General Terms and Conditions

1. mal anders gmbh/ Validity of the general terms and conditions

1.1 The website www.wienmalanders.at is operated by mal anders gmbh, Arbeitergasse 41/40, 1050 Vienna. (hereinafter referred to as Wien mal anders).

1.2 Wien mal anders sells all-inclusive packages & services (for a description of services see point 2.1; hereinafter referred to as packages) in its own name and for its own account. The following General Terms and Conditions (hereinafter referred to as GTC) shall apply to all contracts concluded between the buyers (hereinafter referred to as the Customer) of these packages/services and Wien mal anders (bookings of the packages and services offered by Wien mal anders). The version valid at the time of conclusion of the contract shall apply.

1.3 The performance of the services and the food and beverages offered in the packages are offered by separate service providers (e.g. Elektro Oldtimer, caterer) and reference is made to their terms and conditions and hygiene standards, which also apply.

1.4 Users (hereinafter referred to as the Customer) of the Vienna times differently online portals expressly acknowledge that they have taken note of these GTC in a legally binding manner, so that they have become part of the contract. These GTC shall also apply to all future contractual relationships, even if no express reference is made to them in additional contracts.

We therefore ask every customer to read the GTC carefully. If you have any questions about our GTC, please contact us in the following ways:

E-Mail: office@wienmalanders.at or by telephone: +43 1 39 11 070

2. business content/service description

2.1 Wien mal anders offers all-inclusive packages via its website (www.wienmalanders.at) and other sales channels, which include an electric vintage car ride, transportation through Austria including culinary delights (food and drinks) and sightseeing as well as other all-inclusive experiences. There are several of these all-inclusive packages with different scope of services and different prices for the customer to choose from, whereby the difference in service or price results from the duration/route and/or the scope of the culinary delights offered or the service included.

2.2 The service provided by Wien mal anders is limited to the selection of service providers (vintage electric cars, restaurateurs, tour guides, museums, institutions) and the compilation and arrangement of the packages.

2.3 Wien mal anders shall exercise the greatest possible care in the selection of service providers. Changes in the person of the service provider are possible. Wien mal anders reserves the right to make reasonable changes to the scope of services, the locations of departure and destination and the departure times, but will inform the customer at least 24 hours before the start of the service if necessary. Wien mal anders will not compensate the customer for these reasonable changes.

3. booking/payment

3.1 Packages can be booked online at www.wienmalanders.at, by e-mail to office@wienmalanders.at or alternatively by telephone on +43 1 39 11 070 (Austrian cell phone number, charge depending on tariff).

3.2 Payment of the package is preferably made by bank transfer. In the case of payment by credit card or Maestro, an additional processing fee of 3.5 % of the total price may be charged.

3.3 Invoices are due within 8 days of receipt of the invoice. If payment is made by invoice, the package tickets will only be sent to the customer once payment has been received in full by Wien mal anders. If payment is made by credit card, the credit card company will be instructed to collect the invoice amount immediately after the order is placed and the package ticket will be sent to the customer immediately by e-mail (to the e-mail address provided).

3.4 Wien mal anders shall charge the following reminder fees in addition to the statutory default interest in the event of culpable default by the customer: 1st reminder Euro 5.00; 2nd reminder Euro 8.00; each additional reminder Euro 15.00.

4. conclusion of contract

4.1 When purchasing a Package via the Website, the Customer enters his/her data and an e-mail address to which the reservation confirmation and the Package ticket will be sent. If the customer books a package after providing all relevant data and accepting these GTC and the acceptance of any GTC of the service provider, he/she submits a binding offer to Wien mal anders. Before submitting the offer, the customer has the opportunity to check all details again and to change them if necessary. Wien mal anders accepts this offer by sending the reservation confirmation. Alternatively, a contract can also be concluded by telephone or e-mail.

4.2 The customer will only receive their package ticket once the payment transaction has been completed or the booked package price has been paid in full. To complete the transaction, the customer is redirected to the secure screen of the payment processing gateway. At the time of payment, the cardholder enters their card details into the payment processing gateway database. The transaction data is then stored on this server. Wien mal anders shall not be liable for any damages resulting from incorrect or inaccurate card data entered.

4.3 In the event of suspected fraud, Wien mal anders shall immediately notify the payment processing gateway. In the event of suspected fraud in payment processing, the payment transaction will be suspended for an indefinite period and it will be up to Wien mal anders to carry out or not the service/package booked by the suspected customer. In the event that the service is not carried out, the customer will be notified in writing in advance.

4.4 The ticket will be sent electronically to the e-mail address provided by the customer. Upon express request, the ticket can also be sent to the customer by post to the person and address provided by the customer.

4.5 Wien mal anders assumes no liability for typing errors in the e-mail address of the customer/recipient. Furthermore, Wien mal anders assumes no liability for the postal transmission of the ticket. Wien mal anders is not responsible for lost or stolen tickets, nor for delayed delivery of tickets for which Wien mal anders is not responsible (e.g. due to technical difficulties beyond the control of Wien mal anders) or for tickets that have been used without authorization. Tickets are not personal.

4.6 The customer undertakes to check the transmitted ticket immediately upon receipt for conformity with his order. In the event of an obvious error or an obvious deviation from the booking, the ticket will be exchanged, provided that the customer notifies the error in writing immediately upon receipt of the ticket.

5th prize

5.1 The price of a package stated on the website on the day the order is placed is binding. All prices quoted are final prices and include statutory VAT.

5.2 In the event that a ticket is sent by post, Wien mal anders shall charge a flat-rate fee including statutory VAT for packaging and shipping. The amount of the flat rate depends on the shipping address (domestic, foreign, overseas).

6. right of revocation / revocation instruction

There is no right of withdrawal for bookings in accordance with § 18 para. 1 no. 10 FAGG.

7 Cancellation conditions

If the booked package is canceled by the customer, the following cancellation fees apply:

15 % of the booked package price from booking up to 8 days before the event

50 % of the booked package price from 8 days up to 3 days before the event

75 % of the booked package price from 3 days up to 1 day before the event

100 % of the booked package price from 24 hours before the event

The same means of payment used by the customer in the original transaction shall be used to refund the package price (less any cancellation fees charged), unless expressly agreed otherwise between the customer and Vienna.

7.1 A rebooking of the package by the customer is possible free of charge upon request and depending on the availability of Wien mal anders up to 24 hours before the public event (public dates). For the rebooking, the new event date and the new event time must be agreed directly and up to 24 hours beforehand. For each additional rebooking (from the 2nd rebooking of a package) a flat-rate processing fee of € 30.00 will be charged.

7.2 A rebooking of the package of a private and closed group by the customer is possible free of charge on request and depending on the availability of Wien mal anders up to 5 days before the individual event (individual date). For the rebooking, the new event date and time must be agreed directly and up to 5 days beforehand. For each additional rebooking (from the 2nd rebooking of a package) a flat-rate processing fee of € 30.00 will be charged.

8. risk disclosure and exclusion of liability

8.1 The liability of Wien mal anders is excluded for damages caused by slight negligence. The liability of Wien mal anders or its partners (e.g. Elektro Oldtimer) for personal injury remains unaffected.

8.2 In the service description of the event on the homepage and in connection with the participation in tours & experiences (e.g.: Vienna Underworld, Hidden Wine Cellars, etc.) as well as the use of other services of Wien mal anders (e.g.: participation in experiences), the guest is informed by individual information about the respective existing risks, conditions of participation and participation at their own risk. In addition, participation in some cases requires active confirmation (check the box for online and offline bookings) of a liability disclaimer.

8.3 Claims for damages by the guest can only be asserted in the event of intentional or grossly negligent causation by Wien mal anders. This restriction does not apply to compensation for damage to persons or to claims for compensation under the EKHG or the Product Liability Act.

8.4 In principle, only the respective service provider is liable for damages arising in connection with the use of third-party services arranged by Wien mal anders. Wien mal anders is not liable for damages caused by other guests or other third parties.

8.5 In the event of damage caused by food intolerance, Wien ml anders assumes no liability and refers directly to the duty to provide information (allergen labeling obligation) of the respective service providers on site. The customer is therefore obliged to inform Vienna times other in advance if there is an intolerance.

9. misuse / commercial use

The commercial resale of Wien mal anders tickets is prohibited unless otherwise agreed in writing. Wien mal anders reserves all rights and claims with regard to a violation of the provisions of this point, in particular the assertion of claims for damages. For each individual case of infringement of the provisions of this point and to the exclusion of the objection of continuation of the infringement, the infringer undertakes to pay a contractual penalty of EUR 2,500. Wien mal anders reserves the right to claim further damages.

10. requirements for participation

10.1 The customer undertakes to arrive at the agreed meeting point 10 minutes before the start of the event. If the customer is more than 5 minutes late, the full scope of the package and the booked food and drinks or services cannot be provided. The group will leave the meeting point on time and late customers will no longer be able to take part in the tour. The event will nevertheless start and end at the agreed place at the agreed time. A refund of money is not possible in such cases.

10.2 The customer undertakes to bring the ticket in electronic form (e-mail) or in printed or paper form. The ticket must be clear and legible.

10.3 Wien mal anders or other partners cooperating with Wien mal anders are not obliged to check whether the person presenting the ticket is also the person who lawfully purchased the ticket. Wien mal anders is not liable for any damages incurred in this respect.

10.4 It is recommended that you dress appropriately for the weather.

10.5 Wien mal anders accepts no liability for delays caused by traffic or force majeure.

10.6 The events are only suitable for persons with reduced mobility, who are welcome, by special arrangement and depending on the needs of the customer; it is essential to contact Wien mal anders in advance.

10.7 In the event of excessive alcohol consumption before or during the tour, Wien mal anders reserves the right to cancel the tour for private groups at any time or to exclude participants under the influence of alcohol from the tour. In such cases, there will be no refund of money.

11. property rights

11.1 The contents of the Website and any necessary software used in cooperation with Wien mal anders are subject to intellectual property rights and contain confidential information that is protected by legal provisions, in particular those for the protection of intellectual property.

11.2 The use of the Wien mal anders homepages, including the content therein and its software, for unlawful activities and (resale) sales purposes, for advertising or corporate purposes, as well as other types of benefit (e.g. brokering of tickets) is strictly prohibited. For each individual case of infringement of the provisions of this point and to the exclusion of the objection of continuation of the infringement, the infringer undertakes to pay a contractual penalty of up to EUR 100,000.00. Wien mal anders reserves the right to claim further damages.

11.3 By accepting these GTC, it is agreed that the contents of Wien mal anders or third parties in the advertising, on the Wien mal anders website and in the Wien mal anders software are protected by copyrights, trademarks, patents or other property rights or laws.

11.4 Unless Wien mal anders or the third parties concerned have given their written consent, works that are available or made accessible on the website and the Wien mal anders software or that are based on the Wien mal anders software may not be used, modified, rented, leased, lent, sold, distributed or redesigned, either in whole or in part, for own or third-party purposes.

11.5 The e-mail address provided by the customer may be passed on in strict confidence to the service providers of Wien mal anders for the purpose of organizing the event.

12. use of data / advertising

12.1 The customer agrees that any photos, TV or film recordings made during the booked event may be used by Wien mal anders for advertising purposes without restriction in terms of time and space, unless this conflicts with the customer's legitimate interests. The customer can revoke their consent to this at any time by sending an email to office@wienmalanders.at.

12.2 The customer agrees to receive messages for advertising purposes from Wien mal anders or from other companies commissioned by Wien mal anders within the meaning of Section 107 of the Austrian Telecommunications Act (TKG). The customer can revoke his consent to this at any time at (e-mail address: office@wienmalanders.at).

12.3 All customer data collected is subject to the Austrian Data Protection Act.

13. changes to the GTC

Wien mal anders reserves the right to amend or supplement these GTC for the future. The GTC available on the website and Wien mal anders software shall apply in the version valid at the time of booking, without any separate notification of changes. The current version of the GTC is available for download at www.wienmalanders.at.

14. place of fulfillment / choice of law / place of jurisdiction / other

14.1 The place of performance and payment shall be the registered office of Wien mal anders (Raimund Novotny) in Vienna.

14.2 The contract language is German.

14.3 The contracting parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of Raimund Novotny shall have exclusive local jurisdiction to decide all disputes arising from this contract.

14.4 This contract shall be governed by Austrian substantive law to the exclusion of the conflict of laws rules of private international law (e.g. Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this law shall only apply insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

14.5 Should provisions of these GTC be legally ineffective, invalid and/or void or become so in the course of their term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void provision (which has become legally ineffective, invalid and/or void) with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.

14.6 Legally binding declarations and notifications made to Wien mal anders or a third party must be made in writing. An amendment to this written form clause must also be made in writing.