GENERAL TERMS AND CONDITIONS
(effective from 09.11.2018)
§ 1 In General
The general terms and conditions listed below are a component of all the offers and contracts regarding ticket purchase and publications as well as merchandize articles of the Viennale Film Festival. Different or conflicting terms of trade of the purchaser contradicting these terms and conditions only become subject terms of contract if they have been confirmed by Viennale in writing.
§ 2 Merchandise articles and Services
Viennale sells ticket vouchers for cinema tickets for the Viennale Film Festival 2019. All cinemas provide free choice of seating. Viennale reserves itself the right of short-notice changes in the program. There is no legal right to the purchase of tickets for a certain performance or a certain number of tickets. Viennale sells catalogues of the current program and retrospective as well as publications from previous years. Viennale further sells merchandise articles (key rings, catalogues) from previous years.
§ 3 Completion of Contract
Viennale regards the order of ticket vouchers, publications and/or merchandise articles as offer. Following the receipt of an order, the purchaser will receive a written confirmation (email) by Viennale. The order only becomes legally valid with the purchaser's receipt of this written confirmation (email) and his/her payment of the order.
§ 4 Right to withdraw from contract
Purchasers who are consumers according to the Consumer Protection Law have the right to withdraw within a time-limit of 14 working days, whereby Saturday does not count as working day, from a contract completed via distant selling (order via website) or a submitted contract statement about the purchase of merchandise (§ 3) without giving any reasons. The time-limit of withdrawal starts on the day of receipt of the merchandise (§ 5e KSchG). To keep the time limit it is sufficient to return the merchandise in time. Sending and confirmation of sending are at the purchaser's risk. The costs for reconsignment have to be taken by the purchaser. In case of punctual withdrawal the purchase price will be repaid upon receipt of the merchandise in simultaneous performance. In the case of returned merchandise that is impaired or damaged, Viennale has the right to charge a reasonable fee for reduction in value and/or use. Mere receipt of the merchandise by the purchaser is not regarded as use.
Apart from this case withdrawal or exchange after purchase of merchandise (§ 3) are excluded. Further there is no right of withdrawal from contracts on the purchase of tickets. Paid tickets (§ 2) are not taken back or exchanged.
§ 5 Terms of Payment
The purchase price of tickets, publications and merchandise articles is due immediately and can be paid by tele-banking or credit card. Viennale points to the fact that a sale only comes into being, if the bank or credit card company of the purchaser authorizes the payment. Viennale does not take liability for damages caused by the fact that the bank or credit card company did not authorize the payment.
§ 6 Prices
The listed prices are full prices, including the legally prescribed sales tax. Deliveries of publications and merchandise articles to countries outside the EU are considered as tax-free export deliveries and are not subject to the Austrian sales tax. We point to the fact that these orders can be subject to country-specific taxes and customs tariffs. Deliveries of publications and merchandise articles to employers within the EU are not subject to sales tax under Article 7 of the single European market regulation, provided that the ITIN number of the purchasing employer is being provided with the order. Deliveries of publications and merchandise articles to private persons within the EU are subject to the legally prescribed sales tax. The sales tax amount for all orders sent to a delivery address within the European Union will be listed in the email confirmation, which does not count as bill in accordance with the sales tax law (UStG). The invoice in accordance with the sales tax law will be sent with the delivery. Viennale adds a handling charge and partial dispatch costs on top of the listed prices for the dispatch of publications and merchandise articles. These amounts will be listed in the email confirmation.
§ 7 Collection or Delivery
Ticket vouchers and merchandise products of the Viennale festivals are sent by Viennale to the delivery address provided by the purchaser.
Posters of the Viennale can not be sent via mail. They can solely be collected on presentation of the confirmation email or on cash down at the Viennale office in 1070 Vienna, Siebensterngasse 2 on working days (Monday to Thursday between 10am and 5pm and Friday between 10am and 2pm).
Ticket vouchers for blocks of 10/20 tickets enable to the acquisition of 10/20 tickets for performances of the Viennale 2019 – on condition that the selected performances / screenings are not sold out. Tickets vouchers can be exchanged for tickets at the Viennale box offices. Vouchers for 10/20 tickets can just be exchanged into tickets at once, stepwise exchange is not possible.
§ 8 Postponements/Program Changes
Short-notice postponements of the start of the performances do not entitle the purchaser to return the ticket. It is the purchaser's responsibility to inform himself/herself about possible changes on the day of the performance. In the case of program changes tickets that have already been paid for will be taken back upon the announcement of the change at the advance ticket-offices and at the movie box office open on the evening of the performance. Apart from that, the return of tickets is only possible until the last day of the festival. In the case of a break off of the performance a substitute performance will be offered. Should this be impossible due to program, technical or other reasons, the ticket price will only be reimbursed by Viennale, if less than half of the film has been shown by the time of the break off. Viennale will not reimburse ticket-holders for tickets that are only partially used (e.g. because of being late for the performance) or tickets that have been lost.
§ 9 Sales of Tickets by Third Parties
The sale of tickets for the Viennale Film Festival by third parties on the premises of the cinemas and the advance ticket offices as well as via the Internet is not permitted.
§ 10 Data Protection
The purchaser gives his/her approval upon completion of the purchase contract that all personal data can be used, and in particular stored and processed as long as this is necessary for the fulfilment of the offered service. Personal data will not be passed on to third parties for their own business purposes. In our data protection declaration you will find further information about the personal data that Viennale collects from you through interaction with you and how we protect and use this data.
§ 11 Liability
Viennale does not take liability for slight negligence, compensation of consequential damage, financial loss, lost profit and damages claimed from the purchaser by third parties. Non-liability for slight negligence is not effective in the case of personal injury.
§ 12 Place of Jurisdiction, applied law
This contract is subject to Austrian law under the exclusion of the UN Convention of Contracts for the international sale of goods and the rules of conflicts of laws of international private law. Exclusive place of local and material jurisdiction for legal disputes arising from the contract is the district court for commercial matters in Vienna.
§ 13 Place of Performance
Place of performance for all services of the contract is Vienna.
§ 14 Severability Clause
If certain terms of the contract should become ineffective, invalid, void or contestable for whatever reason, this does not affect the validity and/or legal effect of the other terms of the contract. The ineffective, invalid, void or contestable term is to be substituted by a term closest to the economic regulation contents of the ineffective, invalid, void or contestable term.
RIGHT OF REVOCATION
You have the right to withdraw from this contract within 14 days without stating any reason.
The revocation period is 14 days and begins on the day the consumer or a third party other than the carrier and indicated by the consumer acquire the material possession of the goods ordered. To exercise your revocation right you must inform us
VIENNALE Vienna International Film Festival
Siebensterngasse 2, 1070 Vienna
Tel +43/1/526 59 47, Fax +431/523 41 72
of your decision to withdraw from this contract (e.g. by letter, fax or email). You may use the enclosed standard revocation form but are not obliged to do so. Dispatchment of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
Consequences of Revocation
Should you revoke this contract, we shall reimburse all the payments we have received from you, including delivery costs (with the exception of additional costs incurred by your choice of a delivery method other than the least expensive standard delivery offered by us) without any undue delay and no later than 14 days from the day we receive your notification of revocation of this contract. For this reimbursement we shall use the same payment method used by you in the original transaction, unless explicitly arranged otherwise; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received back the goods or until you have supplied evidence that you have returned the goods, whichever is the earliest.
You must immediately send back or hand over to us the goods and, in any case, no later than 14 days from the day of notification of the revocation of this contract. The deadline is met, if you dispatch the goods before the limited period of 14 days. You will bear the direct costs for the return shipment of the goods. You shall be liable for any diminished value of the goods resulting from handling other than what is necessary for the characteristics and functioning of the goods.