General terms and Customer Information (GTC)
The following terms and conditions also include legal information on your rights under the provisions of contract law and e-commerce.)
- Scope
- Offers and specifications
- Oder process & contracts
- Prices and shipping
- Delivery, Product Availability, and special cancellation rights
- Payment Terms
- Retention of Title
- Warranty for Defects
- Liabilities
- Right of Customer Contract withdrawal
- Cancellation Costs
- Exclusions for the right of withdrawal for consumers
- Returns
- Filing & Storing of Contracts
- Data Privacy & Protection
- Legal & applicable Laws, & Contract Language
- Scope
1.1. The business relationship between “Vienna Classical Music Tours” Weidmanngasse 27/10, A-1170 Vienna (hereinafter “Seller”) and the customer (hereinafter “Customer”) apply exclusively to the following General Terms and Conditions and are valid at the time of the order.
1.2. You can contact our customer service for questions and complaints on weekdays from 09:00 PM to 14:00 PM by Email under tours@vcmt.at.
1.3. Consumers in the sense of these General terms and Conditions (GTC) are all natural persons who enter into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
1.4. We do not recognise different customer terms unless the customer can prove that those terms were agreed between the buyer and seller.
- Offers and Specifications
2.1.The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on the websites of the seller do not represent a product warranty.
2.2. If not otherwise stated All product offers are dependent on whether the items are in stock or to use the term; “while stocks last”
2.3. While the seller tries to take due care in the maintenance of the web site and their Shop, there could be errors in the content. Therefore the seller expressly states: Any error made by the seller can lead to an amendment or correction and or repeal of a contract according to the Legal Laws. Under the conditions provided in Law the seller reserves the right to modify mistakes or make changes to the customer contract.
- Order & Contract Process
3.1. The customer can choose from a range of product offers and add them to the purchase basket (Add to Basket)
3.2. At the end of the ordering process the customer can proceed to the checkout by clicking on the checkout key provided.
3.3. Before the customer makes a binding offer to buy the goods (By clicking Buy) he or she has the option to review the selections, and make changes to the order at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail; the customer can then print the order confirmation. This automatic acknowledgment of receipt is the only document that the customer’s order has been received by Seller and does not constitute acceptance of the request. The sale is confirmed only when the customer has paid for the product, after which a second e-mail is sent to the customer confirming payment receipt and giving invoice details.
3.5. The customer will receive the actual Ticket from the Tour Guide of ‘Vienna Classical Tours’ before the start of the tour by presenting confirmation of payment and invoice.
3.6. The seller allows prepayments or payment in advance which will be shown on the contract with payment and bank details. If after sending confirmation of the order, the payment is not received within 10 days, the seller will issue a second notice. The order will be deemed to be lapsed and the seller will cancel the contract. Then there are no consequences for buyer or seller. Therefore an order reservation is good for 10 calendar days.
- Prices & Shipping
4.1. All prices that are listed on the merchant’s website, are inclusive of applicable taxes.
4.2. In the process of ordering the buyer is informed of any additional shipping costs if applicable. If goods have to be exchanged or returned,the seller has the right to charge the buyer any shipping or carriage costs. This only applies if the seller does not agree to take back or exchange the goods under warranty conditions.
- Delivery, product availability, and special cancellation rights
5.1. If on the date of the Customer order no product is available i.e. Tours available, the customer will be notified of this in the order confirmation e-mail. If the product is permanently unavailable the seller shall notify the customer of this and a contract will not be included in the notification.
5.2. If the product ordered by the customer is temporarily unavailable, the seller will inform the customer in the order confirmation. Legal rights of rescission by the seller or the customer remain unaffected by this provision. If the seller cannot provide the Tour service from another seller, The seller will refund any payments already made by the customer immediately.
- Payment Terms
6.1. Before completing the order process the buyer can select from the available payment methods.
6.2. If the payment is by invoice, payment must be made within 30 days of the invoice date. For all other forms of payment, prepayment shall be made without deduction.
6.3. The terms of payment will apply for other payments for example PayPal.
6.4. If the customer goes past the due date of the payment terms interest can be charged at 5% above the bank base rate.
6.5. The client’s obligation to pay the late payment interest does not exclude further claims by the seller for any damages caused by delayed payment.
- Retention of Title
7.1. Until full payment is made the Tour Tickets remain the property of the seller.
- Warranties for Defects
8.1. Warranties are governed by statutory provisions
8.2. A warranty is given or supplied by the seller only when expressly stated
- Liability
9.1. The following limitations and exclusions for the seller’s liability for damages without prejudice to other statutory requirements:
9.2. In general, each adult person participates in the various tours through Vienna, at their own risk as they can assess the dangers of the road and or, ice and snow itself and falling debris from buildings. For persons under the legal age their legal representatives or the persons accompanying minors that participate in the tour are responsible for them.
9.3. The seller is fully liable if the damage is caused by intent or gross negligence.
9.4. Furthermore, the seller is liable for the negligent breach of contract obligations, which endangers the purpose of the contract, or for the violation of contract obligations, the fulfilment of which renders a correct execution of the contract on which the customer regularly relies on. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences.
9.5. If the liability of the seller is excluded or limited, this will also apply to the personal liability of employees, representatives and agents.
- Right of Customer contract withdrawal.
10.1. The following outlines the withdrawal policy for consumers.
10.1. If the customer is a consumer, he can withdraw from the contract within 14 days of receiving the goods without giving reasons. For tours which were posted within the 14-day withdrawal period, the below cancellation policy applies and the free cancelation of the booked tour is excluded (ex .: tour start 05.14.2016, booking on 05/02/2016 Booking thus within the 14 days withdrawal period, the application of the below cancellation fees).
10.3. To exercise the right of withdrawal customer has to inform “Vienna Classical Music Tours” Weidmanngasse 27/10, A-1170 Vienna, at E-Mail: tours@vcmt.at, by way of unambiguous statement (e.g. a consigned by post mail, fax, email, phone) of their decision to withdraw from the Agreement. To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the 14 day withdrawal period.
10.4. After the withdrawal period the cancellation policy below are those made within the 14-day withdrawal period.
10.5 Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the delivery other than that offered by us), and immediately repay within 14 days from the date on which the notification of your withdrawal from this contract has been received by us.
For repayments, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier. That you returned the goods immediately, but not later than 14 days from the date on which you informed us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days.
- Cancellation Costs
Written confirmation of the total scheduled tour or cancellation of individual options of the booked “Vienna Classical Music Tour” apply in case of cancellation.
If cancelled up to or less than 3 weeks before the booked “Vienna Classical Music Tour”, we charge a cancellation fee of 10% of the contract price.
For cancellation of more than 3 weeks before the start of the booked “Vienna Classical Music Tour”, we charge a cancellation fee of 25% of the contract price.
If the cancelled is less than 1 week before the start of “Vienna Classical Music Tour”, we charge a cancellation fee of 65% of the contract price.
In case of the cancellation of the whole event at the day of the event”Vienna Classical Music Tour”, we charge 100% of the contract price.
- Exclusion right of withdrawal for consumers
The right of withdrawal does not apply to the supply of goods which were prepared and planned according to customer specifications or clearly tailored to personal needs ( for example, ViP and private tours) or the delivery of audio or video recordings or software if the disk supplied by you has been unsealed. Here the cited cancellation fees plus the expenses incurred (mainly time expenditure for planning, design of the tour, cancellation costs of the staff necessary for the individual tour incurred due to the cancellation).
- Returns
See item 10 of the General terms and Conditions as it applies to exercising the right of returns.
Customers are asked before returning a product to make a return request to the seller by e-mail to tours@vcmt.at. This will allow the seller to expedite the fastest possible return of the products.
The seller is not allowed by Law to return any damaged goods including those where the original labels are missing.
- Filing of Contracts (Digital File Saving)
14.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the agreement text before submitting the order to the seller by using the print function of their browser in the last step of the order.
14.2. The seller also sends to the customer an order confirmation with all order data to the e-mail address provided by the customer. Furthermore, the customer will receive a copy of the Terms and Conditions with their order.
- Data Privacy & Protection
15.1. The seller shall only process personal data of the customer for appropriate purposes and according to legal regulations.
15.2. The seller uses specified personal information (such as name, email address, address, payment data) for the purpose of ordering goods and for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
15.3. The customer has a right to his or her information stored by the seller about him or her free of charge. In addition, he or she has the right to correct inaccurate data, and the deletion of their personal data, insofar as there is no legal obligation to retain this data.
15.4. For more information about the type, scope, location and purpose of the collection, processing and use of personal data required by the seller can be found in the Privacy Policy.
- Legal, Applicable Laws, & Contract Language
16.1. Jurisdiction and application of the Rules is the responsibility of the seller, even if the buyer is a private person, entrepreneur, legal entity under public law or owner of public special assets.
16.2. The Laws of the republic of Austria apply. However this would not apply if the it was contrary to mandatory consumer laws and rules.
16.3. The contract language is German.