TERMS AND CONDITIONS (GTC)
of Barracuda Music GmbH, Alser Straße 24/13, 1090 Vienna (the "Organizer")
1. By purchasing a ticket, the customer submits to the house rules, the information, prohibitions and safety instructions of the Organizer and the venue stated on the ticket as well as these terms and conditions. The admission regulations of the respective house rules also always apply. General terms and conditions of third parties shall not apply.
2. Every ticket order is binding and commits to accept and pay for the ordered tickets. Pursuant to Section 18 para 1 number 10 of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) a right of withdrawal does not apply to services provided in connection with leisure activities. Therefore, customers do not have a right of withdrawal.
3. The purchase process on the online platform is divided into several steps (selection of the ticket, completion of the customer’s personal data such as name and email address, confirmation email). The customer can correct input errors at any time and at the latest before the binding dispatch of the order by returning to the previous website by clicking the "back" button. There the entered data can be corrected. The buyer can cancel the purchase process at any time by closing the web browser. After placing the order, the buyer will receive an order confirmation by e-mail. This confirms the receipt of the buyer's order and serves as an invoice for the purchase. It contains all information about the order (including the ticket ordered, price). All prices are stated in Euro and include VAT and fees (unless expressly stated otherwise) but exclude any shipping costs.
4. The Organizer (or venue operator) reserves the right to make any changes to the line-up, program and dates of the event at any time, to the extent such changes are reasonable, minor and objectively justified. Date changes due to COVID-19 (or other cases of force majeure) are considered reasonable, minor and objectively justified in any case if the new event date is no more than 18 months after the original event date. Tickets for postponed events remain valid in these cases and can be used for the new event date; in this case, no new tickets will be issued.
5. The customer shall not be entitled to a refund in case of such changes. Customers shall not have any claims against the Organizer, if one or more bands or artists are cancelled or only parts of the venue can be used (e.g. due to Force Majeure). In the event of a cancellation, postponement or change in program or cast (for example as a result of force majeure), which have not been caused by the Organizer’s (or venue operator’s) fault, or which is caused by the artist(s), customers shall not be entitled to any reimbursements of expenses of any kind (such as hotel, travel costs, shipping costs, processing fees, etc.). The Organizer will inform about cancellations, postponements, significant changes or repetitions of cancelled events via e-mail or online (e.g. on the website of the Organizer and/or the ticketing company and/or the venue operator).
6. "Force Majeure" within the meaning of these terms and conditions is any extraordinary event that is beyond the reasonable control of the Organizer, that has a direct impact on the event and makes the event impossible, impracticable or unsafe. This includes in particular, but not exclusively: threats from terrorism or war, public disasters, epidemics or pandemics, laws, regulations, notifications or decisions of a national, international or other competent authority, including national and international travel and / or entry restrictions and other restrictions and / or conditions that are likely to impair the profitability of the event (e.g. regulations on maintaining safety distances or restrictions on the number of visitors allowed). It is stated that the COVID-19 pandemic (or any other pandemic or epidemic) as well as any laws, regulations or notices of a public authority that have been issued in connection with such a pandemic or epidemic are considered to be a case of Force Majeure within the meaning of these terms and conditions regardless of whether this was foreseeable or not.
7. With the exception of a complete cancellation by the Organizer, it is not possible to return tickets (exchange or buy back). All reasonable requirements and measures stipulated by law, officials or the Organizer (including wearing mouth and nose mask or a protective mask, performing health tests or presenting them or presenting a proof of vaccinations) must be met and considered by all visitors without exception. If a visitor does not comply with such a requirement or measure (for whatever reason), the Organizer shall be entitled to deny the visitor access to the event without compensation or to expel the visitor from the event site. In these cases, the customer is neither entitled to return the tickets, nor are they entitled to any other (replacement) claims against the Organizer.
8. In the event of a complete cancellation of an event, the ticket(s) can be returned for refund. Customers will be informed about the procedure of such refund the website of the Organizer, venue operator or venue in due time after the cancellation. In the event of a refund, any fees cannot be refunded, as the corresponding services have already been provided in the course of the contract's execution. The amount of the fees may vary, but usually amounts to approximately 10 percent.
9. Notwithstanding clause 8, the following applies to events that have been cancelled due to the COVID-19 pandemic or other cases of Force Majeure: Customer will be issued a voucher for the amount to be refunded instead of a cash refund of the ticket price. With regard to the value of the voucher to be issued, the provisions of the KuKuSpoSiG apply (mutatis mutandis). The customer will also be given the opportunity - regardless of the applicability of any thresholds relating to the issue of vouchers - to have a voucher issued for the entire amount to be refunded.
10. Vouchers are transferrable and can be given to any natural person. The owner of the voucher can use the voucher to pay for another event of the Organizer. More detailed information about the redemption modalities will be displayed on the website of the Organizer.
11. If an event is not completely cancelled in cases of Force Majeure, but the maximum permissible capacity of the event is reduced (e.g. due to regulations on maintaining safety distances or the restrictions on the maximum number of visitors), the Organizer shall be entitled to decide at its own discretion which customers are entitled to attend an event. For those customers who are not entitled to attend an event as a result of such decision, the provisions of points 9 and 10 (voucher) apply. The regulation according to point 13 (payment of compensation) shall not apply in these cases.
12. Each visitor agrees to the use of images taken during the event (including photo, film or similar media) for the purpose of advertising future events. In the case of television (FS) and/or streaming transmission as well as photo, video and sound recordings by the Organizer or persons commissioned by the Organizer, the participant expressly grants the transmitting FS-station as well as to the Organizer the right to use such recordings made during or in connection with the event without compensation and without time or space restrictions by means of any current or future technical process.
13. Overbooking / Organizer repurchase right: If an event is overbooked and the Organizer is thus (legally) obliged to prevent customers from attending an event, the Organizer will use its reasonable best efforts to agree with customers to voluntarily refrain from attending the event and to return their tickets in return for a certain refund. Furthermore, the Organizer shall be entitled to buy back tickets purchased by the customer unilaterally at any time (even on the day of the event). The amount of the repurchase price shall correspond to the purchase price actually paid by the customer for the tickets plus a lump sum compensation payment of 50% of this purchase price. The customer shall not be entitled to any additional (reimbursement) claims in connection with the exercise of the Organizer’s right of repurchase. In the event that the maximum permissible capacity of an event has to be reduced due to cases of Force Majeure and customers therefore cannot attend that event, this section 13 does not apply; section 11 of these terms and conditions shall apply exclusively.
14. Sound, film, video and photo recordings by visitors are not permitted. In case a visitor fails to comply with such rule (especially when taking photos with a flashlight!) the Organizer shall be entitled to retain the recording device until the end of the event. No umbrellas, bottles or other dangerous objects, etc. may be taken into the event area. The Organizer (or the venue operator) may stipulate further relevant provisions - to be observed by the visitor - in separate house rules or information and / or safety instructions.
15. Visitors are not entitled to any compensation in the event of loss of a ticket. Tickets may not be misused, copied or altered. Validated tickets (i.e. tickets without ticket stubs) are not valid. Upon leaving the venue tickets lose their validity. Misuse will be prosecuted. Visitors are responsible for their own journey to the venue and for arriving on time.
16. Tickets may only be used for competitions/raffles with the consent of the Organizer. The Organizer reserves the right to personalize tickets for events selected by him (to ensure a social prize structure and/or for security reasons or similar). Personalized tickets are generally not transferable; the Organizer will inform the purchaser about any limitations on the transferability of personalized tickets before purchasing tickets.
17. At concerts, there may be a risk of damage to hearing and health due to the music volume. To the extent legally permissible, the Organizer shall not be liable for any damage to property or personal injury. Open air events may take place in all weather conditions. Suitable equipment must be provided by the visitors themselves. (however, for safety reasons it is forbidden to bring umbrellas).
18. All information on data protection is available at http://barracudamusic.at/datenschutz.
19. We are entitled to amend these terms and conditions in order to adapt them to the legal and economic framework. Changes to these terms and conditions will be sent to the visitor to the last known e-mail address. The amended terms and conditions are deemed to have been approved by the visitor if he does not object in writing within one month of delivery. We undertake to point out the one-month period in writing when sending the amended terms and conditions.
20. This agreement is exclusively governed by Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods, the referral norms of the IPRG and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) shall be excluded. The exclusive place of jurisdiction for entrepreneurs shall be the competent court for Vienna Inner City.