Preface

The following general terms and conditions (GTC participants) apply to all business relationships between the User, Participant, courseticket LTD and the Service Provider resulting from the use of the online platform “courseticket” (herein after referred to as “Services”) and the conclusion of service agreements. In each case, the at the time of the contract conclusion valid version is decisive. Divergent, conflicting or supplementary terms and conditions, even if known, are not subject of the agreement unless their validity is expressly approved in writing by courseticket. Terms and conditions of the Participant are expressly rejected by courseticket. Amendments to the terms and conditions will be announced to the Participant and deemed accepted unless the Participant contradicts the amended terms and conditions expressly in writing within 14 days; the Participant is expressly advised of the importance of silence within the communication.

The subject of the contract, all other information, customer service, data information and complaints handling are provided in German & English.

1. Subject Matter of the Contract

a) Courseticket operates a web-based registration platform (“Platform”), currently available at courseticket.com, which provides online services of Service Providers. Courseticket provides service agreements via the Platform. The Platform provides features for simplified registration and deregistration of services. These are considered leisure services under § 5c (4) (2) of the Consumer Protection Act (KSchG). The Service Provider provides the service at a specific time or within a specified period. The placement takes place via the registration of the (potential) Participant in the electronic registration platform “courseticket”.

The provided service agreement is concluded solely between the Service Provider and the Participant. The Service Provider is solely responsible for the implementation, scope and content of the service. Thus, any claims of any kind associated with the service are to be addressed exclusively to the Service Provider.

2. Registration

a) The registration to participate in services takes place via the website www.courseticket.com. There, the Participant is required to complete the online registration form for the respective service. After submitting the registration and payment of the service fee the Participant will receive an electronic confirmation of registration to the valid email address provided by him. This confirmation of registration includes not only an invoice and payment confirmation (PDF) but also the data of the Participant, the service as well as the identification number. Upon receipt of the electronic confirmation of registration by the Participant the contract between courseticket and the respective Service Provider is concluded.

b) Every registration is binding. A cancellation can only occur in accordance with the provisions in point 6 of these general terms and conditions.

c) A successful registration and its proper payment entitles the Participant to visit the respective service. However, point 7 of these general terms and conditions remains unaffected.

3. Service Fee

The service fee is determined by the Service Provider and courseticket has no influence on such. The service fee already includes all applicable duties, taxes, the commission of courseticket as well as transaction fees of the payment transaction. The service fee is shown as the gross amount during the registration process, unless otherwise specified by the Service Provider, and to be paid by the Participant to courseticket, which is charged and entitled to collect the service fee by the respective Service Provider. Payment is made in Euros.

4. Payment

a) During the registration process the Participant must choose the method of payment for the service fee, whereby he can decide between credit card, Klarna (online banking), Paybox (“payment via mobile phone”), PayPal, SEPA and prepayment (invoice). The payment must be made immediately upon registration. A valid registration requires payment by the Participant. Only if the registration is completed and payment by the Participant is made, does the Participant receive the confirmation of registration under Point 2 a).

b) When paying by credit card the charge takes place usually within 7days. When paying by credit card the customer provides the following information: card number, expiry date, CVC/CVV code. The data is transmitted via SSL-encryption with at least 256-bit key and is therefore not visible to unauthorised persons. Processing takes place via our PCI-DSS certified Payment Service Provider, Wirecard Central Eastern Europe LTD:

Reininghausstraße 13a	Tel.: +43 (0)316 / 81 36 81 – 0
8020Graz	Fax: +43 (0)316 / 81 36 81 – 20
Österreich	Email: office@wirecard.at

c) If the name of the Participant and the credit card holder differ from eachother, courseticket reserves the right to reject the contract within 7 days of the registration date (= submission date of registration). In any case the Participant is, without prejudice to additional claims for damages, obliged to pay courseticket the entire service fee if the payment by third parties is made improperly or not by a debtor.

e) The payment of the service fee is made via the payment option specified during the payment process.

f) The statutory default interest rate applies. In case of default of payment the Service Provider is entitled to invoice €15,00 per overdue notice.

g) Courseticket is further entitled to make the further use of courseticket dependant on the payment of the outstanding claim of the Service Provider and to suspend the courseticket account after the first notice with a grace period of 14 days. The obligation of the Participant to pay the service fee remains unaffected by the suspension.

5. Pre-Registration and Waiting List

Should, in the course of the registration, the Participant recognise that the requested service is booked out at the time of registration, the Participant has the option to be put on the waiting list.

The Participant is automatically ranked forward, if relevant changes occur on the waiting list in front of him, and should the service become available for the Participant he will be automatically notified in electronic form. Also in this case the contract is only concluded with the receipt of the electronic notification by the Participant. There are no costs incurred at the time of pre-registration or being added to the waiting list.

6. Cancellation by the Participant

Should the Service Provider allow for an automated cancellation via courseticket then the following provisions apply. If no permission for automated cancellation is given, an agreement is the sole responsibility of the Service Provider and the Participant in accordance with the Service Provider’s general terms and conditions.

a) Cancellation Prior to the Registration Deadline

If no cancellation time is set by the Service Provider then a cancellation of registration is only possible up to 72 hours before the registration deadline of the service (e.g. registration deadline 15/03 5pm and thus cancellation until 12/03 5pm), which is determined by the Service Provider in advance and visible in the online registration portal. The cancellation can be made via the internet portal courseticket by clicking on “cancel” in the electronic registration portal in the booking overview of the Participant. If a cancellation is made by other means then the cancellation must include the identification number listed in the confirmation of registration as well as the bank details (IBAN, BIC) of the person cancelling the registration. Without stating this identification number a cancellation is not possible.

In the case of cancellation of the registration by the Participant up to 72 hours prior to the registration deadline, courseticket is entitled to deduct 5% of the respective service fee as a cancellation fee. The remainder of the service fee is to be returned to the Participant by courseticket to the bank account nominated at the cancellation.

b) Services Without a Specific Registration Deadline

For services which do not have a registration deadline specified by the Service Provider, the Participant does not have the possibility to cancel via the Platform.

c) Cancellation of a Place on the Waiting List

The Participant can, if currently on the waiting list, cancel the pre-registration at any time by clicking on “cancel” in the electronic registration portal, whereby the reservation is cancelled. In this case no costs are incurred.

d) Subsequent Cancellation

For a cancellation after the 72 hour period before the registration deadline according to point 6 a) courseticket does not provide for a technical possibility. If a cancellation is still possible after the 72 hour period is determined by the respective Service Provider individually and as such a cancellation is exclusively to be made via the respective Service Provider.

7. Cancellation of the Service by the Service Provider

a) The Service Provider is responsible for the cancellation of the offered services. In this case all claims by the Participant must be made to the Service Provider.

b) In case of a service cancellation, courseticket is entitled to charge the service provider a commission in relation to the service fee. Whether this commission is on charged by the Service Provider to the Participant or not is up to the Service Provider. In the event of on charging the commission the exact amount of the commission will be advised to the Participant during the registration process and prior to the conclusion of the contract.

8. Resignation from Long-Distance Transactions

a) Services with specific Registration Deadline

Courseticket arranges leisure services within the meaning of § 5c (4) (2) of the Consumer Protection Act (KSchG) as well as § 5f (7) of the Consumer Protection Act (KSchG). The Participant is therefore not entitled to withdraw from the contract according to § 5e of the Consumer Protection Act (KSchG) due to the exception outlined in § 5f (7) of the Consumer Protection Act (KSchG).

b) Services without a specific Registration Deadline or Purchase of Products

The withdrawal period of the consumer according to the Consumer Protection Act (KSchG) from the contract conclusion in long-distance transactions is 2 weeks. For services without a specified registration deadline or purchases of products it commences on the day of the contract conclusion. The day of commencement of the period (contract conclusion or receipt by the customer) does not count. The withdrawal can take place without giving reasons in writing via email, fax or letter to courseticket within the withdrawal period to the address below:

Schulerstraße 1-3/55	Tel.: 0660 778 779 0
1010 Vienna	Email: support@courseticket.com
Austria

Should the consumer withdraw from the contract the Service Provider has to make every effort to reimburse the payments made by the consumer and to reimburse the necessary and needed expenditure made by the consumer on the matter. The consumer must defer the services received and pay the Service Provider an appropriate fee for the use, including compensation for a consequent reduction in the mean value of the service. The assumption of the services by the consumer is not to be regarded as an impairment on its own.

If the customer is a business owner under §1 (2) of the Austrian Commercial Code (UGB) a withdrawal is completely excluded.

9. Warranty/Liability

a) For its own services (however not for the fulfilment of the “Service Agreements”) courseticket provides warranty under the provisions of §§ 922 ff in the Austrian Civil Code (ABGB).

b) courseticket is created for the needs and demands of the general public. Courseticket assumes no liability or warranty for the validity, timeliness, accuracy or completeness of the provided services as well as for a specific use. Courseticket is not liable to the user for any interruption, disruption, delay, deletion, error transmission or memory failure in relation to the use of the services or the communication.

c) The liability of courseticket and that of its executive bodies, employees, contractors or other agents (“people”) is generally limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer of liability is does not apply to injury of persons or damage to property courseticket has accepted for processing. As far as the liability of courseticket is limited or excluded, this also applies to the personal liability of its “people”.

d) courseticket is only liable for its own content. As far as courseticket allows the access to other websites via links, courseticket is not liable for the foreign content contained therein. courseticket does not claim the foreign content for itself. Should the content after review by the user violate its rights please report it to support@courseticket.com.

10. Other

a) Should individual contractual provisions of this contract in its entirety or partially be or become invalid, or a gap found within the contract, the remainder of the contract remains valid.

b) The contract in question regulates the contractual relationship between the contractual parties. Verbal agreements become invalid with the conclusion of this contract.

c) Amendments or additions to the contract must be made in writing. This also applies to the abandonment of the written form requirement. Statements made via email, fax or via the inquiry form meet the requirement.

d) Should references to natural persons in this contract only be given in masculine form, they refer to women and men in the same way. When referring to a certain natural persons, the gender-specific form must be used.

11. Applicable Law/Place of Jurisdiction/Place of Fulfilment

a) Austrian law applies to this contractual agreement.

b) Place of jurisdiction for all disputes arising directly or indirectly from this contract shall be the Austrian court in 1050 Vienna. If the user is a consumer, the place of jurisdiction is deemed to be agreed only if he has his domicile, habitual residence or place of employment in this court district or if he live abroad. In any case, a place of jurisdiction in Austria is agreed upon.

c) The place of fulfilment for the contractual obligations is 1050 Vienna.

d) courseticket recognises the internet ombudsman as out of court arbitration board. In case of any further questions about dispute resolution the user can contact our support: support@courseticket.com or the internet ombudsman: www.ombudsmann.at

 

General Terms and Conditions of the Service Provider of the courseticket Platform “Commercial Agent Contract for Service Providers”

courseticket LTD
Schulerstraße 1-3/55
1010 Vienna
Registration Number: FN 358331 h

(„Agent“) and the „ Service Provider“ offering on the web-based registration platform (“Platform”), currently available at courseticket.com, as follows:

1. Subject Matter of the Contract

The Service Provider herby entrusts the Agent with the brokering and conclusion of bookings between the Service Provider and the Participant. The brokerage and conclusion takes place in the name and for the account of the Service Provider. The Agent carries out its activities based on the existing commercial agent contract.

The Agent is instructed to provide the services via the Platform or as widget in the name and for the account of the Service Provider online and worldwide. The Agent retains the right to work for other Service Providers.

The Agent collects the service fee specified by the Service Provider and forwards this – after deduction of the commission (see point 5) – to the Service Provider within 1 month after the commencement of the service. The Service Provider receives an invoice of the commission.

2. Rights and Obligations of the Agent

In particular, the Service Provider entrusts and authorises the Agent in the name of the Service Provider to a) conclude the service agreement, b) issue an invoice, c) collect the service see and thus d) to act as paying agent and e) in case of cancellation to return the service fee to the Participant.

The Agent is obliged to acknowledge the interests of the Service Provider with the care of a proper trader. The Agent is under its own responsibility obliged to observe and abide by the rules of fair competition.

The Agent is obliged to protect and keep confidential the business and trade secrets of the Service Provider that have become known to him through his activities.

The Agent reserves the right to discontinue the provision of particular services should these violate the law, be immoral or inferior. The Agent will inform the Service Provider of this immediately.

3. Obligations of the Service Provider

The Service Provider provides his services under his own responsibility.

In order for the Agent to perform successfully as a commercial agent, the Service Provider must provide and if needed update comprehensive information (“Content”, such as text, images). The Service Provider guarantees the Agent to not provide any Content whose disclosure and publication violates public law or infringes the right of third parties. It is expressly prohibited to use racist, pornographic, inhumane, sexist, insulting and outrageous information. The Service Provider guarantees that there are no conflicting rights (especially copyrights) of third parties on the Content provided. The Agent is not obliged to keep all Content of the Service Provider available or to check it for infringements.

The Service Provider is solely responsible for the creation of marketing materials, the scope and the content of the service.

The service agreement is concluded solely between the Service Provider and the Participant.

By concluding this commercial agent contract the Service Provider warrants to the Agent to comply with all relevant legal requirements for its services and to be a business owner within the meaning of the Consumer Protection Act (KSchG); he also warrants that his services and place of service correspond to the legal criteria. The Agent cannot and will not check this as a commercial agent.

4. Start and End of the Contractual Relationship

a) The commercial agent relationship is concluded for an indefinite period.

b) The contractual parties can agree on minimum terms. When using billable features (such as “PREMIUM” profile, “UNICORN” profile) the minimum contract period is 1 month. Thereafter the period of use is renewed by extension periods of the same duration. Billable features can be terminated on a monthly basis.

5. Right to Commission

For the conclusion of the service agreement the Agent has the right to a commission. The right to commission arises at the time of payment of the gross service fee by the Participant and is due for payment at this time.

For conclusions via the Platform the Agent is entitled to charge and withhold 15% plus VAT from the respective gross service fee to the Service Provider (“BASIC” profile). No right to commission exists on manual Participant bookings by the Service Provider. For conclusions via the courseticket widget (booking interface) the commission rate is reduced to 6% plus VAT.

Profil	courseticket-Widget	courseticket-Marktplatz
BASIC	6%	15%

Should the Service Provider conclude a billable contractual relationship (“PREMIUM” profile, “UNICORN” profile) then the commission rate is reduced as follows:

Profil	courseticket-Widget	courseticket-Marktplatz
PREMIUM	5%	10%
UNICORN	4%	5%

If a billable contractual relationship is terminated the standard conditions of the “BASIC” profile apply.

The Agent’s right to commission on a transaction will have a net minimum value of one Euro if the commission rate (in absolute terms) of the gross service fee is lower. Exception: No right to commission exists on free transactions if the Service Provider concludes a billable contractual relationship (PREMIUM, UNICORN) at date/time of generating the monthly billing.

The right to commission remains if and to the extent that it is certain that the execution of the contract between the Service Provider and the Participant will be omitted for reasons for which the Agent is not responsible.

The Service Provider has the right to cancel the service until the registration deadline (see point 7). In this case the Agent will refund 100% of the already received service fee to the Participant. Subsequent cancellations, revocations (by the client) or (even consensual) service agreement terminations do not have influence on the right to commission.

6. Mobile Messaging

For usage of Mobile Messaging a transaction-based fee will be charged to the Service Provider. All transactions are summarized in his monthly invoice.

Region	Costs per SMS in EUR
Austria	0,05
Germany	0,07
Switzerland	0,08
International	0,10

7. The Content of the Service Agreement to be Brokered / Concluded

The Service Provider will specify to the Agent per service whether he wants to grant Participants an automated cancellation. Should the Service Provider not give permission for an automated cancellation then an agreement is the sole responsibility of the Service Provider and the Participant in accordance with the Service Provider’s general terms and conditions. These are to be agreed upon with the Agent during his activities.

The registration deadline is determined by the Service Provider for each service. By default the Agent will agree with the Participants to cancel up to 72 hours prior to the registration deadline. This default agreement can be amended, however it must not fall below the 72 hour period.

In case of a cancellation the Agent is entitled to withhold 5% of the gross service fee including 20% VAT per registration as a handling fee in case no commission claim has been made by the Agent at that time. A minimum net value of one Euro applies if the commission rate of the gross service fee is lower. The remaining balance is to be returned by the Agent to the respective Participant.

For services without a registration deadline specified by the Service Provider the Agent will not agree with Participants on any cancellation.

8. Warranty/Liability

The liability of courseticket and that of its executive bodies, employees, contractors or other agents (“people”) is generally limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer of liability is does not apply to injury of persons or damage to property courseticket has accepted for processing. As far as the liability of courseticket is limited or excluded, this also applies to the personal liability of its “people”.

The Agent has created the Platform for the needs and demands of the general public and therefore does not assume any liability or warranty for the validity, timeliness, accuracy or completeness of the provided services as well as for a specific use. The Agent is not liable to the Service Provider for any interruption, disruption, delay, deletion, error transmission or memory failure in relation to the use of the Platform.

9. Other

The Agent recognises the internet ombudsman as out of court arbitration board. In case of any further questions about dispute resolution the Service Provider can contact our support: support@courseticket.com or find more information at www.ombudsmann.at

For all disputes arising in connection with this contract including pre- and post-effects the exclusive place of jurisdiction is agreed as the Austrian court of the 5th district of Vienna. Place of fulfilment is 1050 Vienna.

Austrian law applies to this contractual agreement excluding UN sales law and referral norms.

Should individual contractual provisions of this contract in its entirety or partially be or become invalid, or a gap found within the contract, the remainder of the contract remains valid.

The contract in question regulates the contractual relationship between the contractual parties. Amendments or additions to the contract must be made in writing. This also applies to the abandonment of the written form requirement. Statements made via email or fax meet the requirement this also applies to clicking on a corresponding button.

Insofar as names referring to natural persons in this contract are only given in the masculine form they refer to women and men in the same way. When referring to a certain natural person the gender-specific form must be used.

Version of 31.07.2018