GTc's of ARENARIA GMBH
General Terms and Conditions of Arenaria GmbH (ARENARIA®)
I. General – Scope of Application
1. These GTC’s shall apply to all deliveries and services, without prejudice to the provisions set forth in sections I.2 and I.3. Other general terms and conditions of any kind whatsoever that are contrary to these GTC’s shall be entirely without legal effect, irrespective of when or in what manner these are notified to Arenaria GmbH. Agreements that deviate from specific sections of these GTC’s shall take effect only in respect of these sections and shall require our prior express confirmation in writing. Silence about terms and conditions of our customers shall not constitute acceptance under any circumstance.
2. Processing of ticket sales shall be carried out by distribution partners, such as oeticket or pan.event, or by tour operators (hereinafter collectively referred to as “Distribution Partners”). As regards to ticket purchases, the GTC’s of Distribution Partners shall apply on a supplementary basis in addition to our GTC’s.
3. With regard to all contracts concluded with Arenaria GmbH concerning the St. Margarethen Quarry event site being made available for the purpose of events to be held by third parties, the General Contract Terms (Allgemeine Vertragsbedingungen – AVB) of Arenaria GmbH (in short, GCT’s) shall apply in respect of the relationship between Arenaria GmbH and the lessee (event organiser = third party). Arenaria GmbH shall not bear any responsibility for third-party events. Similarly, Arenaria GmbH shall not be responsible for processing reversals of purchases of tickets for such events.
4. These GTC’s shall apply, even in the absence of express reference to these in subsequent contracts.
II. Conclusion of contract
1. Information of Arenaria GmbH about events and prices there indicated, shall be understood to be invitations to make offers. The offers and respective invitations to make offers, of Arenaria, shall be non-binding and subject to confirmation. Artistic and other changes remain reserved.
2. Through ordering tickets for events of Arenaria GmbH from Distribution Partners, the customer is also making a binding offer to conclude a visitor’s contract with Arenaria GmbH. The customer’s order shall be processed by the respective Distribution Partner. An order confirmation issued by the Distribution Partner shall not mean that the contract has materialised; but rather, it is merely a confirmation that the Distribution Partner has received the order (the offer) of the customer. The contract with Arenaria GmbH shall materialise only upon the Distribution Partner accepting the offer of the customer with binding effect on Arenaria GmbH.
3. The respective Distribution Partner shall make available to the customer a confirmation of the concluded contract that includes all information.
4. Information about the statutory right of rescission can be found in item V.
III. Prices, payment, tickets
1. The respective, current prices for visiting events shall include statutory VAT and shall apply until further notice.
2. The ticket shall become valid only upon payment being made in full to the Distribution Partner. In the event of default in payment, default interest at the rate of 5% per year shall be deemed agreed.
3. The prices shall be exclusive of postage, expenses or fees. The respective Distribution Partner shall indicate such costs to the customer before the customer issues his contractual declaration. Arenaria GmbH shall not charge any cost for the actual conclusion of contract or for the means of telecommunication applied in this context.
4. Tickets shall be dispatched or otherwise made available exclusively by the Distribution Partner and at the conditions of such Distribution Partner.
5. The exchange or cancellation of purchased tickets shall be excluded.
6. Tickets at reduced prices shall be valid only in combination with relevant ID cards that verify the respective reduction. In the event that such an ID card cannot be presented, the full admission fee shall be paid.
7. Taking any seat other than that indicated on the ticket shall be inadmissible. In the event of an inadmissible change of seats, the price difference may be collected or the visitor may be refused from that seat or from the event site.
8. Admission tickets or other access authorisations shall not be misused, copied or altered. The undamaged original ticket shall be presented upon entrance to the site. In case of contravention, Arenaria GmbH shall have the right to refuse access or refuse the customer (visitor) from entering the event site.
IV. Transfer of risk
1. The risk of loss or damage shall transfer to the customer upon the tickets being handed over by the Distribution Partner. Access to the event site shall not be possible without a valid admission ticket.
V. Right of rescission
1. Arenaria GmbH informs that, pursuant to Section 18(1)(Z)(10), Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG), the customer has no statutory right of rescission with regard to the services offered by Arenaria GmbH, which are provided within the context of leisure activities at specific points in time or during specific time periods, i.e., opera or stage performances, in particular.
VI. Cancellations, limitations of liability
1. Events may be cancelled due to technical defects, official and/or legislative orders/conditions, illness or hindrance of the artist(s), or due to bad weather (particularly rain, hail storm or storm). The decision shall be at the discretion of the festival management, which shall make the decision on-site. In the event of bad weather, cancellation of the event can be decided no sooner than at the intended beginning time.
Where weather conditions prevent the event from being held as intended, the festival management reserves the right to postpone the beginning of the performance prior to deciding and announcing whether the event must be cancelled, as the case may be.
Similarly, the festival management reserves the right to discontinue the performance to be continued later on. Actual cancellations shall always be pronounced by the festival management on site; therefore, you should pay attention to the loud speaker announcements.
2. Where the event is cancelled prior to the end of the first act or up to a play length of 45 minutes, whichever occurs first, the respective admission tickets may be returned up to two months after the date of the event to the Distribution Partner from whom these were purchased for a refund of the ticket price. Thereafter, any refund shall be excluded.
3. Arenaria GmbH shall be liable only for damage caused by intent or gross negligence on the part of Arenaria GmbH. Liability for slight negligence as well as compensation for subsequential damage, purely financial losses, lost profits, unrealised savings, loss of interest, and third-party claims for damages asserted against the customer shall be excluded. Accordingly, Arenaria GmbH shall bear no liability in the event of cancellation, postponement, programme or cast changes, or for expenses incurred, as the case may be, such as costs of travel, hotel accommodation, advance ticket sales or shipping.
4. Aforementioned limitations of liability shall not apply within the scope of application of the Austrian Product Liability Act (Produkthaftungsgesetz) or, within the scope of application of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), to personal injuries that are attributable to Arenaria GmbH.
5. Vis-à-vis consumers, statutory warranty provisions shall apply in any case.
6. Programme and cast changes or changes to the production shall be reserved on the part of the festival management; these shall not trigger any right to return or exchange tickets or to request a price reduction.
7. Arenaria GmbH shall be liable only for own content of its website. As far as links provide access to other websites, Arenaria GmbH shall not be responsible for third-party content there included. Arenaria GmbH does not adopt such third-party content as own content. As far as Arenaria GmbH gains knowledge of unlawful content on external websites, the respective links to such sites shall be deleted immediately.
8. Claims for damages shall be asserted against Arenaria GmbH in court and within six months after the defect becomes known; in any case, however, within three years after the (initial) damage occurs; otherwise, such claims shall become statute barred.
9. In case transfer to the event location is provided by a third party, such third party shall be the contracting party; Arenaria GmbH shall not be liable for services provided by such contract partner.
10. Supertitles are an additional free service for our guests. Because of the size of the opera venue, the supertitles cannot be seen optimally from all seats. This does not entitle guests to a refund, an exchange of tickets or a reduction of the ticket price.
VII. Event location, declaration of consent to recording and dissemination
1. The St. Margarethen Quarry event location is an outdoor nature site, which shall be used at the visitors’ own risk. Arenaria GmbH shall not be liable for any damage that is caused by carelessness on the part of visitors when using the site or by events of nature, such as the weather, in particular.
2. In the event of TV broadcasts or other image and sound recordings being made, the visitor shall consent, without any limitation as to time or territory, that Arenaria GmbH and the third party in charge of broadcasting or recording exploit, save, disseminate and distribute by any technical means and without any compensation to the visitor recordings of such visitor that were made during the event.
3. Carrying along image or sound recording devices, bottles, glasses, cans, canes or similar items, weapons, animals (except for companion dogs) or fireworks shall be prohibited. In the event of contravention, Arenaria GmbH shall have the right to refuse access or banish the customer (visitor) from the event site.
4. The customers undertake to refrain from causing any disturbance to the event, to subject themselves to instructions issued by the security services and, in case of contravention, to leave the site when prompted to do so.
5. The customers undertake to abide by existing “house rules”, if any, for the event site.
VIII. Data protection
The customer acknowledges and agrees that his personal data as provided (name, address, telephone numbers, email addresses, date of birth) as well as information gained during the business relationship (about orders, subscriptions, contracts, demand-driven interests, information obtained through the company’s digital platforms, etc.) and other personal data may be processed by Arenaria GmbH in order to contact the customer by post, email, telefax, telephone or text message for purposes of transmitting information about own goods and services or about special offers and promotions concerning these (e.g., invitations to events, travel offers, sweepstakes, surveys, orders via digital platforms, newsletters etc.).
Moreover, the customer agrees that such personal data may for the same purposes be transmitted to and processed by pan.event GmbH (Wollzeile 1-3, 1010 Vienna), a list broker and direct marketing company of the Esterhazy Group. According to its business license within the meaning of Section 151, Austrian Trade Regulation Act (Gewerbeordnung – GewO), and based on the customer’s consent, pan.event GmbH shall forward the personal data exclusively to companies of the Esterhazy Group for preparing and conducting promotions, including design and dispatch of advertising materials.
The customer may withdraw such consent, even in separate parts, at any time (e.g., by letter, fax or email).
IX. Analysis of the Arenaria Internet presence
In order to improve and optimise its Internet presence, Arenaria.at uses Google Analytics, a web analysis service of Google Inc. (hereinafter, “Google”). Google Analytics uses so-called “cookies”, i.e., text files that are saved on the user’s computer and allow the use of the website by the user to be analysed. Information about the use of the website that is generated by the cookie is regularly transmitted to and saved on a server based in the USA. Arenaria.at has activated “_anonymizeIp()” for its websites; by means of this extension, IP addresses are further processed in an abbreviated form in order to rule out direct identification of persons: Through IP anonymisation on this website, Google will abbreviate beforehand the IP addresses of a user within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and abbreviated there. As service provider to Arenaria.at, Google will use information collected in the course of Google Analytics being applied on the Arenaria.at website to analyse the use of the website, to compile reports on the website activities and to provide to Arenaria.at additional services connected to use of the website and the Internet. The IP address transmitted in the context of Google Analytics by the browser of a user will not be merged with other data of Google. By using the Arenaria website, the user consents to the data collected about him being used in the aforementioned manner and for the aforementioned purpose. Users can prevent cookies from being saved by accordingly adjusting the settings of their browser software; however, please be advised that, in this case, the user might not be able to use in full all functions of this website. Moreover, by downloading and installing the plugin available at this link: http://tools.google.com/dlpage/gaoptout?hl=de users can prevent data about their use of the website (including the IP address), as generated by the cookie, from being collected, made available to Google as service provider, and processed by Google.
X. Social Plugins
For its Internet presence, Arenaria uses SocialPlugins (e.g., share, like-buttons) of the following social networks:
· facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter, “Facebook”);
· twitter.com, operated by Twitter, Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (hereinafter, “Twitter”);
· google+, operated by Google, Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter, “Google+”); and
· pinterest, operated by Pinterest Copyright Agen, Inc, 808 Brannan Street, San Francisco, CA 94103 4904 (hereinafter, “Pinterest”).
These plugins are labelled with the logo of the respective social network. If a registered and currently logged-in user of a social network accesses Arenaria.at, then the browser of that user will set up a direct connection to the servers of such social network through cookies set by the network and through the plugin on the Arenaria.at site. It is possible that social networks can detect via the plugin that a logged-in user is accessing the Arenaria.at site, without any direct click on the plugin. Through embedding the plugins, the operator of the social network gains the information that the user has accessed the respective site of the Arenaria Internet presence. If the user interacts with SocialPlugins, then the browser of that user transmits the respective information directly to the operator of the social network, where it is saved. Please note the declaration of consent to the use of SocialPlugins! Express reference is made in this context to the data protection notices of Facebook, Google+ and Twitter.
1. Material Austrian law shall apply, to the exclusion of the conflict of law rules of international private law and the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only insofar as the consumer is not deprived under mandatory statutory provisions of the country where the consumer has his habitual residence of protection afforded.
2. The agreed legal venue for all disputes that indirectly or directly arise from this contract shall be the Austrian court having local and subject-matter jurisdiction at the place where Arenaria GmbH has its registered offices. If the customer is a consumer, then such legal venue shall be deemed agreed only if the customer has his domicile, habitual residence or place of employment in the area served by the said court or if the customer is domiciled in a foreign country.
3. If individual provisions of the contract concluded with the customer, including these General Terms and Conditions, should be found to be or become invalid, either in full or in part, the validity of the remaining terms and conditions shall remain unaffected. The invalid provision, whether in full or in part, shall be replaced by another provision that most closely reflects the economic effect of the invalid provision.
Legal disclaimer: Arenaria GmbH does not warrant that the information provided on this website is complete, accurate or current in each instance. The same applies to all websites referred to, either directly or indirectly, by this website through links. Arenaria GmbH shall not be responsible for the content of a website that is accessed through such a link. Arenaria GmbH reserves the right to change or supplement the information provided without any prior notice. The content of linked website(s) shall not form a component of the website of Arenaria GmbH through linking; but rather, such content is provided merely as a service. Accordingly, any responsibility or liability for the content of third-party Internet pages is expressly excluded. Arenaria GmbH shall not be liable for direct or indirect damage of any kind that occurs due to the use of such Internet pages. Arenaria GmbH applies utmost care to ensure that the privacy of its users is respected upon visiting the Arenaria GmbH webpages and that every possible technical measure is taken to prevent data safety from being compromised. As far personal data (e.g., name, address, or email addresses) are collected on our webpages, this is done with the consent of the party concerned. Such data shall be kept strictly confidential and shall not be shared with third parties without your express consent. Reproduction, processing, dissemination and any form of exploitation of the content of this website, or of parts thereof, shall require the written approval of Arenaria GmbH. This website uses Google Analytics. All brands and trademarks protected, as the case may be, for the benefit of third parties, that are mentioned in the Internet offer are subject, without any limitation, to the provisions of respective, applicable trademark law and to the rights of ownership of respective registered owners. Arenaria GmbH®
Click here for General Terms and Conditions of Third-party Events and Lease Agreements.