General Terms and Conditions
Effective July 2017
General Terms and Conditions of the Event Organizer “Jazz & Musicclub Porgy & Bess”
These terms and conditions comply with the framework General Terms and Conditions for Event Organizers and Event Agencies, published and recommended by the professional organizations for the leisure industry within the Austrian Chambers of Commerce.
Subject Matter of the Contract
These General Terms and Conditions (house rules, venue regulations) apply to all visitors (participants) attending an event at Porgy & Bess and govern the rights and obligations of visitors during their stay. All events are also subject to the provisions of the respective event law of the City of Vienna.
Customer’s Right of Withdrawal
The organizer reserves the right to make changes to the program and cast; such changes do not entitle the customer to a refund, exchange of tickets, or any price reduction.
Return of Purchased Tickets (Cancellation)
If you wish to return purchased tickets, please contact us by email at ticket@porgy.at or by phone at +43 1 512 88 11 (Mon–Fri between 10 a.m. and 3 p.m.). Tickets may be exchanged for a voucher, subject to a cancellation/rebooking fee of €5 per ticket. If the cancellation is made by 3:00 p.m. on the day of the concert, only 50% of the ticket price can be credited; after that time, no refund is possible. For designated co-sponsored or third-party events, the cancellation policies of the respective organizer apply.
Terms of Payment
Deliveries by Porgy & Bess are made upon advance payment by the customer. The amounts invoiced must be received by Porgy & Bess without any deductions. Payments not received in full will be considered partial payments and, regardless of any other designation, will be applied to the customer’s oldest outstanding balance. In this case as well, the goods remain the property of Porgy & Bess until full payment has been made. In the event of late payment by the customer, default interest at a rate of 9% per annum, as well as all reminder, collection, assessment, and information costs, and the costs of any attorney retained by P&B, shall be owed in accordance with § 1000 ABGB in conjunction with § 6(1)(13) KSchG. Furthermore, in the event of a payment delay exceeding six weeks, P&B is entitled to rescind the contract—after setting a 14-day grace period and threatening to do so—by giving notice of rescission.
Ticket Orders via the Internet, Email, Fax, or Phone
All ticket orders—whether placed via the Internet, email, fax, or phone—are binding. For orders placed via the Internet, email, phone, or fax, the contract is concluded upon delivery of a booking confirmation. The ticket price will be charged to your preferred payment method. The tickets you have booked can be picked up during the advance ticket office’s business hours or starting 1 hour before the event begins upon presentation of your credit card or the booking confirmation.
The commercial resale of tickets without an explicit agreement with P&B is prohibited. In case of violation, tickets will become invalid.
The following payment methods are accepted:
When purchasing online, you can choose from the following payment methods:
SEPA Direct Debit Authorization: You grant Porgy & Bess one-time authorization to debit the amount due from your account. At the same time, you instruct your bank to honor the direct debit drawn on your account. Note: You may request a refund of the debited amount within eight weeks, starting from the date of the debit. The terms and conditions agreed upon with your bank apply. The amount due will be debited.
By credit card: Visa, Euro/Mastercard. The amount due will be charged to your credit card.
By PayPal: The amount due will be debited from your PayPal account.
In the event of a chargeback, we reserve the right to charge a processing fee of €10 plus any applicable bank fees.
Retention of Title
All purchased items remain the property of Porgy & Bess until the purchase price and all associated costs and fees have been paid in full.
Policy Regarding Cancellation or Interruption of the Event Due to Force Majeure
Events may be canceled due to technical malfunctions, official and/or legal orders or requirements, or illness or unavailability of the artist(s). Ticket refunds are only possible in the event of cancellation or rescheduling of the event. In such cases, the net ticket price will be refunded upon presentation of the ticket, excluding any processing fees. No travel expenses will be reimbursed in the event of cancellation or rescheduling of the event. We ask that you check before traveling to confirm whether the event will take place as planned.
Exclusion of Liability for Indirect or Consequential Damages
The organizer is liable exclusively for damages caused by it through willful misconduct or gross negligence. Liability for slight negligence, compensation for consequential damages, pure financial losses, lost profits, unrealized savings, loss of interest, and damages arising from third-party claims against the customer is excluded. The organizer is therefore not liable, in the event of cancellation, postponement, or changes to the program or lineup, for any expenses that may have been incurred, such as, in particular, travel expenses, hotel costs, and booking fees.
Admission to Events, Stay
Admission to events is permitted only upon presentation of a valid ticket. By receiving a ticket or admission pass, the holder agrees to abide by the provisions of these Terms and Conditions as well as the respective house rules. Once the entrance checkpoint has been passed, tickets are non-transferable; they must be retained or carried until the event has been left and presented to security personnel upon request at any time. The admission ticket is invalid without the detachable stub. Any misuse of tickets will result in their confiscation and invalidation, as well as the forfeiture of the purchase price and, if necessary, legal action. The sale, bringing in, and distribution of advertising or political promotional material, printed matter, merchandise, and the like—without prejudice to the relevant official regulations—is subject to the prior consent of the organizer. Overnight stays are prohibited throughout the entire event grounds without exception.
Permissibility of Audio, Photo, or Video Recordings
Professional photography, as well as professional film, video, and audio recordings for commercial purposes, are permitted only with written authorization from the organizer, issued in the specific person’s name. Visitors to P&B expressly and irrevocably consent to the use of their images and voices if such recordings were made in connection with the event. This consent is granted without compensation and without any temporal or geographical restrictions.
Instructions
In the event of danger, visitors will be instructed in a timely manner to leave the premises. Visitors must immediately comply with the relevant instructions issued by supervisory and security personnel. All other (safety) instructions issued by authorized persons must also be followed without exception and without delay.
Safety
Every visitor must conduct themselves in such a way that no one else is endangered, harmed, obstructed, or harassed. Information, mandatory, and prohibition signs, as well as instructions issued by security personnel or official supervisory authorities, must be strictly followed. The following are also prohibited: disrupting the event; engaging in political propaganda or actions; using or disseminating racially discriminatory or anti-constitutional slogans or emblems; throwing objects of any kind or spilling liquids of any kind; lighting fires, or setting off or firing fireworks, flares, smoke powder, smoke bombs, Bengal fires, rockets, sparklers, or other pyrotechnic devices; writing on, painting, or affixing stickers to structures, facilities, or pathways, or placing other objects within the premises; Relieving oneself outside the restrooms or littering the building by discarding objects, trash, packaging, empty containers, or similar items; obstructing or impeding traffic areas, walkways, driveways, entrances and exits to visitor areas, and emergency exits; standing on the seats in the spectator areas. Anyone who damages or destroys facilities is fully liable for the damages. Parents, legal guardians, and supervisors are jointly and severally liable for damages caused by minors. All walkways and exits must be kept clear and unobstructed. Furniture, chairs, and benches must not be moved from their designated locations or placed in walkways or standing areas.
Ejection from the Premises
Visitors who are intoxicated, under the influence of intoxicating or narcotic substances, or who are otherwise not of sound mind for similar reasons will not be admitted or may be ejected from the premises. Furthermore, willful disregard of (safety) instructions, aggressive behavior, disturbing the peace, violating public decency, and any violation of applicable laws regarding the protection of minors may result in removal from the event.
Prohibited Items
All event attendees are prohibited from carrying the following items:
• Weapons of any kind;
• Items that can be used as weapons or projectiles;
• Aerosol cans, corrosive or staining substances, or pressurized containers for highly flammable or harmful gases, with the exception of standard pocket lighters;
• Glass containers, bottles, cans, plastic canisters, hard packaging, or other items made of glass or any other fragile, shattering, or particularly hard material;
• Pyrotechnic materials such as fireworks, etc.;
The place of jurisdiction is Vienna.