other provisions.
Written declarations (in particular the confirmation e-mail with the e-ticket) shall be deemed to be received when they are sent to the e-mail address last notified by the customer.
Written agreements shall apply exclusively. The amendment of the Standard Terms of Business shall likewise require the written form. This shall also apply to a waiver of the written form requirement. Oral agreements shall not be legally binding.
This contractual relationship shall be subject to Austrian law. The legal venue shall be the court competent for such cases in Vienna, Inner City.
as per January 2010