In the following, persons interested in leisure activities are referred to as “Users”. Providers of leisure events are hereinafter referred to as “Partners”. OIDA Freizeit GmbH is hereinafter referred to as “OIDA”.
GTC of OIDA Freizeit GmbH
Version as of 01 July 2021
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded via the OIDA application (hereinafter “OIDA App”), between the operator of the app, OIDA Freizeit GmbH (hereinafter “OIDA”), and the respective user. A user is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity.
1.2 By accessing and using the OIDA App and/or placing an order, the user confirms that they have read and understood the terms and conditions set out below and agrees to them.
1.3 Any business and/or contractual terms of the user shall not apply. By concluding and performing a contract on the basis of these GTC, the application of the user’s own business and/or contractual terms is excluded.
2. Orders in the OIDA App
2.1 OIDA offers products such as tickets, admission passes, gift vouchers or other services in the OIDA App (hereinafter referred to as “Products”). The products offered in the OIDA App originate exclusively from third parties, the providers (“Partners”). The respective providers are responsible for the content. The products listed in the OIDA App are subject to change and non-binding. Any order placed by the user via the OIDA App constitutes a binding offer by the user to conclude a product purchase agreement with the provider selected by the user. This offer requires separate acceptance by the provider or, acting on the provider’s behalf, by OIDA. By placing an order, the user agrees to any terms and conditions of the provider stated in the OIDA App or otherwise brought to their attention.
2.2 Acceptance of the user’s offer is effected by separate confirmation by the provider or, acting on the provider’s behalf, by OIDA via email. The provider or OIDA is not obliged to accept orders.
2.3 OIDA is entitled to collect the purchase price of the products from users in the name and for the account of the provider.
3. Prices
3.1 All prices stated in the OIDA App are gross prices and include the statutory value-added tax (VAT).
3.2 Errors and price mistakes in the OIDA App are reserved. In the event of a pricing error, OIDA reserves the right to subsequently change or correct the price.
4. Right of Withdrawal and Cancellation for Consumers
4.1 Consumers within the meaning of the Austrian Consumer Protection Act (KSchG) have the right, pursuant to Section 11 of the Distance and Off-Premises Contracts Act (FAGG), to withdraw from this contract within fourteen days without stating any reasons. Any withdrawal must be declared to the provider within 14 days from the day on which the user or a third party designated by them, who is not the carrier, has taken possession of the products.
The following withdrawal form may be used for this purpose:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To [Name of the provider]:
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following products:
Ordered on () / received on ()
Name of user(s)
Address of user(s)
Signature of consumer(s) (only if notified on paper)
Date
(*) Delete as applicable.
4.2 Pursuant to Section 18(1)(10) FAGG, a consumer within the meaning of the KSchG has no statutory right of withdrawal in the case of distance or off-premises contracts for services related to leisure activities if the contract provides for a specific date or period of performance by the provider. This means that insofar as products related to leisure activities, in particular admission tickets, are offered in the OIDA App, users have no statutory right of withdrawal. Any order for tickets placed by a user is therefore binding and obliges the user to accept and pay for the ordered tickets.
4.3 In addition, pursuant to Section 18(1)(1) FAGG, a consumer within the meaning of the KSchG has no right of withdrawal in the case of distance or off-premises contracts for services if the entrepreneur—on the basis of an express request by the consumer pursuant to Section 10 FAGG and confirmation by the consumer of their knowledge of the loss of the right of withdrawal upon full performance of the contract—has begun performing the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service has then been fully performed.
5. Payment Methods
5.1 OIDA Freizeit GmbH accepts the following payment methods: Apple Pay, PayPal, Visa, MasterCard, and Sofortüberweisung.
5.2 The payment method selected by the user when placing the order is binding. If payment with the selected method is unsuccessful (e.g. because the payment is declined by a financial institution), the user must immediately provide OIDA with alternative payment details.
5.3 The statutory provisions on default apply. Reminder fees may be charged from the second reminder onwards.
6. Data Processing for Contract Performance
6.1 By concluding this contract, the user acknowledges that OIDA electronically processes the personal data disclosed and received in the course of the order (name, address, email, and optionally telephone number and date of birth) for the purpose of contract performance, and that OIDA may transmit these data—within the scope of the statutory provisions and restrictions of the Data Protection Act as amended and OIDA’s privacy policy—in connection with the performance of this contract to the respective cooperation partners, advertising partners, event organizers, banks, payment providers, accounting, tax advisors, and, if necessary, debt collection agencies and legal representatives. This includes first and last name, address, email contact details, telephone number, date of birth, and bank details.
6.2 For payment by credit card, the user must provide the card number, expiry date and CVC code. The user acknowledges that OIDA is entitled to forward these data to its contractual partner without storing them. The contractual partner verifies the validity of the credit card and the correctness of the provided data and processes the payment.
6.3 By ticking the corresponding checkbox, the user also agrees that their personal data may be used in connection with the use of the OIDA App or in the context of orders to the extent previously disclosed. The user is expressly informed that they may revoke their consent at any time.
Further information regarding data protection rights is provided by OIDA at:
https://www.oida-app.com/de/datenschutz.html
7. Consent to Electronic Communication
7.1 The user agrees to receive notifications / declarations / and invoices from OIDA in electronic form at the email address provided by the user. The user waives delivery in paper form by post or fax.
8. Rights of Use
8.1 The user grants OIDA all simple, transferable rights of use to the uploaded content without limitation in terms of content, time, or territory.
9. Warranty
9.1 OIDA acts exclusively as an intermediary between the provider and the user. OIDA therefore assumes no warranty for the quality or other aspects of the products ordered from the provider. Any complaints must be clarified directly between the user and the provider.
10. Liability and Damages
10.1 If, for technical, organizational or other reasons, it is not possible to procure the products requested and already paid for by the user, OIDA shall refund the purchase price including any fees and charges in full without any deductions. OIDA assumes no liability whatsoever for expenses directly or indirectly related to the (voided) booking (e.g. no reimbursement of travel cancellation costs, etc.).
10.2 Claims for damages by the user against OIDA—except for personal injury—are excluded unless OIDA has acted with intent or gross negligence. Otherwise, the statutory provisions apply. Assignment of the user’s claims is excluded.
10.3 OIDA also assumes no liability for actions, omissions or other conduct of third parties such as cooperation partners, event organizers, other users, advertising partners and/or sponsors in connection with OIDA’s services or the use of the OIDA App.
10.4 The information provided in the OIDA App is carefully checked and regularly updated. OIDA assumes no liability for the completeness, timeliness or accuracy of the content provided in the OIDA App. Changes and errors are reserved. Furthermore, OIDA assumes no liability for external links.
10.5 Access to and use of the OIDA App, as well as any information contained therein or referenced therein, is at the sole responsibility of the user.
10.6 References to other websites are characteristic elements of the World Wide Web. However, content of referenced pages is expressly not part of the OIDA App. Any warranty or liability for content and content changes on referenced pages is expressly excluded.
10.7 OIDA uses only servers that correspond to the current state of the art to secure data. Constant availability of the servers is not the subject of this contract and cannot be demanded by the user. OIDA therefore assumes no liability for continuous availability of the servers. Furthermore, OIDA is not liable for any data loss or downtime in connection with the servers.
11. Final Provisions
11.1 Amendments or supplements to this contract must be made in writing to be valid.
11.2 Should any provision of this contract be or become invalid, the provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed in its place.
11.3 The headings used in this contract are for convenience only and shall not be taken into account in interpretation.
11.4 For actions brought against users who are consumers within the meaning of the KSchG, the place of jurisdiction shall be the consumer’s place of residence, habitual abode or place of employment pursuant to Section 14 KSchG. For entrepreneurs, the exclusive place of jurisdiction for all disputes arising from this contract shall be the court with subject-matter jurisdiction for Vienna Inner City.
11.5 Austrian substantive law shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and non-mandatory conflict-of-law rules of private international law; any onward or renvoi is excluded.