These general terms of business cover the sale and delivery of tickets by Niederösterreichische Kulturszene Betriebs GmbH. Different terms on the part of the purchaser (subsequently also referred to as "customer") are only valid if Niederösterreichische Kulturszene Betriebs GmbH has agreed those different terms in writing in advance. By placing an order the purchaser agrees to the general terms of business and is bound by them. These general terms of business are available on the home page of Niederösterreichische Kulturszene Betriebs GmbH and may be saved by customers if required. The services offered by Niederösterreichische Kulturszene Betriebs GmbH consist of recreational activities and are to be delivered at a specific point in time or within a precisely specified period of time (recreational services).
2. Advanced ticket sales
The start of advanced ticket sales depends on the programme planning of the venue concerned and is currently arranged as follows: Festspielhaus St. Pölten: sales of subscriptions begin on publication of the programme for the whole of the following season during April. The advanced sale of individual tickets for the whole of the following season begins during April, with the exception of bonus concerts and concerts in the ‘Tonkunstler Klassisch’ subscription series. Bühne im Hof: the sale of individual tickets and subscriptions begins with the publication of the spring programme in October or November of the previous year and the publication of the autumn programme in April or May.
3. Making a contract
The order made by the customer is a binding offer that becomes effective with the supply of all data demanded by Niederösterreichische Kulturszene Betriebs GmbH. All customer data supplied will be treated as confidential and not passed to third parties, except where this data is required to perform the service. Niederösterreichische Kulturszene Betriebs GmbH reserves the right either to accept offers to buy tickets within 14 days of receipt or to reject them by sending an appropriate explanation to the customer, particularly in cases where prices have increased during the intervening period or on the grounds that erroneous information was displayed in sales brochures, price lists or other documentation. In the event of such price rises or errors Niederösterreichische Kulturszene Betriebs GmbH cannot accept any liability.
4. Prices and payment
All prices are understood to be “gross prices” (including value added tax demanded by law). Postage costs are accounted for separately. The right is reserved to correct printing errors and make other price changes. Any import duties will be paid for by the customer. The price of tickets is payable immediately after the contract is agreed. The following exceptions may be made: bookings for groups, schools and for persons who for reasons of geographical distance are not in a position to collect tickets in person and also do not possess a credit card to pay by telephone must pay in writing (by e-mail, fax or letter). The exact number of persons must be confirmed four weeks before the performance. Payment can be made by payment slip, payment to a bank account (the price of tickets must be credited two weeks before the performance) or on collection of the tickets from the ticket office niederösterreich kultur karten (nkk). If there is no reply or payment by the customer, tickets will be cancelled. It is possible to order tickets in advance. Any claim to tickets that have been ordered but have not been paid for or cancelled four weeks before the performance expires and these tickets can be sold elsewhere. Only in exceptional cases with specific reasons is it possible to pay at the evening box office. Tickets which have been left at the evening box office and are not collected will be invoiced for. In order to take advantage of any reduction (e.g. Club Ö1, ÖAMTC, young persons etc.), appropriate identification must be shown either when buying the tickets in person or, if these have been bought by internet or telephone, when collecting the tickets at the latest. If appropriate identification cannot be presented, claims to a reduction are no longer valid and a surcharge must be paid to make up the full price of the ticket. Reductions can only be claimed at the time of purchasing the ticket and cannot be applied retrospectively. Only one form of reduction can be claimed at a time.
5. Methods of payment
Niederösterreichische Kulturszene Betriebs GmbH accepts the following credit cards: Master Card, American Express, Diners Club, Visa, JCB. It is also possible to pay in cash, by bank card (Maestro) and by payment slip. When purchasing tickets through the Onlineshop it is also possible to pay by EPS and instant transfer. Tickets will be dispatched by post upon request and for an additional fee or will be held for collection at the evening box office.
6. Dispatch/delivery times
Tickets will be sent at the cost and risk of the purchaser. A postal charge of € 2,- will be debited or € 5,- if the tickets are to be signed for. For subscribers postage is free of charge. The customer must check the tickets which have been sent immediately to ensure they are correct and complete and any complaint should be made without undue delay. Business customers are obliged to check their tickets immediately and make any claim directly at the risk of losing the benefits which have been guaranteed.
7. No right of return or exchange
Tickets cannot be returned or exchanged. No refunds will be made of the price of tickets already purchased. The only exception to this is in the event of a performance being cancelled. The right is explicitly reserved to make changes to the casting, programme and starting times of performances and these do not constitute valid reasons to accept tickets for return.
8. Cancellation of a performance
In the event of a performance being cancelled a ticket can be redeemed within two months from the date of the performance at the box office of the presenter or at the advanced ticket sales centre where it was purchased. In cases of cancellation, postponement or programme changes, no provision can be made to reimburse any related costs (travel, hotel etc.).
9. Claim to service
The customer may only claim the service after the price has been paid in full. Until that point the ticket remains the property of Niederösterreichische Kulturszene Betriebs GmbH. The customer may only claim service on presentation of a valid ticket (ticket with perforation).
10. Internal regulations
By purchasing a ticket the customer agrees to obey the internal regulations which are in force. Every valid entry ticket entitles one person to attend the specified performance in compliance with the relevant internal regulations. Front of house staff must be shown a valid entry ticket and, if claiming a reduction, the appropriate proof at all times. In the event of breaching internal regulations or the above rules the customer can be denied access to the performance without the price of the ticket being returned.
In order to allow the audience to watch the performance undisturbed, latecomers may only be admitted during internals or pauses for applause on instructions from the evening front of house manager.
We will be happy to advise you on our subscriptions and send you a form, asking you to complete and return it. As soon as the completed form arrives, a subscription contract comes into effect and these general terms of business are recognized as part of that contract. The subscription prices apply according to the relevant price list. Subscribers have the opportunity to exchange tickets for performances that they are unable to visit up to three working days before the performance concerned.
13. Recording of images or sound
Without special permission all recording of images and/or sound before, during and after the performance is forbidden. During film and television recordings, visitors consent that any recording of them (image, film, video) made in connection with the performance may be used in the usual ways free of charge.
14. Duty of responsibility
Purchasing an entry ticket does not relieve a visitor who is accompanying any person who is not fully legally competent of their duty of responsibility. The visitor remains liable for any damages arising from the neglect of those duties.
15. Consumer protection notice
As the services offered constitute recreational services covered by consumer protection law, the customer has no special legal right to withdraw from a contract made remotely or contractual declaration made remotely.
16. Rules for data protection
By ordering and using services provided by Niederösterreichische Kulturszene Betriebs GmbH, in particular the purchase of entry tickets, the customer agrees to these general terms of business. Niederösterreichische Kulturszene Betriebs GmbH is required to process personal data relating to the customer for business purposes. If the customer made a separate agreement which can be cancelled at any time to the use of personal data by the joint database “Vertriebsdatenbank der Betriebe der Niederösterreichischen Kulturwirtschaft” (§ 4 Z 13 iVm 50 DSG 2000), personal data acquired in the course of a business relationship with Niederösterreichische Kulturszene Betriebs GmbH will be shared with and used by the linked businesses of Niederösterreichische Kulturszene Betriebs GmbH. All institutions participating in the joint database “Vertriebsdatenbank der Betriebe der Niederösterreichischen Kulturwirtschaft” can be found on the home page of Niederösterreichische Kulturwirtschaft www.noeku.at under the heading “Gesellschaften”. Agreement can be withdrawn at any time. Notice should be sent in writing to Niederösterreichische Kulturwirtschaft GmbH, Neue Herrengasse 10, 3100 St. Pölten, by fax: 02742 / 90 80 41 or by e-mail email@example.com. In order to process your notice of withdrawl as quickly as possible, we recommend that you send to it us by e-mail.
17. Place of delivery and jurisdiction is St. Pölten
Irrespective of any special circumstances on the part of the user, the ruling jurisdiction for any legal dispute arising out of or in connection with the contract under discussion is the court with relevant responsibilities in St. Pölten. It is understood that Austrian law excluding conflicting international laws takes precedence. The terms of UN convention on contracts for the international sale of goods do not apply.
18. Final conditions
In the event that individual conditions of these general terms of business should prove contrary to overriding legal regulations (such as items of consumer protection law), all other conditions of these general terms of business remain valid. Niederösterreichische Kulturszene Betriebs GmbH Kulturbezirk 2, 3100 St. Pölten Contact: niederösterreich kultur karten (nkk) Rathausplatz 19, 3100 St. Pölten T: 02742/90 80 80 600 E: firstname.lastname@example.org www.festspielhaus.at or E: email@example.com www.buehneimhof.at commercial register number: FN 33308 h commercial register court: Landesgericht St. Pölten UID: ATU19844701 DVR: 0766763 Bank: HYPO NOE Landesbank AG IBAN: AT72 5300 0064 5222 3110 BIC: HYPNATWW