GENERAL TERMS AND CONDITIONS
Here you can find the General Terms and Conditions (“GTC”) of teamazing GmbH. Please note that the terms and conditions are updated regularly. If you have any questions, please do not hesitate to contact us.
- For all contracts between teamazing GmbH, Puntigamer Straße 24, 8041 Graz, company register number FN 478077 f, Regional Court for Civil Matters Graz (contact: email@example.com; www.teamazing.com) and the customer regarding the holding of events in the sense of § 1.2 for the customer, the following General Terms and Conditions apply exclusively; any terms and conditions of the customer shall not become part of the contract.
- An event in the sense of these General Terms and Conditions is a competition in which participants authorized by the customer compete against each other and complete tasks of a physical and/or mental nature determined by teamazing GmbH.
- Content of Service
- The range of the contractual obligation of teamazing GmbH results exclusively from the service description in the binding offer of teamazing GmbH and/or the information in the booking confirmation subject to all notes and explanations contained therein. Proposals for changes and additions regarding the concluded contract by the customer constitute a new offer to teamazing GmbH and require written confirmation by teamazing GmbH to be effective.
- Prospectus information has no binding effect.
- Terms of payment
- The payment of the services of teamazing GmbH by the customer has to be made exclusively by internet transfer to the following account:
IBAN: AT49 3836 7000 0051 8811
- The payment terms specified in the respective offer of teamazing GmbH shall apply. Unless otherwise specified in the offer, payments must be received within 14 days after receipt of the invoice at teamazing GmbH’s bank account. The booked services (according to the booking confirmation) are charged 50% before the event and 50% after the event.
- There is no obligation to perform on the part of teamazing GmbH if services that are due from the customer have not been rendered.
- In the event of default in payment, teamazing GmbH is entitled to charge the statutory interest on arrears and to claim all additional costs necessary for appropriate collection and recovery.
- Cancellation by the customer
- Cancellation of an already contractually agreed service concerning the holding of events by teamazing GmbH can only be made by the customer under the following conditions:
- from receipt of the booking confirmation from teamazing GmbH: obligation to pay 33% of the agreed invoice amount.
- from the 21st day before the booked event: obligation to pay 66% of the agreed invoice amount
- on the day before or on the day of the booked event: 100% of the invoice amount
- If services of third party providers are billed via teamazing GmbH, only the GTCs of the third party provider come into effect. The GTCs of the third party provider
will be forwarded to the customer including the service offer.
- Bad weather, force majeure, COVID-19
- The decision on the provision of services by teamazing GmbH is exclusively at the discretion of teamazing GmbH, which must proceed according to reasonable aspects and, above all, take into account the safety of the participants.
- If teamazing GmbH decides against the performance of agreed outdoor tasks in accordance with item 5.1, these tasks will be replaced by indoor tasks if possible and economically feasible. Any additional room costs incurred by teamazing GmbH will be charged to the customer. In this case there is no claim for price reduction or other compensation. If it is impossible or economically unfeasible to relocate the event indoors, the event will be cancelled in its entirety on that day. In this case the customer is entitled to the rights according to point 5.3
- If teamazing GmbH decides in accordance with clause 5.2 sentence 4 that the event cannot be held due to bad weather, legal provisions regarding COVID-19 prevent the holding of the event or if the event is thwarted by cases of force majeure, the customer has the right to request a replacement date for booked service within the next nine (9) months from the date of the originally booked event. This postponement shall not result in any additional costs for the customer. If the customer does not exercise the right to a replacement date until after the expiration of the deadline, teamazing GmbH reserves the right to retain 33% of the invoice amount as compensation for expenses.
- Cancellation by teamazing GmbH
- If the event is cancelled for reasons that lie exclusively in the sphere of risk of teamazing GmbH (e.g. lack of official approval), the customer is released from his obligation to perform; payments already made will be refunded to the customer.
- Changes in the number of participants and general conditions
- The number of participants, location or time of the event cannot be changed unilaterally by the customer after confirmation of the order by teamazing GmbH. Requests to change the number of participants and general conditions must be made by e-mail to firstname.lastname@example.org. The agreement to change already agreed conditions requires the written consent of teamazing GmbH.
- After a change in the contract according to point (7.1), teamazing GmbH is entitled to make changes to the program, insofar as the implementation of individual services is not possible due to the changed number of participants.
- If the event takes place late for reasons attributable to the client, each delay shall be compensated with a lump sum of €80,- (net) per hour or part thereof and per experience builder employed by teamzing GmbH. For workshops, €150 (net) will be charged per team trainer / per hour.
- Services not used
- If the customer does not make use of individual event services that have already been agreed, there is no entitlement to a price reduction or refund of the invoice amount already paid.
- If the customer makes use of services of third party providers that are billed via teamazing GmbH, the GTC of the third party provider shall apply exclusively to these services. The GTC of the third party provider will be forwarded to the customer with the service offer.
- General conditions of participation
- Participation in events organized by teamazing GmbH is subject to the General Terms and Conditions of Participation and other organizational measures set forth in this Section 9, which must be observed by all participants in order to ensure the smooth running of the events. The customer is responsible for the compliance with these General Conditions of Participation and the other organizational measures by the participants in events authorized by him/her and shall bring the General Conditions of Participation to the attention of the participants for this purpose. The organizational measures applicable at the event shall be made known to the participants by separate notification by the event staff of teamazing GmbH prior to the start of the event.
- Persons who have not yet reached the age of 15 are excluded from participation in the events, unless expressly provided otherwise by teamazing GmbH in individual cases.
- The participants are always obliged to act reasonably and self-responsibly.
- teamazing GmbH reserves the right to exclude participants from the event who violate the General Terms and Conditions of Participation or the organizational measures applicable at the event. With regard to organizational measures, the participants must comply with the instructions of the appropriately marked event personnel within the framework of the event. In the event of violations that disrupt the proper course of the event or may endanger the safety of the other participants or third parties, the event staff shall be entitled to exclude the respective participant at any time. Such exclusion does not entitle the customer to a (partial) reduction or refund of the agreed invoice amount.
- The customer agrees that the photos, film recordings and interviews made in connection with the event may be distributed, reproduced and published in radio, television, print media, books, photomechanical reproductions (films, video cassettes, etc.) or other media without any claim to remuneration. The customer is obliged to obtain written consent to this effect from the participants in the event.
- Defect rights
- If the service is not provided by teamazing GmbH in accordance with the contract, the customer is obligated to first demand remedy. Complaints are to be made to the event staff of teamazing GmbH on site without delay, as far as possible. teamazing GmbH may refuse to remedy the situation if this would require disproportionate effort. teamazing GmbH may also remedy the situation by providing a substitute service of equal value.
- If no remedy is possible for a service not provided in accordance with the contract, or if teamazing GmbH refuses to provide a remedy due to the disproportionate effort required, the customer may demand a reasonable reduction of the price (price reduction). The right to a price reduction does not apply if the customer culpably fails to notify teamazing GmbH of the defect in a timely manner.
- Insofar as the customer requests a price reduction due to alleged poor performance, he is obligated to present the reasons in a reasonable manner.
- If the performance of teamazing GmbH is impaired by weather conditions, the customer shall not be entitled to a price reduction, refund or compensation. If teamazing GmbH organizes a substitute program at the customer’s instigation, the expenses for this will be charged to the customer.
- Claims for non-contractual performance by teamazing GmbH must be made by the customer to teamazing GmbH no later than one month after the contractually agreed end of the service.
- Limitation of liability
- If teamazing GmbH has to make changes to the location, time or content of the event due to weather conditions, official orders, safety reasons or any other objectively justified reasons, or if teamazing GmbH has to cancel the event altogether, any obligation to compensate teamazing GmbH for the resulting damage is excluded. Any obligation to repay the invoice amount results from points 5.3 and 6.1.
- The liability of teamazing GmbH or its personnel for pure financial losses and consequential damages arising in connection with the participation in an event is excluded vis-à-vis the customer and third parties to the extent permitted by law.
- teamazing GmbH assumes no liability for the loss of items stored free of charge during the event, including and in particular for items of clothing and bags given into safekeeping.
- In the event of service disruptions in connection with services that teamazing GmbH has merely arranged as third-party services and which are expressly designated as third-party services, teamazing GmbH shall only be liable for the proper selection of the arranged third party, even in the event of participation in these events as the contact person.
- teamazing GmbH assumes no liability for materials, equipment, places and premises provided by the customer or third parties for the implementation of events.
- Final conditions
- These General Terms and Conditions may be amended by teamazing GmbH at any time and shall apply from the date of their publication.
- Oral promises made by teamazing GmbH that deviate from these General Terms and Conditions are not valid.
- If individual provisions of these General Terms and Conditions are not valid, for whatever reason, the remaining provisions shall remain valid. In all other respects, the statutory provisions shall apply.
- The place of jurisdiction for disputes shall be the competent court in Graz. Austrian law shall apply without inclusion of the reference standards.