General Terms and Conditions for “Cashless”
of musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna
(hereinafter referred to as: the Event Organiser)
1. Mandatory registration
1.1 The entrance to the Frequency Festival 2022 is only possible after registration. Therefore you have to register BEFORE the festival on www.frequency.at/cashless (mandatory fields are first name, last name, year of birth, place of residence and e-mail address). This will link your personal data with the ticket. Your details will be checked on site by presenting a valid photo ID (passport, driver’s license or ID card) when you enter the festival area for the first time. Without registration and presentation of a valid photo ID you will not be able to enter the festival area. This is necessary, among other things, so that you can top up your online credit and reclaim the unused money on your Cashless account after the festival, to prevent crimes related to the festival, to enforce house bans, as well as to track diseases related to the COVID-19 pandemic.
1.2 At the Frequency Festival (including at the campsite) all goods and services are to be paid for exclusively with Frequency-Cashless. The following terms and conditions apply exclusively to the purchase, receipt and return of the Frequency-Cashless data carrier, its loading and unloading, as well as payment with it, and also to all present and future deliveries and services provided on site or as part of internet services under the domain https://frequency.at and subdomains. Terms and conditions of third parties are not applicable under any circumstances. The validity of the general terms and conditions of the organizer (available at https://www.frequency.at/agb/) shall not be affected by the present terms and conditions.
1.3 The services offered at https://www.frequency.at/cashless are a non-binding invitation to you as a potential contractual partner to make a binding offer for the goods and services offered. By placing an order in the online store, you are making such a binding offer. However, a contract with you shall not be concluded until we have accepted your offer with a separate confirmation or by dispatching the goods.
1.4 The prices stated on the website are inclusive of VAT, but exclusive of any packaging and shipping costs. Before you place your chargeable order, you will be shown the total costs (including any packaging and shipping costs). Invoices are payable immediately without deduction. In the event of late payment, the default interest rate is 8% per year. Necessary costs of appropriate extrajudicial enforcement or collection measures, as far as they are in a reasonable relation to the pursued claim, must be reimbursed by you.
2. Frequency Cashless data carrier (card/chip)
2.1 In order to transfer credits that have been topped up online to the Frequency-Cashless data carrier on site before the festival, you must take the printed confirmation of the topped-up credit and an official photo ID with you for presentation at the belt counter.
2.2 Each Frequency Cashless data carrier has a number. You can use this number to view your balance and transactions at www.frequency.at/cashless.
2.3 You must register your Frequency Cashless data carrier by entering your name and e-mail address at https://www.frequency.at/cashless. You can block registered Frequency Cashless data carriers at https://www.frequency.at/cashless.
3. Charging and discharging
3.1 You can recharge Frequency-Cashless online at frequency.at/cashless in advance, automatically, if your balance is too low or directly at the festival.
3.2 You can unload the Frequency-Cashless data carrier until 31.10.2022, 23.59 hours at https://www.frequency.at/cashless. For re-transfers after that, please contact email@example.com via email. Credit remittances will be made within 14 days of entering the correct remittance information. Credit withdrawals are not possible on festival site.
4.1 In order to pay, you need to hold the Frequency Cashless data carrier onto the relevant reading device. The amount of your credit balance is debited upon confirmation.
4.2 Cancellations of already made debits are not possible.
5.1 All goods purchased in the webshop have to be picked up directly at the festival supermarket during the festival opening hours. The collection of the entire order must be done at once. Information about the opening hours, the exact location plan and tips on how to get your orders as quickly as possible can be found at https://www.frequency.at/fq-festival-gelaendeplan/gelaendeplan/.
5.2 Delivery only in household quantities.
6.1 The Event Organiser shall not be liable for improper use of the Frequency Cashless data carrier. The Event Organiser shall only be liable for intent or gross negligence in respect of damage resulting from culpable breach of contract in the event of its own fault or a vicarious agent being at fault. This does not apply to personal injuries.
6.2 Austrian law exclusively applies to legal disputes. Application of the UN Convention on Contracts for the International Sale of Goods, the conflict of law rules of the Austrian Private International Law Act (IPRG) and Regulation (EC) no. 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) is excluded. The place of performance is VAZ St. Pölten.
6.3 If you fail to collect so-called “goodies” in person at the Frequency Festival, these shall lapse. The same applies in the event of the Festival not being held for any reason whatsoever. Legal action is excluded for lotteries. Cash payments for goodies and winnings are excluded.
7. Dispute resolution and right of withdrawal
7.1 The Event Organiser is covered by the alternative dispute resolution bodies “online dispute resolution” (https://webgate.ec.europa.eu/odr) and “Internet ombudsman” (www.ombudsmann.at). If you as the contracting party are a consumer, the specified platforms provide you with the option to use extrajudicial dispute resolution from an impartial arbitration body.
7.2 Contact email address is: firstname.lastname@example.org
8. Right of cancellation (see also: www.frequency.at/faq/cashless)
8.1 You are entitled to cancel a contract concluded by means of distance selling without giving reasons. The cancellation period amounts to fourteen days from the day on which you or a designated third party, who is not the promoter, have or has taken possession of the goods.
8.2 In order to exercise your right of cancellation, you must advise us, musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna, of your decision to cancel this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). In order to do so, you may use the enclosed sample cancellation form, but this is not mandatory. In order to comply with the cancellation period it is sufficient to send notice exercising your right of cancellation before the cancellation period expires.
8.3 If you cancel this contract, as Event Organiser we shall reimburse all payments that we received from you, including delivery costs (except for additional costs resulting from the fact that you chose a method of delivery other than the most favourable standard delivery offered), and not later than within fourteen days from the day on which we received the notice of your cancellation of this contract. We will use the same currency for such reimbursement that you used in the original transaction, unless explicitly agreed with you to the contrary; you will not be charged fees for such reimbursement.
8.4 We would like to point out that this right of withdrawal does not include the order of tickets. This is binding and obligates you to accept and pay for the tickets ordered. Due to the statutory exception pursuant to Section 18 (1) (10) FAGG for services provided in connection with leisure activities, there is therefore no right of withdrawal.
8. 5 Sample cancellation form
If you wish to cancel the contract, please fill out this form and send it to:
musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna , email@example.com
I/We (*) hereby give notice of cancellation of my/our (*) contract to buy the following goods (*)/ provide the following service (*)
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in the event of notice issued on paper)