General terms and condition
1. general
All transactions between the customer and TEAMbuilder shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as GTC). Conflicting terms and conditions of the customer shall only be effective if they are expressly recognised by TEAMbuilder in writing. If conditions in offers or contracts contradict one or more points of TEAMbuilder's general terms and conditions, the conditions of the offers or contracts shall apply. The remaining points of the general terms and conditions remain unaffected.
2. conclusion of contract
TEAMbuilder's offers are non-binding. Customer orders shall not be deemed to have been accepted until TEAMbuilder has confirmed the order in writing, unless TEAMbuilder indicates that it accepts the order, for example by taking action on the order. In exceptional cases (e.g. short-term requirements), orders may also be placed verbally. In such cases, the same conditions apply as for written orders.
3. performance and scope of services
The scope of the contractual services and the fee (remuneration) are set out in the written agreement. Subsidiary agreements or amendments that change the scope of the contractual service or the price shall require an express agreement between the contracting parties and shall be recorded in writing without delay.
Subcontractors are determined by TEAMbuilder. TEAMbuilder shall be liable for services resulting from the subcontractor assignment in accordance with the statutory provisions. Unless otherwise agreed, processing shall take place via TEAMbuilder. In important and justified cases, TEAMbuilder shall be entitled, in consultation with the client, to change parts of the event schedule in deviation from the service description; this shall be recorded immediately and by mutual agreement in writing.
If TEAMbuilder takes over the organisation of an event, TEAMbuilder shall not be liable for the success of this event, in particular not for a specific yield. Similarly, TEAMbuilder shall not be liable if visitors or participants cause damage of any kind during the course of the event.
4. changes during the event, service disruptions
The possibility of holding the event depends to a large extent on factors that cannot be influenced by the organiser. These include unfavourable weather conditions. These factors beyond TEAMbuilder's control may therefore result in changes to the programme during the event. TEAMbuilder will endeavour to keep such changes to a minimum and - depending on the extent of the change in the course of the event - will organise a replacement programme or an alternative date to the best of its ability. Further claims by the customer are excluded.
In the event of service disruptions that do not fall under point 4, the customer agrees that the organiser will provide a defect-free service or improve the defective service within a reasonable period of time in place of his claim for cancellation or price reduction. Remedy can be provided in such a way that the defect is remedied or a replacement service of equal or higher value is provided, which also meets with the express approval of the customer. The customer must notify the organiser immediately of any defect in the fulfilment of the contract that it discovers during the event. Failure to do so may be counted as contributory negligence on the part of the customer and thus reduce any claims for damages.
**5. terms of payment
All prices plus 20% VAT. Advance payment: 50% in advance of the order to cover the preliminary costs and 50% or variable costs after performance.
Interest on arrears: 12% p.a.
Payment term: 7 days without deductions
6. cancellation conditions
In the event of cancellation (withdrawal) of the event, the customer must pay the following cancellation fees to the organiser: 50% of the agreed project value (incl. VAT) from 42 days before the start of the event, 80% of the project value (incl. VAT) from 14 days before the start of the event, 100% of the project value (incl. VAT) from 7 days before the start of the event. If the event is postponed to a date within six months, 30% of the cancellation fee will be credited when the invoice for the new date is issued.
7. law
Austrian law shall apply (with the exception of IPRG and the UN Convention on Contracts for the International Sale of Goods). Place of jurisdiction and place of fulfilment is Purkersdorf District Court. For consumers, the place of jurisdiction pursuant to § 104 JN applies.