AGB

1.1. The following General Terms and Conditions, in the version valid at the time of the order, shall exclusively apply to the business relationship between “Vienna Classical Music Tours” & “Salzburg Classical Music Tours”, Weidmanngasse 27/10, A-1170 Vienna (hereinafter “Seller”) and the customer (hereinafter “Customer”).

1.2. You can reach our customer service for questions, complaints, and grievances on weekdays from 09:00 to 14:00 by email at tours@vcmt.at.

1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed to his or her commercial or independent professional activity.

1.4. Deviating conditions of the customer will not be recognized unless the Seller has expressly agreed to their applicability, with evidence provided by the customer.

1.5. These General Terms and Conditions relate exclusively to the use of the Vienna Classical Music Tours app in Vienna & Salzburg.

2.1. The presentation of the products in the online shop does not constitute a legally binding offer but rather an invitation to place an order. Service descriptions in catalogs as well as on the Seller’s websites do not have the character of a guarantee or warranty.

2.2. All offers are subject to “while stocks last”, unless otherwise noted for the products.

2.3. Notwithstanding careful maintenance of the website and the shop, errors on the part of the Seller may occur. The Seller expressly points out that an error by the Seller may, under the statutory conditions, lead to a cancellation or substantive change to the concluded contract. The Seller expressly reserves the right to contest or modify the concluded contract with the customer on the grounds stipulated by law in the event of an error.

3.1. The Customer may select products from the Seller’s range without obligation and collect them in a so-called shopping cart by clicking the [Buy] button.

3.2. Subsequently, the Customer may proceed to the checkout within the shopping cart by clicking the [Proceed to Checkout] button to complete the ordering process.

3.3. By clicking the [Buy] button, the Customer makes a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer may change and review the data at any time. Required fields are marked with an asterisk (*).

3.4. Upon completion of the purchase process via an in-app purchase either through the Google or Apple Store, the contract is validly concluded, and the Customer can independently follow the purchased tour with GPS instructions and an audio guide.

3.5. The contract between the Customer and the Seller is concluded immediately after purchase. The validity of the purchase is 4 weeks. After 4 weeks, the purchased tours expire. Should the Customer visit Vienna or Salzburg again at a later date (more than 4 weeks after the purchase) and wish to participate in the VCMT-App tour, they must purchase it again.

3.6. The contract is concluded immediately upon payment in the form of an in-app purchase.

4.1. All prices listed on the Seller’s website are inclusive of the applicable statutory value-added tax.

4.2. If the Seller charges shipping costs for delivery, these costs will be clearly indicated to the Buyer on the shipping cost page and during the ordering process.

4.3. The Seller is entitled to charge the Customer any shipping costs in the event of an exchange or return of the goods to the Seller. This does not apply insofar as the Seller is obligated to take back or exchange the returned goods for reasons of warranty.

5.1. If, at the time of the Customer’s order, no tours or only certain tours are available, this will be displayed in the Seller’s app.

5.2. All available tours are shown in the app and can be purchased at the stated purchase price.

5.3. Delivery and the start of the tour are possible and activated by the Customer upon payment in the App Store.

5.4. All tours available for purchase in the app can be acquired by the Customer.

6.1. During and prior to the completion of the order process, the Customer may choose from the available payment methods (in the Google Play Store & Apple Store).

6.2. Direct payment by invoice and traditional bank transfer to the Seller is not possible for the tours.

6.3. If third parties are commissioned to handle the payment process, e.g. PayPal, credit cards, etc., their respective General Terms and Conditions shall apply.

7.1. The purchased tours or music pieces may only be used for strictly private purposes. Commercial use by the Customer is expressly prohibited.

7.2. The Customer is not entitled to distribute the purchased tours and music pieces or use them for social media purposes.

7.3. Any use other than private use by the Customer constitutes an infringement of the Seller’s copyrights and property rights and will be legally prosecuted.

8.1. The warranty is determined in accordance with statutory provisions.

8.2. A guarantee exists for the goods delivered by the Seller only if it has been expressly given. This is not the case here.

9.1. Notwithstanding the other statutory conditions for claims, the following exclusions and limitations of liability shall apply to the Seller’s liability for damages.

9.2. In general, every participating adult person takes part in the individual tours of Vienna at his or her own risk and must assess for themselves the dangers of street traffic as well as falling building parts, ice, and snow (slippery conditions).

9.3. For persons below the age of majority, their legal representatives or the accompanying persons participating in the tour shall be liable.

10.1. The tours follow the footsteps of classical composers through the inner cities of Vienna and Salzburg. The Customer is guided via GPS tracking to the original sites associated with the selected and purchased tour.

10.2. At each stop, an audio file is provided to the Customer which explains the significance of the particular sight/stop in the life of the selected composer.

10.3. At selected stops, music videos are available to the Customer. These music videos have been produced by the Buyer and his or her musician team, interpreting the artists’ works in a recording studio.

10.4. After purchasing the tour, the Customer may independently follow the purchased tour using GPS. The Customer may interrupt and resume the tour at a later time or on a different day.

10.5. After purchase, the tour remains valid for 4 weeks. Four weeks after purchase, the Customer can no longer access the paid-for tours. Each purchase of a tour entitles the Customer to visit it for a period of 4 weeks.

11.1. After an in-app purchase, the app may only be used on the mobile device from which the purchase was made.

11.2. The in-app purchase of the tour entitles only one person to use the purchased tour. Sharing headphones and the tour experience is prohibited.

11.3. Downloading tour videos and announcements from the audio guide is prohibited.

11.4. The in-app purchase of an individual tour in the app entitles the user to use the tour only, but not to resell it, share it on social media channels, or make it available to third parties who have not purchased it.

11.5. The in-app purchase entitles the user to use the respective tour only but does not grant the buyer ownership of the purchased tour, audio files, or images. The ownership and copyright of all elements in the app always remain with the seller.

11.6. The validity and availability of individual tours are limited to four weeks after the date of purchase. After that, the right to the tour expires.

11.7. The customer has the option of consuming the tours in the languages offered in the app. A language change can be made at any time.

12.1. At the end of the tour, there is an option for the Customer to purchase additional products. The acquisition of the additional products is made via the Seller’s website and its webshop.

12.2. The General Terms and Conditions of the webshop apply to the purchase of the additional services.

12.3. It is important to note that the purchasable music pieces are exclusively licensed for private use. Commercial use by the Buyer is prohibited. Likewise, any use for social media channels is strictly prohibited and constitutes a breach of copyright and of the contract concluded between the Seller and the Buyer.

13.1. After purchasing the tour in the app, any withdrawal is excluded, since the Seller cannot verify whether the Buyer has visited the tour or not.

13.2. The Seller therefore provides the Customer with as much information as possible about the content, duration, cost, and validity of the tour before the purchase.

14.1. If the Customer decides to make a purchase and completes it via an in-app purchase, but then wishes to withdraw, 100% cancellation costs will be incurred. This is because, as stated in Section 12, the Seller cannot verify whether the Customer has visited the tour or not.

15.1. The Seller stores the text of the order contract. The General Terms and Conditions are available online. The Customer may print the contract text before submitting the order to the Seller by using the print function of his or her browser at the final step of the order process.

15.2. In addition, the Customer will receive an order confirmation with all order details at the email address provided by him or her. This will be handled automatically by the respective App Store.

16.1. The Seller processes the Customer’s personal data purposefully and in accordance with statutory provisions.

16.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) is used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery, and payment process.

16.3. The Customer has the right to request free information about the personal data stored by the Seller about him or her. In addition, the Customer has the right to rectify incorrect data, to block, and to delete his or her personal data unless a statutory retention obligation applies.

16.4. Further information about the type, scope, location, and purpose of the collection, processing, and use of the necessary personal data by the Seller can be found in the Data Protection Declaration.

16.5. It should also be noted that the purchase of the tours takes place via an in-app purchase through Google and Apple, and in this case, their data protection regulations must also be observed.

17.1. Place of jurisdiction is Vienna.
17.2. Austrian law applies.
17.3. Contract language is German.

Effective: April 2025