TERMS AND CONDITIONS (GTC)
1.1. For the business relationship of the “Rhythmiker” project between consumers and Mag. Benjamin Ergün, Weidmanngasse 27/10, A-1170 Vienna, the following general terms and conditions apply in the version valid at the time of the completed booking.
1.2. You can reach our customer service for further information, questions, complaints and complaints by email at email@example.com
1.3. Consumers (hereinafter also “customers”) in the sense of these terms and conditions is every natural and legal person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.4. Different conditions of the consumer (customer) are not recognized. Unless “rhythmicist” has agreed to their validity, which can be proven by the customer.
- Offers and service descriptions
2.1. The presentation of the individual events in the online shop does not constitute a legally binding offer. Even service descriptions in brochures and on the “Rhythmiker” websites or third-party websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless something else is noted at the individual events.
2.3. “Rhythmics” reserves the right to change the schedule of the individual events. So that you can react appropriately to the respective training situation. The “rhythmist” offer can e.g. due to external circumstances (weather, unforeseen circumstances, etc.).
2.4. Program offers that were not carried out due to the prevailing circumstances or were only carried out to a limited extent do not entitle to an aliquot reimbursement of costs.
2.5. If a minimum number of participants is not reached, “Rhythmiker” reserves the right to cancel the respective event in a timely manner. The payment made up to this point will be returned to the customer within seven working days without any deductions by “rhythmicians”. “Rhythmicist” assumes no additional costs for the customer. For this repayment, we use the same means of payment that you used in the original transaction, unless it has been proven that something else was agreed.
2.6. Despite careful maintenance of the website and the shop, errors can occur on the part. “Rhythmiker” therefore expressly draws your attention to this: Under the legal conditions, an error can lead to the cancellation or change in the content of the contract concluded. “Rhythmiker” reserves the right to contest or amend the contract concluded between “Rhythmiker” and the customer – under the conditions provided for by law – due to errors.
- Booking process and conclusion of contract
3.1. The customer can select various events from the “Rhythmics” range without obligation and collect them in a so-called shopping cart using the [book now] button.
3.2. The customer can then use the [Continue to checkout] button in the shopping cart to complete the booking process or remove individual events from the shopping cart.
3.3. Before submitting the order, the customer can change and view the data at any time. With the [Buy] button, the customer submits a binding offer to participate in one or more “rhythmists” events. From this date there is a contract and the time limit begins.
3.4. “Rhythmiker” then sends the customer an automatic confirmation of receipt by email, in which the customer’s booking is listed again and the customer can print out the booking confirmation using the “Print” function. (The automatic confirmation of receipt documents that the customer’s booking has been received by “Rhythmiker”. The fixed seat reservation only comes about when the customer has paid for the booked event and the customer is sent a “completion email” by “Rhythmiker” .
3.5. If “Rhythmiker” enables payment in advance, the contract is concluded with the provision of the bank details and payment request.
3.6. The cancellation and cancellation periods begin with the completion of the booking on the “Rhythmiker” website or via third-party websites.
- Prices and shipping costs
All prices stated on the “Rhythmiker” website include the applicable statutory sales tax.
- Seat reservation
Until the booking has been paid in full, participation in one of the events offered is not possible and no seat is reserved.
6.1. Occasionally it is necessary to commission subcontractors. For example: self-employed trainers, bus companies, hotels, sports fields, rental companies, and much more.
6.2. Any liability claims arising from the responsibility of subcontractors are not taken over by “rhythmicians”. Corresponding liability claims are to be made directly to the respective subcontractors.
- Documentation and photos
7.1. No photos and pictures of our events are taken. If this is the case, a photo permit will be obtained beforehand from all participants or their legal guardians.
- Defects in performance
“Rhythmiker” reserves the right to change the content of the individual events in order to be able to react appropriately to every training situation (weather, group dynamics, security …). There is no entitlement to an aliquot reimbursement of costs should individual program contents not be carried out during the booked event time.
9.1. The following exclusions and limitations of liability apply to liability for “rhythmicists” for damages, without prejudice to the other legal requirements.
9.2. The general rule; that every participating adult person takes part in the events on their own responsibility. No liability is accepted for any injuries that cannot be attributed to gross negligence and intent on the part of the training personnel.
9.3. For minors who take part in the events offered, they take part at the responsibility of their parents. No liability is accepted for any accidents and injuries that cannot be attributed to gross negligence and intent. The registration of an underage person for an event by “rhythmicists” is understood as an agreement to participate in the individual methods offered by “rhythmicists”. If minors are not allowed to take part in individual methods in accordance with those of the legal guardians, this information must be communicated to “rhythmists” in good time via email. The email contains information on which methods and program content the minor is not allowed to participate in.
9.4. The parents and every adult are aware of the risk factors for the individual training methods offered. Any reservations should be addressed in writing as early as possible (email to firstname.lastname@example.org).
9.5. As far as the liability of “rhythmics” is excluded or limited, this also applies to the personal liability of employees, trainers, representatives and other vicarious agents.
- Right of withdrawal for consumers / customers
10.1. The customer / consumer can withdraw from the concluded contract within 14 days after booking the individual event without giving reasons.
10.2. In order to exercise your right of withdrawal, you, “Rhythmiker” Mag. Benjamin Ergün, Weidmanngasse 27/10, A-1170 Vienna, must inform us about your decision to withdraw from this contract. Communication channels for your right of withdrawal are email: email@example.com or a letter sent by post. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the end of the withdrawal period.
10.3. After the withdrawal period has expired, the cancellation conditions listed below apply.
- Consequences of withdrawal
If you withdraw from this contract, we must repay all payments that we have received from you within 14 working days from the day on which we have received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
- Cancellation costs
12.1. After the booking has been completed on the “Rhythmiker” website or third-party websites, the following cancellation conditions apply if the customer cancels the booking:
12.2. In the event of cancellation after the 14th day of the booking date up to four weeks before the start of the booked “rhythmist” event, we will charge a cancellation amounting to 25% of the order amount.
12.3. In the event of cancellation less than four weeks to ten days before the start of the booked “rhythmist” event, we will charge a cancellation amounting to 50% of the order amount.
12.4. In the event of cancellation less than ten days before the start of the booked “rhythmic” event, we will charge a cancellation amounting to 75% of the order amount.
12.5. In the event of cancellation three days before the start of the booked “rhythmic” event or if a current “rhythmic” event is canceled or excluded for whatever reason, we will charge a cancellation amounting to 100% of the order amount.
12.6. A subsequent (aliquot) reimbursement of costs for courses, training courses and seminars upon leaving during an ongoing event, for whatever reason, is not possible.
- Right of exclusion
13.1. “Rhythmiker” is entitled to exclude minors and adults who participate in the “Rhythmiker” events without reimbursement of the costs paid.
13.2. An exclusion can take place after two warnings and, in the case of minors, after an additional discussion with the parents a) in the event of improper behavior, b) if the event objectives are frustrated, c) in the case of aggressive behavior towards institutions, trainers and participants.
13.3. An exclusion can, however, be given to minors after an additional discussion with parents under a) if there are mental illnesses that were not communicated to “rhythmists” before the booking (e.g. ADHD), b) if participation poses a risk to participants, trainers or represents the person himself, c) when using violence against participants or trainers.
- Storage of the contract text
14.1. “Rhythmicist” saves the order which, together with the General Terms and Conditions, is the contract text. The terms and conditions are available online. The customer can print out the contract text before placing the order.
14.2. “Rhythmiker” also sends the customer a booking confirmation with all booking details to the email address he has provided. The general terms and conditions are available at any time at https://rhythmiker.com.
- Data protection
15.1. “Rhythmiker” processes personal data of the customer for a specific purpose and in accordance with the legal provisions.
15.2. Data that is necessary for the purpose of carrying out the individual events (such as name, e-mail address, address, telephone number of the parents, etc.) as well as image material required for documentation are affected. In any case, this data will be treated confidentially (unless a corresponding permit has been issued – eg “photo permit”) and will not be passed on to third parties who are not involved in the booking, implementation and payment process. The data will be deleted after seven years.
15.3. The customer has the right to request information free of charge about the personal data that “Rhythmiker” has saved about him. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
15.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by “rhythmists” can be found in the data protection declaration.
15.5. Data protection officer is Mag.Benjamin Ergün, Weidmangasse 27/10, 1170 Vienna firstname.lastname@example.org +43 676/6266792.
- Place of jurisdiction, applicable law, contract language
16.1. The place of jurisdiction and place of performance is Austria, if the customer is a private individual, entrepreneur, legal entity under public law or special fund under public law.
16.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations prevent such an application.
16.3. The contract language is German.
- Application of the terms and conditions
If parts of these terms and conditions or sections turn out to be invalid, this does not change the validity of the areas not affected by these parts. The invalid sections are to be interpreted in the sense of the intended content.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
As of 03/2020