GENERAL TERMS AND CONDITIONS OF THE ORGANISER ARCADIA LIVE GMBH

Version: November 2024


1. SUBJECT MATTER OF THE CONTRACT

These General Terms & Conditions (“GTC”) apply to all purchasers of tickets for events organised by Arcadia Live GmbH, Porzellangasse 7a, 1090 Vienna, (“Arcadia Live”).


2. TICKET SALE

2.1. Ticket sales and ordering process

Tickets for Arcadia Live events are sold via third-party platforms that broker tickets to end customers in our name and for our account. The ordering process on the third-party platforms is generally structured as follows: 

Buyers place the selected tickets in the shopping basket and can correct input errors there at any time before placing the order, before placing their binding order by clicking on the button labelled “order with obligation to pay” or a similar, clear formulation. After placing the order, the buyer will receive an automated order confirmation of receipt of the order by email. The order confirmation does not constitute automatic acceptance of the buyer's offer, unless explicitly stated otherwise. We can reject offers without giving reasons within three weeks of receiving the confirmation. 

Purchasers only acquire the tickets upon full payment of the ticket purchase price and are therefore not entitled to enter the booked event until this point in time.

2.2. Personalisation of tickets and ban on passing on tickets

At certain Arcadia Live GmbH events, all tickets are personalised. This means that only the person who holds the right to attend has the right to demand admission to the event. The respective name is part of the ticket. Only one person per ticket is authorised to attend the event.

The first name and surname you provide at the time of purchase will be noted on the ticket. If you purchase several personalised tickets, you are obliged to truthfully state the first name(s) and surname(s) of the other purchasers at the time of purchase.

In addition, you must confirm that these third-party names are not being used improperly. Based on the contract concluded, third parties for whom you have purchased a personalised ticket are also entitled to attend the event in accordance with these GTC. 

In order to attend the event, you or the person for whom you have purchased the ticket must be able to identify with a valid passport, identity card or driving licence upon request at the admission control.

2.3. Prohibition on the resale of tickets for commercial purposes, personalised tickets or tickets for which concessions, discounts or rebates have been claimed

The resale of non-personalised tickets for commercial purposes, of personalised tickets or of tickets for which concessions, discounts or rebates have been claimed is expressly prohibited. This applies in particular to secondary ticket and auction platforms such as willhaben, ebay, viagogo or stubhub.

If the purchase of tickets for individual events is limited to a certain number, you may only purchase this number of tickets in total, irrespective of the number of purchase transactions. Purchases in excess of this number of tickets by one person or several people associated with each other for the purpose of commercial or business ticket trading, e.g. by providing different e-mail addresses or different means of payment (in particular prepaid credit cards used for this purpose) as well as other circumventions, are expressly prohibited.

In the event of a breach of these prohibitions, Arcadia Live is authorised to block the affected tickets without replacement, i.e. without refunding the ticket purchase price paid. The ticket(s) will immediately lose their validity.


3. CANCELLATION RIGHTS

3.1. Basically no right of cancellation for buyers

Services that are provided in connection with leisure activities and for which there is a fixed date are excluded from the consumer's right of cancellation for distance selling contracts in accordance with Section 18 (1) (10) FAGG.

Arcadia Live reserves the right to make changes to the program and line-up due to technical problems or the absence of artists, insofar as these are reasonable, in particular because they are minor and objectively justified. Such changes do not authorise the return or exchange of tickets.

No refund is possible if a ticket is lost.

3.2. Regulation in the event of cancellation/cancellation of the event

Events may be cancelled due to technical defects, official and/or legal orders/requirements, illness or inability of the artists to perform or bad weather (in particular rain, hail or storms). Tickets can only be returned if the event is cancelled or postponed (unless the postponement is unreasonable). In this case, the ticket price will be refunded.

3.3. Regulation in the event of relocation or postponement of the event

Events may be postponed or relocated due to technical circumstances or seating capacity, provided that these changes are minor, reasonable and objectively justified. If the event is postponed to an alternative date, tickets can be returned by midnight on the day before the alternative event at the latest.


4. LIABILITY

Arcadia Live's liability for damage to property for which Arcadia Live is only slightly at fault is excluded. This limitation of liability does not apply to damages resulting from injury to life, limb or health of persons and to claims under the Product Liability Act. Furthermore, the limitation of liability shall also not apply to the breach of main contractual obligations by Arcadia Live or one of its vicarious agents.


5. FINAL PROVISIONS

Austrian substantive law shall apply to the exclusion of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence. 

The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for 1010 Vienna. This does not apply to consumers.

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