+43 650 625 54 53 mail@brainpower.events

General terms and conditions

Dear customer,

Thank you for your interest in the services offered by Brainpower Events GmbH. We are pleased that you have chosen one of our offers. To protect the mutual interests of the contracting parties, the General Terms and Conditions apply. Please read these carefully before placing an order. If you have any questions or uncertainties, please contact us.

Scope of application

The General Terms and Conditions of Brainpower Events GmbH apply to contracts concluded with Brainpower Events GmbH.

The General Terms and Conditions of Brainpower Events GmbH apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

Basis of the contract

With the registration, which can be made verbally, in writing, by fax or e-mail, the customer offers Brainpower Events GmbH the conclusion of a contract on the basis of the corresponding event advertisement or the offer received and all supplementary information in the booking documents and these General Terms and Conditions.

The contract is concluded after Brainpower Events GmbH has made an offer and the customer has confirmed it in writing.

Obligation to perform

The performance obligation of Brainpower Events GmbH results exclusively from the content of the order confirmation in accordance with all information and explanations contained therein.

Brochure information has no binding contractual effect.

Additional agreements with our employees, which change or extend the scope of our contractual services, require our written confirmation to be effective.

Payment methods and deadlines

  1. Payment is made by bank transfer to the account:Erste Bank Sparkasse

Brainpower Events GmbH
IBAN: AT20 2011 1849 6876 6600
BIC: GIBAATWWXXX

  1. The customer is in default of payment at the latest if he does not pay within 30 days after the due date and receipt of an invoice or equivalent payment schedule. Brainpower Events GmbH is entitled to charge default interest of 8 percentage points above the base interest rate to customers who are not consumers. Otherwise, a default interest rate of 5 percentage points above the prime rate applies.For each reminder after the occurrence of default, Brainpower Events GmbH may demand reimbursement of expenses of EUR 3.00.

Price and service changes

  1. Changes and deviations from the agreed contractual content that become necessary after the conclusion of the contract and that are not brought about by Brainpower Events GmbH in bad faith are only permitted insofar as the changes or deviations are not significant, do not lead to a significant change in the contractual service and do not affect the overall nature of the booking.
  2. Any warranty claims remain unaffected if the modified services are defective.

Withdrawal from the contract, cancellation, refusal

  1. The customer may withdraw from or cancel the contract at any time under the following conditions (hereinafter: withdrawal). The customer is advised to declare the withdrawal in writing or text form. It is expressly pointed out that non-utilization of the service without an express declaration of withdrawal does not constitute withdrawal from the contract. In this case, the customer must pay the (full) agreed price for the originally registered and agreed number of participants.
  2. In the following cases of withdrawal by the customer, Brainpower Event GmbH is entitled to the following lump-sum compensation, in particular taking into account usually saved expenses and business planning requirements, which the customer must reimburse to Brainpower Event GmbH:

    Receipt of notice of withdrawal by Brainpower Event GmbH: Amount of compensation:

    – up to 2 months before the start of the service: 20% of the agreed total price
    – up to 1 month before the start of the service: 30% of the agreed total price
    – up to 15 days before the start of the service: 50% of the agreed total price
    – up to 4 days before the start of the service: 80% of the agreed total price.

In case of a later withdrawal, 100% of the agreed total price will be charged.

  1. Brainpower Event GmbH reserves the right to demand higher compensation in individual cases if Brainpower Event GmbH has actually and verifiably incurred higher costs as a result of the withdrawal.
  2. The customer has the right to prove that Brainpower Event GmbH has incurred no or less damage. Until the start of the service, the customer may also request that a third party enters into the rights and obligations arising from the contract instead of him. Brainpower Event GmbH may object to the entry of the third party if it does not meet the special requirements of the event or if its participation is contrary to legal regulations or official orders. If a third party enters the contract, he and the original customer are liable to Brainpower Event GmbH as joint debtors for the agreed price.
  3. Cancellation or withdrawal by the customer due to weather conditions is not permitted. If, in the opinion of Brainpower Event GmbH, an event cannot be held safely due to weather conditions, Brainpower Event GmbH will cancel the event.

Unjustified withdrawal of the client

In the event that the client withdraws from his order in whole or in part without gross negligence or willful misconduct on the part of Brainpower Event GmbH, Brainpower Event GmbH is still entitled to the agreed fee. In this case, Brainpower Event GmbH only has to take into account savings from purchases not yet made. The same applies if Brainpower Event GmbH withdraws from the contract for an important reason in the sphere of the client.

Termination without notice by Brainpower Events GmbH

Brainpower Events GmbH may terminate the contract with immediate effect if the Customer persistently disturbs the execution of the measure/event despite a warning by Brainpower Events GmbH or if he behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. If Brainpower Events GmbH terminates the contract, it retains the right to the full service price, any additional costs for a return transportation shall be borne by the Customer. However, Brainpower Events GmbH must take into account the value of the saved expenses as well as the benefits that it obtains from any other use of the unused service, including the amounts reimbursed to it by the service providers.

Termination due to exceptional circumstances

If the event is considerably impeded, jeopardized or impaired due to circumstances unforeseeable at the time of conclusion of the contract, such as force majeure, both the Customer and Brainpower Events GmbH may terminate the contract. If the contract is terminated, Brainpower Events GmbH may demand reasonable compensation for the services already rendered.

Warranty

If the service is not provided in accordance with the contract, the customer is obliged to first demand remedy by setting a deadline. Brainpower Events GmbH may refuse the remedy if it requires a disproportionate effort.

Brainpower Events GmbH can also remedy the situation by providing an equivalent replacement service.

For the duration of a non-contractual provision of the service, the customer may demand a reasonable reduction of the price (reduction). The right to a reduction shall not apply if the customer culpably fails to report the defect.

Limitation of liability

The liability of Brainpower Events GmbH for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply in the case of injury to life, body and health of the customer or participants, in the case of claims due to the breach of cardinal obligations or essential contractual obligations, such as the execution of the event or the event itself, and in the case of compensation for damages caused by delay.

The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by Brainpower Events GmbH’s vicarious agents.

Brainpower Events GmbH is not liable for service disruptions in connection with services that are merely mediated as external services and that are expressly identified as external services in the specific service description.

Duty to cooperate

The customer is obliged to cooperate within the framework of the statutory provisions in order to avoid or minimize possible damages. In particular, the Customer is obliged to inform Brainpower Events GmbH immediately of any complaints.

Exclusion of claims

The Customer must assert claims for non-contractual performance against Brainpower Events GmbH no later than one month after the contractually agreed end of the service. After expiry of the deadline, the Customer may only assert claims if he has been prevented from complying with the deadline through no fault of his own.

Copyright

The game idea, design, implementation and other materials are subject to copyright. They may only be used personally by the participants. Reproduction, editing, forwarding and distribution require the consent of Brainpower Events GmbH. The same applies to content that is made available to participants electronically.

Pictures

If Brainpower Events GmbH takes photos (pictures or snapshots) during the event at the request and on behalf of the customer, participants will also be shown in the photos. Brainpower Events GmbH will make the photos available to the customer after the event. The customer is solely responsible for ensuring that all participants of the event agree to the production of the photos in accordance with the requirements of the GDPR and that each participant has given their consent to the production and specific provision of the photos. The customer bears sole responsibility for ensuring that the further use and utilization of the photos is in accordance with these consents. Upon request, the customer will provide Brainpower Events GmbH with proof of these consents. Should a participant object to the production of the photos or the provision of the photos, Brainpower Events GmbH will immediately stop the production of the photos or immediately stop the provision of the photos or immediately delete the photos. The customer shall indemnify Brainpower Events GmbH from any disadvantages.

Specialties for remote events

  1. For all remote events or events and services in which the customer is offered online services in which the customer or other persons join together for video and/or telephone meetings via software, the customer shall bear sole responsibility for ensuring that the data protection of all persons involved is protected to the necessary extent and that all persons involved are informed in advance of any necessary data protection aspects.
  2. No participant is obliged to tolerate image, video or audio recordings of themselves at such meetings and must be informed by the customer that their corresponding personal rights are protected, in particular by switching off the microphone and/or camera functions of the computers used. All participants must also be informed that they themselves may not make any image, video or audio recordings of the remote events.
  3. In this context, Brainpower Events GmbH will only process and, in particular, store such data from remote events for as long as this is necessary for the proper fulfillment of the order or is required by law. Brainpower Events GmbH will only make image, video or audio recordings if each person concerned expressly declares their consent to this and for the purpose communicated.
  4. The customer is advised that the successful realization of remote events depends on the availability of the software used for this purpose on the one hand and a sufficient connection of the participants via the Internet on the other hand. Insofar as Brainpower Events GmbH has no influence on this or the software and the Internet connection are provided by the Customer or by third parties, Brainpower Events GmbH cannot be held liable for any malfunctions. In particular, Brainpower Events GmbH cannot be held liable in this respect; the liability risk existing in this respect is borne solely by the Customer.         

Final provisions

The Customer may only sue Brainpower Events GmbH at its registered office. For actions of Brainpower Events GmbH against the Customer, the domicile of the Customer is decisive, unless the action is directed against registered traders, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the action is filed. In these cases, the registered office of Brainpower Events GmbH is decisive (court location Vienna). The entire legal and contractual relationship between Brainpower Events GmbH and the Customer is governed exclusively by German law.

The ineffectiveness of individual provisions of the contract does not result in the ineffectiveness of the entire contract. The contracting parties will replace the ineffective clause with another one that is reasonable for both parties.

Right of withdrawal and withdrawal policy for consumers

If you as a customer are a consumer and therefore not an entrepreneur, you have the following right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

An exception applies to the online purchase of digital goods. In this exception, the right of withdrawal in accordance with Section 356 (5) BGB expires if the supplier has started to execute the contract after the consumer has fulfilled two points:

  • has expressly consented to the trader commencing performance of the contract before the withdrawal period expires, and
  • has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.
  • The entire legal and contractual relationship between Brainpower Event GmbH and the customer is governed exclusively by Austrian law.

    Status of the General Terms and Conditions: June 2024