General Terms and Conditions

Kunstmeile Krems Betriebsges.m.b.H (private limited company)

1. General

These General Terms and Conditions apply to all of Kunstmeile Krems Betriebsges.m.b.H.’s services. A buyer’s (also known as “customer” in the following) deviating terms are only valid if the Kunstmeile Krems Betriebsges.m.b.H. agrees to such beforehand and in writing. By submitting an order, the buyer agrees to these terms and conditions and is subject to them. These General Terms and Conditions can be viewed on the Kunstmeile Krems Betriebsges.m.b.H.’s homepage and can be saved by the customer if so required.
Services offered by Kunstmeile Krems Betriebsges.m.b.H. are related to leisure activities and are to be provided at a certain time or within a specified period (leisure-time services).

2. Implementation of the contract

A customer’s order is a binding offer, which comes into effect as soon as all data required by Kunstmeile Krems Betriebsges.m.b.H. is disclosed. All customer data transmitted during the ordering process shall be treated confidentially and not passed on to third parties, unless the data is required to fulfill the contract. The Kunstmeile Krems Betriebsges.m.b.H. is free to accept offers on ticket or merchandise within 14 days from the receipt of the offer, or to refuse offers by sending an appropriate explanation to the customer. This is particularly the case if price increases have occurred in the meantime or if there are any errors due to mistakes in sales prospectuses, price lists or other documentation. Kunstmeile Krems Betriebsges.m.b.H. shall not accept any liability for such price increases or errors.

3. Prices and payment

All prices are to be understood as "gross prices" (including statutory value added tax), unless otherwise stated. Any shipping expenses incurred (postage) will be charged separately. Printing errors and individual price changes are excepted. Any import charges shall be borne by the customer.
The ticket or product price is to be paid immediately upon conclusion of the contract.

4. Shipping / Delivery times

Shipping is carried out at the expense and risk of the customer.
Domestically, the respective resulting shipping charges will be charged. Abroad, goods will only be shipped upon pre-payment.
If a customer is an entrepreneur, he or she is obliged to check the tickets/goods immediately and is also obliged to submit a letter of complaint immediately or else loses his or her warranty claims.

5. Methods of payment

A) The Kunstmeile Krems Betriebsges.m.b.H. accepts the following credit card(s) at the cash desk (POS): Master Card, American Express, Diners Club, Visa. It is also possible to pay in cash or with a debit card (Maestro).

B) Payment by invoice after receipt of shipment.

C) Payment in advance for orders from abroad. The goods will be shipped after receipt of payment.

6. No returns and exchanges

Ticket returns are not possible unless events are cancelled. There will be no refund for paid tickets. The right is reserved to change line-ups, programmes and starting times. These do not constitute grounds for the return of the ticket.

7. Group bookings and rentals

a) Cancellation conditions

Rentals:

• Cancellation up to 1 month prior to the start of the event: Free cancellation of the entire booking

• Cancellation up to 3 weeks before the start of the event: payment of 25% of the booking sum

• Cancellation up to 2 weeks prior to the start of the event: payment of 50% of the booking sum

• Cancellation up to 1 week before the start of the event: payment of 75% of the booking sum

• Cancellation less than 1 week before the start of the event: payment of 100% of the booking sum

Group bookings:

• Free cancellation of the entire booking up to 9 working days before the booked date.

• Within the last 8 working days before the booked date the cancellation fee is 50% of the total amount.

• Cancellations made on the booked day are not possible and the Kunstmeile Krems Betriebsges.m.b.H. considers itself obliged to charge 100% of the total amount.

b) Number of participants

Rentals and events:

• Up to 7 days before the start of the event: Announcement of the guaranteed minimum number of participants. In the case of partial invoices that are dependent on the number of persons, the minimum number of participants is invoiced in any case. If the guaranteed minimum number of participants is exceeded, the actual number of persons will be charged.

• When the guaranteed minimum number of participants is exceeded, this must be announced no later than three working days before the start of the event so corresponding preparation and realisation can be guaranteed. In the case of non-notification, any claims for damages shall be borne by the booking organization.

Group bookings: Up to 3 working days before the booked date: Announcement of the guaranteed minimum number of participants and desired number of groups. These will definitely be invoiced. If the minimum number of participants is exceeded, the actual number of persons will be charged.

c) Damages and losses

The booking organisation (lessee) is liable towards the Kunstmeile Krems Betriebsges.m.b.H. for all losses and damages to the rooms, the outdoor areas, the exhibition displays, the property of the Kunstmeile (Art Mile), the employees, guests, or visitors of the Kunstmeile (Art Mile) that arise though the fault of the booking organisation (lessee), its employees or participants in the event.

When renting the premises and/or open spaces for external events the regulations of monument protection authority must be complied with. All costs arising from security measures shall be borne by the lessee.

The Kunstmeile Krems Betriebsges.m.b.H. assumes no liability for any brought items. The booking organization has to provide for sufficient insurance itself for brought items.

d) Prices and payment

Kunstmeile Krems Betriebsges.m.b.H. reserves the right to change prices in the event of a date change of more than 90 days. After the order has been confirmed by the booking organization, an advance payment of 50% of the order sum is due. Should the payment terms not be met punctually, Kunstmeile Krems Betriebsges.m.b.H. can cancel the booking without giving reasons.

Payment shall be made immediately upon receipt of the invoice without deductions and cash discounts.

All costs incurred during the course of the event, also those which have not been confirmed, shall be invoiced to the booking organization. Booking organizations, which are not simultaneously the event organizers, shall be jointly and severally liable for the fulfilment of all made arrangements.

e) Legal authorisation and statutory taxes

For all events, for which the Kunstmeile Krems Betriebsges.m.b.H. is not the organizer, the booking organization or its client are responsible for punctually obtaining all necessary authorisation and for the payment of all statutory taxes. All costs resulting from registration as well as any costs for the presence of public bodies (as prescribed by law) shall be borne by the booking organization or its clients.

8. Entitlement

The customer is entitled to fulfilment only after the complete payment of the price in full. Until then the ticket remains the property of Kunstmeile Krems Betriebsges.m.b.H. The delivered goods remain the property of the Kunstmeile Krems Betriebsges.m.b.H until full payment of the purchase price and the dispatch charges has been made. Set-off of claims by the customer against the the Kunstmeile Krems Betriebsges.m.b.H. are not permitted. The customer is entitled to fulfilment only after showing a valid ticket (ticket with perforation).

9. House regulations

The customer must comply with the applicable house regulations.

Each valid entrance ticket entitles one person to visit the indicated exhibition as long as this person complies with the applicable house regulations. A valid admission ticket must always be presented to the staff of the supervisory services upon request. In the case of violations of the house regulations or the above provisions, the customer can be made to leave without refund of the entrance fee.

10. Copyright and other proprietary rights, protection of images

For copyright reasons and without special permission, any picture and/or sound recordings are prohibited before, during and after the performance or in the exhibition rooms.
In the case of television or film recordings, the visitor agrees that any recordings (photo, film, video) made by him or her during or in connection with the event/exhibition visit may be used for standard purposes without any remuneration.

11. Supervisory responsibilities

By purchasing the admission ticket, the visitor, in his capacity as a companion of a person who is not legally competent, is not relieved of his or her supervisory responsibilities and is liable for any damages resulting from a neglect of his or her responsibilities.

12. Privacy Policy

By ordering and using the services of Kunstmeile Krems Betriebsges.m.b.H., in particular by the purchase of tickets, the customer expressly agrees to the General Terms and Conditions. Thus, the customer also agrees that their personal data is used, processed and sent to establishments connected with the Kunstmeile Krems Betriebsges.m.b.H.

Consent can be withdrawn at any time; a notice of withdrawal of consent is to be addressed in writing to the NÖ Kulturwirtschaft GmbH, Kulturbezirk 2, 3109 St. Pölten, via fax: 02742/908041 or via e-mail office@noeku.at. To facilitate quick processing of the withdrawal notice, we recommend sending the notice to us by e-mail.

13. Place of fulfilment, choice of law and court of jurisdiction

The place of fulfilment is 3500 Krems, Franz Zeller Platz 3. Without prejudice to specific legislation for consumers, the relevantly competent court in Krems shall be legally responsible for all legal disputes arising out of or in connection with the present contract. Austrian law, to the exclusion of international reference standards, shall be deemed to have been agreed upon. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14. Conclusion

Should individual clauses of these General Terms and Conditions violate mandatory legal prescriptions (such as the prescriptions of the Consumer Protection Act), the remaining prescriptions of these General Terms and Conditions remain valid. We reserve the right to change our General Terms and Conditions at any time.

Kunstmeile Krems BetriebsgmbH
3500 Krems, Franz-Zeller-Platz 3

Telefon +43 2732 908010
Telefax +43 2732 908011
office@kunsthalle.at

Firmenbuchgericht: LG Krems an der Donau
Firmenbuch-Nr. FN 42192 y
UID: ATU 18558004
DVR: 0707384

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