Terms and Conditions

General Terms and Conditions of Theater im Park TiP Betriebs GmbH

KLANGLICHT IM PARK Version

1. Scope of the General Terms and Conditions

These General Terms and Conditions, hereinafter referred to as the “GTC”, apply to all legal relationships between customers and/or visitors and Theater im Park TiP Betriebs GmbH, hereinafter referred to as the “Organiser”, in connection with the purchase of admission rights and/or the visit to the festival “Klanglicht im Park”.

“Klanglicht im Park” is a temporary, walk-through light, sound and experience festival held in an outdoor and/or park setting. The festival is scheduled to take place each year from October until early January; in the event of an extension, the festival period may be extended until February.

In addition to these GTC, any house rules issued for the event site in their currently valid version shall also apply. By purchasing an admission right and/or entering the event site, the visitor accepts the house rules, the information, prohibitions and safety instructions issued by the Organiser and the event venue, as well as these GTC.

Any individual agreements deviating from specific provisions of these GTC shall apply only to those specific provisions and require the Organiser’s prior, express and written confirmation in order to be valid. Silence in response to terms and conditions issued by customers shall under no circumstances be deemed acceptance.

Where ticket sales are processed through sales partners of the Organiser, the terms and conditions of such sales partners shall apply in addition to these GTC. All rights and obligations arising from the Organiser’s GTC must also be imposed on third parties, in particular sales partners.

2. Conclusion of Contract and General Contractual Provisions

The contract for visiting “Klanglicht im Park” is a contract for the provision of a leisure service at a specific time and/or within a specific period. Booking a ticket does not constitute a purchase contract for an item, but rather the issuing of proof in the form of a ticket, entitling its holder to visit “Klanglicht im Park” on the booked day and within the booked timeslot.

The Organiser endeavours to provide its customers with the best possible service when booking tickets. However, customers have no legal entitlement to book one or more tickets for a specific day or timeslot. In particular, the Organiser reserves the right to refuse certain persons the booking of tickets for a specific period of time or, in serious cases, permanently, if such persons disrupt the orderly booking of tickets, the operation of the festival or other visitors, or act contrary to the house rules or the instructions of the Organiser’s staff.

Every ticket order is binding and obliges the customer to accept and pay for the tickets ordered. Customers must be of legal age in order to book tickets. The contractual language is German. The prices stated are in euros and include the applicable statutory value added tax.

The Organiser is entitled to collect names and contact details of customers, in particular e-mail addresses or telephone numbers, when tickets are purchased, to personalise tickets for organisational, security-related or other objectively justified reasons, and to verify the identity of the customer and/or visitor before admission.

The transferability of tickets may be restricted or excluded by the Organiser. The Organiser will inform customers before the purchase of tickets of any limited possibility to transfer personalised tickets.

3. Ticket Types, Timeslots and Admission

For “Klanglicht im Park”, timeslot tickets are generally sold. No tickets are offered for individual performances or separate individual events. The ticket entitles the holder to enter the festival site on the booked event day within the booked timeslot.

Depending on the respective event day, the season and organisational requirements, timeslots are scheduled to begin in particular from 4:30 pm, 5:00 pm or 6:00 pm and are generally offered every 30 minutes until 9:00 pm. If required, the Organiser may also offer timeslots at 15-minute intervals.

The booked timeslot refers to the time window within which admission to the event site is possible. Visitors must arrive at the entrance in good time. In the event of late arrival, there is no entitlement to priority admission, admission during a later timeslot, refund, exchange or any other compensation. However, the Organiser will endeavour to admit late-arriving visitors, subject to capacity and the safety situation.

Staying on the event site is only permitted during the applicable opening hours and in compliance with the house rules. For organisational, security-related or weather-related reasons, the Organiser is entitled to direct visitor flows, set up waiting areas, adjust route guidance or temporarily or permanently close individual areas.

4. Online Ticket Booking

Customers can book tickets for “Klanglicht im Park” via the online shop at:

shop.klanglichtimpark.at

The Organiser reserves the right to change, restrict, expand, temporarily suspend or completely discontinue the ticket, timeslot, capacity and/or price offer for online bookings at any time and without prior notice.

The ordering process in the online shop consists of several steps. Input fields can be corrected before the order is submitted in a binding manner. The ordering process can be cancelled at any time by closing the internet browser.

After selecting the desired visit date, timeslot, ticket category and number of tickets, the selected tickets are displayed in the shopping cart. From this point on, the selected tickets may be reserved for a limited period of time. If the booking process is not completed within this period, the tickets may be made available to other persons again.

Before submitting the order, customers must provide their personal or company-related data and agree to these GTC and the privacy policy. Customers may also indicate, where applicable, whether they wish to be informed about future events and promotions by the Organiser.

For online bookings, the Organiser accepts the payment methods displayed in the online shop. The payment methods available may vary depending on the time, the technical system and the payment service provider.

By clicking the button that completes the order with an obligation to pay, the customer submits a binding offer to conclude a contract. Once payment has been authorised, a confirmation of the ticket booking will be sent by e-mail. By sending this confirmation, the Organiser accepts the customer’s contractual offer.

Tickets are generally provided electronically, in particular by e-mail and/or as digital tickets. The customer is responsible for providing a correct e-mail address and ensuring that the tickets can be retrieved, saved or presented in machine-readable form in good time.

5. Booking Tickets through Sales Partners

When ordering tickets for “Klanglicht im Park” on platforms operated by sales partners, the customer submits a binding offer to conclude a visitor contract with the Organiser. The customer’s order is processed by the respective sales partner.

An order confirmation issued by the sales partner does not necessarily mean that the contract has been concluded; it initially only confirms receipt of the order by the sales partner. The contract with the Organiser is concluded only once the sales partner also accepts the customer’s offer with effect for the Organiser.

The respective sales partner shall provide confirmation of the concluded contract together with all relevant information.

The Organiser assumes no liability for the services, technical systems, price surcharges or other conditions of unauthorised ticket providers.

6. Rules for Sales Partners and Resale

The commercial resale of admission rights is permitted only to sales partners of the Organiser and is prohibited without the Organiser’s prior written consent.

Admission is granted only with a valid ticket. The Organiser may refuse to sell tickets or issue replacement tickets to companies and persons who trade commercially in tickets without consent or serve corresponding networks.

The Organiser assumes no liability for the validity of tickets sold by other, unauthorised ticket providers, for their services or for their price surcharges.

The use of data material for advertising purposes, in particular text, audio, image and video material, is permitted only with the Organiser’s prior consent. Sponsors and sales partners must comply with the agreed terms of use and image credits.

The Organiser hereby expressly objects to the applicability of any general terms and conditions of sales partners.

Sales partners may set off only legally established claims against claims held by the Organiser against them.

7. Admission Rules

For security reasons and to ensure smooth admission controls, the following admission rules apply. The Organiser is entitled to carry out bag checks and security checks.

Subject to deviating rules on site, the following items may be brought onto the event site:

bags of customary size, which may be checked upon admission;
small plastic bottles up to a maximum of 0.5 litres;
weather-appropriate clothing;
hats, scarves, gloves;
small seat cushions or warming cushions, provided they do not disrupt operations;
prams, insofar as the local conditions and safety situation permit.

The following items may not be brought onto the event site:

glass bottles, glasses, thermos flasks, cups and cans;
food, unless expressly permitted;
professional photo and video equipment, in particular telephoto lenses, additional lenses, tripods, camera bags and audio recording devices;
selfie sticks, laser pointers, drones, laptops and tablets, with the exception of mobile phones;
suitcases, trolleys, bicycle and motorcycle helmets, sledges, sliding devices, stick umbrellas and bulky items of any kind;
knives and any items as defined by the Austrian Weapons Act;
pyrotechnic items, fireworks, torches, sparklers or other open flames;
animals, with the exception of assistance dogs with certification and, where possible, prior registration;
other items which, in the Organiser’s opinion, are suitable to endanger or disrupt operations, safety or other visitors.

The Organiser may issue further relevant provisions in separate house rules, information and/or safety instructions.

Visitors may be refused admission if there is reasonable cause to believe that they will disrupt the festival, harass other visitors, or fail to comply with the admission rules, house rules or official orders. Admission may also be refused if visitors have failed to comply with the terms and conditions or house rules at previous events.

Persons who obstruct ticket sales, in particular by attempting to offer or resell tickets privately on or in front of the event site, may be removed from the event site.

8. Rules of Conduct on the Event Site

Visitors undertake to comply with the house rules, signage, safety information and instructions issued by the Organiser, the stewarding service, security personnel and other authorised persons.

Visitors undertake to refrain from any disruption of festival operations and, in the event of violations, to leave the site immediately upon request.

Visitors must show consideration for other visitors, in particular children, elderly persons and persons with limited mobility. Narrow passages, paths, emergency exits, escape routes, barriers and technical installations may not be blocked, entered, moved, damaged or manipulated.

Entering closed areas, technical installations, stage, lighting, sound, power or decorative elements, as well as green spaces or park areas not released for visitors, is prohibited.

Smoking, the use of open flames and the handling of easily flammable items are permitted only in areas where this is expressly allowed.

Image and sound recordings by visitors are generally permitted for private purposes, provided that they do not disrupt festival operations, technical installations, other visitors or safety procedures. Professional photo, video and sound recordings, as well as recordings for commercial purposes, require the Organiser’s prior written consent.

9. Special Weather and Winter Regulations

“Klanglicht im Park” is an outdoor event held during the autumn and winter season. Visitors must therefore expect seasonal weather conditions, in particular cold, wet conditions, rain, snow, slush, ice, slippery surfaces, freezing rain, fog, wind, storms, leaves, restricted visibility and slippery or uneven ground conditions.

Visitors are obliged to wear clothing appropriate to the weather and ground conditions, as well as suitable footwear. In particular, sturdy, non-slip and winter-appropriate footwear is recommended. The visit takes place with due regard to the natural and seasonal conditions of a park and outdoor site.

The Organiser endeavours to keep the generally accessible visitor areas safe for use within reasonable limits and in accordance with the local conditions. Nevertheless, weather-related risks such as slippery surfaces, risk of slipping, snow residues, wet conditions, uneven ground, puddles, leaves or restricted visibility cannot be completely ruled out.

For safety reasons, the Organiser is entitled to temporarily or permanently close individual paths, installations, attractions, areas or the entire event site, redirect visitor flows, delay admission, adjust timeslots, restrict or interrupt festival operations, or cancel them.

A restriction of individual installations, paths, light, sound or programme elements for technical, organisational, safety-related or weather-related reasons shall not automatically entitle visitors to return or exchange tickets or to a price reduction, provided that the overall character of the festival visit is preserved.

10. Cancellation, Interruption, Changes or Restrictions to Festival Operations

Minor or objectively justified changes to the programme, route, installations, light, sound or accompanying elements, opening hours or admission organisation are reserved and do not entitle visitors to return or exchange tickets or to a price reduction.

The Organiser is entitled to cancel, interrupt, restrict, reschedule or close individual areas of festival operations, in particular for the following reasons:

technical defects;
power failure or malfunctions of technical installations;
official or statutory orders or requirements;
safety concerns;
overcrowding or necessary visitor management;
illness, impediment or failure of participating service providers or contributors;
poor or dangerous weather conditions;
storms, thunderstorms, hail, heavy rain, snowfall, freezing rain, fog, slippery surfaces, ice formation, snow breakage, falling branches or other natural events;
force majeure.

If the weather or safety conditions do not allow normal festival operations, the Organiser reserves the right to delay admission, reschedule timeslots, stop the visitor flow, temporarily evacuate the site, interrupt operations and resume them later, or cancel the respective event day. The decision lies with the Organiser and is made according to the safety situation, where applicable in consultation with authorities, emergency services or the event venue.

Short-term delays to admission or individual timeslots do not entitle customers to return tickets. It is the customers’ responsibility to inform themselves on the event day about any changes, in particular online via the website and/or online shop, the Organiser’s social media channels or other information channels announced by the Organiser.

In the event of the complete cancellation of a booked event day, the ticket may, subject to availability, be rebooked for another date or returned for a refund of the ticket price. The Organiser may also offer a voucher in the value of the ticket price, insofar as this is legally permissible.

If festival operations are cancelled after admission has already taken place for safety, weather-related or other reasons, the Organiser shall decide, taking into account the visit already made possible, the remaining duration of the visit and the overall circumstances, whether a rebooking, replacement date, voucher or refund will be offered. There is no entitlement to reimbursement of any other costs.

In the event of cancellation, postponement, restriction, change or interruption, no expenses of any kind shall be reimbursed, in particular hotel, travel, transport, parking, catering, accompanying or other consequential costs.

11. Exchange, Return and Right of Withdrawal

Purchased tickets cannot be exchanged or returned, except in the cases expressly stated in these GTC, in particular the complete cancellation of a booked event day.

A change in weather conditions, personal impediment, illness, late arrival, non-use or only partial use of the ticket shall not give rise to any entitlement to refund, exchange or other compensation.

Compensation for tickets not used or only partially used is excluded, as is compensation for lost or inaccessible tickets, unless the loss or inaccessibility is attributable to the Organiser.

As the Organiser provides a leisure service for which a specific time or period is scheduled, the right of withdrawal in distance selling pursuant to Section 11 FAGG is excluded in accordance with Section 18 (1) no. 10 FAGG.

12. Ticket Loss and Replacement Tickets

Upon transmission or provision of the ticket, the risk of loss, misuse or damage to the ticket passes to the customer.

In the event of ticket loss, a replacement or duplicate ticket may be issued once to the customer, subject to the technical and organisational possibilities. This requires the customer to credibly demonstrate which ticket was booked and that the booking can be clearly assigned.

If the same ticket is presented multiple times or used improperly, the ticket scanned or validated first at admission shall take precedence, unless the Organiser exceptionally decides otherwise. The Organiser shall not be liable for damage caused by the forwarding, duplication or misuse of tickets.

13. Liability

Unless otherwise provided in these GTC, warranty and damages claims shall be governed by the statutory provisions.

Where the Organiser is liable for damage under the statutory provisions, the Organiser’s liability shall be limited to intent and gross negligence. Excluded from this limitation of liability are claims under the Product Liability Act and, within the scope of the Austrian Consumer Protection Act, personal injuries attributable to the Organiser. Statutory warranty provisions shall in any event apply to consumers.

With respect to entrepreneurs, the Organiser’s liability — to the extent legally permissible — for loss of profit, pure financial losses, damage due to defects, indirect and consequential damage and/or damage suffered by third parties is excluded. Claims for damages by entrepreneurs shall in any event become time-barred after six months.

The event site is an outdoor, natural and park area, the use of which is undertaken by visitors at their own risk and with due regard to the conditions. The Organiser shall not be liable for damage caused by visitors’ carelessness, failure to observe the house rules, failure to follow instructions, unsuitable clothing or footwear, chance events, accidents when using the site or natural events.

This applies in particular to damage in connection with weather, cold, wet conditions, snow, ice, slippery surfaces, leaves, darkness, restricted visibility, uneven paths, animals, plants, branches or other natural conditions, unless the Organiser is guilty of intentional or grossly negligent conduct.

The Organiser shall be liable only for its own content on its websites. Where links provide access to other websites, the Organiser is not responsible for the third-party content contained there. The Organiser does not adopt such third-party content as its own. If the Organiser becomes aware of unlawful content on external websites, the link to such pages will be deleted where possible without undue delay.

14. Consent to Image and Sound Recordings

In the case of photo, film, television, video, audio or other recordings by the Organiser or by third parties commissioned or authorised by the Organiser, the visitor grants the Organiser and the recording or broadcasting third parties their consent for recordings made of them during or in connection with the festival to be exploited, stored, distributed, published, reproduced, edited, broadcast, marketed or otherwise used free of charge and without any temporal, territorial or content-related restriction by means of any current or future technical process.

This consent applies in particular for the purposes of documentation, reporting, public relations, promotion and archiving of the festival and the Organiser. The legitimate interests and personal rights of visitors shall be respected.

15. Privacy Policy

The protection of the privacy of customers and visitors is an important concern for the Organiser. Information on the processing of personal data and the rights of data subjects can be found in the Organiser’s applicable privacy policy.

The privacy policy is available at: www.klanglichtimpark.at/datenschutz

16. Terms and Conditions for Competitions

Theater im Park TiP Betriebs GmbH may organise competitions via communication channels of its choice. The relevant announcements, posts or other publications are marked accordingly and at the same time set out the respective rules of the competition. By participating in a competition, the participant agrees to these terms and conditions.

Eligible to participate are persons who have reached the age of 18, have their ordinary residence in an EU country and have not won any competition organised by the Organiser in the past six months. In the event of suspected manipulation, the Organiser reserves the right to exclude participants from the competition without giving reasons.

The submission of false data, in particular names, e-mail addresses or other contact details, may result in the exclusion of the person concerned from further participation, as may any other attempt at manipulation, in particular hidden multiple submissions by the same person.

The Organiser may use names and any content of posts or comments in connection with the competition for its own advertising purposes. The user grants the Organiser the rights required for the publication of their contributions in connection with the competition.

Prizes are limited to the values described. Cash redemption is excluded. The winner will be notified by the Organiser. Legal recourse is excluded.

To the extent legally permissible, the Organiser assumes no liability for damage suffered by participants through their own actions or through third parties, or for damage caused by participants to third parties, in particular accidents, injuries or illnesses in connection with the use of prizes. The winners are responsible for paying any taxes or other statutory charges associated with the prize.

The Organiser reserves the right to terminate a competition at any time, in particular for technical, organisational or legal reasons.

17. Vouchers

The Organiser offers vouchers for events and offers of Theater im Park TiP Betriebs GmbH. Depending on their stated scope of validity, vouchers may be used to purchase or pay for tickets for Theater im Park as well as tickets or timeslot tickets for Klanglicht im Park.

Vouchers do not constitute a ticket or admission right. Visiting an event or “Klanglicht im Park” requires a separate booking of an available ticket or timeslot ticket, even when using a voucher. A voucher may be redeemed only subject to the availability of tickets, timeslots, ticket categories and capacities. There is no entitlement to book a specific event day, a specific event, a specific timeslot or a specific ticket category.

Vouchers may be redeemed in the respective online shop or at the sales outlets designated by the Organiser. For “Klanglicht im Park”, redemption takes place in particular via the online shop at shop.klanglichtimpark.at. Redemption is possible only within the booking and payment process provided by the Organiser.

If the value of the voucher is lower than the price of the desired tickets, the difference must be paid using one of the payment methods offered. If the value of the voucher is higher than the price of the booked tickets, any remaining credit shall remain on the voucher, provided that the technical system supports this and nothing to the contrary is stated on the voucher. Cash redemption, interest or payment of remaining amounts is excluded.

Vouchers are transferable, unless otherwise stated on the voucher or during the purchase process. The Organiser is not obliged to verify the entitlement of the respective voucher holder. The risk of loss, theft, misuse or unauthorised transfer of the voucher shall be borne by the customer. In the event of loss, theft or misuse, there is no entitlement to replacement or blocking of the voucher, unless the loss or misuse is attributable to the Organiser.

Vouchers may be redeemed within the respective statutory period or within any longer period of validity stated on the voucher. After expiry of the validity period, there is no entitlement to redemption, extension, refund or replacement, to the extent legally permissible.

In the event of cancellation, postponement or change of an event or a booked timeslot, the same rules apply to tickets paid for with a voucher as to other tickets. Any refund may, at the Organiser’s discretion, be made by reactivating the voucher, issuing a new voucher, rebooking or refunding the amount, to the extent legally permissible.

The purchase and redemption of vouchers are additionally subject to these GTC and the conditions stated in the respective online shop, on the voucher or during the purchase process.

18. Severability Clause, Place of Jurisdiction and Applicable Law

The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. To the extent legally permissible, the invalid provision shall be replaced by a provision that comes as close as possible in economic and legal terms to the meaning and purpose of the invalid provision.

All legal relationships between customers and/or visitors and the Organiser shall be governed exclusively by Austrian law, excluding the conflict-of-law rules of the Austrian Private International Law Act, the United Nations Convention on Contracts for the International Sale of Goods, 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, known as the Rome I Regulation. Where Article 6 (1) of the Rome I Regulation applies, this choice of law shall not have the effect of depriving customers who are consumers of the additional protection afforded by mandatory provisions of the law of the consumer’s country of residence.

The place of performance and place of jurisdiction for all actions arising from all legal relationships between customers and/or visitors and the Organiser shall be the registered office of the Organiser in Vienna, Austria. If a customer is a consumer within the meaning of the Austrian Consumer Protection Act, the place of jurisdiction in Austria in whose district the customer has their domicile, habitual residence or place of employment shall be deemed agreed for actions brought by the Organiser against that customer.

19. Information on the Online Dispute Resolution Platform

The European Union has established an online platform for the out-of-court settlement of consumer disputes.

Any complaints may also be submitted directly to the Organiser at the following e-mail address: office@klanglichtimpark.at

20. Reservation of the Right to Make Changes

The Organiser reserves the right to amend these GTC at any time in order to adapt them to legal, technical, organisational or economic framework conditions.

Changes to these GTC will be sent to customers, where required, to the e-mail address last provided or published on the website and/or in the online shop. The amended GTC shall be deemed approved if the customer does not object in writing within one month of receipt. The Organiser undertakes to expressly draw attention to the one-month period when sending the amended GTC.