GTC
1. mal anders gmbh/ Validity of the general terms and conditions.
1.1. The website www.wienmalanders.at is operated by mal anders gmbh, Alfred-Adler-Straße 11/5/39, 1100 Vienna. (Below referred to as Wien mal anders).
1.2. Wien mal anders sells all-inclusive packages and services (for a description of services, see item 2.1; below referred to as packages) in its own name and for its own account. The following General Terms and Conditions (below referred to as GTC) apply to all contracts concluded between the buyers (below referred to as customer) of these packages/services (bookings of the packages and services offered by Wien mal anders). The version valid at the time the contract is concluded is decisive.
1.3. The performance of the services and the food and drinks offered in the packages are offered by separate service providers (e.g. electric vintage car, restaurants..) and reference is made to their terms and conditions and hygiene standards, which also apply.
1.4. Users (below referred to as customers) of Wien mal anders 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 General Terms and Conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts. We therefore ask every customer to read the terms and conditions carefully. If you have any questions about our terms and conditions, please contact us in the following ways:
**e-mail: **office@wienmalanders.at or per phone: +43 1 39 11 070
2. Business content/service description
2.1. Wien mal anders offers all-inclusive packages via their website (www.wienmalanders.at) and other sales channels, which include an electric vintage car ride, transport 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 scopes of services and different prices for the customer to choose from, with the difference in performance or price resulting from the duration/route and/or the scope of the cuisine offered or the included service.
2.2. The performance of Wien mal anders is limited to the selection of the service providers (electric vintage cars, restaurants, tour guides, museums, institutions) and the compilation and procurement of the packages.
2.3. When selecting the service providers, Vienna sometimes takes the greatest possible care. Changes in the person of the service provider are possible. We reserve the right to make reasonable changes to the scope of services, departure and destination locations and departure times, but the customer will be notified of these changes at least 24 hours before the start of the service. Wien mal anders will not compensate the customer for these reasonable changes.
3. Booking/Payment
3.1. The packages are booked online at www.wienmalanders.at, by email to office@wienmalanders.at or alternatively by telephone on the telephone number: +43 1 39 11 070 (Austrian mobile phone number, fee depends on the tariff).
3.2. The payment for the package is preferably made by bank transfer. In the case of payment by credit card or Maestro, an additional 3.5% of the total price can be charged as a processing fee.
3.3. Invoices are due within 8 days of receipt of the invoice. When paying by invoice, the package tickets will only be sent to the customer once the payment has been received in full by Wien mal anders. When paying by credit card, the credit card company is instructed to collect the invoice amount immediately after the order has been placed and the package ticket is immediately sent to the customer by e-mail (to the e-mail address provided).
3.4. In the event of culpable default by the customer, Wien mal anders will charge the following reminder fees in addition to the statutory default interest: 1st reminder EUR 5; 2nd reminder EUR 8.00; each additional Euro 15,--.
4. Conclusion of contract
4.1. When purchasing a package via the website, the customer enters their 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 terms and conditions and the acceptance of any terms and conditions of the service provider, the costumer makes a binding offer to Wien mal anders. Before submitting the offer, the customer has the opportunity to check all the information and, if necessary, to change it again. 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 only receives the package ticket after the payment transaction has been completed or the booked package price has been paid in full. To carry out the transaction, the customer is forwarded to the secure mask of the payment processing gateway. At the time of payment, the cardholder enters their card details into the payment processing gateway's database. The transaction data is then stored on this server. Wien mal anders is not liable for damage caused by incorrect or inaccurate input of the card data used.
4.3. If fraud is suspected, Wien mal anders immediately notifies the payment processing gateway. In the event of suspected cases of fraud in payment processing, the payment transaction will be suspended for an indefinite period and it is up to Wien mal anders to decide whether or not to carry out the service/package booked by the suspected customer. In the event that the service is not carried out, the customer will be informed in writing in advance.
4.4. The ticket will be sent electronically to the email address provided by the customer. Upon express request, the ticket can also be sent to the customer by post to the person and address specified by the customer.
4.5. Wien mal anders assumes no liability for typographical errors in the e-mail address of the customer/recipient. Furthermore, Wien mal anders assumes no liability for the postal delivery 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 which are not in the area of Wien mal anders) or for tickets that are used without permission. Tickets are not personal. 4.6. The customer undertakes to check the transmitted ticket immediately upon receipt to ensure that it matches his order. In the event of an obvious error or an obvious deviation from the booking, the ticket will be exchanged if the customer reports the error in writing immediately after receipt of the ticket.
5. Price
5.1. The price of a package stated on the website on the day of the order is binding. All prices are final prices and include statutory sales tax.
5.2. If a ticket is sent by post, Wien mal anders will charge a flat-rate reimbursement of costs including statutory sales tax for packaging and shipping. The amount of the flat-rate fee depends on the shipping address (domestic, foreign, overseas).
6. Right of withdrawal / cancellation policy
There is no right of withdrawal for bookings in accordance with Section 18 Paragraph 1 Z 10 FAGG.
7. Cancellation Policy
If the booked package is canceled by the customer, the following cancellation rates 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 day 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 that the customer used for the original transaction will be used to refund the package price (minus the cancellation fees charged), unless something else has been expressly agreed between the customer and Wien mal anders.
7.1. The package can be rebooked by the customer free of charge up to 24 hours before the public event takes place, depending on the availability of Wien mal anders. The new event date and time must be agreed directly and 24 hours before. For each additional rebooking (from the 2nd rebooking of a package) a flat rate of € 30.00 will be charged as a processing fee.
7.2. The package for private and individual groups can be rebooked by the customer free of charge up to 5 days before the event takes place, depending on the availability of Wien mal anders. The new event date and time must be agreed directly and 5 days before. For each additional rebooking (from the 2nd rebooking of a package) a flat rate of € 30.00 will be charged as a processing fee.
8. Risk Disclosure and Disclaimer
8.1. In the case of damage caused by slight negligence, Wien mal anders's liability is excluded. The liability of Wien mal anders or its partners (e.g. electric vintage car) 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.: Viennese underground, hidden wine cellars, etc.) as well as the use of other services from Vienna with a difference (e.g.: participation in experiences), the guest through individual information about the existing risks, conditions of participation and participation at your own risk. Participation also requires active confirmation (tick box for online and offline bookings) of a 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 claims for compensation under the EKHG or the Product Liability Act.
8.4. In principle, only the respective service provider is liable for damage that arises in connection with the use of third-party services that are mediated by Vienna in a different way. Wien mal anders is not liable for damage 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 information obligation (allergen labeling obligation) of the respective local service provider. If there is an intolerance, the customer is therefore obliged to notify Wien mal anders of this differently in advance.
9. Misuse / Commercial Use
The commercial resale of Wien mal anders tickets is prohibited unless otherwise agreed in writing. With regard to a breach of the provisions of this point, Wien mal anders reserves all rights and claims, in particular the assertion of damages. For each individual case of violation of the provisions of this point and excluding the objection of the continuation of the context, the violator undertakes to pay a contractual penalty of EUR 2,500.00. Vienna 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 tour. If the customer is late by more than 5 minutes, 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 join the tour. The event still starts and ends at the agreed location at the agreed time. A refund of the money is not possible in such cases.
10.2. The customer undertakes to bring the ticket in electronic form (e-mail) or printed out or in paper form. The ticket must be clear and legible.
10.3. Wien mal anders or other partners in cooperation with Wien mal anders are not obliged to check whether the person presenting the ticket is also the person who lawfully bought the ticket. Wien mal anders is not liable for any damage incurred in this regard.
10.4. It is recommended to dress appropriately for the weather.
10.5. Wien mal anders assumes no liability for delays caused by traffic or force majeure.
10.6. The events are adapted for people with reduced mobility, who are welcome, only by special agreement and according to the needs of the customer; we ask that you make contact with 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 intoxicated participants from the tour. In such cases, no refund of money is provided.
11. Intellectual Property Rights
11.1. The content of the website, as well as any necessary software used in cooperation with Wien mal anders, is the subject of intellectual property rights and contains confidential information protected by legal regulations, in particular those relating to the protection of intellectual property.
11.2. The use of the Wien mal anders homepages, including the content therein and their software, for illegal activities and (re)sale purposes, for advertising or company purposes, as well as other types of taking advantage of them (e.g. brokering tickets) is strictly prohibited. For each individual case of infringement of the provisions of this point and excluding the objection of the continuation of the context, the offender 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. With the acknowledgment of these terms and conditions, it is agreed that the content of Wien mal anders or third parties in advertising, on the Wien mal anders website and in the Wien mal anders software is protected by copyright, trademarks, patents or other property rights or laws.
11.4. Unless Wien mal anders or the relevant third parties have given their consent in writing, works that can be called up or made accessible on the website and the Wien mal anders software, or on which Wien mal anders software are based, may not be used in whole or in part for used, modified, rented, leased, loaned, sold, distributed or redesigned for own or third-party purposes.
11.5. The e-mail address provided by the customer may be passed on to the service providers of Wien mal anders for the purpose of conducting the event in strict confidence.
12. Data Use / Advertising
12.1. The customer agrees that any photos, TV or film recordings made during the booked event can be used for advertising purposes by Wien mal anders without restrictions in terms of time and space, unless the customer's legitimate interests oppose this. The customer can revoke his consent in this regard at any time by sending an email to office@wienmalanders.at.
12.2. The customer agrees to receive messages within the meaning of Section 107 of the Telecommunications Act (TKG) for advertising purposes from Wien mal anders or from other companies commissioned by Wien mal anders. 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 Terms and Conditions
Wien mal anders reserves the right to change or add to these terms and conditions for the future. The terms and conditions available on the website and Wien mal anders software apply in the version valid at the time of booking, without a separate notice of a change being made. The current version of the General Terms and Conditions is available for download at www.wienmalanders.at.
14. Place of Performance/Choice of Law/Jurisdiction/Miscellaneous
14.1. The place of fulfillment and payment is the registered office of Wien mal anders (Raimund Novotny) in Vienna.
14.2. The contract language is German.
14.3. The contractual partners agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at Raimund Novotny's registered office shall have exclusive local jurisdiction to decide all disputes arising from this contract.
14.4. Substantive Austrian law is applicable to this contract, excluding the reference norms of private international law (e.g. EVÜ, ROM I-VO) and the UN sales law. This legal rule applies to consumers only insofar as it does not restrict any mandatory statutory provisions of the state in which they have their place of residence or habitual abode.
14.5. Should provisions of these General Terms and Conditions be legally ineffective, invalid and/or void or become so over the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or null and void) provision with one that is legally effective and valid and in its economic effect the replaced provision - as far as possible and legally permissible – corresponds.
14.6. Legally binding declarations and notifications made to Wien mal anders or a third party must be in writing. A change to this written form clause also requires the written form.