1. Scope of Application

1. 1.1 These General Terms and Conditions (“GTC”) form the basis of the legal relationship between Wiener Residenzorchester Veranstaltungs GmbH (“WRO” or the “Organizer”) and those of its contractual partners who (i) book admission tickets for a public concert event individually (“Tickets”) or collectively for a group of persons (“Group Booking”) or for an exclusive concert event of WRO (“Exclusive Concert”), or (ii) visit a concert event of WRO (“Concert Visitors”), or (iii) purchase WRO merchandise (“Merchandise”), or (iv) use WRO’s digital offers, in particular its website www.wro.at (“Website”) (collectively: “Customers”).
2. 1.2 In addition to these GTC – depending on the circumstances of the respective legal relationship – the following Special Terms and Conditions (“STC”) apply:
   • STC of WRO for Consumers (“STC B2C”);
   • STC of WRO for Business Customers (“STC B2B”);
   • STC of WRO for Exclusive Concerts (“STC Exclusive Concert”).

   In the event of any contradictions, the respective applicable STC shall take precedence.

3. 1.3 By using the Website, purchasing Tickets or a Group Booking, booking an Exclusive Concert, purchasing Merchandise, or entering the concert venue, the Customer recognizes these GTC as well as the respectively applicable STC as binding.

2. Use of the Website

1. 2.1 By using the Website, the Customer accepts the terms of use set forth in this Section 2. The use of the Website primarily serves to provide information about the services offered by WRO, to contact WRO, and to purchase Tickets and Merchandise. Any unauthorized use of the Website for purposes other than those intended, such as the systematic reading of data, programs, or prices by means of automated processes (scraping), is prohibited. This also applies to the use of deep links or the embedding of the Website’s content on third-party platforms or websites, unless WRO has given its prior consent.
2. 2.2 The content of the Website (e.g., texts, images, graphics, layouts, programs, videos) is protected by intellectual property rights (in particular by copyright) in favor of WRO or its licensors. Any reproduction, distribution, making available to the public, or other exploitation except as expressly permitted by applicable law requires the prior written consent of WRO (and, if applicable, its licensors).
3. 2.3 WRO endeavors to ensure the greatest possible availability of the Website but is not liable for its constant, uninterrupted, and error-free accessibility. Technical malfunctions, maintenance work, or force majeure do not entitle the Customer to claim damages, provided there is no gross negligence or intentional misconduct on the part of WRO.

3. House Rules for Concert Events

1. 3.1 The following provisions apply to all Concert Visitors. By entering the concert venue, the Concert Visitor accepts these house rules.
2. 3.2 The Organizer exercises domiciliary rights through its staff. The instructions of the staff (e.g., evening service, security) to maintain safety, fire safety, and an orderly conduct of the event must be followed at all times and immediately.
3. 3.3 The Organizer is entitled to expel people who disturb the concert event, harass other Concert Visitors (e.g., through improper behavior, excessive alcohol consumption, or offensive body odor), or otherwise violate the house rules from the venue without entitlement to a refund of the ticket price (or any other claim for compensation).
4. 3.4 Outerwear (coats, jackets, etc.), umbrellas, sticks (excluding walking aids), backpacks, bags, suitcases, and bulky items (pieces of luggage larger than A4 format) may not be taken into the concert hall and must be left at the cloakroom (see Section 5). The Organizer reserves the right to check the luggage of Concert Visitors to ensure safety.
5. 3.5 The Concert Visitor acknowledges that if they arrive late at the venue, admission to the concert hall after the start of the concert performance is only possible between two performance pieces – in coordination with the Organizer’s staff.
6. 3.6 Public concert performances are generally also accessible to Concert Visitors with limited mobility. Due to the physical layout of the respective concert venue, however, it may be necessary to use an alternative route via the elevator, accompanied by an employee of the Organizer. This may lead to delays in admission to the concert hall. The Organizer can therefore only guarantee timely admission to the concert hall for Concert Visitors with limited mobility if they report to the Organizer’s staff at the venue at least 15 minutes before the start of the event.
7. 3.7 Concert Visitors are strictly prohibited from making video, audio, and/or video-and-audio recordings at any time during the concert performance, without exception. Mobile phones and other electronic devices must be switched off or set to silent before the start of the event. In the event of a violation, the staff is entitled to warn the Concert Visitors concerned and, if the violation continues, to expel them from the concert hall (in this case, no refund of the ticket price is due).
8. 3.8 By entering the concert venue, while being appropriately informed, the Concert Visitor acknowledges that the Organizer or third parties commissioned by it may create photo, video, audio, and/or video-and-audio recordings in the context of the event. These recordings may be used by the Organizer without limitation as to time, territory, or scope for customary commercial purposes (in particular for marketing, documentation, and advertising purposes). The Concert Visitor has no claim to remuneration in this regard. WRO ensures that legitimate interests of the Concert Visitor (personality rights) are not unduly compromised. A general objection to the making of recordings at the venue is excluded.
9. 3.9 In addition to the rules set forth in this Section 3, the house rules of the lessor of the concert venue may have to be observed. These remain unaffected by the regulations of these GTC and continue to apply in full. Concert Visitors are obliged to familiarize themselves with and comply with the house rules of the lessor posted at the concert venue. In the event of any inconsistencies between the lessor’s house rules and the rules set forth in this Section 3, the lessor’s specifications shall take precedence.

4. Cloakroom

1. 4.1 Items will be held in safekeeping by the Organizer at the cloakroom upon payment of a fee, against which a cloakroom token will be issued. Handing in certain items is mandatory due to safety regulations (see Section 4.4). In the event of any uncertainty, the assessment of the Organizer’s staff is binding for the question of whether an item must be handed in.
2. 4.2 Liability of the Organizer for valuables kept in bags or clothing (in particular cash, credit cards, keys, jewelry, or electronic devices) is excluded. For the avoidance of doubt, it is noted that (also) the liability for cloakroom items is limited according to the general provision in Section 8 of these GTC.
3. 4.3 In the event of loss of the cloakroom token, the item in question will only be returned after presentation of adequate proof of ownership and, if necessary, only after all other cloakroom items have been distributed to their respective owners. The Concert Visitor is liable for any losses, costs, or damage incurred by the Organizer as a result of the loss of the token.

5. Multimedia Elements of the Concert Performance

1. 5.1 The concert events are in some cases supplemented by video and light effects delivered using elaborate projectors and state-of-the-art technology. The Organizer will provide appropriate prior notice of such multimedia elements in concert events. The Customer acknowledges this multimedia design, where applicable, as an integral yet secondary element of the concert event.
2. 5.2 Persons who are sensitive to rapid light changes, strobe effects, or intense projections due to medical conditions (e.g., epilepsy) visit concert events with multimedia elements at their own risk. The Organizer fulfills its duty of care through adequate information on the Website and by placing warning signs at the entrance. Liability of the Organizer for health consequences due to the use of these multimedia elements is excluded, unless there is gross negligence or intentional misconduct.
3. 5.3 If a temporary technical failure, a delay in the performance due to technical problems (waiting time up to 30 minutes), or the complete failure of some or all multimedia components means that the concert performance can only take place without these multimedia elements, this does not generally entitle the Customer to a reduction in the ticket price or to withdraw from the contract. The core of the Organizer’s service is the classical musical performance.

6. Intellectual Property and Related Rights to the Concert Performance

1. 6.1 The entire presentation of the concert performance, in particular the choreography, the stage design, the lighting concept, and the interaction of music and multimedia content, is protected by intellectual property rights and related rights of the Organizer or the artists acting on its behalf.
2. 6.2 Any unauthorized reproduction, distribution, making available to the public, or other exploitation of the content of the concert performance, the presentation of the entire concert event, or parts thereof (in particular the audiovisual design) by the Customer is strictly prohibited.
3. 6.3 In the event of a violation of the filming or photography prohibition as set forth in Section 3.7, the Customer undertakes to immediately delete the unlawfully recorded material at the Organizer’s request and shall be liable to the Organizer for all damages arising from the infringement of the Organizer’s intellectual property or related rights.

7. Limitation of Liability

The Organizer is liable for damages caused by intentional misconduct or gross negligence. Liability for damages caused by ordinary negligence, however, is excluded (personal injury is exempt from this exclusion of liability).

8. Applicable Law and Jurisdiction

1. 8.1 Austrian law shall apply, excluding the conflict of law rules of international private law (IPR) as well as the UN Convention on Contracts for the International Sale of Goods (CISG).
2. 8.2 For all disputes arising from or in connection with the contractual relationship between WRO and the Customer, the courts of Vienna shall have exclusive jurisdiction, provided that it is not a consumer transaction within the meaning of Section 14 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, “KSchG”). For consumers, the statutory rules on jurisdiction shall apply.

1. Scope of Application

These STC B2C apply in addition to the GTC for all contracts concluded between WRO and consumers (within the meaning of the Austrian Consumer Protection Act, Konsumentenschutzgesetz, “KSchG”) regarding the purchase of Tickets and Merchandise via distance contracts through the WRO online shop (“Webshop”).

2. Purchase of Tickets and Merchandise in the Webshop

1. 2.1 The presentation of Tickets and Merchandise on the Website serves exclusively for informational purposes and does not constitute a binding offer by WRO regarding the actual availability of these products (invitatio ad offerendum).
2. 2.2 A purchase in the Webshop is concluded through the following steps: The offer to conclude a purchase contract originates from the customer by completing the steps provided in the Webshop ordering process and finally clicking the button “confirm & pay”.
3. 2.3 During this electronic ordering process, the Customer is given the opportunity to review and correct the entries made (number of tickets, date, seat category, etc.) at any time via a standard correction tools (e.g., navigation or editing functions) before submitting their offer. Any input errors discovered after the order has been placed are the sole responsibility of the Customer.
4. 2.4 Immediately upon receipt of the Customer’s order, WRO will send an automatic electronic confirmation to the email address provided by the Customer during the ordering process.
5. 2.5 The purchase contract is concluded when WRO accepts the Customer’s offer. This is done by (a) the electronic transmission of a notice of acceptance (booking confirmation by email) or the delivery of the ordered tickets, or (b) by actual charge to the Customer’s payment method. Until this point, WRO reserves the right to reject the Customer’s order without stating reasons, particularly in cases of overbooking, technical errors, or evident misuse or abuse by the Customer.
6. 2.6 The contract documents (customer order, terms and conditions, order confirmation) are stored by WRO. The terms and conditions are available to the Customer on the Website. WRO recommends that the Customer save the order confirmation and the applicable Terms and Conditions electronically or print them for their records.
7. 2.7 Tickets are issued in digital form. The Customer receives the digital ticket via email upon conclusion of the contract. Delivery will generally take place within 24 hours of conclusion of the contract. The Customer must have the technical requirements (smartphone, a valid and active email account, PDF reader, printer if applicable) to access, save, or (if desired by the customer) print the digital ticket. WRO accepts no liability for the incorrect or failed display on the Customer’s device. The customer bears sole responsibility for the correct provision of their email address during the ordering process and must ensure that emails can actually be received at this address (checking the spam folder). Furthermore, the Customer is responsible for downloading the digital ticket in a timely manner, saving it on a mobile device, or printing it in a legible form.

3. Right of Withdrawal for Tickets

In accordance with Section 18 (1) no 10 Austrian Act on Distance and Off-Premises Sales (Fern- und Auswärtsgeschäfte-Gesetz, “FAGG”), contracts for the provision of services related to leisure activities are excluded from the right of withdrawal, provided that a specific date or period for performance is stipulated in the contract. As Tickets are issued for a specific date, the statutory right of withdrawal does not apply to the purchase of Tickets.

4. Exchange and Transfer of Tickets

1. 4.1 A exchange of Tickets after purchase for other dates, seat categories, or a return of Tickets for a refund of the purchase price is excluded (except in the event of a cancellation under Section 7.2 or an interruption under Section 7.3).
2. 4.2 Tickets are transferable. The resale of a Ticket by the consumer is permitted, provided that the resale is not carried out for commercial purposes and does not significantly exceed the original Ticket price. In the event of suspected commercial resale or price gouging, WRO may render the Ticket invalid.

5. Admission to the Concert Event

1. 5.1 Admission to concert events is only possible with a valid Ticket.
2. 5.2 In the event of loss of the Ticket, duplication or copying of the Ticket by the Customer, or transfer of the ticket to third parties, the Customer shall have no right to a replacement ticket or admission to the event if the Ticket has already been used by another person. The Customer is obliged to keep the Ticket secure and prevent unauthorized access by third parties. WRO is not obliged to verify the identity of the Ticket holder.
3. 5.3 If the Ticket cannot be read due to poor print quality (e.g., smudged or faded print) or technical problems with the mobile device (e.g., cracked display, empty battery), WRO reserves the right to refuse admission. The Customer shall not be entitled to a refund in such cases.

6. Obligations of WRO regarding Concert Events

WRO’s obligations include admitting the Customer to the booked concert event and providing a seat in the agreed seating category. Beyond the concert performance of the concert event, WRO is under no obligation to provide tourist services, transfer services, or parking facilities.

7. Cancellation, Modification and Interruption of Concert Events

1. 7.1 The Organizer reserves the right to make minor, necessary, and potentially short-notice changes (e.g., substitution of individual program items, substitution of performers, shortening of the duration of the performance due to unforeseen circumstances such as illness or force majeure). These changes do not entitle the Customer to return the Ticket for a refund of the purchase price or to claim damages, provided that the overall musical character of the event (e.g., “Classical Concert Viennese Style in Chamber Music Arrangement”) is maintained and the change is reasonable in all the circumstances.
2. 7.2 If the concert event is cancelled with no alternative performance offered (i.e., it does not take place and no reasonable alternative date is offered by WRO), the Customer will receive a refund of the Ticket purchase price paid. The refund will be made within 30 days of the announcement of the cancellation, to the payment account or payment method used for the original purchase. Customers will receive a notification of the refund by email. For Customers who purchased their ticket through the Webshop, the refund will be processed automatically. In the case of purchases from authorised ticket outlets, the Customer must present the original ticket (or receipt) to the Organizer within 14 days of the announcement of the cancellation or transmit a legible scanned copy by email.
3. 7.3 In the event of an event interruption occurring after the start of the performance, the Ticket purchase price will only be (on a pro-rata basis) refunded if less than half of the performance has been performed at the time of the interruption.
4. 7.4 In the event of cancellation or interruption, the Organizer will not reimburse any Customer expenses in excess of the Ticket purchase price paid. This includes, in particular, travel costs (flight, train), or accommodation costs (including hotel costs). The Customer assumes the risk of any such additional costs.

8. Withdrawal for Merchandise

1. 8.1 When purchasing merchandise in the Webshop, the Customer is entitled to the statutory right of withdrawal in accordance with Section 11 FAGG. The Customer has the right to withdraw from the contract within fourteen days without giving reasons.
2. 8.2 The period is fourteen days from the day on which the Customer or a third party named by them has received the goods. To exercise the right of withdrawal, the Customer must inform WRO of their decision by means of a clear and unequivocal statement (e.g., letter, email). To meet the deadline, it is sufficient to dispatch the declaration before the expiry of the withdrawal period. WRO recommends using the statutory model withdrawal form (available on the Website).
3. 8.3 The right of withdrawal for merchandise is excluded in the case of:
   • Delivery of sealed audio or video recordings or computer software where the seal has been broken after delivery, where the Customer has broken the seal after delivery.
   • Goods manufactured to the Customer’s specifications or clearly tailored to their personal needs (e.g., personalised souvenirs).
4. 8.4 In the event of a valid withdrawal, WRO shall refund all payments received from the Customer (including the standard delivery costs for the outward shipment) without undue delay, and in any event no later than fourteen days after receipt of the withdrawal notice. WRO may withhold the refund until it has received the returned goods or the Customer has provided conclusive evidence that the goods have been dispatched, whichever is the earlier. The refund shall be made using the same payment method as used by the Customer for the original transaction, unless expressly agreed otherwise in writing.
5. 8.5 The Customer shall return the goods to WRO without undue delay, and in any event no later than fourteen days from the date on which WRO was notified of the withdrawal. The direct costs of returning the goods shall be borne by the Customer. The Customer also bears the risk of loss or damage during return shipment.
6. 8.6 The Customer shall be liable to compensate WRO for any diminution in the market value of the goods where such loss in value is attributable to handling beyond what is necessary to assess the nature, characteristics, and functioning of the goods. WRO reserves the right to inspect the returned goods. Any such compensation may be deducted from the refund amount. The compensation shall be calculated on the basis of the objective diminution in value of the goods and may amount to the full purchase price if the goods can no longer be sold as new due to use or damage.