General Terms and Conditions (GTC) for the acquisition of tickets from the Airport Casino Basel AG

Transcription

1 GTC General Terms and Conditions (GTC) for the acquisition of tickets from the Airport Casino Basel AG 1. General Provisions 2. Area of application Tickets for the Airport Casino Basel AG s own events as well as tickets for events which are organized by third parties at the Airport Casino Basel AG can be purchased online using the Airport Casino Basel AG s online platform (website For the usage of the ticket purchase, the use of the website in order to acquire tickets and the actual acquisition of tickets by persons domiciled or residing in Switzerland or abroad, these GTC are exclusively applicable in the version which is valid at the time of the ticket acquisition. 3. Conclusion of the contract and Delivery for Online Orders 3.1 General Provisions The information on the website does not constitute an offer in the sense of the Swiss Law of Obligations, but merely an invitation for the ticket buyer to submit an offer. The ticket buyer sends his complete offer to the Airport Casino Basel AG through the website For each order, depending on availability and per event, an offer to acquire a maximum of 6 tickets for the ticket buyer and friends and/or acquaintances can be submitted. Further trade with acquired tickets and/or their resale to persons outside of the ticket buyer's circle of friends and acquaintances is prohibited. Without the explicit prior consent of the organizer, the ticket buyer is not permitted to use tickets / VIP packages / VIP tickets in his advertising for the general public and/or for raffles. Online orders against payment by means of a credit card are mailed in the form of a voucher directly to the address provided by the purchaser. Vouchers are to be printed out and presented on the evening of the event. 3.2 Acceptance of Online Delivery; Printing of Vouchers The offer of the ticket buyer is accepted when, after completion of the online ordering procedure, the Airport Casino Basel AG sends the voucher in PDF format to the mail address of the ticket buyer provided during the ordering procedure. After receiving the electronic version of 1

2 the voucher, the ticket buyer prints the voucher out on a DIN A4 white paper, without changing its size, using an ink-jet or a laser printer. The ticket buyer acknowledges that the conformance of his facilities to the technical requirements for receiving and printing the voucher are his own responsibility and risk. The printed voucher is to be carefully kept until the event and must be well readable when presented on the day of the event. If the voucher cannot be presented on the day of the event, or if it is damaged, dirty, or otherwise impaired so that it is no longer readable, there is no claim to admission to the event and/or to reimbursement of the fee paid by the ticket buyer. The ticket buyer is only allowed to make one printout. Any duplication, copy, modification, or imitation of the voucher and any electronic propagation of the PDF file is expressly prohibited. Paragraph 7.2 remains reserved. 3.3 Incorrect Deliveries of Online Orders In case of a discrepancy between the tickets ordered by the ticket buyer and the tickets sent to him electronically, the ticket buyer is obligated to contact the Airport Casino Basel AG within three working days. Otherwise, the tickets sent are considered as approved by the ticket buyer. 4. Prices The prices stated for tickets on the website are in Swiss francs (CHF) and include the value added tax. 5. Payment 5.1 For Acquisition through the Website Payment is effected by charging the credit card (Eurocard/MasterCard) Visa provided during the ordering procedure. Payment by invoice is excluded. 5.2 For Telephone Orders Payment is effected on the day of the event. There the ticket for the respective event will be submitted to the guest. 6. Exchange or Return 6.1 General Provisions The exchange or return of the ticket (voucher) is excluded. Reserved remains the return upon cancellation of an event, according to paragraph Postponement of the Airport Casino Basel AG s own Events If an event or the location of an event is changed, the ticket is valid for 2

3 the postponement date or for the new location of the event, regardless of the reasons for the change. A return or exchange of the ticket is excluded. 6.3 Cancellation of the Airport Casino Basel AG s own Events The Airport Casino Basel AG refunds the price of a ticket, which has been paid according to paragraph 4. The Airport Casino Basel AG transfers the respective amount within four weeks to the credit card that was used to place the order. 6.4 Cancellation or Change of an Event that is organized by a Third Party The Airport Casino Basel AG declines all liability for events which are organized by third parties. The company organizing the event is solely liable therefor. In such cases, the Airport Casino Basel AG is only renting out the location and cannot be held liable. 7. Loss or Damage of the Voucher Upon loss or damage of the voucher, the ticket buyer may reprint it, in full acknowledgement of the regulation in paragraph 3.2. The damaged voucher must promptly be destroyed. If, at the time of the loss or damage, the ticket buyer has deleted the PDF file, the loss or damage must be immediately reported to the Airport Casino Basel AG. The Airport Casino Basel AG then sends the ticket buyer a new PDF file. 8. Disclaimer of Liability Airport Casino Basel AG 8.1 Disclaimer of Liability related to Event Services The Airport Casino Basel AG assumes no liability whatsoever for damage to property, personal injury, and other financial loss related to the organization and execution or cancellation of events. Liability is excluded to the extent permitted by law. 8.2 Disclaimer of Liability regarding the Use of the Internet The Airport Casino Basel AG endeavors to keep the information provided on the website complete, updated, and correct. The Airport Casino Basel AG does not take any responsibility for the correctness, completeness or up-to-dateness of the information provided on the website or for errors in transmission and disclaims any liability for damages or inconvenience resulting therefrom, unless these are due to intentional acts or gross negligence of the Airport Casino Basel AG. The ticket buyer acknowledges that the Airport Casino Basel AG does not guarantee the content of and disclaims all liability for links to third party websites. Due to the technical particularities of the Internet, the Airport Casino Basel AG assumes no guarantee or liability for an error-free or uninterrupted rendering of services over the Internet. The Airport 3

4 Casino Basel AG cannot exclude the possibility of illegal intrusion into the computer system or misuse of the information provided by the ticket buyer by unauthorized parties and assumes no liability for possible damages resulting therefrom. Furthermore, the Airport Casino Basel AG disclaims any liability for damages to the ticket buyer's computer system due to using the website and is in particular not liable for damages that may be suffered by the ticket buyer's computer system through disruptive programs such as viruses, worms, and Trojan horses. The ticket buyer uses his hardware (including printer), operating system software, and telecommunication facilities for the usage of the services at his own cost and risk. The ticket buyer acknowledges that the Airport Casino Basel AG is not obligated to support any particular software or operating platforms or systems or to maintain the support thereof in the future. 9. Liability of the Ticket Buyer 10. Data Protection The ticket buyer of a voucher undertakes to compensate the Airport Casino Basel AG for all possible damages caused by the unauthorized use of additional or modified printouts, duplications, copies, or imitations of the voucher. Moreover, the applicable legal liability provisions apply. In order to efficiently execute the ticket sales, the Airport Casino Basel AG requires basic information such as name, address, telephone number and address of the ticket buyer. In addition, if payment is effected by credit card, the credit card information of the ticket buyer (the "customer data") must also be provided. When processing customer data, the Airport Casino Basel AG adheres to Swiss data protection law. The Airport Casino Basel AG processes, uses and saves customer data if and insofar it is necessary or useful for rendering its services, especially for executing ticket sales, ensuring the technical operational safety, for the provision and maintenance of the website, as well as for invoicing and collections. In addition to customer data, the Airport Casino Basel AG also saves the order date and the outgoing of the delivery for purposes of internal order control. 11. Modification of the GTC The Airport Casino Basel AG reserves the right to adapt or change the GTC at any time. 12. Use of the website 4

5 The entire content of the Airport Casino Basel AG s website is protected by copyright and belongs, if not stated otherwise, exclusively and completely to the Airport Casino Basel AG. The website may contain references to third party proprietary and utilization rights, which must be respected. The (complete or partial) reproduction, distribution, transmission (by electronic or other means), modification, linking, or use of the website for public or commercial purposes is not permitted without the prior written consent of the Airport Casino Basel AG. 13. Severability Clause If one or more provisions of these General Terms and Conditions (GTC) is held invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these GTC or of the acquisition of tickets in any way. In this case, the parties shall replace the invalid or unenforceable provision with an effective one that comes the closest to attaining the economic purpose of the provision being replaced. The same applies correspondingly should these GTC contain a regulatory gap. Basel, August 2011 Legal Notice Airport Casino Basel AG Flughafenstrasse Basel Management: Michael Favrod Texts and images are protected by copyright. Use without written authorization is not permitted. 5