General Terms and Conditions
- If you sign a contract with us, Teilzwei Betriebs GmbH (FN 409628 w), i.e. you create an account with point25, the present GTC will be agreed with us as an express contractual basis. Changes and additions to these GTC by us are possible at any time.
- The terms and conditions in the current version were made available to you before creating your point25 account and can or could be viewed at any time in advance in the point25 app and on www.point25.at.
„point25“ brings you to your event, gives you access to numerous advantages, and accompanies you afterwards.
This includes the following options offered in the point25 app:
- The purchase of tickets
- The purchase of vouchers for goods
- Collecting bonus points to redeem them and thereby benefiting from various perks and benefits.
We, the Teilzwei Betriebs GmbH, are operators of point25 and the point25 bonus system. Bonus points are only posted by us to your point25 account (see point 6 for more information). With regard to the sale of admission tickets and goods vouchers, we carry out an exclusive mediation activity by providing the point25 platform. A direct conclusion of a contract is therefore not concluded with us. point25 locations with which your contracts are concluded have a separate contract with us and can therefore advertise and offer their services on our platform. All service disruptions and other claims must therefore always be clarified directly with the respective point25 location. A complete list of all locations can be found in the point25 app and on www.point25.at. At this point, we would like to reiterate that we are neither the organizer nor your contractual partner with regard to the respective services to be booked.
- Your membership in point25, which is free of charge for you as an end user, is created by creating a point25 account including these General Terms and Conditions. There is no legal entitlement to participate in point25. We reserve the right, in particular in the event of (attempted misuse), to refuse this participation or to terminate your membership with immediate effect.
- After creating your point25 account, you are entitled to purchase products. It is not possible to purchase products before the start of your membership.
- By participating in point25, you expressly confirm that you accept the present terms and conditions, that the data you provide are correct and represent you as a person.
- You can only open a single point25 account. Duplicates or obviously false accounts may be deleted by us without giving reasons and without prior warning. Any bonus points earned will be lost and will not be restored. A liability of Teilzwei Betriebs GmbH for lost bonus points resulting from duplicates is expressly excluded.
4. to the mediated services (points 2. i and ii)
- The events listed in the point25 app are created or managed by the point25 locations themselves. The respective available contingents of tickets and vouchers for goods are determined by point25 locations themselves. From our side, we can therefore assume no liability for a certain contingent. However, it may well be that we provide support in the event of a conflict.
- The requirements for admission on site (e.g. minimum age) are always determined by the respective point25 location. This means that you have to deal with the entry requirements before purchasing a product. In the event that you do not meet the requirements for admission to a point25 location and you have nevertheless purchased a product of this point25 location, there are no claims against us, Teilzwei Betriebs GmbH, as a result of our exclusive mediation. You must therefore contact the point25 location directly.
- The contract between a point25 location and you is concluded when purchasing a product by clicking on "buy now" in the point25 app.
- All prices are inclusive of VAT.
- Unless otherwise stated or no other option has been granted, the price is due for payment immediately after conclusion of the contract in the point25 App.
- Each ticket and each voucher for goods is only valid upon full payment, in addition to the parameters specified by the point25 locations. The duration of the validity of the ticket or the vouchers for goods results from the times specified by the point25 locations themselves.
- The unauthorized execution of deductions from the total price is not permitted and leads to the invalidity of the purchased product.
- We, the Teilzwei Betriebs GmbH, do not accept any direct payment and therefore state at this point that we do not receive any funds that belong to point25 location.
- For the mediation of products, we receive a placement fee from the point25 location.
- Reclaims of payment are to be asserted exclusively against the point25 location.
6. Bonus Points
- By purchasing via our platform, you acquire bonus points. As a result, your collected bonus points can be redeemed when you buy more products and you will receive different discounts. You can only redeem 100% of the equivalent value of a product with bonus points, a pro rata redemption on the equivalent value (e.g. 50%) is therefore not possible.
- Even when using bonus points for the purchase of products via our platform, the contract is concluded exclusively with the point25 location.
- The granting of bonus points, in particular the number and for what they are awarded, is exclusively at our discretion. There is no entitlement to the granting of bonus points unless this has been expressly promised. It is at the discretion of point25 locations to award additional bonus points for the purchase of their products or services.
- Bonus points granted by us will be credited to your member account after the validity of all items purchased with one purchase has been expired.
- Bonus points redeemed by you will be taken into account immediately at the time of purchase, further action on your part is not necessary.
- Bonus points are non-transferable and cannot be redeemed in cash.
- Bonus points that are not redeemed within three years of their receipt will expire on the last day of the month in which the day of the three-year period lies. If the purchased ticket or the purchased voucher for goods is not redeemed within three years at the latest - depending on the respective requirements of the point25 location - no bonus points will be credited.
- In the case of the reversal of the legal transaction with the point25 location on which the bonus points are based, there will also be an adjustment (reduction) of the bonus points credited to your point25 account. If you do not have sufficient bonus points, a possible value adjustment must be made.
7. Cancellation of the event
Due to our pure mediation activity, we, the Teilzwei Betriebs GmbH, are not liable for refunds in the event of cancellation or cancellation of events. Claims in this regard are to be clarified exclusively with the respective point25 location (see point 5), whereby we can provide support.
- The point25 location is entitled to cancel your purchase of one of its products if you violate its or our specific conditions that were referred to during the purchase. The same applies if you attempt to circumvent these terms.
- Any claims resulting from this must be clarified exclusively between you and the respective point25 location.
According to § 18 paragraph 1 no. 10 FAGG, you have no right of withdrawal from the purchase of tickets or vouchers for goods, as these are provided in connection with leisure activities and a certain time or period for fulfillment is provided for by the point25 location. A goodwill solution in individual cases must be clarified directly with the respective point25 location.
10. Time and place of supplied service
Events and event times, located on our platform, are determined by the respective point25 location itself.
11. Liability and warranty
- All service disruptions that have been mediated in connection with the purchase of products via our platform must be clarified exclusively with the respective point25 location.
- We are not directly related to the respective point25 locations, so that any other claims (such as damages) must also be clarified directly with the point25 location.
- Should we be liable to you for any reason, the liability for damages is limited to intent or gross negligence (except personal injury). Liability for slight negligence (with the exception of personal injury) is expressly excluded.
- We are not liable for consequential damages and financial losses caused by direct personal injury and/or property damage.
- If our company is liable, this is limited to foreseeable damages within the meaning of the aforementioned provisions.
12. Applicable law
Austrian law shall apply exclusively to the contractual relationship in question. National and international reference standards that lead or could lead to the application of non-Austrian law are expressly excluded.
13. Severability clause
The possible invalidity of individual clauses shall in no case affect the validity of the remaining clauses of these GTC. In this case, the contracting parties already agree to make a substitute provision that comes closest to the economic result of the ineffective condition.