1.1. These Standard Terms of Business shall apply to e-ticketing contracts concluded via the Imperial Austria Palaces Service GmbH (hereinafter “Imperial Austria”) Internet platform with end consumers (hereinafter “Customers”).
1.2. Imperial Austria makes available 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 purchase tickets online for visits and events 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 case, the following provisions shall apply mutatis mutandis to all e-tickets.
1.3. Imperial Austria only acts as mediator (intermediary) between Customers and Operators. The contract for the purchase of the ticket is concluded directly between the Customer and the Operator. The legal relationship between Imperial Austria and the Customer is restricted to the provision of the possibility to purchase e-tickets for visits and events from the relevant Operator via Imperial Austria. In this respect, Imperial Austria does not provide any warranty for any deficiencies in the services booked with the Operator by the Customer.
1.4. By clicking the “fee-based order” button, the Customer submits an offer to conclude the ticketing contract to the Operator in question. This offer is accepted after payment is made by the sending of an e-ticket that can be printed online. In this way, the e-ticketing contract is concluded. Delivery to the Customer is made by the Customer printing the e-ticket ordered. The e-ticket can also be printed from the Internet browser at the end of the ordering process. The Customer bears sole responsibility for the complete and legible print out of the e-ticket.
1.5. The e-tickets are only valid for the times of the visit or event or visiting periods specified in the course of the purchase of the ticket. If specific times are available to choose from, the Customer can select the desired time from the available times offered when ordering the ticket. The time cannot be altered after the contract has been concluded.
1.6. The e-ticket can only be used at the selected time (date or period of time if applicable) or within the period of use of the e-ticket. A later use is not possible; in such a case the e-ticket will become invalid.
1.7. In order to make use of the service booked (visit, tour, event etc), the Customer shall first present a printout of his e-ticket. The ticket shall then be validated by the Operator in question using with the Operator’s technical measures (e.g. turnstiles, electronic or manual validation by supervisory personnel). Tickets that simultaneously entitle the holder to make use of a number of services (combination tickets) shall be validated according to admission to the relevant services. The principle of first entry shall apply, i.e. after the e-ticket has been validated 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 shall not affect admissions to services for which the ticket has not yet been cancelled). Invalid or cancelled tickets shall not entitle the holder to make use of the service booked.
1.8. The Customer shall not be entitled to make a number of printouts of the same e-tickets 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. It shall be the Customer's responsibility to secure the computer or mobile telephone used for the purchase and storage of the electronic ticket in accordance with the state of the art in order to prevent misuse and the reproduction of the ticket by unauthorised third parties.
1.9. By using the e-ticket, the Customer also accepts the house rules of the Operator in question.
1.10. The services of the Operator offered via Imperial Austria are leisure services within the meaning of Sec. 18 Para. 1 No. 10 of the Remote and Distance Transactions Act, in which a specific time or period of time is contractually agreed for the performance of the contract by the entrepreneur. Accordingly, the Customer has no right of cancellation (Sec. 18 Para. 1 of the Act).
1.11. By clicking the confirmation “I have read and expressly consent to the Standard Terms of Business”, the Customer acknowledges the applicability of these 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 contract by means of a separate link directly at the said confirmation. Departures from these Standard Terms of Business shall only be valid if agreed in writing by the contracting parties. 1.12. In the event of contradictions between these Standard Terms of Business and those of the Operator in question, the provisions of the standard terms of business of the Operator in question shall take priority.
2.1. The e-tickets shall be paid for using the payment method selected by the Customer in the course of the order process.
2.2. If a payment is reversed before the start of the visit, the e-ticket shall be declared invalid.
3.1. All prices stated in the e-ticketing system are in Euro and include VAT.
3.2. If discount tickets are purchased, such as children's tickets, evidence of the entitlement to the discount shall be presented before the start of the visit.
4. Impairment of performance and liability
4.1. 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 such losses have been caused with at least gross negligence by Imperial Austria or the Operator.
4.2. Imperial Austria shall not be responsible for any problems arising when the e-ticket is printed out by the Customer. Nor shall Imperial Austria be responsible for the accuracy and operability of the email address provided by the Customer or for any problems that result from an incorrect or malfunctioning email address.
4.3. Imperial Austria, which acts solely as an intermediary between the contracting parties (Customer and Operator), shall not be liable for default or impossibility of the service booked. In such event, the Customer shall contact his/her contract partner, the Operator of the service booked.
5. Customer service
5.1. The contracts concluded via the platform provided by Imperial Austria are concluded between the Customer and the Operator of the service booked by the Customer. In the event of problems in the course of the performance of this contract, Customers are invited to contact Imperial Austria. Imperial Austria shall make every effort to mediate. However, it should be noted that Imperial Austria is merely the intermediary for the contract concluded between the Customer and the Operator using its platform. Imperial Austria is not the contract partner in this contract and can therefore not make any binding commitments or refusals, and, not being a contract partner, is not subject to any warranty obligations for this contract.
5.2. Note: The EU Commission, pursuant to EU Regulation No. 52/2013, makes available a website (OS platform) for the settlement of extrajudicial disputes resulting from online transactions between consumers and entrepreneurs from the EU. The EU Commission's OS platform can be found under this link: http://ec.europa.eu/consumers/odr/ Our email address is: firstname.lastname@example.org
6. Data protection
6.1. Imperial Austria uses state-of-the-art encryption for the transmission of Customer data. Credit card data is at no time stored on Imperial Austria systems. In addition, Imperial Austria uses state-of-the-art software to secure the systems.
6.2. The data provided by the Customer in the course of the conclusion of the e-ticketing contract (date, time, name, email address, service booked, language, method of payment, price, IP address) shall be collected, processed and used electronically by Imperial Austria for the purpose of the performance of the contract.
7. Use of the websites
7.1. Imperial Austria permits the Customer to use its websites for the purpose of acquiring e-tickets and information about Austrian establishments, sites and institutions that represent the history of the Austrian imperial family. The Customer is not permitted to reproduce, make available publicly or to exploit in any other manner the content of the Imperial Austria websites.
7.2. Imperial Austria shall not be responsible for websites to which links are made from the Imperial Austria websites. Imperial Austria assumes no liability whatsoever for linked websites.
7.3. Imperial Austria cannot guarantee that the operation of its website shall be undisturbed by faults and interruptions. Imperial Austria shall make every effort, as far as 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 ensuring that the ordering of tickets via the website shall be possible at all times. Imperial Austria shall be entitled to take the website off-line temporarily or otherwise to restrict its services if such is necessary for reasons of security or for the purpose of carrying out technical measures (in particular maintenance work).
7.4. 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 the disruption, infection with viruses, fault or interruption with intent or gross negligence.
8. Miscellaneous provisions
8.1. The invalidity of individual provisions of these Standard Terms of Business shall not affect the validity of the other provisions.
8.2. Written declarations (in particular the confirmation email with the e-ticket) shall be deemed to be received if they are sent to the email address last notified by the Customer.
8.3. Written agreements shall apply exclusively. The amendment of the Standard Terms of Business shall be invalid unless in writing. This shall also apply to a waiver of the written form requirement. Oral agreements shall not be legally binding.
8.4. This contractual relationship shall be subject to Austrian law. It is agreed that the legal venue shall be the court competent for such cases in Vienna, Inner City.
As of February 2017