Terms and conditions
General Terms and Conditions for the use of the citytixx.com online portal
1. Scope of applicability
1.1 The following General Terms and Conditions apply to the use of the online ticket sales portal of Citytixx.com GmbH, Renngasse 4/5/4 , 1010 Vienna, Vienna Local Court, ATU41952605 (hereinafter referred to as the 'Supplier') under the domain 'citytixx.com'. Through this portal, the Supplier provides its Users with the opportunity to acquire tickets for various cultural, sports or other leisure events and establishments from various operators (hereinafter referred to as 'Partners'). Throughout this process, the Supplier acts only as an intermediary in the name and on behalf of the Partner. The contract for admission to the event or establishment, as well as the services provided by the Partner (hereinafter referred to as the 'Event Contract') comes into effect directly between the User and the respective Partner (or the Organiser, in whose name the Partner is selling the tickets). Further information regarding the Supplier's services is provided in Section 2 of these General Terms and Conditions.
1.2 These General Terms and Conditions shall exclusively govern the legal relationship between the Supplier and the User booking the ticket. In addition, separate General Terms and Conditions stipulated by the Partner may apply for the Event Contract between a User and a Partner. Should the Partner's own General Terms and Conditions be used on the portal of the Supplier, this will be explicitly stated to the User during the order process. Furthermore, the User will be given the option to save or print these General Terms and Conditions. Finally, the User will be sent a copy of the Partner's General Terms and Conditions via e-mail along with their e-ticket.
1.3 During the order process, the User must also agree to be bound by these Conditions of Use. Other Business Terms and Conditions stipulated by the User are not applicable, even if the Supplier does not oppose them in individual cases.
2. Supplier's services
2.1 The ticket sales portal belonging to the Supplier is an online marketplace. Using this marketplace, registered Partners can advertise tickets, thereby declaring the non-binding invitation to submit an offer to conclude an Event Contract. No registration is required for the submission of an offer by a User. This option exists nonetheless in order to facilitate future orders.
2.2 The Supplier does not supply any tickets. Event Contracts are concluded exclusively between the Partner and the User. Thus, the Supplier is also not a party to the Event Contract concluded between the Partner and the User. The fulfilment of the respective obligations arising therefrom is carried out exclusively between the Partner and the User. Only the handling of the payment of agreed ticket prices from the User to the Partner is carried out via the Supplier. In this respect, the Supplier acts on behalf and for the account of each respective Partner.
2.3 The Supplier carries out no checks for completeness, accuracy or legitimacy on the tickets advertised on the platform, or on the accompanying information and content provided by the Partner, and therefore assumes no responsibility or liability. This also applies to the content of linked pages.
3. Conclusion of the mediation contract, legal declarations
3.1 By placing tickets on the portal, the Supplier makes a binding offer to conclude a mediation contract regarding the respective Event Contract with the Partner. The mediation contract with the Supplier comes about as soon as the User orders one or more tickets by clicking the 'Buy' button. Immediately after submitting the order, the User will once again receive confirmation via an automated e-mail.
3.2 During the order process, the User must confirm that they agree with these Conditions of Use. At the same time, they will be provided with the option of requesting these Conditions of Use as a PDF file and saving or printing them. The content of the User's order, and therefore the subject-matter of the mediation contract with the Supplier can be saved or printed by the User from the confirmation e-mail sent by the Supplier immediately after ordering. The Supplier will also make the Conditions of Use available to the User in this e-mail. The contract text is stored on the Supplier's internal systems, however this is only accessible to the user via the internet following order completion provided the User has registered on the website of the Supplier. In this case, the previous orders can be viewed in the user login area. The contract text is otherwise no longer accessible to the User via the internet.
3.3 Legal declarations can be sent to the User via e-mail.
3.4 Contract languages are German and English. The Supplier is not liable to any code of conduct.
4. Conclusion and execution of the Event Contract
4.1 Placing tickets on the portal does not represent a legally binding offer, but instead represents a non-committal request on the part of the Partner to make an offer for the conclusion of an Event Contract via the User. If the User wishes to purchase tickets, they must initiate the ordering process by clicking the 'Book Now' button. In this way, the selected tickets will be placed into the virtual shopping cart. The User can view their shopping cart at any time by clicking the 'My Cart' button and can delete tickets from the shopping cart by clicking on the 'Remove' button. The User can also change the number of tickets in the 'Quantity' field. The ordering process is continued by clicking on the 'Checkout' button.
4.2. After clicking the 'Continue' button, the User is asked to enter their details. Mandatory fields are marked with a *. At the same time, the User has the option of registering on the portal and creating their own user account. The User will then be able to order future tickets by entering their email address and password, without having to re-enter all of their information.
4.3 Prior to submitting their offer, the content of the order, including user information, will be summarised on an order overview page. Here, the User can check all of their details and correct these if necessary using the corresponding change buttons. By clicking on the 'Buy' button, the User is submitting a binding offer to conclude an Event Contract. The confirmation of receipt of the order is accompanied by order acceptance via an automated e-mail immediately after the order is sent off. This e-mail is sent by the Supplier on behalf of the Partner and is used at the same time by the Supplier to confirm the termination of the mediation contract. The Event Contract between the User and the Supplier comes into effect with the sending of this e-mail confirmation.
4.4 The content of the User's order, and therefore the subject-matter of the Event Contract with the Partner can be saved or printed by the User from the confirmation e-mail sent to the Partner by the Supplier immediately after ordering. The contract text is stored on the Supplier's internal systems, however this is only accessible to the user via the internet following order completion provided the User has registered on the website of the Supplier. In this case, the previous orders can be viewed in the user login area. The contract text is otherwise no longer accessible to the User via the internet.
4.5 The prices quoted on the portal pages include statutory VAT and other price components. Should delivery be carried out by post, these prices are subject to additional delivery costs. The delivery costs will also be displayed to the User on the overview page before submitting the order.
4.6 Payment for ticket prices will be processed by the Supplier immediately after the order is completed. Payment can be made by credit card, giropay and Maestro or via the 'sofortüberweisung.de' service. If credit card is selected as the payment method, this will be charged upon conclusion of the Event Contract. Should payment collection fail, the User must reimburse the Supplier for the additional costs incurred, provided they are responsible for the failure.
4.7 Ticket delivery will be carried out either by post or by e-mail as an e-ticket to the address provided by the User by no later than the next business day following the conclusion of the Event Contract.
4.8. In accordance with § 312 b Section 3 No. 6 of the German civil Code (BGB), the User does not have a distance-selling legal right of withdrawal.
4.9. During the checkout process, the User must specify the name of the person that will redeem the ticket. The Partner is only required to provide the services set out in the Event Contract for this named person. Therefore, the Partner is authorised to verify in advance the entitlement of the person presenting the ticket. This individualisation of tickets should exclude in particular improper use involving the multiple-use of easy to duplicate e-tickets. The transfer of the User's rights as set out in the Event Contract requires the prior express consent of the Partner, which must not be unreasonably withheld.
4.10 Should the Partner be required to refund the ticket price to the User, e.g. in the event that the event is cancelled or postponed, the Supplier will undertake repayment of the ticket price to the User upon instruction from the Partner. The User must to apply directly to the Partner in order to assert any further claims.
5. Availability and changes to the website
5.1 Entitlement to use the services available on the portal exists only in the context of the technical and operational capabilities of the Supplier. The Supplier strives for the uninterrupted usability of services as far as is possible. However, temporary restrictions or interruptions may occur due to technical problems (e.g. loss of power, hardware and software errors, technical problems in the data lines) or in order to carry out necessary maintenance. The legitimate interests of Users will be taken into account by the Supplier in such events. The Supplier's liability, provided for in Paragraph 6, remains unaffected.
5.2 The Supplier is entitled to change the layout of the website, provided this is reasonable for Users, taking into account the legitimate interests of the Supplier.
6. Supplier's liability
6.1 Any liability on the part of the Supplier exists - for whatever legal reason - only
a) in the event of intent or gross negligence on the part of the Supplier, a legal representative, a senior executive or other agents;
b) in the event of any culpable breach of an essential contractual duty, of delayed performance or the impossibility of performance, in each case based on the respective merits. The expression 'essential contractual duty' describes a duty in the abstract, the fulfilment of which is an essential pre-requisite for the due implementation of the contract, and on whose fulfilment the respective other party can rely as a general rule.
6.2 Liability under Section 6.1 lit. b) is limited to assets and property in the amount of typically foreseeable damages.
6.3 The above limitations do not apply to any mandatory statutory liability, in particular under the Austrian Product Liability Act in the event of assumption of warranty, as well as in the event of culpable injury to life, body and health.
6.4 Where the liability of the Supplier is excluded or limited, this also applies to the personal liability of staff, employees and other employees and agents.
7. Final provisions
7.1 These General Terms and Conditions are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
7.2 Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the remainder of the General Terms and Conditions will remain in effect. The relevant statutory provision will come into effect in place of the invalid provision.