of LightCyde New Media Solutions GmbH (via platform www.cultour.digital) for consumers
As of 03/23/2020
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between the customer and LightCyde New Media Solutions GmbH. They apply in particular to the purchase of tickets for the use of digital tours on the cultour.digital platform by the customer as well as related services (e.g. audio guides, video guides, insights into digitized books and manuscripts, etc.).
1.2 “Customers” are exclusively consumers in the sense of the Consumer Protection Act (hereinafter “KSchG”). LightCyde New Media Solutions GmbH does not currently enter into contracts with entrepreneurs in connection with the cultour.digital platform and will inform the contractual partner of separate terms and conditions in the event that a contract is concluded with an entrepreneur.
1.3 Offers, deliveries and services of LightCyde New Media Solutions GmbH (via the platform cultour.digital) are exclusively based on these GTC. Conditions of the customer that contradict or deviate from these General Terms and Conditions do not apply unless LightCyde New Media Solutions GmbH agrees to their validity in writing.
1.4 The version applicable at the time the contract is concluded shall be the definitive version. These terms and conditions apply as a framework agreement for all further legal transactions between the customer and LightCyde New Media Solutions GmbH.
1.5 LightCyde New Media Solutions GmbH reserves the right to change the content of the GTC at any time. The changed terms and conditions then apply to all future legal transactions.
2.1. The prices stated by LightCyde New Media Solutions GmbH on the website are in euros and include both the statutory value added tax and all other statutory duties.
The prices are valid according to the respective valid price list. Prices can be changed at any time, with the price applicable at the time of purchase being decisive for the user of the digital tour.
2.3. In the case of discount campaigns, it is not possible to exchange tickets already purchased for tickets from the discount campaign.
3.1. The product descriptions contained on the website do not constitute binding offers on the part of LightCyde New Media Solutions GmbH. Likewise, price and deadline information for services provided by LightCyde New Media Solutions GmbH by telephone or email does not constitute a binding offer.
3.2. Tickets for the digital tours can be purchased on the website www.cultour.digital. The customer can use the integrated online order form. As soon as the customer has placed the selected goods and/or services in the virtual shopping cart and has gone through the electronic ordering process, the customer makes a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping cart by clicking on the button “Buy now with obligation to pay” which concludes the ordering process.
3.4. Before submitting the order, the data can be viewed again and corrected by clicking the “Edit” button.
3.5. LightCyde New Media Solutions GmbH confirms receipt of the contract offer by sending an order confirmation by email to the email address provided by the customer. The contract for the purchase of a ticket for a digital tour is only effective when the order confirmation is sent by email.
3.6. The customer expressly consents to the transmission of the order confirmation as confirmation of the concluded contract in the sense of Section 5 (1) FAGG on another permanent data carrier, specifically by email.
3.7. Offers, discounts and promotions can only be combined with each other if this is expressly stated.
4.1. Payment is made via PayPal. PayPal supports credit card and prepayment as payment methods.
4.2. When paying by PayPal, the customer is forwarded to the PayPal registration page via a direct link. LightCyde New Media Solutions GmbH will initially reserve the payment. After the order confirmation has been sent by LightCyde New Media Solutions GmbH, the customer receives the access data for the digital tour by email. At the same time, LightCyde New Media Solutions GmbH will finally collect the reserved payment.
4.3. The customer is hereby informed that the (general) contractual conditions of PayPal must also be observed for payments via PayPal.
5.1. When purchasing a voucher, the customer must first enter the value of the voucher, the voucher recipient and a dedication. In addition, the provisions mentioned under point 3 and point 4 apply to the conclusion of the contract and payment.
5.2. Vouchers and remaining credit on vouchers can be redeemed by the end of the fifth year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
5.3. Vouchers cannot be used to purchase additional vouchers.
5.4. The credit balance of a voucher is neither paid out in cash nor does it earn interest.
6.1. If you take out a subscription, you have access to all digital tours covered by the subscription for an indefinite period of time until the subscription is effectively canceled.
6.2. The subscription fee will be debited from the customer’s chosen payment method on the specific billing date.
6.3. The access data for subscriptions may not be shared with third parties. If the customer violates this provision, the use of the digital tours can be terminated or restricted.
6.4. The customer can cancel his subscription at any time with a notice period of 2 months. The termination date is the last of the month.
6.5. In order to exercise his right of termination, the customer must inform LightCyde New Media Solutions GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) that the customer wishes to terminate the contract.
6.6. The customer receives a confirmation by email and is informed when the subscription is ended and access to the digital tours and other services of LightCyde New Media Solutions GmbH via the platform www.cultour.digital will be closed.
7.1. The offers of LightCyde New Media Solutions GmbH via the platform www.cultour.digital are available to all customers worldwide.
7.2. The delivery times stated on the website apply.
8.1. The digital tour card entitles the holder – unless a subscription has been booked – to access the individually booked digital tour from the moment of access use. Tickets purchased online are valid for one year from receipt of the access data. As soon as the access is used, the ticket loses its validity after 24 hours.
8.2. Upon conclusion of a subscription, the customer is permanently entitled to access all digital tours covered by the subscription. Access is unlimited for the duration of the subscription.
8.3. The tickets for the digital tour are not transferable. This also applies to subscriptions.
8.4. Although only the most modern 360-degree and 3D technology is used, it cannot be ruled out that the use of the technology (as with other screen applications) may lead to dizziness, cramps, blackouts, nausea, visual disturbances, eye pain, disorientation and impaired consciousness, headaches up to epileptic seizures. If corresponding pre-existing conditions are known, the use of the technology is not recommended. If symptoms arise during use, we strongly advise against continuing to use the technology.
8.5. The digital tours are offered in 4K quality. The display quality of the 360-degree tour can, however, vary depending on the device and depends on various factors, such as the location, the available bandwidth and/or the speed of the customer’s Internet connection. The image quality depends on the customer’s internet service and device. A download speed of at least 30 Mbit/s is recommended for the best image quality. The customer is responsible for all internet access fees. The customer must contact the Internet provider for further information on possible charges for data consumption.
8.6. LightCyde New Media Solutions GmbH is not liable for services outside its own sphere of influence, in particular not for the non-availability of services due to disruptions in the Internet.
9.1. Existence and exercise of the right of withdrawal
9.1.1. As a consumer within the meaning of Directive 2011/83/EU, the customer has the right to withdraw from the contract within fourteen days and without giving reasons for contracts concluded outside of business premises and for distance contracts.
9.1.2. There is no right of revocation in the cases provided for in Section 18 of the Distance and Foreign Business Act, this applies in particular to contracts for
(a) the provision of services related to recreational activities, if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is excluded, for example in the case of contracts that involve the sale of tickets for time-bound digital tours.
(b) the delivery of digital content not stored on a physical data carrier, if the entrepreneur – with the express consent of the consumer, combined with the consumer’s knowledge of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after providing a copy or the confirmation pursuant to § 5 (2) or § 7 (3) – has commenced with the delivery before the expiry of the withdrawal period pursuant to § 11. Accordingly, the right of withdrawal is excluded if the customer begins to use the access to the digital tour before the expiry of the withdrawal period, the customer has agreed to the early fulfillment of the contract and the confirmation of the contract has been sent to the customer by email.
9.1.3. In other cases, the customer has the right to withdraw from the contract within fourteen days without giving reasons. In the case of service contracts, the revocation period starts on the day the contract is concluded; in the case of sales contracts, it starts on the day on which the customer or a third party named by him who is not a carrier has taken possession of the goods. If the customer has ordered different goods within the scope of a uniform order or the delivery of one good in several partial consignments which are delivered separately, the decisive factor is the acquisition of ownership of the last delivered good or the last partial consignment.
6.5. In order to exercise the right of withdrawal, the customer must inform LightCyde New Media Solutions GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) indicating its wish to withdraw from the contract. In order to comply with the withdrawal period, it is sufficient that the customer sends notification of the exercise of the right of withdrawal before the expiry of the withdrawal deadline.
9.2. Obligations of LightCyde New Media Solutions GmbH after exercising the right of withdrawal
9.2.1. If the customer cancels this contract, LightCyde New Media Solutions GmbH has to repay all payments that LightCyde New Media Solutions GmbH has received from the customer immediately and at the latest within fourteen calendar days from the day on which the declaration of cancellation is made to LightCyde New Media Solutions GmbH has entered.
9.2.2. For the repayment, LightCyde New Media Solutions GmbH uses the same means of payment that the customer used in the original transaction. The use of another means of payment is, however, permissible with a corresponding and express agreement if the customer does not incur any additional costs as a result.
9.2.3. LightCyde New Media Solutions GmbH can refuse repayment until LightCyde New Media Solutions GmbH has either received the goods back (i.e. the access data for the digital tours) or the consumer has provided proof that the goods have been returned.
9.2.4. Withdrawal is excluded if access to the digital tour has already been used.
10.1. The customer is only entitled to claims for damages against LightCyde New Media Solutions GmbH in connection with the use of the digital tours and in connection with legal transactions with LightCyde New Media Solutions GmbH via the platform www.cultour.digital if and to the extent that the damage caused by the offer caused by LightCyde New Media Solutions GmbH or a person for whom LightCyde New Media Solutions GmbH is responsible according to § 1313a or § 1315 ABGB and
(a) it is culpably caused damage to the person of the customer; or
(b) the damage was caused intentionally or through gross negligence.
10.2. In particular, LightCyde New Media Solutions GmbH does not provide any compensation for health impairments or property damage due to uncontrolled body movements and falls during the digital tour.
10.3. LightCyde New Media Solutions GmbH is released from all obligations to provide deliveries and services if the delivery or service is temporarily or permanently, in whole or in part due to force majeure or other unforeseen obstacles beyond the control of LightCyde New Media Solutions GmbH becomes impossible or forbidden.
10.4. In such a case, LightCyde New Media Solutions GmbH will inform the customer accordingly and is entitled to withdraw from the contract in whole or in part, whereby claims for damages are excluded.
11.1. In accordance with the statutory provisions, LightCyde New Media Solutions GmbH guarantees freedom from defects at the time of handover, whereby the statutory deadlines apply for the assertion of warranty claims.
11.2. The risk of accidental loss and accidental deterioration of the goods/services sold is generally only transferred to the customer or a person authorized to receive them when the goods are handed over (i.e. the access data for the digital tours are provided). Tickets and vouchers are not sent physically, but made available by email or as a download.
12.1. If there are references and links to third-party sites on the website, LightCyde New Media Solutions GmbH does not identify with their content. Liability on the part of LightCyde New Media Solutions GmbH for linked pages exists only in accordance with § 17 ECG. Should illegal content be detected on a linked page, LightCyde New Media Solutions GmbH requests notification. After verification, the link will be deleted by LightCyde New Media Solutions GmbH.
12.2. References and links that lead to the www.cultour.digital website are only permitted with the express written consent of LightCyde New Media Solutions GmbH.
13.1. LightCyde New Media Solutions GmbH reserves all rights (in particular trademarks and copyrights) to the entire content of the www.cultour.digital website, in particular to logos, texts, graphics, layouts, brands, photographs, images and music. Any use of the contents of the website of www.cultour.digital (storage, processing, duplication, etc.) requires the express consent of LightCyde New Media Solutions GmbH, unless such use is mandatorily permitted by law.
13.2. All digital tour content, including but not limited to 3D scans, 360-degree videos, audio files, digitized books or manuscripts, audiovisual content, and other content, is for personal and non-commercial use only and may not be shared with anyone not living in the same household. During the digital tour, the customer is granted a non-exclusive right to access and view the content for a period of 24 hours. [For subscription: In the case of a subscription, there is a permanent right of use for the duration of the subscription.] Apart from that, no rights, titles or claims are transferred to the customer. The customer agrees not to use access to the digital tour for public demonstrations.
13.3. The customer agrees not to archive, reproduce, distribute, modify, change, publicly present, publish or license content and information made available to you by or through LightCyde New Media Solutions GmbH, to create derivative works from them or to offer them for sale or rent. The creation of screenshots for private purposes is excluded.
14.1. The customer consents to the processing of the personal data given in the course of an order process by LightCyde New Media Solutions GmbH. This data may be used by LightCyde New Media Solutions GmbH to process contracts with the customer (processing of customer orders, processing of the payment process and clarification of any queries) and may also be stored permanently beyond the individual order with regard to future contract processing.
14.2. The customer is entitled to request information from LightCyde New Media Solutions GmbH about the data stored about the customer and to request its deletion.
14.3. When paying with PayPal, the customer’s data is automatically transmitted to PayPal. The customer consents to the transfer of personal data required for payment processing.
PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order. The customer has the option to revoke the consent to the handling of personal data at any time to PayPal. Revoking does not affect personal data whose processing, use or transfer is required for (contractual) payment processing.
The applicable data protection provisions of PayPal can be found at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Austrian law applies with the exception of the reference standards of private international law. The applicability of the UN Sales Convention, as well as all provisions relating to the UN Sales Convention, are expressly excluded.
15.2. The contract and business language is German.
15.3. The place of performance is the headquarters of LightCyde New Media Solutions GmbH.
The ineffectiveness of individual provisions of these terms and conditions or their components does not affect the effectiveness of the remaining provisions.