General Terms and Conditions of Business (GTC)

for the marketplace

“Hunter meets Hunter“

by Hunter meets Hunter GmbH

Provincial Court Linz, commercial register number 444237s

Sprinzenstein 4, 4150 Rohrbach-Berg, Austria

 

1. Scope of application of the GTC

The following general terms and conditions of business (GTC) apply to all business relations between the customer on the one hand and Hunter meets Hunter GmbH (“provider“) on the other hand, on the basis of creation, procurement, sale and the purchase as well as the exchange of tickets for hunting events via the mobile and online accessible marketplace “Hunter meets Hunter“ (“marketplace“), even if not referred to explicitly in any particular case. The decisive version shall be the GTC valid at the time of the conclusion of the contract. Any deviating, contrary or supplementing GTC shall not become part of the contract, even if known, unless the provider expressly agrees that they shall apply in writing. The provider hereby expressly objects to any GTC of the customer. Any changes to the GTC shall be made known to the customer and shall be deemed agreed upon unless the customer objects to them in writing within 14 days; the significance of remaining silent will be expressly pointed out to the customer in the notification.

2. About Hunter meets Hunter

“Hunter meets Hunter“ is a direct channel made available by the provider to the customer for the purchase of “tickets“ for hunting events. Any contract of purchase where the platform “hunter meets Hunter“ acts as an agent, is between the customer and the identified organiser, any barter agreement is between the two organisers directly. Furthermore, by purchasing a ticket a hunting event contract materializes between the customer and the organiser, for the fulfilment and execution of which the organiser alone is responsible. The tickets issued and procured by the provider entitle the customer to participate in the hunting event arranged by the organiser.

The customer accepts that the service carried out by the provider ends with the procurement of the electronic tickets. For any concerns and reclamations in connection with the hunting event the customer has to address the organiser directly

The provider acts as a mere technical agent/host with regard to the distribution of the organiser’s and client’s contents (e.g. copy, graphics, photos, videos and general content) and has neither influence over the distributed content nor does he control it. For the content, the respective organiser/customer is solely responsible. A responsibility according to § 16 para. 1 ECG occurs only if the provider has knowledge of illegal content and does not block it immediately after gaining knowledge. Any content that violates rights according to the organiser/customer can be made known to the following e-mail address:

 

3. Apps

The provider can also offer apps for download to the customer’s end device. In case of a download, the GTC of the online shop apply (e.g. iTunes, Google play) of which the provider has no influence. The conditions of the apps’ downloads are pointed out on the end device’s screen. The apps might be necessary in order to be able to use the provider’s services. The customer does not have the exclusive, but the temporally and geographically unlimited right, to save a copy of the app for his own personal use on his end device. The customer has to be in complete agreement with any updates of the apps; this agreement can also be given in advance. The apps are in their entirety the property of the providers and are protected by copyright.

 

4. Information requirements

According to § 5a (1) of the Austrian consumer protection act and § 4 para. 4 of the Austrian Distance and Off-Premises Transactions Act the provider delivers the customer the following information, to the extent this can already be done within the scope of the GTC.

1. Main characteristics of the tickets: a ticket entitles one person to participate in the hunting event of the organiser.

2. Contractual partner to the contract of ticket purchase and hunting event contract is the respective organiser.

3. Total price/total costs: The prices indicated include any and all taxes and duties.

4. Costs of distance communication: customer’s standard rate (no premium rates)

5. Terms of payment: directly to the organiser

6. Terms of delivery of tickets: as an electronic copy

7. Right of ticket cancellation: no legal right for cancellation

8. Statutory right of warranty: according to § 922 et seq. of the Austrian General Civil Code

 

5. Registration

1. Upon registering, the user declares his binding offer of contract to a generally free use of the procurement platform. This offer can be accepted by the provider by giving clearance.

2. Following registration, the user has to make the requested data known, especially the first name and family name, date of birth and e-mail address. Furthermore, the user has to accept the GTC in their valid form.

3. The provider is entitled to decline the user’s offer for clearance without giving any reasons.

4. It is up to the user to ensure security and confidentiality of the access data to his personalised online area.

 

6. Conclusion of contract

1. By supplying a marketplace, the provider invites the customer to put in an offer (i.e. the customer’s order) for purchasing a ticket for hunting facilities; this invitation is subject to change and not binding.

2. The order is made accessible for natural persons who have to be at least 18 years old at the time of conclusion of contract. Minors have to be represented by their legal guardians.

3. By placing an order, the customer declares a binding offer to the organiser for a contractual offer. If an order is placed electronically, the provider can acknowledge receipt without delay. The confirmation of receipt does not constitute binding acceptance of the order.

4. The organiser is entitled to accept the contractual offer (i.e. the order placed by the customer) expressly by sending the customer the tickets. He thereby uses the services of the provider.

5. The ticket contract between the organiser and the customer comes into legal force with the delivery of the tickets; in case of barter with the mutual exchange.

6. The organiser is entitled to decline acceptance of the order or to limit the order to a customary quantity.

7. Translation services can be used on the platform. The translations only serve the convenience of the user. The provider does not take any responsibility for the correctness and accuracy of the translation. The original, untranslated copy is decisive for the content of the commitment made.

8. The provider maintains the right to end services free of charge or to charge for them in the future.

9. Acceptance to the members’ area can be dependent on recommendations. Acceptance into this area is completely up to the provider. There is no legal right to acceptance or maintenance of this status.

 

7. Right of withdrawal and/or termination

There is no legal right for withdrawal and/or termination when purchasing tickets for a specified date (§ 18 para. 1 section 10 FAGG)

 

8. Ticket terms

1. The GTC and event terms of the organiser apply categorically. Additionally, the following terms apply:

2. Tickets are categorically not transferable. Commercial trading of the tickets in not permitted.

3. Paid tickets cannot be taken back or exchanged. No refund or replacement can be given by the provider for tickets that have not been used entirely or in parts only (e.g. by late arrivers) or for tickets that have been lost in whatever way.

4. The ticket entitles to a one-time participation in a hunting event.

5. The customer’s conduct at the events shall be such as not to endanger, cause damage to, hinder or molest others. The organiser may refuse admission to any customers who are severely under the influence of alcohol or narcotic drugs.

6. It is the customer’s responsibility to ensure that he complies with hunting legislation.

7. The customer must obey the instructions given by the organiser at the venue. In case of non-compliance, the customer may be excluded from the event without a right to reimbursement of the ticket.

8. Should the organiser be responsible for the cancellation of the entire event, the organiser at his option will offer the customer a substitute date or refund the ticket price.

9. In the case of barter contracts, the barter party is entitled at his option to adherence to the contract, compensation or compensation for the exchanged hunting product in customary value and currency against the defaulting barter party.

10. The organiser reserves the right to make minor or self-justified changes to the programmes and dates.

11. By attending the event the customer consents to the publication of photographs taken at the performance, showing the customer as a participant.

12. In case of complaints against the organiser, the provider makes himself available as a clearing centre.

 

9. Terms of payment

1. Unless otherwise agreed, the customer is obliged to pay the agreed ticket price promptly, in any case within 14 days, directly to the organiser.

2. Unless otherwise agreed, the purchase price has to be paid in Euros. In case prices are also displayed in other currencies, these conversions are only at the customer’s convenience. The provider does not assume any liability for the correctness and accuracy of the conversion for the purpose of information.

3. The organiser reserves title to the delivered tickets until full payment has been made.

4. As soon and as long as the customer is in qualified default (§ 13 of the Austrian Consumer Protection Act (KSCHG)) with one or more payments, the provider shall have the right to suspend further deliveries until payment has been made; the customer’s obligation to pay continues in such a case.

5. Suspension/withdrawal in case of payment default: Provider and organiser reserve the right to suspend the customer’s access to the marketplace or cancel the tickets in case of late payment or payment default.

6. Statutory default interest shall apply. In case of any payment default the provider is entitled to charge a maximum of € 15,- for each reminder sent by the provider and/or to hand over the matter to a collection agency/an attorney at law to pursue recovery. The appropriate costs of such external recovery shall also be refunded by the customer.

7. If the provider/organiser has granted terms of payment by instalments or for making part payments, acceleration is deemed to have been agreed upon and in case of payment default the provider/organiser, after sending a written reminder setting a grace period, shall have the right to declare all outstanding claims to be due and payable by the customer forthwith.

 

10. Warranty/liability

1. The provider guarantees for his agency services, but not for the ticket’s purchase contract and the hunting event contract with the organiser, according to §§ 922 et seq. of the Austrian General Civil Code (ABGB).

2. There is no guarantee for services delivered by the provider free of charge.

3. The liability of the provider/organiser and their bodies, employees, contractors and other vicarious agents (“people”) shall be limited to intent or gross negligence; liability for slight negligence shall be excluded. Such exclusion of liability shall not apply to personal injury and damage to property that has been taken over for processing by the provider/organiser. Any exclusion or limitation of the provider’s/organiser’s liability shall also apply to the personal liability of their people.

4. The provider makes all services available according to the existing technical, economic, operational and organisational possibilities. The provider therefore does not guarantee for any interruptions, disturbances, delays, deletions, and mis-transfer or memory failure in connection with the use of services or communication with the customer.

5. The customer accepts that the services procured by the provider are also made available by including the services of third party network operators. The availability of these services therefore is dependent on the technical supply of external network services. The provider does not assume any obligation to procure the offered services without interruptions and online available at all times.

6. On grounds of force majeure, in the case of strikes, lock-outs and orders of public authorities as well as technical changes at the provider’s technical facilities, short term restrictions might occur with the services.

7. The customer is entitled to use the services at his own risk and cost and is obliged to only use technically appropriate equipment. Furthermore, the customer is obliged to use the services only in adherence to legal requirements and refrain from any abusive use.

 

11. Links

If the provider procures access to online services of third parties through links on his marketplace, the provider shall not be responsible for the third party contents contained there. The provider does not adopt the linked contents. Should any links refer to illegal contents, please report this to info@huntermeetshunter.com.

 

12. Cookies

The provider uses cookies on his marketplace. “Cookies” are text files which are sent to the customer’s browser and stored on his device. These cookies enable the provider to recognise a customer as a recurring visitor to the marketplace. In this way, the provider can evaluate the user behaviour, recognise the customer as a “recurring user” (“unique client”) and control advertisements.

2. Third party supplier cookies are also in evidence, when the marketplace is visited. The provider thereby sets cookies of the Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) for the purpose of a targeted display of ad content by means of the Adsense-service.

3. If the customer wishes to block the setting of cookies, the customer can make the corresponding adjustments on the internet browser.

4. The customer declares expressly his acceptance of the setting of cookies through the provider by using the marketplace.

 

13. Final provisions

1. It is agreed that any and all disputes arising in connection with this contract, including anticipatory effects and after-effects, shall be settled exclusively by the court having subject-matter jurisdiction over Linz. The place of performance is located in Linz.

2. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), this agreement on the place of jurisdiction shall apply to claims filed by the organiser against the customer only if the customer has his residence or habitual abode in the city of Linz or pursues his work in the city of Linz at the time the contract is concluded.

3. At any rate, the parties shall agree a place of jurisdiction in Austria.

4. The applicable law shall be the substantive law of Austria, to the exclusion of the UN Convention on the International Sale of Goods and the conflict-of-laws rules referring the matter to a different jurisdiction.

5. If individual provisions of this contract are or become ineffective in full or in part, or if there is a gap in this contract, the validity of the remaining provisions shall not be affected thereby.

6. Modifications of and amendments to this contract shall only be valid if made in written form. This shall also apply to any waiver of the requirement of the written form. The requirement of the written form will be deemed complied with by sending a message by email or telefax, or by clicking a corresponding button.

7. If in this contract any references to natural persons are made only in the male form, these shall be deemed references to men and women alike. When referring to individual natural persons, the respective gender form applicable shall be used.

 

 

14. Prize games

Unless indicated otherwise, any prize games that may be organised by the provider will be based on the following conditions for prize games:

1. Eligible participants are natural persons who are over the age of 18. Minors have to be represented by their legal guardians.

2. Employees of the organiser, of affiliates and of the companies cooperating in the prize game are not eligible to participate.0

3. The organiser reserves the right to exclude from the raffle any participants who influence or attempt to influence the raffle in an unfair manner.

4. The winners will be determined after the prize game has finished and will be informed by email or by post.

5. The conversion of a prize into cash and legal recourse are excluded; any personal taxes, duties, fees and consequential costs incurred by the winner shall be borne by the winner.

6. The participants consent to having their names and, possibly, their photos published in case of winning.