The following General Terms and Conditions of
KUPF Services GmbH
Untere Donaulände 10/1
4020 Linz
FN 540271t
hereinafter referred to as KUPF Services GmbH, apply to all operators of stores on the platforms kupfticket.com, kulturspenden.at and kupfservices.com, hereinafter referred to as users.
Date of the version: 28.12.2023
They include the following points:
- KUPF Services GmbH makes its platform kupfticket.com available to the user for the promotion of cultural events and the sale of tickets for these events. In addition, KUPF Services GmbH makes its platform kulturspenden.at available to the user for the purpose of raising donations. KUPF Services GmbH endeavors to ensure the smooth operation of the platform, but cannot assume any guarantee or liability in the event of any failures due to hardware damage or software problems within its own sphere of influence or with third parties such as the Internet provider or the hoster.
- The user himself acts as the seller of the tickets to the end customers, KUPF Services GmbH therefore does not enter into any direct business relationship with the customers and does not provide any warranty or support to them. Also when soliciting donations, the user acts as the recipient of the donations vis-à-vis the donors; KUPF Services GmbH assumes no liability towards end customers.The user indemnifies KUPF Services GmbH from claims for damages by the end customers. In particular, the user is also responsible for correct information (especially imprint, privacy policy, general terms and conditions …) in his ticket store.
- The company Stripe, based in the USA, is responsible as the payment service provider for the kupfticket.com platform. The registration with Stripe runs via the platform, for which the registration information must be passed on to the payment service provider.
- KUPF Services GmbH receives a service fee from the user for its expenses for the development, maintenance, technical operation, advertising of the platform and the payment costs via the payment service provider. This fee is automatically transferred to the account of KUPF Services GmbH upon payment, the remaining amount is transferred to the account of the user. The current price conditions apply, which can be viewed under https://kupfservices.com/pricing/. Changes to the prices will be announced one week in advance by e-mail to the registered e-mail address.
- If tickets or donations are refunded to the purchaser, whether via the payment service provider or in cash, the user is not entitled to a refund of the service fee already paid.
- If the user is listed as a charitable organisation and uses the option to state, when soliciting donations via the platforms of KUPF Services GmbH, that these donations are tax-deductible, the user alone is responsible for ensuring that the donations are reported to the Austrian tax authorities in full and on time in accordance with legal requirements, and that the associated documentation obligations are met. KUPF Services GmbH shall assist the user in implementing this reporting in accordance with technical capabilities. Should the charitable status be revoked, this option must be deactivated immediately and KUPF Services GmbH must be notified without delay.
KUPF Services GmbH is not itself a recipient of donations and accepts no liability towards users and/or donors in relation to the reporting of donations to the Austrian tax authorities, nor in relation to the statutory reporting and documentation obligations incumbent upon the user in this context. Furthermore, KUPF Services GmbH accepts no liability for the accuracy of the information provided by users or recipients of donations, or for ensuring that all legal requirements for the tax deductibility of donations are actually met.
The user shall fully indemnify and hold harmless KUPF Services GmbH in respect of the provisions set out in this Section 6. - Both contracting parties shall endeavor to resolve any potential problems amicably and in the interest of both parties. Before a judicial solution is sought, the contracting parties undertake to find a solution within the framework of mediation.
- KUPF Services GmbH reserves the right to unilaterally remove events and shops from the platform that grossly violate the socio-political principles of KUPF Services GmbH, should damage to the public reputation of KUPF Services GmbH or its shareholders be feared. This applies, for example, to events with xenophobic content.
- The user can stop using the platform at any time. KUPF Services GmbH may give the user notice of termination with a 3-month lead time; in the event of gross violations of the GTCs, notice of termination may also be given immediately. Payment obligations already entered into are not affected by this.
