Terms and conditions (GTC)
These General Terms and Conditions (GTC) apply to all deliveries and services of DA/S Digital Art And Science Switzerland (hereinafter referred to as "the Provider") and its suppliers and to the associated legal relationship with the customers ("Customer"). By clicking on the corresponding checkbox, the Customer declares to acknowledge and comply with the GTC.
2. Ticketing system
The Provider strives to provide the Customer with a smooth and professional service according to the state of the art. Nevertheless, the Provider cannot guarantee the faultless and uninterrupted provision of services. He cannot exclude misuse. Liability for damages in connection with the ticketing system is excluded to the extent permitted by law; in particular, liability for slight negligence and for any consequential damages is excluded.
The customer shall indemnify the provider and its contractual partners against any damage caused by unauthorized or improper use of the website or services within the customer's area of responsibility. In case of suspicion of unauthorized or improper use, the provider is in any case entitled to suspend or discontinue the provision of services.
Tickets are checked electronically at the entrance to the event. There is no claim for performance and/or damages against the provider, even if the redeemer was not the rightful owner of the ticket.
Additional conditions and contractual terms may apply at the event (e.g. house rules of the venue, ID check, age restrictions and other conditions of the organizer).
Any misuse is prohibited, especially copying, altering or imitating tickets. The instructions of the event staff must be followed. In the event of violation, the right to participate shall be forfeited; the organizer reserves the right to claim damages.
The customer has no right of revocation with regard to the completed purchase of the tickets. The tickets can neither be exchanged nor returned. The same applies if the date of the event and/or the venue has to be changed for any reason or in case of delays and program changes. In these cases, the ticket entitles the event visitor to attend the event on the replacement date and, if applicable, replacement venue. If an event is cancelled for any reason, the ticket in question must be returned within 30 days of cancellation to the source from which it was purchased.
If the event is not held or not held in full due to force majeure, there is no right to a refund of the fee paid or compensation for expenses or damages incurred as a result.
Tickets are usually valid for the corresponding event (see date and validity period on ticket). After the expiry of this period, the provider is no longer obliged to accept them. Lost tickets will not be replaced. If the provider has to close or give up for any reason, the tickets will expire without compensation.
Tickets will be shipped by e-mail after the contract has been concluded and fulfilled by the customer (i.e. receipt of payment or debit via the electronic means of payment such as credit card, PayPal, Postfinance, etc.) to the e-mail address provided by the customer. The provider cannot be held responsible for incorrect or late delivery of the tickets. Benefit and risk are transferred to the customer at the time of shipment at the provider's headquarters. The customer is obliged to check the tickets immediately after receipt. Deviations of the delivered tickets from the ordered tickets and any other complaints must be reported by the customer in writing within three working days. If the customer fails to do so, the tickets delivered and all services associated with them shall be deemed to have been approved and any rights to claim for defects shall be deemed to have been forfeited.
The means of payment can be chosen according to the offer. The contract for the purchase of tickets shall only be concluded upon receipt of the full invoice amount (advance payment) or debit via the electronic means of payment (credit card, PayPal, Postfinance, etc.). When paying with an electronic means of payment, the amount will be charged to the customer immediately. Invoices of the provider are due immediately and payable without any deduction. In the case of electronic means of payment, the customer accepts the terms and conditions of the payment service provider by means of payment. It is at the sole discretion of the provider to allow the means of payment and payment methods and to determine the amount of any fees.
6. Customer data
The Customer agrees that the Provider and its suppliers may obtain knowledge of personal data in connection with the provision and maintenance of the Website and the provision of the Services and may carry out data processing for these purposes. Further data protection conditions may apply.
The provider makes every effort to ensure that the information provided on the website is complete, up-to-date and correct. However, the provider cannot guarantee the accuracy, completeness and timeliness of the information on the website and for transmission errors and disclaims any liability for damages or inconvenience. The Customer acknowledges that the Provider can in particular also not assume any warranty for the content of linked third-party websites and rejects any liability for this.
8. Final provisions
The provider is only liable for direct damages caused intentionally or by gross negligence. Liability for slight negligence, indirect damage and consequential damage is fully excluded.
The customer waives the right to offset claims against the provider.
The provider reserves the right to change these GTC at any time. Changes will be made available on the website and come into force with their publication. Contracts are governed by the current GTC, which are applied by the provider.
Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC shall not be affected thereby. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC should contain a regulatory gap.
Swiss law shall apply exclusively, to the exclusion of the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is Zurich, Switzerland.
Zurich, Januray 1 2020