General terms and conditions of sale and free registration for tickets
Red Bull Media House GmbH, Oberst-Lepperdinger-Straße 11-15, 5071 Wals bei Salzburg
I. ValidityThe tickets for the event are made available for sale or free registration by Red Bull Media House GmbH (hereinafter referred to as “RBMH”) on behalf of the respective organiser exclusively subject to these general terms and conditions of sale and free registration for tickets (“GTCS”); in this context, actions taken by RBMH to fulfil the contract cannot be considered as approval of contractual terms deviating from these GTCS. The respective purchaser accepts the validity of these GTCS by purchasing or register and using a ticket.
II. Contracting partiesRBMH is not itself an organiser of the event offered, but has been authorised by the organiser to make the tickets available for sale or free registration to purchasers. Events are carried out by the respective organiser. With regard to the booked event itself a contract comes into force solely and exclusively between the purchaser and the respective organiser. The organiser’s general terms and conditions apply. Such terms and conditions are valid in addition to these GTCS. The identity of the particular organiser will be indicated or can be inquired about at our customer service.
RBMH assumes no liability for cancellations by the organiser or for reimbursement of the entrance fee. RBMH similarly does not bear the risk of the organiser becoming insolvent or illiquid. This also means that RBMH neither sets the ticket price nor the allocation of price categories and does not determine where which seat or standing place is available.
By ordering tickets you (the purchaser) commission RBMH to process the ticket purchase including delivery of the tickets.
III. Conclusion of the ContractThe purchaser makes an offer to conclude a contract of sale by clicking the “Order with an Obligation to Pay” button or a contract for free by clicking the “Register now for Free” button to send his offer entered in the order form.
In order for the contract to be concluded validly the purchaser’s contract offer requires an express order confirmation from RBMH. The sending of electronic tickets (QR Code tickets) by SMS and email which the purchaser prints himself (“Print@Home”) is considered to be an express order confirmation. It is not possible to cancel or withdraw from the contract, subject to the provisions set forth in Item V. below.
If the preferred price category is no longer available, the purchaser shall be informed of this and possible alternatives.
IV. Information about eventsThe information about the events contained on RBMH’s website, namely the event’s location, start time and content, is provided to RBMH by the organiser. In the provisions set forth under Item X. below, RBMH assumes no liability for the correctness of the information provided.
V. Right WithdrawalThe right of withdrawal under Section 11 FAGG (Austrian Distance Selling Act) does not apply for the purchase of tickets, because the organiser’s services, and therefore also RBMH’s services, are leisure services within the meaning of Section 18(1) Z 10 FAGG.
Incidentally the following applies to contracts with consumer:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us:
Red Bull Media House GmbH
Red Bull Mobile
5071 Wals near Salzburg
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. In the case that the same means of payment as used for the initial transaction is not available for the reimbursement (e.g. cash on delivery) the reimbursement will be carried out via bank transfer to a bank account named by you.
You shall send back the goods or hand them over to:
Red Bull Media House GmbH
Red Bull Mobile
5071 Wals near Salzburg
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal form: Download link
(complete and return this form only if you wish to withdraw from the contract)
Red Bull Media House GmbH
Red Bull Mobile
5071 Wals near Salzburg
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
VI. Prices and servicesAll prices quoted by RBMH include all applicable fees and taxes. The right to change prices, dates and availability of the services listed on the website is expressly reserved.
Ticket prices and fees (see definition in the subsequent paragraph) include statutory VAT.
Service and shipping costs and any possible fees for using the chosen payment method (hereinafter referred to as “fees”) are collected by RBMH with ticket purchases; these can vary according to the individual event. These fees will be shown or disclosed and not additional costs will be charged. These Fees may vary according to the individual event. The purchaser acknowledges and agrees that the maximum number of tickets which may be purchased for each event will be limited.
With the help of this limitation, we try to make unfair ticket purchases difficult.
It is the purchaser’s responsibility to check the information on the tickets directly upon receipt and notify RBMH immediately of any incorrect information from RBMH; mistakes cannot always be rectified. RBMH sets neither the ticket price nor the allocation of price categories, nor where which seats or standing places are available. The organiser reserves the right to make insignificant or objectively justifiable casting or programme changes.
VII. Due date and payment methodsThe total price of the order, including all fees, is due to be paid immediately after ordering or conclusion of the contract. The payment methods offered can vary depending on the event. In most cases payment can be made by credit card (VISA, Euro MasterCard) and transfer (EPS Online and instant transfer) and Paypal. In case of any default in the purchaser’s payment, the purchaser is charged interest on arrears at the statutory rate.
VIII. Shipping and deliveryTickets are sent to the purchaser electronically by SMS and email. Furthermore the purchaser is shown the tickets directly after successful ordering and payment (if applicable). The tickets can be downloaded by the purchaser as a QR Code ticket onto a mobile phone, found at the link sent and/or he can print them himself (“Print@Home”).
IX. Transfer of ticketsTo avoid acts of violence and criminal offences in connection with the attendance of the event, to enforce the ban on entering facilities, and to prevent the transfer of tickets at inflated prices it is in RBMH’s interests to limit the transfer of tickets. The purchaser is therefore not permitted:
(a) to publically offer the tickets in internet auctions (e.g. eBay) or other internet marketplaces, or on radio, in the press or other media, or in any other way, if it is possible that a higher price would thereby be obtained than RBMH’s sale price, and
(b) to sell tickets commercially without RBMH’s express prior written consent, or offer them as part of competitions, travel or hospitality or publically use them for advertising or marketing purposes.
RBMH reserves the right to deny persons who violate the prohibitions above the right to buy to register for tickets in future and to suspend their current tickets without compensation and/or initiate further legal action.
At RBMH’s request the purchaser is obligated to disclose the names, dates of birth and addresses of those persons he has transferred the tickets to.
X. Liability, damagesRBMH is liable for the purchaser’s losses which were caused intentionally or by gross negligence, for the consequences of a guaranteed feature of the contractual service being absent, the consequences of a culpable violation of an essential contractual obligation (so-called cardinal obligations), the consequences of a culpable injury to health, body or life, or for damages which entail liability under the Product Liability Act, in accordance with the statutory provisions.
For other losses based on the violation of essential contractual obligations due to RBMH’s simple negligence, RBMH’s liability is limited to the foreseeable losses typical for the contract up to the value of the ticket at a maximum; compensation claims for other losses due to the violation of ancillary or inessential obligations are excluded in cases of simple negligence.
XI. Data protectionRMBH will process all personal information in accordance with applicable laws related to data protection and in accordance with the data protection statement.
XII. Right to one’s imageEach purchaser irrevocably consents for all current and future media to the gratuitous use of his image and his voice for photographs, live broadcasts, letters and/or recordings of picture and/or sound which are created by the organiser or those commissioned by him in connection with the event. Section 78 UrhG (Copyright Act) remains unaffected thereby.
XIII. Image and sound recordingsStaying within the event for the purposes of media reporting about the event (television radio, internet, print, photography) is only permissible with the organiser’s consent and in the area identified specially for media representatives. Purchasers are not permitted to take audio, photos or videos without prior consent from the organiser, unless these are exclusively for private, non-commercial use, nor to allow or support the public distribution and/or reproduction of sound, photography, film or video recordings, particularly over the internet or mobile communications or support another person in such activities. Equipment or devices which can be used for such activities may only be brought into the venue with the organiser’s prior consent.
XIV. Event location’s house rulesThe purchaser and/or attendee of the event are subject to the organiser’s house rules then in force. It is forbidden to take in bottles, glasses, cans, sticks, weapons, fireworks and other objects listed in the organiser’s rules.
XV. Severability clauseShould a provision of these GCS be invalid, the remaining provisions remain unaffected thereby. The invalid provision applies as if replaced by a provision whose content fits the intent and purpose of the ineffective provision as closely as possible in a legally effective manner. The same shall apply in the event of any lacuna herein.
XVI. Choice of Law, JurisdictionAustrian law shall apply hereto. The United Nations Sales Convention is hereby explicitly excluded. The contracting parties agree to subject themselves to Austrian domestic jurisdiction. If a transaction does not involve a consumer sale, the court competent for the City of Salzburg is agreed to have exclusive jurisdiction regarding the subject matter hereof.
Version of: August 2016