General Terms and Conditions
The present General Terms and Conditions regulate the rights and obligations of the service provider VR Tours GmbH (company register number: 539288x) (hereinafter referred to as “service provider”) and the customers purchasing and/or using these services (hereinafter referred to as “customer”), the legal enforcement in case of disregard of these rights and obligations by one of the parties as well as the undisturbed operation of the service.
By offering or using the Service, the Customer using the Service fully accepts these General Terms and Conditions and confirms compliance with them by his written declaration.
1 Purpose of the General Terms and Conditions (GTC)
The GTC regulate the general terms and conditions of the contract, the rights and obligations arising from the use of the Service Provider’s services, as well as the references to matters of importance for the Customer.
- Publication, validity and accessibility of the GTCs
The Service Provider undertakes that the General Terms and Conditions shall inform the Customer about the provisions directly affecting him/her.
2.1 The date of publication of these GTC on the website www.vrtoursvienna.com is
July 1st, 2021.
2.2 These GTC are valid for an indefinite period of time and apply to the contracts concluded between the Service Provider and the Client after July 1st, 2021 and/or used by the Client after this date.
2.3 During their period of validity, the GTC can be downloaded at any time from www.vrtoursvienna.com and viewed in printed form at the business premises of the Service Provider (Johannesgasse 21, 1010 Vienna) during business hours.
3 Conclusion of the contract
The present General Terms and Conditions shall apply to any natural person who makes use of the services of the service provider VR Tours Gmbh by purchasing or redeeming a ticket.
By entering into the contract, the GTC are automatically considered accepted, and consequently the rights and obligations provided are qualified as binding for both parties.
If the Client does not consider the provisions of these GTC as binding for him/her, the Service Provider is entitled to refuse the use of the service and at the same time to refund the Client the purchase price of the purchased ticket. An exception to this latter reimbursement is given if the Customer announces his non-agreement after the termination of the use of the service.
- The scope of the service
The service provider offers the customer a virtual reality experience in conjunction with a city tour with the main purpose of entertainment. Consequently, the experience is historical in nature; entertainment and experience delivery are the primary focus, not the real-life depiction of historical events. Although the service provider has made every effort to be as historically accurate as possible, certain scenes do not fully cover reality in order to provide a better experience for the customer. Consequently, we cannot investigate complaints regarding historical accuracy.
The service can be used by anyone at their own responsibility. The scenes demonstrated during the city tour showing virtual reality contain sound and visual effects that may cause viewers to become agitated or in unknown states of mind, therefore the service is not recommended for people with epilepsy or with a tendency to it. The Service Provider does not assume any responsibility for possible discomfort or other states of mind that may result from watching the sound and image effects.
- Conditions of using the service
5.1 The Service may be used by any person over 14 years of age (as well as by persons over 12 years of age with an adult accompanying person), provided that the Customer as well as the accompanying person, if any, accept the conditions contained in these GTC.
5.2 The condition for using the service is the payment of the equivalent value of the service – the current pricing can be found at www.vrtoursvienna.com as set by the service provider.
5.3 Persons under the influence of alcohol, drugs, drugs impairing consciousness or other narcotics, as well as persons suffering from epilepsy or who could potentially be impaired by image and sound effects are not allowed to use the service.
5.4 A prerequisite for using the Service is that the Customer deposits a deposit for the Virtual Reality Glasses received for the duration of the Contract at the Service Provider’s office in one of the following ways:
5.4.1 Any personal document (passport, ID card, driver’s license) of the User may be deposited as a deposit if the Service User can confirm that it is his/her own document.
5.4.2 Alternatively, cash may be deposited in the amount determined by the Service Provider (100 Euros or equivalent).
If the Customer refuses to deposit the security deposit, the Service Provider may refuse to provide the Service.
- Data management rules
The Service Provider may store the Customer’s personal data only for the time necessary for the purposes for which they are processed. The Service Provider shall not disclose the personal data to third parties under any circumstances.
6.1 The Service Provider undertakes that in case of choosing the deposit options according to point 5.4.1, the documents handed over by the Customer shall not be disclosed to third parties, no copies of them shall be made in any form and no data contained in the documents shall be stored. The documents shall be returned to their owners complete and undamaged.
6.2 The deposited documents shall be kept locked. No one, except for the employees of the Service Provider, is allowed to access the documents.
6.3 In addition, all regulations relevant to data management can be found in the data protection regulations of the Service Provider; they can be viewed on the website and in printed form at the business premises of the Service Provider (Johannesgasse 21, 1010 Vienna).
7 Compensation for damages incurred during the service
Customers using the service are obliged to use the tools entrusted to them under the contracts (in particular the VR glasses including accessories) as intended and in compliance with the instructions of the service provider. The Service Provider is entitled to assert claims against the Customer for damages caused by improper use, willful damage or theft.
7.1 If the client has deposited a cash deposit for the use of the service and damages the aids due to improper use or does not return them to the service provider after the end of the tour, the client shall compensate the damage with the deposited amount. The deposited amount may be used by the Service Provider for its own purposes to compensate for the damage incurred.
7.2 If the Client has deposited a non-financial deposit for the use of the service and he/she causes damage to the aids during the validity of the contract by not using them as intended or does not return them to the Service Provider after the end of the tour, then he/she is obliged to pay a financial compensation of 200 Euros, (in words: two hundred Euros). In case of non-payment of the compensation or in case of damage exceeding this amount, the Service Provider may initiate civil or criminal proceedings with the competent authorities.
7.2.1 If the Client has paid a non-financial deposit for the use of the service and he/she intentionally damages the tools or does not return them to the Service Provider, the Service Provider is entitled to file a civil or criminal claim for the incurred property damage.
7.3 The Service Provider cannot accept any responsibility for financial or non-financial damages, e.g. any kind of bodily injury or other restriction of physical integrity, discomfort during the tour or death. The necessary precautions have been taken to avoid any harm to the Client.
8 Procedure of the guided tour
8.1 The guided tour organized by the Service Provider always starts at the Service Provider’s office, which is located at Johannesgasse 21, 1010 Vienna.
8.2 The following route will be visited:
Johannesgasse – Kärntnerstraße – Graben – Hofburg – Burggarten – Neuer Markt – Stephansplatz.
8.3 The Service Provider has the right to change the route of the tour due to unforeseen events such as road closures, construction works or events. In case of such an event, the Service Provider will inform the Guests about the change of the route in advance, if possible.
9 Start and duration of the service
9.1 The service provided by the Service Provider has a standard duration determined in advance.
9.2 The duration of the guided tour is at least 1 hour and 45 minutes, but no more than 2 hours. The tour begins with the handover of the virtual reality glasses and ends with their return.
9.3 City tours organized by the Service Provider start at the specified times; the Customers who wish to use the services can find out about them on the Company’s website, in the office and through the published information materials.
9.4 The Service Provider reserves the right to change the schedule of the tours. The information about the current tour schedule can be found on the Service Provider’s website (www.vrtoursvienna.com).
9.5 It is possible to book private tours in addition to the specified dates if there are at least 15 participants or the same number of purchased tickets. The booking of a private tour must be coordinated in writing in advance with the staff or VR Tours Gmbh by e-mail.
10 Validity of the tickets
10.1 Tickets purchased on the VR Tours Gmbh website – both gift and regular tickets – are valid for 1 year from the date of purchase, unless otherwise stated.
10.2 The period of use specified in item 10.1 may be changed in the following cases:
10.2.1 If the Program is cancelled due to the fault of the Service Provider and the Customer does not find another suitable opportunity to reschedule the Program within the validity period of the Ticket, the Service Provider shall extend the validity period of the Ticket for a maximum of 3 months in addition to the original validity.
10.2.2 If the Customer cancels the Program in time due to an unforeseen event, such as illness, accident, delay due to traffic, and this cancellation has been accepted by the Service Provider, and if the Customer is also unable to book another suitable date for the Program within the validity period of the Ticket, the Service Provider shall extend the validity of the Tickets for a maximum of 30 days in addition to the original validity.
10.2.3 The Service Provider reserves the right to examine each case on its own merits, with the proviso that it cannot offer a shorter, but only a longer period than the aforementioned dates.
11 Booking process, cancellation, change
11.1 Participation in the tour is always dependent on a prior appointment. Depending on the type of Ticket purchased, it is possible to book an appointment in the following ways:
- at www.vrtoursvienna.com;
- at firstname.lastname@example.org;
- on telephone number + 43 660 84 666 78
- personally in the office of the Service Provider at Johannesgasse 21, 1010 Vienna.
11.2 In the case of the purchased tickets, in case of successful cancellation by the Customer within their validity period, the date can be changed up to two times.
11.3 The Customer must inform the Service Provider about any change related to a booked tour at least 24 hours before its start via one of the above-mentioned contact methods during business hours
11.4 If the Buyer does not show up at the booked time without prior notice or does not indicate the cancellation at least 24 hours in advance in accordance with clause 11.3, the ticket is considered used, there is no possibility for another booking or money return.
11.5 In the case mentioned in point 11.4 VR Tours Gmbh can make a new booking based on an individual assessment. There is a possibility to book a new date if the client did not participate in the program due to an unforeseen event according to point 10.2.2.
11.6 The Service Provider reserves the right to cancel or modify the Program in the following cases:
-11.6.1 In the event of heavy rain, hail, stormy winds or temperatures below five degrees Celsius in the city center of Vienna where the program takes place.
-11.6.2 When a storm warning is in effect.
-11.6.3 If the route of the tour becomes impassable for any reason and it is not possible to find an alternative route.
-11.7 In the cases mentioned in clause 11.6, the Service Provider is not obliged to refund the purchase price of the tickets already redeemed, but in any case, offers the possibility to book a new date.
12 Changes to the General Terms and Conditions
The Service Provider reserves the right to amend these General Terms and Conditions, but undertakes to publish the amended contractual conditions on suitable platforms without delay.
13 Ticket purchase and sale
13.1 After purchasing the ticket, the Customer is entitled to use the services upon presentation of the receipt/voucher. The service provider is not obliged to accept forged, unidentifiable tickets/receipts/vouchers and is entitled to refuse to provide the service in this case.
14 Validity of the GTC
14.1 The period of validity of these GTC shall commence on July 1st, 2021 and shall continue until its termination or amendment.
14.2 As far as the personal effect of the present General Terms and Conditions is concerned, it refers to any natural person who makes use of the services of VR Tours Gmbh, thus approving them by signing and/or by purchasing the ticket and recognizing them as binding.
14.3 The legal basis of the business relationship between the customer and the service provider is exclusively the German version of our GTCs. If there are any discrepancies between these GTCs and the English version of our GTCs, the German version shall always be binding on both parties.
Austrian law is applicable to this contractual relationship. The place of jurisdiction is agreed to be the competent court in Vienna, unless mandatory statutory provisions stipulate a different place of jurisdiction.
Vienna, 01st July 2021
VR Tours Gmbh