GENERAL
TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR THE AFROCUBAN DANCE FESTIVAL MENÉATE VIENA 30.03.-02.04.2023
1. ORGANIZER
1.1. The event is hosted by the independent non-profit association “Menéate viena – Verein zur Förderung der kubanischen Kultur“ (Central Register of Associations ZVR 1867361608).
1.2. The office of the association is located at Hoerlgasse 16, Top 4, 1090 Vienna. The organizer can be contacted at the email address info@meneate-viena.at.
2. GENERAL REMARKS
2.1. These General Terms and Conditions (“GTC”) pertain to participation in and re-lated ticket sales for the above event hosted by the above organizer. Differing terms and conditions of the participant do not apply.
2.2. The organizer reserves the right to changes and modifications to these terms. Possible changes and modifications become valid through publication on this webpage or on the event site www.meneate-viena.at
3. REGISTRATION AND CONCLUSION OF CONTRACT
3.1. Registration is only possible through purchase of a personalized ticket at the www.meneate-viena.at web shop. All registrations are binding and will be pro-cessed in the order received.
3.2. With the details provided on the website, the organizer makes an offer for con-clusion of a purchase contract. By completing the entire order process and click-ing on the “submit order” button on the last input form, the participant accepts this offer to conclude a purchase contract. The buyer may correct input errors at any time, at the latest before bindingly submitting the order, by clicking on the “back” button and returning to the previous webpage(s), where earlier input can be revised. The buyer may terminate the order process at any time by closing the web browser. Effective acceptance of the offer by the participant presuppos-es that the participant has filled out all required fields in the order form (marked by “*”) and agreed to these GTC.
3.3. The contract on participation in the event only takes effect once the organizer has confirmed the registration in writing to the participant by email and an e-ticket has been issued. Changes and/or modifications to the contract are to be made in writing. This also applies to the revocation of the written form requirement.
3.4. The e-ticket issued also serves as invoice. It contains all information on the or-der transacted (incl. ticket ordered, price). All prices are shown as net prices in Euro; as “Menéate Viena” is a non-profit association, its activities are exempt from value-added tax.
3.5. If a payment is charged back (e.g. due to insufficient coverage of the account specified in the order), the participant has to compensate any damage or ex-penditure resulting from the chargeback. In particular, this includes the bank charges as well as a handling fee in the amount of 10€ per chargeback for pro-cessing by the organizer. In case of wrongful credit card chargeback, processing costs in the amount of 40€ are charged.
3.6. In case of a chargeback, the organizer is entitled to rescind the contract at once. The participant thus loses his/her right to participate in the event booked. Further claims of the organizer vis-a-vis the participant are not affected thereby.
4. RIGHTS OF RESCISSION AND TRANSFER
4.1. Purchased tickets may not be returned. Every ticket order is binding and obliges the buyer to accept and pay for the tickets ordered. Due to the statutory excep-tion as per Art. 18 para 1(10) FAGG (Austrian Distance Selling Act) for services rendered in connection with leisure activities, there is no right of rescission.
4.2. Until 24.03.2023 the ticket can be transferred to another party. To do so, the original ticket holder must notify the organizer at info@meneate-viena.at about the transfer and provide the following details of the new ticket holder: first name, last name, and email address. A fee of 10€ is to be paid for processing the transfer. The transfer becomes valid upon receipt of the 10€. Relevant instructions for payment of the 10€ will follow once the ticket transfer option is exer-cised.
4.3. After 24.03.2023 a ticket transfer is no longer possible.
5. E-TICKETS & WRISTBANDS
5.1. To be admitted, the personalized e-ticket that was sent to the provided email address directly after the purchase as well as a photo ID matching the personal details on the e-ticket must be shown at check-in. Tickets must not be misused, duplicated or altered.
5.2. Without e-ticket plus proof of identity access to the event is not possible!
5.3. Every participant is obliged to keep the ticket available electronically or as printed copy for the duration of the event and to show it upon organizer request. In case of problems with ticket delivery, please contact the organizer at info@meneate-viena.at (first, please also check the spam folder).
5.4. Every ticket holder receives a wristband for the duration of the entire festival. The wristband may only be exchanged if it is clearly damaged or defective. In such a case, please bring the damaged / defective wristband to the check-in point to exchange it for a new one. In other cases (e.g. loss), the wristband cannot be replaced. To be admitted anew, a new ticket must be purchased.
5.5. The festival wristband must be worn for the entire duration of the event. Taking it off or passing it on to another party is prohibited.
5.6. Please mind when putting it on that the wristband fits comfortably.
6. CHANGE AND UPGRADE
6.1. Until 24.03.2023 it is possible to change an already purchased ticket if the desired ticket category is available at the time of the change and the new ticket is at least of the same value or an upgrade. To change your ticket for another, please write to the organizer at info@meneate-viena.at and pay the difference incurred (between the original price and the current price of the desired new ticket) as per the organizer’s instructions.
6.2. If you change to a lower-price ticket, the difference in price cannot be refunded.
7. SERVICES
7.1. The scope of contractual services of the event follows from the details provided on the event website www.meneate-viena.at.
7.2. Journey to the location(s), accommodation and meals are not included in the event offer.
7.3. No claim to reimbursement of the participation fee arises if a contract partner does not make use of duly offered services in entirety or in part.
8. PROGRAM CHANGES
8.1. The organizer reserves the right to make changes to the festival program, which, if necessary, may concern content, artists, event locations and organization. Such changes will only be made insofar as they do not entail a substantive dis-advantage for the participants.
9. CANCELATION OF THE EVENT
9.1. The organizer reserves the right to completely or partly cancel the event with reasonable notice. Reasons for this may be: too few participants, program can-celations, organizational reasons, cancelations from artists, force majeure or other unforeseeable reasons ruling out execution of the event. In case of cancelation ticket holders will be notified promptly.
9.2. “Force majeure” in terms of these GTC refers to any extraordinary event outside the organizer’s adequate control directly affecting the event and rendering it im-possible, unfeasible or unsafe. In particular, but not exclusively, this includes: threat of terrorism or war; public catastrophes, epidemics or pandemics; acts, provisions, decrees or decisions by a domestic, international or other competent authority, inclusive of domestic and international travel restrictions and/or restrictions on entering the country as well as other restrictions and/or requirements suitable to impair the economic viability of the event (e.g. regulations on compliance with safety distances or limitations on permissible participant numbers). It is noted that in terms of these GTC the COVID-19 pandemic (or any other pandemic or epidemic) as well as possible acts, provisions or decrees is-sued by a public authority in connection with such a pandemic or epidemic are deemed a case of force majeure, regardless of whether this was foreseeable or not.
9.3. If the event is canceled completely, the organizer has the right within 30 days from cancelation to propose an alternate date scheduled within a maximum of 18 months after the original event date. All previously purchased tickets remain valid for the new date. The participant has the right within 30 days from announcement of the alternate date to claim reimbursement of the ticket price. The organizer will notify the participant of the right to reimbursement and the processing details for such reimbursement when announcing the alternate date. If reimbursement has been claimed in due time, the ticket price will be refunded by the organizer to the ticket buyer within 30 days from being notified of the re-imbursement request, in principle fully but less a handling fee of 10€ to cover bank charges and administrative costs.
9.4. Claims for damages and further liabilities may not be asserted. This also applies to travel cost and accommodation reimbursements as well as the costs for work hours lost.
9.5. If in cases of force majeure the event does not have to be canceled completely but the maximum permissible capacity of the event is reduced (for instance due to regulations on compliance with safety distances or limitations on maximum number of participants), the organizer may decide at their own discretion, which customers are entitled to attend the event. For those customers consequently not permitted to attend the event, items 9.3. and 9.4. apply.
10. FREE TICKETS AND OFFERS
10.1. Tickets won or complimentary tickets for the Menéate Viena Festival 2023 can-not be cashed out or transferred to another party or event. If not used, they are forfeited. Upgrades may be added to tickets won or complimentary tickets (cf. GTC item 6). If a ticket winner has already purchased a ticket, he/she may have it transferred to another party within 7 days from the win; thereafter a transfer is no longer possible.
10.2. Special offers may be subject to other conditions as specified in the respective special offer.
11. PHOTOS AND VIDEOS
11.1. Please note that during the event photographs will be taken and films made which may contain closeups of individual participants. Every participant of the event agrees irrevocably to such photos being taken and video and sound recordings being made. For streaming broadcasts as well as the making of photos, video and sound recordings by the organizer or persons commissioned by the organizer, the participant gives the organizer their express consent that the im-ages taken of him/her during or in connection with the event for the purpose of publicity for the association and its cooperation partners may be used without compensation and without temporal or spatial constraint in print, on general and event-specific websites of the association and its cooperation partners as well as on social media channels (e.g. Facebook, Instagram).
12. OTHER
12.1. All rights relating to name and logo of the festival are reserved for the organizer.
12.2. The organizer does not assume any liability for items lost or forgotten in the event locations.
12.3. Smoking is prohibited in all indoor areas of the event.
12.4. Care is taken at the event to avoid risk of injury, accidents and other harm to individuals’ health. The participant therefore expressly commits to complying with the safety instructions issued by the team of organizers and security staff. In any event, participation in the event is made at one’s own risk. Liability of the organizer for damage of any kind, especially but not exclusively during the journey to and from the event, in case of injury and accidents during the event, as a result of loud music or light effects, to property or other valuables, to third parties, consequential damage and damage resulting from force majeure, is expressly excluded..
12.5. The organizer reserves the right to expel participants from the event who do not follow instructions of the staff or disturb the peace during the event.
12.6. With these GTC the participant also agrees to the rules of conduct for the event published by the organizer at www.meneate-viena.at.
12.7. In accordance with EU regulations, our privacy statement at www.meneate-viena.at provides information on the processing of personal data.
12.8. The teaching methods used and workshop contents delivered at the festival are the intellectual property of the organizer and the artists commissioned by him and are subject to copyright in their entirety.
12.9. Admission restrictions due to Covid-19: if at the time of the event legally effec-tive or authority-ordered admission requirements are in place, these will be checked by the organizer manually and/or digitally at admission. To participate in the event, it is exclusively the participant’s own responsibility to meet such legally effective or official requirements in place in Vienna at the time of the event. Missing prerequisites provide no grounds for a claim to any kind of reimbursement of the purchase price.
13. CLOSING PROVISIONS
13.1. Austrian law applies exclusively. Application of the UN Convention on Contracts for the International Sale of Goods (CISG), the Conflict of Laws Principles of IPL, and Regulation (EC) No. 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regula-tion) is excluded. The sole place of jurisdiction for companies is the materially competent court in Vienna.
13.2. If individual provisions of these GTC are invalid or lose their validity through a circumstance arising later, the validity of the remainder of these GTC remains unaffected. The invalid provision is supplanted by a provision closest to what the contracting parties would have desired had they considered the respective point. The same applies for omissions in these GTC.
EVENT REGULATIONS
All participants of the Menéate Viena Festival 30.03.-02.04.2023 and other persons at the event locations are obliged to behave in such a way that others’ health and safety are not endangered and to abide by the safety regulations listed below.
1. Participation in the event is denied to:
a.) anyone bringing along prohibited items: alcohol, drugs, firearms, weapons, explosives or other dangerous items as well as clothing or items interfering with identification (e.g., a ski mask)
b.) any person behaving in an aggressive or insulting manner, failing to provide proof of identity, or refusing a safety inspection of person or belongings.
c.) anyone failing to meet possible Covid-19-related admission requirements that are legally effective or ordered by the authorities at the time of the event, or refusing to present the relevant documentation needed to the team of organ-izers or security staff.
2. We will remove anyone from the event who:
a.) behaves in an aggressive or insulting manner or might present a risk for other persons.
b.) brings along one of the prohibited items (cf. list 1.a.).
3. All participants are obliged to follow instructions by the team of organizers or the security staff.
4. All physical or verbal attacks on the team of organizers, security staff, artists or other participants will be reported to the police.
5. It is not permitted to climb over barriers of any kind or to endanger one’s own health and safety or that of other persons through any other conduct.
6. Parents or legal guardians are liable for minors.
7. Through their participation in the event participants consent to being filmed, recorded and photographed. Their images, voices and words can be used without compensation for marketing and advertising purposes in print, on general and event-specific websites of the association and its cooperation partners as well as on social media channels (Facebook, Instagram, among others).
8. If a fire or other emergency is discovered in the event area:
a.) inform the team of organizers or security staff without delay,
b.) avoid panic,
c.) follow the instructions given by the team of organizers or security staff.
9. The participants of the event understand that the main task of the security staff lies in averting danger or potential danger to body and property. Instructions by security staff as well as the team of organizers are to be followed without exception.
10. These event regulations are available at the website www.meneate-viena.at and will be displayed publicly at the event locations during the event.