I. Riding Dinner Website / Scope of Application of the General Standard Terms and Conditions of Business
I.1. The websites www.ridingdinner.com, www.ridingdinner.at and www.365days.at are operated by Riding Dinner OG (hereinafter called Riding Dinner), Spiegelgasse 23/6a, 1010 Vienna, FN 457078 z of the Commercial Court of Vienna.
I.2. Riding Dinner sells all-inclusive packages (for the description of service see Point II.1.; hereinafter called packages) in its own name and on its own accounts. The General Standards Terms and Conditions of Business (hereinafter called GTC) apply to all contracts, which are concluded between the buyer of these packages (bookings of packages and services offered by Riding Dinner) and Riding Dinner.
I.3. The operation of the horse-carriage ride, the tours or events as well as the dishes and beverages offered in the packages are offered by separate cooperating partners (coachman, caterer, tour guide). Therefore we refer to their terms and conditions of business and hygiene standards, which apply as well.
I.4. Users of the Riding Dinner on-line portals (hereinafter called customers) agree to the General Terms and Conditions of Business. Therefore we ask every customer to read our GTC conscientiously. In case of any questions concerning our GTC, please do not hesitate to contact us via the following ways of communication: firstname.lastname@example.org or email@example.com (e-mail) / +43 660 70 60 502 or +43 660 1 365 365 (telephone)
II. Business Contents /Description of Service
II.1. Riding Dinner offers all-inclusive packages via its websites and other distribution channels which comprise a horse-carriage ride in Austria including culinary delights (food and drinks) and sight-seeing as well as special tours and events for sightseeing and entertainment. There are several of these all-inclusive packages with different scopes of services and prices free of choice for the customer. The difference in service and in prices is caused by the duration/route of the horse-carriage ride/tour guide and/or the extent of the offered culinary delights or tours/events. II.2. The service of Riding Dinner is limited to the selection of the cooperating partners (coachman, caterer, tour guide) as well as the compilation and the procurement of the packages.
II.3. Riding Dinner chooses its partners with the utmost care. Changes in the person of the partners are possible. Changes of the scope of services, the locations of the departure and the final destination, and the times of departure are subject to change without notice as long as they are reasonable. However, if the occasion arises, such changes will be announced to the customer at least 24 hours before the horse-carriage ride starts. Riding Dinner will not compensate the customer for these reasonable changes.
III. Booking/ Payment
III.1. The packages can be booked via the internet at www.ridingdinner.com or www.365days.at, as well as via e-mail at firstname.lastname@example.org or email@example.com or alternatively by phone at +43 660 70 60 502 or +43 660 1 365 365 (Austrian mobile phone number, charges according to your rate).
III.2. The package can be paid preferably via SEPA (bank transfer). In case of payment via credit card, please notice that we have to charge an additional fee of 3,5 %.
III.3. Invoices are due 8 days after receiving the bill. In case of payment by invoice, the package tickets will be delivered to the customer only after Riding Dinner has received the full payment. In case of payment by credit card, the credit-card institute will be charged with the collection of the invoiced amount immediately after the order of the package, and the package ticket is sent to the customer immediately via e-mail (to the e-mail address indicated by the customer).
III.4. In case of culpable delay of payment by the customer, Riding Dinner will charge the following expenses reminder fees in addition to the legal default interest:’1streminder 3,-- euros; 2nd reminder 5,-- euros; any further reminder 10,-- euros.
IV. Conclusion of the Contract
IV.1. When purchasing a package via the website, the customer enters his personal data and an e-mail-address where the reservation confirmation and the package ticket will be sent to. When the customer books a package after indicating all relevant data and by accepting these GTC and by accepting any GTC of the cooperating partners, he submits a binding offer to Riding Dinner. Before submitting the offer, the customer has once again the opportunity to check all data and – if necessary – to change them. Riding Dinner accepts this offer by sending the reservation confirmation. As an alternative to that, a contract can also be concluded by telephone or e-mail.
IV.2. The customer will receive his package ticket only after the payment transaction has been concluded. In order to carry out the transaction, the customer is redirected to the secure mask of the payment-processing gateway. At the time of payment the card holder enters his or her card data into the data base of the payment-processing gateway. Afterwards, the transaction data are saved on this server. Riding Dinner does not take any responsibility for damages on account of an incorrect or an inaccurate entering of the used card data.
VI.3. In case of a suspicion of fraud, Riding Dinner will immediately inform the payment-processing gateway. In case of presumed fraud cases during the processing of the payment, the payment transaction will be suspended for an unlimited time and it lies on Riding Dinner, whether the horse-carriage ride booked by the suspicious costumer will be carried out. In case that the horse-carriage ride/tour or event is not carried out, the customer will be informed in writing in advance.
IV.4. The ticket will be sent electronically to the e-mail address, which the customer has announced to Riding Dinner. At the express wish of the customer, the ticket can also be transmitted to the customer via mail. In this case, the ticket is sent to the person and address indicated by the customer.
IV.5. Riding Dinner does not take any responsibility for typing errors in the e-mail-address provided by the customer. Furthermore, Riding Dinner does not take any responsibility for the transmission of the ticket by mail. Riding Dinner is not responsible for tickets which were lost or stolen, as well as for tickets which were delivered too late (e.g. because of technical difficulties) whereby this late delivery was not caused by the fault of Riding Dinner, or for tickets which were used without the permission of the person who has ordered them. Tickets are not personal.
IV.6. The customer undertakes to check the ticket transmitted immediately after receipt for its conformity with his or her order. In the case of an obvious mistake or an obvious deviation from the booked order, the ticket will be exchanged for another one provided that the customer reports the mistake in writing immediately after receipt of the ticket.
IV.7. The current version of the GTC can be called up on our websites even after the contract has been concluded.
V.1. The price of a package indicated on our websites on the day the order is placed, is obligatory. All prices indicated are final prices and include the statutory value-added tax.
V.2. In case of a postal dispatch of the ticket, Riding Dinner will charge a lump-sum reimbursement including the statutory value-added tax for packaging and shipping. The amount of the lump-sum reimbursement depends on the address for dispatch (home country, foreign country, overseas).
VI. Withdrawal on part of Riding Dinner
Until the beginning of the operation of the services according to the package booked, Riding Dinner is entitled to terminate the contract for a good reason, especially
• if one of the cooperating partners (coachman, caterer, tour guide) is not cooperating with Riding Dinner any more for any reason
• if the execution of the service is unconscionable to the cooperating partner any longer
• in the case of an Act of God
• in the case of a change in the legal situation of the authorities concerned, which makes the operation of the package impossible for Riding Dinner
In the above-mentioned cases, the customer will receive a voucher with the value of the originally booked package.
VII. Right of Revocation/ Instruction of Revocation
VII.1. The customer has the right to withdraw from the contract concluded with Riding Dinner on the basis of these GTC within two weeks without giving reasons.
VII.2. In the case of a shipment by mail, the prescribed period of revocation amounts to two weeks from the day the buyer or a third party nominated by him or her who is not the carrier, has taken possession of the ticket. In the case of an on-line dispatch, the period of revocation starts with the day of the conclusion of the contract (date of purchase).
VII.3. In order to be able to exercise the right of revocation, the customer has to deliver an unequivocal declaration to Riding Dinner, which refers to the revocation of this contract. The revocation form model can be used for doing so. The revocation has to be sent to: Riding Dinner OG, Spiegelgasse 23/6a, 1010 Vienna via mail. +43 660 70 60 502 or +43 660 1 365 365 (Austrian mobile phone-number, charges according to your tariff) by phone. The revocation can also be sent by e-mail to firstname.lastname@example.org or email@example.com any time. After sending the revocation form, the customer will receive a confirmation regarding the receipt of the revocation immediately.
VII.4. In order to comply with the terms of revocation, it is sufficient to send the notice on the execution of the right of revocation before the deadline of the prescribed period of revocation.
VII.5. Consequences of using the Right of Revocation If the customer makes use of the right of revocation, Riding Dinner will pay back all payments which Riding Dinner has received from the customer, including the costs of delivery (with the exception of the additional costs arising from the fact that the customer has chosen a kind of delivery different from the standard delivery offered by Riding Dinner, which is the most favorable one) immediately and at the latest within two weeks from the day when the notice on the revocation of the contract has arrived at Riding Dinner. For this reimbursement, the same method of payment will be used which the customer has used in his original transaction, unless something else has been explicitly agreed between the customer and Riding Dinner. Under no circumstances you will be charged any fees because of this repayment. The customer does not have a legitimate right of revocation if the ticket has already been used. As soon as the ticket has been used, these GTC as well as the GTC of our cooperating partners will apply. In this case, a reimbursement of the original ticket price is not possible anymore.
VIII. Terms of Cancellation
The package can be cancelled on behalf of the customer for the following conditions/cancellation fees:
• 10 % of the booked package price up to 8 days prior the date of the event.
• 50 % of the booked package price between 8 and 3 days prior the date of the event.
• 100 % of the booked package price from 3 or less days prior the date of the event.
For the reimbursement of the package price (the charged cancellation fees deducted), the same method of payment will be used which the customer has used in his original transaction, unless something else has been explicitly agreed between the customer and Riding Dinner.
The package can be rebooked once free of charge on behalf of the customer free of charge up to 24 hours before the event/tour is executed, as long as Riding Dinner has the vacancies for the demanded date and time. Within these 24 hours, the customer needs to settle a new date and time for the event with Riding Dinner. For every additional rebooking (from the 2nd rebooking on) Riding Dinner will charge a € 25,00 service fee.
IX. Liability and Guarantee
In the case of damages caused by a slight negligence, the liability of Riding Dinner is excluded. The liability of Riding Dinner for injuries to persons is not affected.
X. Abuse/ Commercial Use
The commercial resale of Riding Dinner tickets is prohibited provided that no other agreement has been made in writing. Regarding a violation of the provisions of this clause, Riding Dinner reserves all rights and claims, in particular the enforcement of compensation for damage. For each case of an infringement of the provisions of this clause and excluding the objection of the continuation of the offense, the offender undertakes to pay a contractual penalty in the amount of 2.500,- EUR. Riding Dinner reserves the right of the enforcement of further damage.
XI. Prerequisites for the participation
XI.1. The customer undertakes to arrive at the place of departure/meeting point agreed upon at least 10 minutes before the horse-carriage ride/event or tour takes place. In the case of a delay on part of the customer, the horse- carriage ride/tour or event and the booked meals or services cannot be provided in their full extent. The horse-carriage ride/tour or event will nevertheless end at the place and time agreed upon.
XI.2. The customer undertakes to bring along the ticket either in electronic form (e-mail) or in printed form (paper). The ticket has to be clearly and distinctly readable.
XI.3. Riding Dinner or other cooperating partners of Riding Dinner are not obliged to check if the person showing the ticket actually is the person who lawfully obtained the ticket. Hereof, Riding Dinner is not liable for any damages.
XI.4. It is recommended to wear appropriate clothing for the weather during the horse-carriage ride.
XI.5. Riding Dinner does not take any liability for any delay caused by traffic.
XII. Trade Mark Rights
XII.1. The contents of the website as well as any software required which is employed in cooperation with Riding Dinner, are subject to trade mark rights and contain confidential information which are protected by legal provisions, in particular those for the protection of intellectual property.
XII.2. It is strictly prohibited to use the websites of Riding Dinner, including the contents contained in it, as well as its software for illegal activities, for sale and resale purposes, for advertising or company-specific purposes as well as for any other financial profit from it (e.g. procuring the tickets). For each case of an infringement of the provisions of this clause and disbarring the objection of the continuation of the offense, the offender undertakes to pay a contractual penalty in the amount of 100,000.00,- EUR. Riding Dinner reserves the right of the enforcement of a further damage.
XII.3. With the acceptance of these GTC, it is agreed that the contents of Riding Dinner or third parties are protected in advertising, on the Riding Dinner websites as well as in the Riding Dinner software by copyrights, trademarks, patents or other protected rights or laws.
XII.4. Provided that Riding Dinner or the third parties concerned did not agree in writing, works which are retrievable on the website and on the Riding Dinner software or which are made available or accessible or which are based on the Riding Dinner software must not be used, changed, rented, leased, lent, sold, distributed or altered – neither in whole nor in part and neither for one’s own purposes nor for the purposes of third parties.
XII.5. It is allowed to pass on the e-mail address revealed by the customer strictly confidential to the cooperating partners of Riding Dinner for the purpose of the execution of the event.
XIII. Use of Data / Advertising
XIII.1. The customer agrees that Riding Dinner is entitled to use images, TV or video recordings which were taken during the booked event unrestrictedly in time and place for advertising purposes of Riding Dinner unless legitimate interests of the customer conflict with it. The customer has the right to withdraw his agreement in this connection any time.
XIII.2. The customer agrees to the electronic processing of his contact data for advertising purposes as well as to the delivery of information material to his e-mail-address or postal address by Riding Dinner. The customer has the right to withdraw his agreement regarding this right at any time.
XIII.3. All collected customer data are subject to the Austrian data protection law.
XIV. Brands and Trade Marks “Riding Dinner”, the Riding Dinner logos and letterings, labels for goods and services are registered trademarks of Riding Dinner. Without prior permission of Riding Dinner, it is prohibited to publish or use these brands in any other way. All pictures and texts are only allowed to be used with the permission of Riding Dinner.
XV. Changes of the GTC Riding Dinner reserves the right to change or complement these GTC for the future. The GTC retrievable on the website and on the Riding Dinner software shall apply in the version valid at the time of the order without a separate hint being given concerning a change. The current version of the GTC can be retrieved at www.ridingdinner.com as well as at www.365days.at at any time.
XVI. Place of Performance / Choice of Law/ Place of Jurisdiction/ Miscellaneous
XVI1. As far as nothing else arises from law, the place of performance and payment shall be the place of business of the Riding Dinner OG in Vienna.
XVI.2. This contract applies to Austrian law. This does not hold, if special consumer protection regulations in the home country of the customer are more favourable.
XVI.3. The exclusive place of jurisdiction for all disputes arising from this contract is Vienna.
XVI.4. Legally relevant explanations and announcements, which are given to Riding Dinner or to third parties have to be in writing. A change of this clause on the written form has to be in writing, too.