General Terms and Conditions
General Terms and Conditions of Contract “ZOOM Ticketing” between
Verein ZOOM Kindermuseum, Museumsplatz 1, A-1070 Vienna, registered in the Austrian register of associations under ZVR no. 947954871, (“ZOOM”);
and
the customer designated in clause 2.1 of the General Terms and Conditions (“Customer”).
§ 1 Scope of application and general provisions
1.1 By placing an order, the Customer accepts the General Terms and Conditions. Deviating general terms and conditions and/or other deviating terms and conditions shall not be recognised unless ZOOM expressly agrees to their validity. This also applies to subsidiary agreements or amendments to the contract, which also require the express consent of ZOOM to be effective.
1.2 The business relationship between ZOOM and the Customer regarding the ordering of admission tickets (“Ticket”) in the ZOOM Children's Museum web shop is governed exclusively by these General Terms and Conditions (“GTC”) in the version valid at the time of the order.
1.3 The contract language is English
§ 2 Customers, registration and protection of the account
2.1 ZOOM’s offer is aimed at private customers (“Customers”). The purchase of tickets is permitted from a minimum age of 18 years and unrestricted legal capacity or with the consent of the legal representative.
2.2 In order to use the webshop, the Customer must create a user account (“User Account”) on the Website. The Customer must keep his/her access data for the user account protected against access by third parties and notify ZOOM immediately via the e-mail address office@kindermuseum.at in the event of suspicion of unauthorised access.
2.3 The user account shall run for an indefinite period and may be cancelled by the Customer at any time without notice. Cancellation can be effected by deleting the account or by sending an e-mail to office@kindermuseum.at. ZOOM may terminate the user account subject to a notice period of four weeks, in particular if the user account has not been used for more than one year. The right to terminate for good cause, in particular in the event of a breach of applicable law or these GTC, remains unaffected.
§ 3 Conclusion of the purchase contract
3.1 All offers made by ZOOM in the Webshop are non-binding invitations to the Customer to make a binding offer.
3.2 The customer can select tickets in the webshop and collect them in a virtual shopping basket using the [“Add to basket”] button and also remove them from the basket. Only by sending the order via the button [“order subject to payment”] does the customer submit a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer will ensure that his/her order is correct; he/she can view and change the data of his/her order and cancel the order before submitting it.
3.3 ZOOM shall confirm receipt of an order from the Customer with a confirmation of receipt by e-mail to the Customer. This confirmation of receipt does not constitute acceptance of the Customer's offer, but merely serves to inform the Customer that ZOOM has received the Customer's offer. If ZOOM accepts the Customer's offer, ZOOM shall confirm this by sending a separate e-mail to the Customer in the form of an order confirmation. Alternatively, ZOOM may also send the confirmation of receipt and order confirmation together to the Customer.
3.4 When purchasing tickets, the customer must check the confirmation e-mails as well as the tickets handed out later for completeness and correctness immediately after receipt. Later complaints are excluded.
3.5 The purchase of a ticket in the ZOOM Children's Museum web shop is binding and cannot be cancelled or amended once the contract has been concluded.
§ 4 Service, no right of cancellation for tickets
The ticket purchased by the customer entitles him/her to attend the performance, guided tour or exhibition at the ZOOM Children's Museum on the date stated on the ticket. Further services are not included in the ticket price, unless these are stated on the ticket.
As the aforementioned services are leisure services within the meaning of Section 18(1)(10) of the Austrian Distance and Off-Premises Selling Act (‘FAGG’), please note that pursuant to Section 18(1)(10) FAGG there is no right of cancellation under Section 11 FAGG. Other contractual or statutory cancellation rights of the customer are not excluded by this.
§ 5 Collection of tickets
5.1 Purchased tickets must be collected by the customer from the ZOOM Children's Museum ticket office with the electronically sent order confirmation at least 15 minutes before the start of the booked performance, guided tour or exhibition. For this purpose, the customer must provide proof of identity by means of the order confirmation and, on request, the means of payment used (credit card, EC card) and an official photo ID.
5.2 No compensation can be paid for tickets not used or only partially used (e.g. due to late arrival) or for tickets lost in any way whatsoever.
5.3 Customers arriving late cannot be admitted after the start of the event. Admission during the event is only permitted in consultation with the management of the day in consideration of participating artists and agents and the other customers. Unauthorised entry to the event constitutes a breach of the house rules.
§ 6 Prices
6.1 The prices of ZOOM shall apply in accordance with the respective valid price lists or as shown in the webshop. The current prices can be called up at https://www.kindermuseum.at/kontakt/eintrittspreise. The prices include the respective statutory value added tax. ZOOM reserves the right (particularly in the case of special exhibitions) to set prices that deviate from the price lists in individual cases. These will be indicated during the ordering process and on the tickets.
6.2 Price errors are reserved. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer wishes to purchase at the actual price. If the correct price is lower, the lower price will be charged.
6.3 The right to access the corresponding performance, guided tour or exhibition is only acquired upon full payment of the ticket purchased for this purpose.
6.4 Discounted tickets can only be purchased on site.
6.5 Tickets can only be paid for in euros and using the means of payment offered in the webshop.
§ 7 Cancellation or modification of exhibitions, guided tours or other special events
If an exhibition, guided tour or other special event, the title of which is printed on the ticket or for the sole purpose of which the ticket was purchased, is replaced by another, postponed or cancelled, ZOOM will take back any tickets already purchased and not used and refund the customer's payment.
§ 8 Liability
Liability towards the customer shall in any case be unlimited for damages caused intentionally or by gross negligence as well as for damages resulting from injury to life, body or health. Liability towards the customer for slight negligence is excluded; this does not apply if the customer is a consumer. Insofar as liability is excluded or limited in accordance with the above paragraphs, this also applies to the liability of vicarious agents and other third parties attributable to the ZOOM Children's Museum Association.
§ 9 Data protection
9.1 ZOOM processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) and the Data Protection Act (“DPA”).
9.2 Information and notes regarding the processing of personal data by ZOOM can be found in ZOOM's privacy policy at https://www.kindermuseum.at/datenschutz.
§ 10 Place of jurisdiction, applicable law
10.1 The entire business relationship between ZOOM and the Customer shall be governed exclusively by the law of the Republic of Austria. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 The place of fulfilment is Vienna and the competent court in Vienna is agreed as the place of jurisdiction. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the customer's domicile, habitual residence or place of employment is located shall have subject-matter jurisdiction.
§ 11. Consumer dispute resolution
11.1 The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
11.2 ZOOM is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.3 Customers can submit their complaint directly to ZOOM at the following e-mail address: office@kindermuseum.at.