General Terms and Conditions of Trade

These General Terms and Conditions of Sale, as from time to time amended, shall apply to any and all goods or services provided by Gesellschaft der Musikfreunde in Wien [“Gesellschaft der Musikfreunde”], Musikvereinsplatz 1, 1010 Vienna.

Gesellschaft der Musikfreunde is your special contract partner for purchasing concert tickets at events put on by Gesellschaft der Musikfreunde itself, guided tours and concert programmes. With respect to purchasing shop items, the terms and conditions of sale for “Musikverein” Handels GmbH’s shop will apply (see below).

External events
In respect of external events, the relevant event sponsors engage and authorise Gesellschaft der Musikfreunde to arrange for the sale of all or a portion of the tickets via Gesellschaft der Musikfreunde’s website, by email, facsimile, telephone or at the box office, on behalf of and for the account of the event sponsor, and to process payment transactions with ticket purchasers/their banks, other credit institutions or via another payment system, to offer programme booklets and to perform associated administrative tasks. In respect of external events, the purchaser is deemed to enter into a legal relationship with the respective event sponsor. Any refunds are processed solely by the respective event sponsor.

Box-office, opening hours
Monday to Friday, 9.00 - 20.00 h*
Saturday 9.00 - 13.00 h
and 1 hour prior to the beginning of the concert in the case of events sponsored by Gesellschaft der Musikfreunde itself, and in respect of selected third party events for which Gesellschaft der Musikfreunde sells tickets

* Between the hours of 18.00 and 20.00 h, we endeavour to provide the best possible service for current concerts. For this reason, we are pleased to be at your service for commission transactions and subscription payments between the hours of 9.00 and 18.00 h.

Telephone: +43 1 505 81 90 (Monday – Friday 9.00 - 18.00 h, Saturday 9.00 - 13.00 h)
Fax: +43 1 505 81 90 94
E-mail: tickets@musikverein.at

From 1 July to 31 August, our box office is open from Monday to Friday between the hours of 9.00 and 12.00 h. You may reach us by telephone between the hours of 9.00 and 13.00 h. The box office is closed on Saturdays, Sundays and public holidays during the months of July and August.

Advance ticket sales
For events sponsored by Gesellschaft der Musikfreunde itself, advance ticket sales for members commence 2 months prior to the event date; general advance ticket sales commence one week later. For extraordinary events sponsored by Gesellschaft der Musikfreunde, and for subscriptions and festivals, there are special advance ticket sale periods, which are announced separately. Where the advance ticket sales would commence on a Sunday or public holiday, then the first day of ticket sales is the following business day. Advance ticket sale periods for external events are determined by the sponsor of that event.

Ordering tickets via the internet, email, facsimile or telephone
All ticket orders are binding, whether placed by internet, email, facsimile or telephone. On orders placed via the internet, email, telephone or facsimile, a contract is formed when the booking confirmation is delivered to the purchaser. Payment of the ticket price is taken via the means of payment you select. The tickets you have booked may be collected during our opening hours at the box office or one hour prior to the commencement of the event, upon production of your credit card or your booking confirmation. In the case of print@home bookings, we do not offer box-office collection.
The following forms of payment are accepted:

  • Credit cards: VISA, Mastercard, Diners Club, JCB, American Express
  • Online bank transfers: Bank Austria, Erste Bank and Sparkassen, Hypo, Raiffeisen, BAWAG P.S.K, Volksbank, giropay
  • Sepa direct debit

In the case of reversed direct debits, we reserve the right to charge a processing fee of €10 plus any bank charges incurred.

Exchanging and cancelling tickets, right of rescission
Under no circumstances may tickets be exchanged or bookings cancelled.
Pursuant to sec. 18 (1) (10) Federal Act on Distance and Off-Premises Transactions [German acronym: FAGG], there is no right of rescission with respect to services rendered in connection with leisure time activities if the contract envisages a particular time or period for the entrepreneur’s performance. Pursuant to sec. 4 (1) (11) FAGG, we hereby inform the customer regarding the fact that there is no right of rescission under sec. 18 FAGG.
We reserve the right to make changes to the performance cast, dates and/or programme content and stage scenography; such changes do not entitle customers to return their admission tickets.
In cases of cancellation of events sponsored by Gesellschaft der Musikfreunde itself, the admission ticket may be redeemed within 3 months from the date of the cancelled event. All claims are deemed to lapse upon expiry of that period.
Members and subscribers have the option of depositing their season tickets with the box office for sale on commission (in exchange for a 10% fee in the case of subscribers; free of charge for members in respect of the first two season tickets per cycle).
Individual tickets (i.e. tickets which have not been purchased under a subscription) may, at the discretion of the box office and depending on demand, be deposited with the box office for sale on commission for a fee of 20% of the ticket price.
The proceeds arising out of the sale upon commission (commission monies) may be collected at the box office up to no more than 6 months from the end of the current season, from Monday to Friday between the hours of 9.00 and 18.00 h and on Saturdays between 9.00 and 13.00 h, upon production of your commission ticket. Please note that no disbursements are possible outside these hours (in particular: no disbursement possible immediately prior to concert events). 

Wheelchair seating areas
There are special seating areas specifically for wheelchair users. Tickets for these seats must be requested at the time of purchase, up to one business day prior to the event. The wheelchair accessible door is located at the main foyer. A ramp on the right side enables wheel chair users to access the foyer without any barriers.

Admission 
The Musikverein building opens 1 hour before the event commences, and members of the public are only granted admission if they are in possession of a valid ticket for admission. Admission to the concert hall is announced by the sounding of a bell, which as a rule is 30 minutes prior to the commencement of the event.
Latecomers may not enter the concert hall on their own after the event has commenced. Admission during a break between orchestral movements is not permitted. At best, latecomers will only be admitted during a prolonged interruption or during the interval, but in any event only when accompanied by an attendant. The foregoing also applies with respect to orchestra seats or balcony seats and to standing room areas.
Print@home tickets should be printed out on whole-page A4 paper and ticketholders should protect the tickets against soiling or damage. The barcode and QR codes must be fully legible. The ticket is invalidated at the time of the ticketholder’s initial admission when the code is scanned. Holders of further printouts or copies will not be granted access. Proof of the individual’s identity as the purchaser of the ticket is irrelevant for purposes of admission.
Tickets which are labelled “Club 20” may only be used by individuals who are able to produce a valid Club 20 season pass for the current season. 

Cloakrooms
outer garments (coats, jackets etc.), umbrellas, canes, walking aids, child pushchairs, bags (with the exception of ordinary handbags), backpacks and other items not needed for attendance at the event (particularly where they are or might be bulky, hazardous or entail increased risk to others) must be left with at the cloakroom. Canes may be taken in by frail persons if absolutely needed. Hats should be taken off while in the concert hall. Items of property which are laid aside in unmonitored areas will be removed and may be collected from the cloakroom at the end of the concert upon payment of the cloakroom fee. If not collected, they will be handed over to the lost and found office.
At the cloakroom, visitors may only deposit items of clothing and other items of property which are commonly brought by members of the public to concert halls. In the event of a dispute, the attendants’ decision is final. Under no circumstances may visitors deposit animals with cloakroom personnel.
Gesellschaft der Musikfreunde disclaims all liability for valuables which are handed in separately or deposited within clothing, bags or other items of property (e.g. musical instruments, cameras, jewellery, ID papers, other papers, cash, credit cards) and for other items of clothing and other property which have not been handed in to the cloakroom.A fee will be collected by Gesellschaft der Musikfreunde for storage of items of property left with the cloakroom.

Recordings, in particular photography and/or sound recordings
Visitors are prohibited from making sound, image or film recordings by any technical process whatsoever, prior to, during and following events, unless the visitor holds a special permit to do so. In particular, the sale and other exploitation of recordings is prohibited.
Where the event sponsor itself or any person engaged by the event sponsor makes sound, image or film recordings using any technical process whatsoever, visitors are deemed to grant to the event sponsor and to persons engaged by the event sponsor their express consent that any recordings made of them during or in connection with the event may be commercially exploited by means of every current or future technical process, without compensation to such persons and without any limitation in time or geographical scope.

Mobile telephones 
Visitors must switch off mobile telephones and other mobile electronic devices (tablets, laptops, video cameras, portable game consoles etc.) prior to the commencement of the event. Any use of such devices of persons who are not employees of Gesellschaft der Musikfreunde is strictly prohibited during the event. 

Smoking 
Smoking and lighting of cigars, cigarettes and the use of e-cigarettes and the like are banned throughout the entire building.

House rules
By purchasing a ticket, you are deemed to acknowledge Gesellschaft der Musikfreunde’s house rules.

Terms and conditions of sale - shop
The following terms and conditions of sale apply to all of the goods sold in Musikverein’s shop. The contracting party for transacting such purchases is “Musikverein Handels-GmbH”. You will find further information on “Musikverein Handels-GmbH” in our shop imprint. 

Terms of payment 
Goods from “Musikverein Handels-GmbH” are supplied upon prepayment by the customer. Amounts invoiced to customers must be received by “Musikverein Handels-GmbH” without any deductions. All goods remain the property of “Musikverein Handels-GmbH” until full payment is received.
Payments which are not received in full will be considered partial payments and will be credited to the customer’s oldest liability, notwithstanding any earmarking to the contrary. In such cases, the goods shall likewise remain the property of “Musikverein Handels-GmbH” until full payment is received. In the event of a payment default by the customer, the customer is deemed to owe default interest at a rate of 9% p.a. in accordance with sec. 1000 of the Austrian Civil Code [German acronym: ABGB] in conjunction with sec. § 6 (1) (13) Consumer Protection Act [German acronym:  KSchG] as well as all dunning, collection, recovery and credit bureau charges as well as the costs of any counsel engaged by “Musikverein Handels-GmbH”. In addition, in the event of any payment default going beyond a six week period, “Musikverein Handels-GmbH” is entitled to unwind the transaction upon the setting of a 14-day grace period, whilst giving notice to the customer that “Musikverein Handels-GmbH” may resile from the contract.

Prices, orders, terms and conditions of delivery
All prices are quoted inclusive of suitable packaging, VAT and all other taxes and surcharges, but (depending on the product in question and the country of the recipient) any costs of shipping that arise may be added and will be separately shown prior to payment.
All deliveries by “Musikverein Handels-GmbH” shall be made by the mode of shipping approved by the customer at the time of the order to the address indicated by the customer. Within Austria, shipping is ordinarily handled via österreichische Post AG. You may obtain information on shipping fees here. Where shipping is by another method upon request of the customer (air freight, courier or comparable means of transport), the customer is required to bear the additional costs arising. The possession and risk are deemed to pass to the customer at such time as the item is handed over to the forwarding company approved by or selected by the customer. Where the customer is a consumer, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by that consumer who is not identical to the forwarding agent. Where the consumer has himself concluded the shipping contract without availing himself of one of the options proposed by “Musikverein Handels-GmbH”, the risk is already deemed to pass at such time as the item is handed over to such shipping agent.
Goods ordered from the shop are prepared for shipping as soon as possible following receipt of the customer’s order. The customer’s order is considered a binding offer. The contract is formed at such time as the order is confirmed; receipt of payment from the customer is deemed a condition precedent to shipment. Delivery to the customer will be made within 3 weeks from the receipt of the customer’s order.
Musikverein Handels-GmbH” is only able to accept orders within the scope of available items. “Musikverein Handels-GmbH” reserves the right to reject orders without the need to state grounds of rejection or to accept them only with respect to a portion of the quantities ordered, regarding which it will in each case promptly inform the customer. In addition, “Musikverein Handels-GmbH” reserves the right, in the light of items of limited availability, to reduce the number of goods supplied due to unavailability of items, or to cancel an order without this giving rise to any claim by the customer for compensation.
Musikverein Handels-GmbH”’s liability to the customer for losses including any and all consequential losses suffered by the customer, in particular, due to “Musikverein Handels-GmbH”’s failure to perform, breach by poor performance or default shall (except in cases of personal injury) require gross negligence by “Musikverein Handels-GmbH” and, in cases of gross negligence, shall be limited to the amount of the purchase price of the relevant goods. The customer’s statutory warranty rights remain unaffected hereby.
Goods ordered “for collection” shall remain reserved for the customer until one month, at a maximum, from the date they were made ready for collection. This date is shown on the relevant order confirmation. In the event that following expiry of such period, the customer fails to collect and pay for such goods, “Musikverein Handels-GmbH” is at liberty to resile from the contract and/or to unwind the contract with respect to the goods in question.
Where the customer refuses to accept a shipment for which he or she has paid or where the shipment is returned to “Musikverein Handels-GmbH” marked “not collected” or “undeliverable”, “Musikverein Handels-GmbH” will inform the customer thereof and the customer will be advised of the following: Costs that arise due to a failure of the customer to accept delivery or an incorrect address will be charged to the customer’s account. Re-shipment will only be made after the customer has paid the relevant additional shipping charges. Where the customer fails to do so or where the customer fails again to accept the goods, “Musikverein Handels-GmbH” is entitled to resile from the contract. In the event of rescission of the contract, “Musikverein Handels-GmbH” is entitled to deduct and withhold the costs of shipping and returning the goods from the amount of money to be reimbursed to the customer. In the event of a failure of a shipment, the customer should immediately contact “Musikverein Handels-GmbH” to enable it to obtain the insurance-related information from the customer. 

Consumer’s right of rescission / advice on rights of cancellation - shop
In respect of contracts concluded via the online shop, the customer may resile from the contract within 14 days’ time, without the need to state grounds of rescission. This period commences to run at such time as the goods are received by the customer. However, where the customer has not received the information under sec. 4 (1) (8) FAGG in full, then the period for rescission is a further 12 months from the date the goods are received; where such information is subsequently received, then the period for rescission shall lapse 14 days from the date the information is provided, but not later than at the end of the above-referenced 12-month period. Customers may exercise their rights of rescission inter alia by timely dispatch of the model cancellation form forwarded together with the order confirmation, to the address noted therein.
In all other cases, declarations of rescission should be sent to the following address:

Musikverein Handels-GmbH
Musikvereinsplatz 1
A-1010 Wien
Telefax: +43 1 505 94 09

Customers must return goods promptly to us (within 14 days at the latest); both the return and the shipment of goods is at the customer’s cost and expense. Refunds of payments made by customers will likewise be made promptly via the same means of payment as the customer used to make the purchase, within no more than 14 days from the date the returned goods are received / proof is provided of the return of the goods. “Musikverein Handels-GmbH” will withhold an appropriate fee from any refund for the use of the goods, including an amount of compensation for any reduction in the fair value of the goods associated therewith; acceptance of the goods for the customer’s possession and examination of their qualities and characteristics to the necessary extent will not, on its own, be deemed to constitute diminution of the value of the goods.Where the customer is unable to return the goods he or she has received to “Musikverein Handels-GmbH” in whole or in part, or can only return them in worse condition, the customer will be required to compensate “Musikverein Handels-GmbH” for the value thereof to the extent the customer derived a clear and preponderant benefit therefrom. Claims for damages remain unaffected hereby. In any event, “Musikverein Handels-GmbH” will be entitled to deduct the amount of such compensation from any refund.
The customer may also forward any complaints to the above physical address. “Musikverein Handels-GmbH” does not operate any customer service department of its own, and there are no (warranty) terms other than the present ones.

Jurisdiction and venue and applicable law
Exclusive jurisdiction and venue for all disputes arising out of contracts with customers who are entrepreneurs within the meaning of the Austrian Consumer Protection Act shall be vested with the court with subject matter thereof located in the Vienna I district. The parties’ relations shall be governed solely by Austrian substantive law, but excluding any and all conflicts of law rules and excluding application of the United Nations CISG, except where, in the case of consumers, provisions of mandatory law which are more favourable to them apply for them.
Any departures from the present terms and conditions of payment and procurement shall be valid only if made in written form and will only attain validity when executed in proper corporate form by “Musikverein Handels-GmbH”.