I. General provisions
Details of the Service Provider
In every country except Hungary:
|Name of the Service Provider||Cooltix GmbH|
|Registered seat and postal address||Vorgartenstraße 204, 1020 Wien|
|Tax identification number||ATU69759638|
|Registration number||FN 434585 x|
|Name of the Service Provider||Cooltix Kft.|
|Registered seat and postal address||1084 Budapest, József utca 3. 3/27|
|Registration authority||Fővárosi Bíróság mint Cégbíróság|
|Tax identification number||25730223-2-42|
|FAQ and Help Center||support.cooltix.com|
Availability: Weekdays from 9 a.m. to 5.p.m.
Customers outside Hungary enter into a contractual relationship with Cooltix GmbH. Hungarian Customers enter into a contractual relationship with Cooltix Kft.
Our sales partners, as a service provider, provide the services of the Cooltix system. Tickets sold by Sales Partners are also covered by these General Terms and Conditions.
|Name of the Service Provider||Analóg Audiovizuális Művészeti és Kulturális Alapítvány|
|Registered seat and postal address||8200 Veszprém, Viola utca 2.|
|Tax identification number||18976784-1-19|
|Name of the Service Provider||Debre Zoltán EV.|
|Registered seat and postal address||2646 Drégelypalánk, Bem utca 9.|
|Tax identification number||67256284-1-32|
|Name of the Service Provider||Tímár György EV.|
|Registered seat and postal address||1067 Budapest, HUNYADI TÉR 11. 3. emelet 31. ajtó|
|Tax identification number||69046218-1-42|
|Name of the Service Provider||Sipos Krisztián EV.|
|Registered seat and postal address||1213 Budapest, Orsova utca 14.|
|Tax identification number||55862057-1-43|
1. This General Terms and Conditions (hereinafter referred to as GTC) determines the conditions for the service regarding the purchase of admission tickets between the Service Provider And the natural or legal person using its Internet system (hereinafter referred to as Buyer) as well as the rights and obligations incurring between the Service Provider and the Buyer.
2. The Service Provider operates an online system (hereinafter referred to as System) primarily to help buying admission tickets and subscriptions (hereinafter referred to as Admission Tickets) of various Conferences, musical, sports and other events ( hereinafter referred to as Event) And to sell online products and services (voucher, book, sound carrier, parking ticket, etc.). The Service Provider ensures that the Buyers can buy Admission Tickets of Events listed in its System (hereinafter referred to as Service).
In addition to the sale of Admission Tickets, the Service Provide may occasionally sell other products (merchandising products, meals, beverages related to the Event, etc.). If the rules for the sale of products are different from the general rules, then it is specified in this GTC.
3. In case of an Event, with regard to the service exceeding the purchase of the Admission Ticket, that is, the actual conduct of the Event the Buyer will have a contractual relationship With the Event’s organiser (hereinafter referred to as Event Organiser). The Service Provider does not participate in the organisation and conduct of the Event; its activity and responsibility are only limited to the sale of Admission Tickets. The services provided by the Service Provider and the Event Organiser and their responsibility are separate. The conduct of the Event, according to those published, shall be the liability of the Event Organiser. The Service Provider shall not assume any liability for the actions of the artists, athletes or other performers of the Event visited by the purchased Admission Ticket or for the quality, conduct, implementation or postponement of the performance. The Service Provider shall sell admission tickets valid for the performances, cultural-artistic productions organised by the Event Organiser and the associated services. The Service Provider shall act as a commission agent contributing to the ticket sale as a mediated service.
4. The Service Provider shall not sell products which are subject to authorisation.
5. Natural people under 16 years old shall not purchase on the website. By clicking on the “Payment” button, the Buyer accepts the conditions of the contract on the Service and the provisions of this GTC. With the conclusion of the contract, the Buyer shall declare that he/she has understood the conditions contained in this GTC – especially the information included in point II of the GTC – and accepted to be bound by it, and he/she consents that his/her data necessary for the Service are processed within the scope of the GTC and the Data Privacy Rules.
If you choose to purchase with Simplepay, I acknowledge that my personal data stored by the data manager of Cooltix Kft. (1084 Budapest, József utca 3. 3/27.) Stored in the user database of https://cooltix.hu will be transferred to OTP Mobil Kft. (1143 Budapest, Hungária körút 17-19.) As a data processor. The range of data transmitted by the data controller is as follows: name, email address, billing address, purchase ID. The nature and purpose of the data processing activity performed by the data processor can be viewed in the SimplePay Data Management Information, at the following link: http://simplepay.hu/vasarlo-aff
6. The contract shall be considered a written contract. It is confirmed by the purchase data provided by the buyer and stored electronically which the Service Provider shall keep up to the deadline specified in laws on accounting and taxation. The data provided by the buyer, the data kept in the Service Provider’s system regarding the product, other data of the transaction (e.g. bank confirmation) as well as the text of the GTC collectively form the written contract.
7. The contract between the Parties is in English.
8. The Service Provider shall notify the Buyer, and the Buyer shall expressly acknowledge that the Service Provider is entitled to modify the GTC unilaterally. In case the GTC is modified, the Service Provider shall notify the Buyer through publishing the modifications on www.cooltix.at eight (8) days before the modification enters into force.
II. Information before the conclusion of contract regarding distance contracts
1. The Service Provider shall inform the Buyer about the following data. We kindly request our Buyers to study these data before ticket purchase (or the potential purchase of other products) and only purchase in the knowledge of these (by using the terms of the law: “conclude a contract”).
a) The essential characteristics of the service, namely, the Event can be found in the Event’s data sheet. The data sheet provides full information about the available tickets and their prices, in a gross form (it includes the VAT payable), by bank transfer which can be made in Australian dollar, Brazilian real, Canadian dollar, Czech koruna, Danish krone, Euro, Hong Kong dollar, Hungarian forint, Indian rupee, Israeli new shekel, Japanese yen, Malaysian ringgit, Mexican peso, New Taiwan dollar, New Zealand dollar, Norwegian krone, Philippine peso, Polish złoty, Pound sterling, Russian ruble, Serbian dinar, Singapore dollar, Swedish krona, Swiss franc, Thai baht and United States dollar. The Service Provider shall not sell products for which the laws specify the indication of a unit price (it can be sold in various packagings). The Buyer can see all data on the Service Provider’s website without registration or can make his/her purchase without registration.
b) The name of the service provider is included in point I.
c) The registered seat, postal address, telephone number, fax number, e-mail address of the business are included in point I. In case of ticket sales, the Service Provider shall act on behalf of the Event’s organiser. The name and postal address of the Event Organiser are included in the description of the event. The name and other ID data of the Event Organiser are also included on the front side of the Admission Ticket.
d) The business places of the Service Provider is the registered seat indicated in point I. The consumer may address their complaint to any addresses of the Service Provider indicated under point I.
e) The total amount including the value-added tax of the remuneration due for the product or service under the contract is included in the so-called “Basket” of the customer interface with the indication of the gross price of the ticket, the administration fee and the potential delivery fee. The consumer shall not pay other costs in addition to the indicated gross prices.
f) The Service Provider shall not apply indefinite or flat-rate contract. The amount of remuneration includes all costs regarding the given purchase.
g) The telecommunication provider of the Buyer may charge fee based on the individual subscription or other contract for the Internet, mobile or other electronic connection of the device on which the purchase is made (mobile phone, telephone, PC with Internet connection, tablet, etc.) or as the counter value of the special payment method (e.g. mobile payment). The Service Provider, however, does not apply any premium rate services.
h) The indicated prices include the total amount of the remuneration increased by tax in the currency of the purchase, set by the event organizer. They are gross prices, including the amount of VAT. Due to the nature of the service, the unit price cannot be indicated. If the Buyer has to pay an administration fee for the use of the System, the System indicates it clearly during the purchasing process. The administration fee is the Service Provider’s fee and not the amount charged because of the use of a bank card or another payment method. The selected delivery and payment methods (e.g. courier service) may involve other costs which the System clearly indicates. The total amount of remuneration includes all costs. In addition to the custom card bank card payment, the Service Provider may accept other payment methods, the detailed description of which is included in the Purchase Information of the Service Provider and the Frequently Asked Questions. The payment and the delivery of the electronic ticket to the e-mail account provided by the Buyer take place immediately, in real time.
In case of bank card payment method, we transfer you to a Payment Service Provider where you can use your bank card to settle the account. You have to provide your bank card details on the bank’s website, so they are not provided to the merchant under any circumstances. We charge your bank card with the total amount of the order after entering the order. Accepted bank cards: MasterCard, Maestro, Visa, Dina, American Express.
Tax included in the price and there is no hidden cost.
When entering payment card information, confidential information is transmitted via public networks in protected (encrypted) form using SSL protocol and PKI system, as it is currently state-of-the-art cryptographic technologies.
The delivery of e-tickets is not possible; the Service Provider sends them electronically. The performance of the service is automatic; the performance date is immediate. Rules regarding complaint management are included in point XII. of this document.
i) Information about the deadline until the consumer may exercise their withdrawal and termination rights and other conditions are included in point VII and Annexes 2 and 3 to this document.
j) Information about the costs for product return is included in point VII and Annexes 2 and 3 to this document.
k) The Service Provider shall not conduct transactions during which the consumer would have to reimburse the Service Provider’s reasonable costs because of the withdrawal and termination right of the consumer.
l) The Buyer shall not exercise his/her withdrawal or termination right if the Admission Ticket of the Event is valid for a given date. Information about the additional criteria of the consumer’ withdrawal and termination rights and other conditions is included in point VII and Annexes 2 and 3 to this document.
m) The legal obligations regarding implied and product warranty are included in point VIII and Annex 4 to this document.
n) The Service Provider operates a customer service on weekdays from 10.00 am to 5.00 pm which has the best attention of the Buyers via the e-mail address email@example.com.
The products sold by the Service Provider shall not be subject to the warranty obligation.
o) The Service Provider is not a signatory of and not subject to any code of conduct under the law on the prohibition of unfair commercial practice against the consumers.
p) The contract between the Service Provider and the Buyer shall be definite, its term in case of a ticket purchase lasts up to the date of the Event or the visit of the Event (e.g. Admission Tickets valid for a period of time), or up to the take-over of the product in case of other products.
q) The contract shall not be modified to an indefinite agreement.
r) During the purchasing process, the Buyer shall have no other obligations apart from the payment of the consideration.
s) The Buyer shall not provide a deposit or other financial security for the Service Provider.
t) The operation of the digital data content, technical protection measures: The availability of the servers providing data is above 99.9% / annum. We store the data content with RAID technology on several hard drives in the server. If any hard drive gets damaged, the system continues to operate with the remaining hard drives. We regularly back up the whole data content; thus, in case of a problem, the original data content can be restored.
u) The cooperation capability of the digital data content with hardware and software: We store the data in the MongoDB database. The sensitive data are stored using appropriate encryption, hardware support built in the processor ensures their coding.
v) The scope of the conciliatory body includes the resolution of disputes (consumer legal suit) between the consumer and the business regarding the quality and safety of the product, the application of product liability rules, the quality of the service and the conclusion and performance of the contract between the parties outside judicial proceedings. The task of the conciliatory body is to attempt agreeing to the parties in order to settle the consumer dispute; in case it is unsuccessful, the conciliator shall decide to in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. On request of the consumer or the company, the conciliatory body will provide advice on consumer rights and obligations. The conciliatory body is an independent body operating together with the county (capital) chambers of industry and commerce.
Please note that if our consumers with a residence in the European Union have a cross-border consumer dispute, so they can use the Online Dispute Resolution platform regarding the product or service purchased on the Internet. The Online Dispute Resolution is available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
III. Details of the Buyer
1. The Service Provider shall reserve the right to refuse the Buyer’s order in a justified case, thus especially if the Buyer provided fake or incomplete data or misused the System or the Admission Tickets in any way.
2. The Buyer shall assume full liability for the username and password belonging to their user account and all the purchases and other activities made through it. The Buyer undertakes to immediately notify the customer service of the Provider of the unauthorised use of their data or the violation of safety in any other manner. The Service Provider shall not be liable for the damages arising from the storage of the password or the provision of the user name and the password to third persons.
3. The Buyer shall declare that he/she provides valid data in the System. The Service Provider shall not assume liability for the damages arising from the wrong, incorrect or fake data or e-mail address. The Service Provider shall be liable for the performance and the issuance of the invoice in accordance with the data provided by the Buyer. The Buyer may anytime verify and modify his/her data. The Service Provider is entitled to delete the obviously wrong or fake data, and in case of doubt, it shall be entitled to verify the Buyer’s authenticity. In the case of such Events where the Event Organiser issues the Admission Tickets to a name, and they cannot be assigned, the Service Provider shall be entitled to verify the Buyer’s data in a way desired by the Event Organiser.
4. The Service Provider shall process the Buyer’s data in accordance with the rules of applicable legislation. The detailed data privacy rules are included in the Data Privacy Regulation, which is also available in the footnote of the customer platform.
5. Under the so-called “Basket” page, the Buyer may modify, delete or add further products to the basket during the purchase. In the subsequent so-called “Payment” page the Buyer can provide his/her data. If the data has to be corrected, the Buyer can anytime perform it until the so-called basket time or until he/she clicks on the “Payment” button. Subsequently, the payment is made – depending on the selected payment method – on the payment service provider’s website (the bank’s data input platform; data provided here is unknown to the Service Provider).
6. The Buyer has to provide his/her data once and in the case of each purchase if, during the preliminary registration, he/she gives a password. The Buyer may anytime prohibit the use of data for such purpose by unsubscribing.
7. With the use of the service, the Buyer agrees that the Service Provider transfer the data to data processors and the organiser of the given event so that the event’s organiser can provide information directly and promptly about the postponement of the event, the change of data or any other things, and the Buyer can arrange the redemption or exchange of tickets.
8. The Service Provider shall act with utmost care in connection with the processing and storage of personal data. However, the Service Provider shall not assume liability for the potential damages caused by attacks despite the due diligence.
IV. Online ticket purchase
1. The detailed rules for ticket purchase are included in the Service Provider’s Customer Information.
2. In accordance with the legal provisions, the web shops shall confirm the Buyer’s order within 48 hours. If the Buyer buys an Admission Ticket through the system of the Service Provider, the ticket purchase takes place almost promptly after successful payment, in real time and the Buyer receives the ordered Admission Tickets in an electronic format. Thus, instead of the order confirmation within 48 hours, the Buyer receives the confirmation e-mail (or another electronic message) including the Admission Ticket itself.
3. If the Buyer does not receive the purchased admission ticket within a few minutes after the purchase, it must be due to an ill-functioning connection. It is important that in such case the Buyer shall not repeat the transaction but contact the Service Provider’s Customer Service (firstname.lastname@example.org). Please note that if you do not receive a confirmation within 48 hours, then you are exempted from the bound, that is your order no longer binds you, and you are not obliged to receive or pay it.
V. Purchase price, payment and delivery terms
1. The detailed rules for payment, payment methods, the delivery of tickets are included in the Service Provider’s Customer Information.
2. The Service Provider shall not assume liability for the potential errors incurring during the bank payment.
3. The Service Provider shall send the automatic confirmation e-mail to the e-mail address provided by the Buyer. The Buyer shall be responsible for all damages arising from wrong e-mail addresses.
4. The determination of the ticket prices shall be the competence of the given Event Organiser. The
Service Provider shall reserve the right to modify the purchase price of the Admission Tickets any time based on the Event Organiser’s instructions, and the amount of the incidental expenses. The right to change price shall not apply to the already started purchases.
5. Putting the Admission Ticket to the basket shall not oblige the Buyer to purchase. If the Buyer does not want to buy the selected Admission Ticker, then he/she may anytime remove it from the basket or delete the whole content of the basket, or the basket time expires after 20 minutes (in certain cases the basket time may be longer or shorter which is indicated on the website clearly and continuously).
6. Reservation without payment within the Service is only possible in case of free tickets or products. The payment and the delivery of the electronic ticket to the e-mail account provided by the Buyer take place immediately, in real time. The delivery of e-tickets is not possible; the Service Provider sends them electronically. The performance of the service is automatic.
7. The Service Provider shall keep the electronic receipts of the purchase in its registered seat or the server park where the servers are stored (Digital Ocean).
8. The Service Provider shall send a so-called e-invoice (electronic invoice) to the Buyer. The electronic invoice is an invoice which includes the invoice data in the form of electronic signs. The electronic invoice may only be issued, forwarded and stored in an electronic form. Its paper-based version cannot be used as an authentic original document. The Service Provider shall automatically issue the e-invoice based on the data provided by the Buyer with the help of an e-invoice provider. The Buyer expressly declares by starting the purchase process that he/she accepts the e-invoice and the transfer of his/her data to the e-invoice provider. If the buyer provided a wrong name or address, and thus the invoice is issued with incorrect content, then the buyer has one possibility to request the modification of the invoice under the following circumstances: (i) if the issuance of the modified invoice is possible in the same fiscal year in which the original invoice was issued, and (ii) the original invoice was issued less than 3 months ago.
VI. Ticket types; special rules for self-printed tickets (E-ticket) and mobile tickets
1. Ticket types:
• Electronic voucher. After the purchase, the Service Provider sends a confirmation e-mail to the e-mail address provided by the Customer. The email contains the details of the Tickets purchased and a voucher ID. The voucher must be printed by the Customer and on the day of the performance the Ticket is issued by showing the printed voucher at the ticket office of the place of performance.
• E-ticket. After the purchase, the Service Provider sends an e-mail to the e-mail address provided by the Customer, which contains the E-ticket as an attached document. The E-ticket is a full-fledged electronic Ticket. The E-ticket number and QR code contain all the necessary information for electronic access. The QR code is checked electronically on entry to the Event site.
Delivery of the payment and the Electronic Voucher or E-ticket to the e-mail box provided by the Customer takes place in virtually real time immediately. The Electronic Voucher or E-ticket cannot be delivered to an address, the Service Provider will deliver it electronically. Service performance is automatic.
2. After the successful purchase, the Customer may download the self-printed tickets via PDF on its own account and print them out. E-tickets cannot be personally picked up at ticket offices or by post. The printed E-ticket can be used if the barcode and the code next to the barcode are legible.
3. Responsibility for the consequences and damages arising from the loss, theft, improper printing, copying, multiple printing of self-printed tickets is the sole responsibility of the Customer. The Customer shall bring the printed E-ticket with him to the Event. The Customer acknowledges and expressly agrees that the barcode on the E-Ticket will be electronically checked by the Event Manager at the venue of the Event and will be immediately invalidated. Entry is based on the first validation.
Thus, the first ticket valid for the entry of the Event Manager with the given barcode is valid. Any further attempts to enter are invalid and will therefore be ineffective, access to the event may be denied irrespective of whether the person showing the invalid ticket is the same as the one who originally purchased the ticket. Due to such exclusion, the Service Provider shall not be obliged to indemnify.
4. According to the Event Manager's decision, access to certain events may be possible for customers with the appropriate "smart phone" by displaying their phones. In this case, the Service Provider will deliver the ticket to the application (electronic wallet) downloaded by the Customer to his phone.
5. If the site belonging to the given event explicitly states this, concerning certain events and at the request of the Customer, the Service Provider undertakes to print the ticket on security, so-called "traditional" ticket paper and sends it by courier service at the expense of the Buyer. In this case, this delivery option, the courier service fee, and the delivery deadline are indicated in all cases on the Basket Page (in gross amount for the fee). In the case of products sold by the Service Provider, the delivery fee does not depend on the amount or weight.
VII. Right of withdrawal and termination
1. Purchase can be cancelled at any time, without any consequences, before the "Pay" button is pressed. The Customer may not exercise its right of withdrawal or its right of cancellation if the Ticket for the Event is for a specific date (for a given day, date). In this case, the Service Provider will not be able to either redeem the Ticket or refund the purchase value (except in the case of event non-performance).
2. In the event that the Buyer has purchased a ticket that is not for a specific time (e.g. museum ticket vouchers that can be used at any time, etc.) or if other products (such as books, brochures, merchandising products, etc.) were purchased besides the ticket that are covered by the rules of consumer withdrawal and cancellation, these rights can be enforced as follows:
a) In the cases described above, the right of withdrawal and termination can be exercised within 14 days of purchase by using the withdrawal and cancellation declaration attached as Annex 2 to this GTC or by any other express statement to this effect.
b) In addition to completing the refund form, for the e-ticket or voucher that is not valid for a specific time (e.g. free to exchange museum entry tickets etc.), the Customer must indicate the code number on the e-ticket / voucher. It should also be declared that the Customer has not used the ticket. The ticket does not need to be sent, as the Service Provider electronically invalidates it.
c) If the Customer did not buy a ticket, but a good or a ticket for an unspecified date in a printed form by courier service, he must return it to the Service Provider's head office no later than fourteen days following the notice of cancellation. The Customer shall bear the cost of returning the goods. The Customer shall be liable for any diminished value of the goods resulting from the use of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
d) If the Buyer is legally withdrawing from the contract, the Service Provider shall, without delay, but no later than within fourteen days of becoming aware of the withdrawal, refund the total amount paid by the customer as consideration. The Service Provider shall reimburse the refund amount in the same manner as the payment method used by the Customer. In the case of a contract for the sale of a product, the Service Provider may withhold the amount due to the Customer until the customer has returned the product or has proven without doubt to have returned it.
e) Further detailed information on the right of withdrawal and cancellation is attached as Annex 3 to this GTC.
VIII. Warranty, product warranty
1. Information on warranty and product warranty is provided in Annex 4 to this GTC.
IX. Limitations of Service Provider's Service
1. The Customer acknowledges that due to the characteristics of the Internet, the continuous operation of the System may be interrupted despite the Service Provider's prior knowledge and intent. Accordingly, the Service Provider does not guarantee the fault-free and undisturbed operation of the Service and the related website, or that access to the Service will be continuous or error-free.
2. The Service Provider is entitled to suspend the Service in part or in full without prior notice or notification for the purpose of maintaining the Service or the related website or for other security reasons.
3. The Service Provider shall make every effort to provide the interested ones with information received from the Event Managers. At the same time, the Service Provider is not responsible for any information or content related to each Event on the website of the Service that the Event Manager has recorded in the system itself, or the information received from the Event Manager has been recorded by the Service Provider's employee.
4. The Service Provider shall only be liable for damages caused by deliberate or grossly negligent fault of the Service Provider. The amount of liability should not exceed the value of the purchase transaction.
5. The Customer acknowledges that the Service Provider is not liable for any damage or abuse arising from or due to payment by credit card.
6. The Service Provider excludes liability for any damage caused by the breach of contract or unlawful activity or omission of the Customer, the Event Manager or the third party.
X. Event rules
1. The Event Manager is responsible for the event being held as announced. Name and other identification data of the Event Manager are found on the front of the Ticket. The Customer acknowledges that the Service Provider does not assume any responsibility for the Event being held, for the performance of artists, athletes, other performers, respectively the quality, management, implementation or non-performance of the event, for which the Ticket was purchased. In connection with participation in the event, a legal relationship and service obligation is created between the person presenting the Ticket and the organizer of the Event. This relationship is governed by the regulations on the official website of the Event or Event Manager. Therefore, the Service Provider may not be a party to any dispute between the Event Manager and the Customer (or the holder of the ticket at any time), which is due to insufficient quality of the Event or the non-performance of the event. The terms of participation, the house rules of the Event and the institution of the Event venue may vary considerably from one show to another and from one event to another. The Event Manager is entitled to determine these rules, so the Customer can inquire about these rules from the Event Manager.
2. The Ticket is freely transferable - unless the organizer of the given Event has defined different rules (in this case, the Event data sheet contains rules concerning this). The Customer declares that he will pass the Ticket to another person only if the new ticket holder has accepted the Service Provider's GTC.
3. Unless otherwise indicated on the Ticket, the Ticket entitles one person showing the ticket to a one-time entry to the Event indicated on the Ticket. No replacement of lost, damaged or destroyed Ticket is possible.
4. The starting date shown on the Ticket is indicative and the actual starting date may be different.
5. Depending on the Ticket type, it may include digital and analog security solutions that protect the Ticket against counterfeiting. If the Service Provider, Event Manager or Security Service at the Event venue detects that the security signs on the Ticket are damaged, incomplete, seem intentionally tampered or are deemed reproduced or copied, access to the person showing the Ticket may be denied or he may be asked to leave the Event venue. Due to the refusal of access for such reasons, the Customer shall not be entitled to claim any compensation from the Service Provider.
6. Certain Tickets only entitle the access of certain circle of users (child ticket, pensioner ticket, professional ticket, etc.). The Service Provider does not examine the existence of eligibility at the time of purchase. The Event Manager is authorized by the security service to verify that the person presenting the Ticket is entitled to use the special ticket. Entry may be denied until the person showing the ticket proves the right of use. In the event of such refusal of access, the Customer of the Ticket or the person showing the Ticket shall not be entitled to compensation.
7. In some cases, Tickets may only entitle to visit certain areas within the Event venue.
8. Everyone can only attend the Event at their own risk. Although the Event Manager will do its best to ensure the safe management of the Event, the Service Provider shall not be held liable for any potentially irresponsible visitors. Under the influence of stupor, drug or other consciousness modifier, the Event may not be visited even if a valid Ticket is presented.
9. On the Event, picture and sound recordings can be taken, on which the Visitors of the Event may be recorded; in this relation, the Visitor of the Event may not make any claims against the Service Provider.
10. In order to ensure the safe management of the Event and the uninterrupted entertainment of the Visitors present at the Event, the Event Manager may remove the Visitor breaching the house rules of the Event or the institution serving as the Event venue and the instructions of the security service and other law enforcement agencies. In the event of such exclusion, the Service Provider shall not be obliged to indemnify.
11. In the majority of the Events, the Event Manager reserves the right to any reasonable changes in the person or the role of the performing artist, actor, performer, etc. or in the Event.
12. In the case of an Event held in the open air, the Event Manager has the opportunity to announce an alternate event day (rain day). If the date of the rain day is announced, the Event Manager may at any time decide to hold the Event on the rain day. The Service Provider shall immediately inform Customers of this decision through the Cooltix site as soon as it receives the relevant information from the Event Manager. The Customer acknowledges that the right of withdrawal is not due to retention of the Event on a rain day. According to general practice in the profession, even in case of interruption due to weather conditions, early termination or delayed start, the Event should be considered as being held, if more than half of the Event was being held, respectively the commencement of the Event is delayed by less than 50% of the Event's planned duration or it has to be paused for less than 25%. The Event Manager is entitled to set different rules for the rain day and the partially held Events.
13. The Service Provider shall make all reasonable efforts to inform the Customer and facilitate the redemption of tickets in case of any Event non-performance. At the same time, the Buyer acknowledges that in the event of the Event not taking place, the Event Manager will decide on the process, location and deadline of the redemption of the tickets and the Event Manager shall be responsible for its implementation. The Service Provider shall immediately publish on Cooltix's website the information on the redemption as soon as they have been officially received from the Event Manager. In the absence of an assignment from the Event Manager regarding the redemption of the Tickets, the Service Provider shall not be obliged to redeem the Tickets or to reimburse the puchase price of the Tickets. The redemption can be made within the thirty (30) day notice period specified by the Event Manager, but not more than within 30 days following the announcement of the original ticket and proof of purchase. In addition to the purchase price of the Ticket, which must be redeemed by the redeemer at its full value, neither the Event Manager nor the redeemer shall reimburse any alleged or actual damage or expense. In addition to the Event's non-occurence, there is no way to redeem the Tickets. If the Event is not being held, the right to reimbursement of the price of the other services used in the course of purchasing the Ticket must be judged by deciding whether the individual services have been performed by the given service provider. The administration fee that may be charged is a fee for using the ticketing system and is thus not included in the ticket price. In case of the event not being held, the administration fee won't be refunded.
14. If, in the event of war, rebellion, acts of terrorism, strike, accident, fire, blockade, flood, natural disaster, severe energy disruption or other unforeseeable and unavoidable impediment outside the scope of the Customer or the Service Provider, one of them may not be able to perform their contractual obligations, this person shall not be liable for any loss or damage resulting from such events.
XI. Trademarks and copyrights displayed on the website
1. Trademarks appearing on the website of the Service are the exclusive property of the Service Provider or other rightholders. These marks may not be used, distributed or published by third parties in any manner whatsoever without the express and prior written consent of the Service Provider or rightholders.
2. The information available on the website and other documents are protected by copyright, and the rights attached to them belong to the Service Provider or the rightholders. No third party may use, copy, distribute, or disclose the information and other materials available on the Website without the express prior written consent of the Service Provider or rightholders.
3. The Service Provider receives unlimited and exclusive usage rights regarding the comments (e.g. chat, blog), opinions, suggestions and ideas provided by the Customer regarding the use of the website, but this does not imply that any entry, comment, etc. reflects the opinion of the Service Provider. The Service Provider is entitled to utilize, use, transfer, publish, delete or disclose the User's comments without any restriction and without the obligation to provide the Customer consideration in any way.
XII. The way complaints are handled
1. The registered seat of the Service Provider, the location of complaint handling, the mailing address of the customer service, the e-mail address, the Internet address and telephone number of the Service Provider are set out in Section I of the GTC.
2. The Customer may provide the Service Provider with a written or oral complaint to the Service Provider regarding his behavior, activity or omission directly related to the distribution or sale of the goods. The Service Provider shall examine the oral complaint immediately and, if possible, remedy it immediately. If the Customer disagrees with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes on the complaint and its relating position, and provide a copy of the complaint in person to the Customer in case of a verbal complaint. In the event of an oral complaint made by telephone or other electronic communications service, the minutes shall be sent to the Customer at the latest with the substantive reply.
3. The Service Provider shall respond to the Customer in writing within thirty days of receipt and send it to the Customer, primarily to the e-mail address provided by the Customer. The grounds for rejecting the complaint must be explained by the Service Provider. In case the complaint is rejected, the Service Provider must inform the Customer in writing which authority or arbitration board may he turn to for the investigation of his complaint - according to the nature of the complaint. The postal address of the competent authority or of the conciliation body of the Service Provider must be provided.
4. The Service Provider does not carry out any public service activities, so there are no special statutory rules applicable to service providers carrying out such activities (operation of special customer service, extended customer reception time, advance booking, continuous availability, five-minute check-in time, customer protection officer, etc.).
XIII. Final provisions
1. In order to make it possible for its customers who do not have the opportunity to study the GTC of the Service Provider on-line in a detailed manner to get acquainted with its purchase and ticketing rules, the Service Provider has requested ticket offices having a contractual relationship with the Service Provider to make this GTC, but at least the summary in Appendix 1 of the GTC availabe to all ticket purchasers, who purchase from the Service Provider's System in a prominent place in the office.
2. The Service Provider is entitled to use subcontractors, data processors. It is responsible for any subcontractors as if it had provided the service itself.
3. The present GTC is drafted in English and is governed by the rules of Austrian law.
4. In matters not regulated by the present GTC, the relevant provisions of the Civil Code apply.