Terms of Service
- General – scope, definitions and written agreements of changes
1.1. The following general terms and conditions apply to all business relationships between us, FROSCHARFF KG, FN 331187 s, and customers. The version of these General Terms and Conditions valid at the time the contract is concluded is decisive. New versions of the General Terms and Conditions will be posted on the website froscharff.at released.
1.2 Deviating provisions shall only apply if they have been agreed upon in writing between FROSCHARFF KG and the Client.
2. prices & travel expenses
2.1. The prices quoted between FROSCHARFF KG and the customer are net prices. In addition to the net price, statutory taxes and duties are to be paid by the customer.
2.2. The travel costs and expenses outside Vienna are not included in the agreed net prices. FROSCHARFF KG and the customer agree on separate billing for travel costs and expenses. The travel costs and any expenses are due after receipt of the invoice.
3. payment and cancellation conditions, default & replacement dates and trainers.
3.1. The prices for the provision of the services ordered by the Client shall be due 7 days after receipt of the invoice, but in any case prior to the provision of the service by FROSCHARFF KG.
3.2. If the customer withdraws from the contract within 14 days before the agreed performance date, a cancellation fee of 50% must be paid to FROSCHARFF KG.
3.3. A service is only provided by FROSCHARFF KG on the agreed day if the payment has been received in the business account at the latest one day before the intended delivery date. If no payment has been received by this date and no alternative date has been agreed within 4 weeks of the originally scheduled date of performance, FROSCHARFF KG reserves the right to immediately invoice the Client for 50% of the originally agreed fee plus statutory taxes and duties as well as a handling fee of € 75. This amount will be credited by FROSCHARFF KG to the price to be paid by the client (see point 2 of the General Terms and Conditions) when a new appointment is made.
3.4. The agreement of replacement dates for the provision of services is made in writing by FROSCHARFF KG and the customer, whereby it should be noted that the replacement date must be set within 3 months of the originally agreed service date at the latest.
3.5. In the event of a failure of the trainers or coaches provided for the execution of the order, FROSCHARFF KG informs the customer immediately and commissions an adequate replacement trainer to provide the service. If no replacement trainer is available for the scheduled delivery date, FROSCHARFF KG reserves the right to agree a replacement date with the customer within 4 weeks.
4. data protection aspects
4.1. The customer agrees that the personal data about him/her disclosed in the service contract will be stored and processed in compliance with the provisions of the Data Protection Act. This data is treated with strict confidentiality and is only used to the extent necessary to meet legal requirements, to process payment transactions and to prepare for the agreed service.
4.2. FROSCHARFF KG will treat all information about business matters and internal company matters of the client, which come to its knowledge in the course of the execution of the training, as completely confidential. It will impose this confidentiality obligation on the trainers who carry out the training.
5. place of jurisdiction
5.1. The court with subject-matter jurisdiction for 1010 Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. In the case of consumers, the mandatory place of jurisdiction for claims against consumers at the consumer’s place of residence remains unaffected.
5.2. For all disputes that may arise from this legal relationship, Austrian law shall apply to the exclusion of the conflict of law rules. The application of UN sales law is excluded.
6. validity of the general terms and conditions
6.1. When FROSCHARFF KG is commissioned by the customer, the customer accepts the underlying terms and conditions. Should any provision of these terms and conditions be void, for whatever reason, the validity of the remaining provisions shall remain unaffected. Oral agreements require written confirmation to be effective.
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