General Terms and Conditions of Business
Sharkfin Entertainment KG
Untere Viaduktgasse 3/3
1 Validity, Conclusion of Contract
1.1 SHARKFIN ENTERTAINMENT KG (hereinafter referred to as “Agency”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These shall apply to all legal relationships between the Agency and the Client.
1.2 Any terms and conditions of business of the customer shall not be accepted, even if known, unless expressly agreed otherwise in writing in individual cases. The Agency expressly objects to the Customer’s GTC. No further objection to the Client’s GTC by the Agency shall be required.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof.
1.4 The Agency’s offers are subject to change and non-binding. 2.
2 Scope of services, order processing and obligations of the Client to cooperate
2.1 The scope of the services to be rendered shall be determined by the service description.
2.2 The liability of the Agency and its vicarious agents shall be limited to intent and gross negligence for the entire business relationship. In relation to consumers (§ 1 KSchG), the exclusion of liability shall only apply to damage other than personal injury.
2.3 Children under the age of 14 may only be admitted together with an accompanying adult. When visiting a group of children, the responsible person must be named as such. The accompanying person is responsible for supervising the children and in particular for ensuring their safety.
2.4 Anyone who causes a nuisance to other visitors, enters the facilities contrary to these GTC, does not follow the instructions of the supervisory staff or mandatory signs or causes a disturbance in any other way may be expelled from the play areas without any right to reimbursement of the play price. The supervisory staff shall be entitled to exercise all rights flowing from the domiciliary rights.
2.5 Persons under the influence of alcohol or other psychoactive substances as well as persons suffering from a serious illness (e.g. heart disease, epilepsy) are prohibited from participating in the games.
2.6 Smoking and handling open flames, as well as carrying dangerous objects (e.g. stabbing weapons, firearms, etc.) that could cause bodily injury or death are strictly prohibited.
2.7 The client is liable to pay compensation for damage to property and financial losses caused by gross negligence or wilful misconduct.
2.8 Any theft or attempted theft will be reported to the police and a handling fee of 250 Euros will be charged due to the expense incurred.
3 dates & postponement
3.1 In order to ensure the smooth running of the games and to enable all customers to start their games on time, it is essential that the customer arrives at the agreed time. The Client is required to arrive at the Agency’s premises ten minutes before the booked time. In case of late arrival, the appointment can only be used to the extent of the remaining time available, so that the next game can start on time in any case. If only 30 minutes or less of the time remains, the booking can no longer be taken, as the briefing etc. would take too much time to ensure a smooth process and prevent delays for the following clients. The client will be charged 100 per cent of the booking amount, as the agency has already incurred the entire expense (preparation of the room, provision of staff, electricity, etc.) and there is no possibility of assigning the date elsewhere.
3.2 Cancellation of an already booked and paid date is possible free of charge up to 24 hours before the date of the performance. In the event of cancellation less than 24 hours before the booked date, 50% of the booking sum will be charged. In case of non-appearance at the booked date, the entire booking sum will be due. No alternative date is possible. The agency has already incurred all expenses (preparation of the room, provision of staff, electricity, etc.) and there is no longer any possibility of assigning the date to another party.
3.3 The postponement of a booked appointment is possible free of charge up to 24 hours before the appointment. If an appointment is postponed less than 24 hours before the booked appointment, 50 percent of the booking amount will be charged. A replacement appointment must take place within the three weeks following the original appointment, otherwise any deposits already made shall be forfeited.
3.4 All fees mentioned under point 3 are subject to judicial moderation.
4.1 Unless otherwise agreed, the Agency’s fee claim shall arise for each individual service upon its binding booking or binding confirmation of the booking. The Agency shall be entitled to demand advance payments to cover its expenses.
4.2 Please refer to the price list for the respective fee (incl. VAT).
4.3 For bookings outside the two-hour timeslots provided on the online platform (e.g. bookings via telephone), an additional fee shall be charged according to the price list. This fee covers the disadvantages incurred by the agency due to the out-of-hours booking time. The duration of the match and the necessary preparation and post-processing of the premises only permit the allocation of appointments in (at least) two-hour intervals, which is why the agency has to block two timeslots on the online platform for an out-of-hours booking. This disadvantage is covered by the additional fee.
5 Payment, retention of title
5.1 The fee shall be due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This shall also apply to the charging on of all cash expenses and other expenditure. The goods or services delivered by the Agency shall remain the property of the Agency until full payment of the remuneration including all ancillary liabilities.
5.2 In the event of default in payment on the part of the Client, the statutory default interest shall apply at the rate applicable to business transactions or consumer transactions. Furthermore, in the event of a delay in payment for which the Customer is responsible, the Customer undertakes to reimburse the Agency for the reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. The assertion of further rights and claims shall remain unaffected.
5.3 Furthermore, the Agency shall not be obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration shall remain unaffected.
5.4 If payment in installments has been agreed, the Agency reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of time).
5.5 The Customer shall not be entitled to set off its own claims against claims of the Agency, except in the event of the Agency’s inability to pay, in the case of claims that are legally related to the Customer’s liability or if the Customer’s claim has been recognised by the Agency in writing or has been established by a court.
6 property rights and copyright
6.1 All services provided by the Agency shall be the property of the Agency. Photography as well as audio and/or video recordings are prohibited.
6.2 The Agency’s consent shall be required for the use of the Agency’s services that goes beyond the originally agreed purpose and scope of use – irrespective of whether this service is protected by copyright. The Agency and the author shall be entitled to separate appropriate remuneration for this.
6.3 The Client shall be liable to the Agency for any unlawful use in the double amount of the appropriate fee for such use.
7 exclusion of liability
In cases of slight negligence, liability on the part of the Agency for material or financial damage to the Client shall be excluded. This shall not apply in the case of personal injury.
8 data protection
The Agency’s events and games are monitored by video for security reasons, but not recorded. The justified interest of the Agency lies in the protection of persons or/and property due to the special potential danger of the game, which makes video surveillance during the game necessary.
9 applicable law
The contract and all mutual rights and obligations derived therefrom as well as claims between the Agency and the Customer shall be governed by Austrian substantive law, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
10 final provisions
10.1 The place of performance shall be the registered office of the Agency.
10.2 Insofar as in this contract terms referring to natural persons are only stated in the masculine form, they shall refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.
10.3 Amendments or supplements to these GTC must be made in writing in order to be effective. This shall also apply to any waiver of the written form requirement.