GENERAL TERMS AND CONDITIONS (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 the General Terms and Conditions
The following general terms and conditions (GTC) apply to all relationships between the customer on the one hand and Hunter meets Hunter GmbH (“provider”) on the other hand, from the creation, brokering, sale and purchase as well as the exchange of “tickets” for hunting events via the mobile and online marketplace “Hunter meets Hunter” (“Marketplace”), even if no express reference is made to it in individual cases. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless the provider has expressly consented to their validity in writing. The provider hereby expressly contradicts the customer’s terms and conditions. Changes to the terms and conditions will be announced to the customer and shall be deemed to have been agreed if the customer does not object to the changed terms and conditions in writing within 14 days; The customer is expressly informed of the importance of silence in the notification.
2. About Hunter meets Hunter
With “Hunter meets Hunter”, the provider provides the customer with a direct channel for purchasing “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. With the purchase of the ticket, a “hunting event contract” is created between the customer and the organizer, for which the organizer alone is responsible for the fulfillment and processing. The tickets issued and procured by the provider entitle the customer to participate in the hunting event arranged by the organiser.
The customer acknowledges that the provider’s service is completed with the placement of the electronic ticket. For any concerns and reclamations in connection with the hunting event the customer has to address the organiser directly.
The provider assumes the role of a purely technical distributor / host in the distribution of content from the organizers and customers (eg texts, graphics, photos, videos; “content”), who does not have any influence on the disseminated content and does not supervise it. The respective organizer / customer is responsible for the content. A responsibility according to § 16 ABS 1 ECG occurs only if the provider has knowledge of illegal content and does not block it immediately after gaining knowledge. If, in the opinion of the organizer / customer, content violates rights, this can be reported to: email@example.com
The provider can also offer customers apps to download onto their end device. When downloading, the general terms and conditions of the online shop (e.g. iTunes, Google play) apply, over which the provider has no influence. The conditions for downloading the apps are shown on the device screen. The apps may be required in order to be able to use the provider’s services. The customer acquires the non-exclusive right, however unlimited in time and place, to save a copy of the app on his end device for his own purposes. The customer has to expressly consent to updates of the apps; this approval can also be given in advance. The apps are owned in their entirety by the provider and are protected by copyright.
4. Information requirements
In accordance with Section 5a (1) of the Consumer Protection Act (KSchG) and Section 4 (1) of the Distance and Foreign Business Act (FAGG), the provider provides the customer with the following information, insofar as this is already possible within the framework of the GTC:
1. Essential characteristics of the tickets: A ticket entitles one person to participate in the organizer’s hunting event.
2. Contractual partner from the ticket purchase contract and the hunting event contract: is the respective organizer.
3. Total price / costs: The stated prices include all taxes and duties.
4. Cost of distance communication: customer’s normal tariff (no value-added tariffs).
5. Terms of payment: directly to the organizer
6. Terms of delivery for tickets: as an electronic copy
7. Right of withdrawal tickets: no statutory right of withdrawal
8. Warranty right: according to § 922 ff ABGB.
1. By registering, the user declares his binding contract offer for basically free use of the mediation platform, which can be accepted by the provider by activation.
2. When registering, the user must provide the requested data, in particular his first and last name, his date of birth and his e-mail address, and accept the current version of the GTU.
3. The provider is entitled to reject the user’s offer for activation without giving reasons.
4. The user is responsible for securing and secrecy of the access data to his personalized online area.
6. Conclusion of a contract
1. By providing the marketplace, the provider invites the customer to make an offer (= customer order) to purchase tickets via hunting opportunities; this invitation is subject to change and is non-binding.
2. The order is open to natural persons who must be at least 18 years old at the time the contract is concluded. Minors have to be represented by their legal guardians.
3. With the order, the customer declares his binding contract offer to the organizer. If an order is placed electronically, the provider can confirm access immediately. The confirmation of receipt does not yet constitute a binding acceptance of the order.
4. The organizer is entitled to expressly accept the contract offer (= customer’s order) by submitting the electronic ticket, for which he uses the provider’s services.
5. The contract for the ticket between the organizer and the customer is concluded when the electronic ticket is sent, in the case of an exchange with the reciprocal transfer.
6. The organizer is entitled to refuse to accept the order or to limit the order to a customary amount.
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 reserves the right to discontinue free services or to only provide them for a fee in the future.
9. Admission to the “Members Area” may depend on recommendation. The provider is solely responsible for inclusion in this area. There is no legal entitlement to admission or maintenance of this status.
7. Right of withdrawal or withdrawal
When purchasing tickets for a specific date, there is no statutory right of withdrawal or revocation (Section 18 Paragraph 1 Z 10 FAGG).
8. Ticket conditions
1. The general terms and conditions and event conditions of the organizer apply. In addition, the following regulations apply:
2. The tickets are generally not transferable. Commercial trading in tickets is not permitted.
3. It is not possible to take back or exchange tickets that have already been paid for. The provider does not provide a replacement for tickets that have not been used or are only partially used (e.g. by those arriving late) or for tickets that have been lost in any way.
4. The ticket entitles the holder to one participation in the hunting event.
5. Every customer has to behave at the events in such a way that no one else is endangered, damaged, hindered or annoyed. The organizer can refuse to participate due to alcohol or drugs impaired customers.
6. The customer is responsible for fulfilling his hunting law obligations.
7. The customer has to obey the instructions of the organizer at the event location. If the customer contradicts the instructions, he can be excluded from the event – without the right to a replacement of the ticket.
8. If the organizer is responsible for the complete cancellation of an event, he will either offer the customer an alternative date or refund the ticket price.
9. In the case of barter contracts, the barter partner has the right to hold the contract, compensation or reimbursement of the costs of the bartered hunting object in the customary value and in the customary currency.
10. The organizer reserves the right to make minor or objectively justified changes to the program and dates.
11. By participating in the event, the customer consents to the publication of photos of the event showing him as a participant.
12. The provider is available to the customer as a clearing house in the event of complaints against the organizer.
9. Payment terms
1. Unless otherwise agreed, the customer is obliged to pay the agreed ticket price to the organizer immediately, but no later than within 14 days.
2. Unless otherwise agreed, the purchase price is to be paid in EURO. 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 organizer reserves the right of ownership to the tickets delivered until payment has been made in full.
4. As soon as and as long as the customer is in qualified default (§ 13 KSchG) with one or more payments, the provider is entitled to suspend further deliveries until payment has been made; the customer’s obligation to pay remains in this case.
5. Blocking / cancellation in the event of non-payment: The provider and the organizer reserve the right to block the customer’s access to the marketplace or to cancel the tickets in the event that payment is not made on time or in full.
6. The statutory default interest applies. In the event of default in payment, the provider is entitled to charge a maximum of € 15.00 for each own reminder and / or to hand the matter over to a debt collection agency / a lawyer for further pursuit. The relevant costs of this external operation are also to be reimbursed by the customer.
7. If the provider / organizer has granted installment or partial payment options, a loss of deadline is deemed to have been agreed and, in the event of default in payment, after a written reminder with a grace period, he is entitled to make all outstanding amounts due to the customer.
10. Warranty / liability
1. The provider provides a guarantee for its brokerage service, but not for the ticket purchase contract and the hunting event contract with the organizer, in accordance with the provisions of §§ 922 ff ABGB.
2. There is no warranty obligation for services provided by the provider free of charge.
3. The liability of the provider / organizer and that of their organs, employees, contractors or other vicarious agents (“people”) is basically limited to intent or gross negligence; Liability for slight negligence is excluded. This disclaimer does not apply to personal injury and damage to property that the provider / organizer has taken over for processing. Insofar as liability is excluded or limited, this also applies to the personal liability of their people.
4. The provider provides all services in accordance with the existing technical, economic, operational and organizational possibilities. The provider therefore does not guarantee any interruptions, disruptions, delays, deletions, incorrect transmissions or a memory failure in connection with the use of services or communication with the customer.
5. The customer acknowledges that the services offered by the provider are also offered with the involvement of third party network operators. The availability of the services therefore depends on the technical availability of external network services. The provider assumes no obligation to keep the services offered uninterrupted and available online at any time.
6. For reasons of force majeure, strikes, lockouts and official orders as well as technical changes to the provider’s systems or maintenance work, the services may be limited at short notice.
7. The customer is entitled to use the services at his own risk and expense and is obliged to use only suitable technical devices. The customer is also obliged to only use the services in compliance with the statutory provisions and to refrain from any improper use.
Insofar as the provider enables access to third-party online services through links on its marketplace, it is not responsible for the third-party content contained therein. The provider does not adopt the linked content as its own. If links refer to illegal content, please report this to firstname.lastname@example.org.
1. The provider uses “cookies” on its marketplace, which are text files that are sent during an online visit and saved on the customer’s device. These cookies enable the provider to recognize the customer when they visit the marketplace again. This enables the provider to evaluate usage behavior, recognize the customer as a “returning visitor” (“unique client”) and control advertising.
3. If the customer wants to prevent cookies from being set, he can set this accordingly in his Internet browser.
4. By using the marketplace, the customer expressly declares his consent to the provider setting cookies.
13. Final provisions
1. For all disputes arising in connection with the present contract, including the pre – and post – effects, the exclusive jurisdiction of the competent court for Linz is agreed. The place of performance is Linz.
2. If the customer is a consumer within the meaning of the Consumer Protection Act, the place of jurisdiction for actions brought by the provider against the customer is only agreed if the latter is domiciled or habitually resident in Linz or is employed in Linz at the time the contract is concluded.
3. The contracting parties agree on a place of jurisdiction in Austria.
4. Substantive Austrian law applies to the exclusion of the UN sales law and reference standards.
5. Should individual provisions of this contract be or become ineffective in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.
6. Changes and additions to the contract must be made in writing. This shall also apply to any waiver of the requirement of the written form. Sending by e-mail or fax is in writing, this also applies to clicking on a corresponding button.
7. Insofar as designations relating to natural persons are only given in masculine form in this contract, they refer to women and men in the same way. When referring to individual natural persons, the respective gender form applicable shall be used.
If the provider organizes a competition, this is based, unless otherwise stated, on the following competition terms and conditions:
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 provider, affiliated companies and the companies cooperating in the competition are not eligible to participate.
3. The organizer 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.
7. Hunter meets Hunter GmbH is not liable for the insolvency, closing down, the death of a cooperation partner, as well as the consequences resulting therefrom for the implementation and processing of a profit redemption. In such a case, the prize is forfeited.