General Terms and Conditions
Merchant Entertainment FlexKapG
1. Applicability of the Terms and Conditions
a. The contract between Kaufmann Entertainment FlexKapG and visitors of a team-oriented event is concluded with the handing over of the participation ticket to the visitor. By stating that they wish to purchase a participation ticket, the visitor accepts these General Terms and Conditions (“GTC”). This also applies in cases where the visitor books the participation tickets by phone, online, or using other communication technologies.
b. With the transfer of the participation ticket to a third party, the contractual relationship is transferred to the purchaser under the application of these GTC. The transferor of a participation ticket is obligated to inform the purchaser about the applicability of these GTC.
c. For persons who are present in the premises without these GTC becoming effective through a contractual agreement, the GTC shall apply accordingly as house rules.
2. General Rules of Conduct
Access to the event premises:
a. The event premises (action rooms) may not be entered without valid participation tickets. Kaufmann Entertainment FlexKapG reserves the right to check access authorization and to deny entry to the play area or exclude the visitor from participation in the absence of access authorization.
b. Bringing weapons, cameras, digital cameras, video, DVD, and similar picture or sound recording devices into the action rooms is not permitted. The visitor is required to check such items at the reception before entering a play area and to collect them after leaving the play area. Items that are not collected within three days after the event will be handed over to the responsible lost property office.
c. Consumption of brought food and/or drinks in the action rooms is not permitted.
d. Staff are entitled to inspect the bags and clothing of the visitor before entering and upon leaving the play area. If the visitor refuses or hinders the inspection, entry to the action room will be denied without a refund of the ticket price. If it turns out that the visitor has brought one of the prohibited items into the premises after entering the action room, the visitor will be expelled without a refund of the ticket price of the event.
Behavior in the play area:
e. Kaufmann Entertainment FlexKapG reserves the right to deny the visitor, who harasses other participants or employees and/or who opposes the instructions of Kaufmann Entertainment FlexKapG, the acquisition of participation tickets for a certain period of time or, in serious cases, permanently, as well as to deny access to the business premises.
f. Visitors can be excluded from events without a refund of the participation price after a warning from the staff if they:
in the premises
- smoke;
- bring food and/or drinks into the play area without the permission of Kaufmann Entertainment FlexKapG;
- throw food scraps on the floor or otherwise pollute the play area; - bring weapons or other dangerous or prohibited items into the play area, regardless of whether they are actually used or not; - are under the influence of alcohol or drugs (visitors take sole responsibility for any damage)
g. After the event, the action rooms must be exited through the marked exits. Remaining in the action rooms after the event is prohibited. h. Removing, damaging, or destroying items and props of the action rooms is strictly forbidden and will be pursued under civil and criminal law. Visitors are obliged to compensate for all damages they cause intentionally.
i. The operator is not liable for damages caused by slight negligence by him or by assistants in the sense of § 1313a ABGB!
j. Intentional hitting or comparable activities against the established safety facilities are punishable and will result in immediate expulsion from the premises. Any damages resulting from this are the risk of the participant and will be reported immediately!
k. Participants with their own equipment undertake to use the items according to the applicable safety regulations and declare that the brought items comply with the applicable safety regulations! l. The operator is not liable for damages resulting from improper or irregular use of the sports equipment provided.
3. Ordering process / Acquisition of participation tickets for events
a. For the purchase of participation tickets, the prices specified for the respective event apply. The prices include VAT and other legally required specifications. The presentation of event services in the online shop does not constitute a legally binding offer, but rather a request to submit an order.
b. The visitor can select from the range of Kaufmann Entertainment FlexKapG without obligation and reserve them bindingly via the "Book" button.
c. Kaufmann Entertainment FlexKapG sends the visitor an automatic confirmation of receipt/order confirmation via email after completing the order process, in which the order is listed again and which the visitor can print out. The automatic confirmation of receipt documents the receipt of the reservation by Kaufmann Entertainment FlexKapG and does not constitute acceptance of the application. The purchase contract is only concluded when Kaufmann Entertainment FlexKapG provides the booked service at the booked time.
d. If Kaufmann Entertainment FlexKapG allows payment in advance, the contract is concluded with the provision of bank details and payment request. If payment is not received by a due date, even after a reminder, within 14 calendar days after sending the order confirmation, Kaufmann Entertainment FlexKapG will withdraw from the completed contract.
f. Special cancellation terms: The visitor can – regardless of the legally regulated cancellation provisions (see general right of withdrawal below point 7.) – cancel in writing without giving reasons up to 48 hours before the booked date to Kaufmann Entertainment FlexKapG, Herrgottwiesgasse 125, 8020 Graz, or via email to info@smashbox-wutraum.at, return already paid participation tickets, and receive a full refund of the purchase price. After that, a return or exchange of paid participation tickets is no longer possible. Bookings that involve later payment on site (e.g., cash payment, card payment at the cash register) can also be canceled in writing up to 48 hours before the booked date to Kaufmann Entertainment FlexKapG, Herrgottwiesgasse 125, 8020 Graz or via email to info@smashbox-wutraum.at without giving reasons, without creating a payment obligation for the visitor. If the cancellation is not made in time or the visitor does not appear at the booked date, the full purchase price is due immediately without deduction.
To exercise the cancellation, the visitor must inform us with a clear statement that they wish to revoke the contract: either by email to info@smashbox-wutraum.at or by a letter sent by post to our address Herrgottwiesgasse 125, 8020 Graz. No replacement will be provided for participation tickets not used or only partially used (e.g., due to being late) or for any lost participation tickets.
g. All offers and prices include the statutory sales tax/VAT. The price at the time of receipt of the order is decisive. Errors are reserved. In the case of price-regulated items, the prescribed selling price always applies.
By purchasing a package, you receive the equipment, admission to the action room, and training. We point out that the further business conditions apply for online trading.
4. Payment Terms
a. The visitor can choose from the available payment methods during and before completing the ordering process and will be informed about the available payment options on a separate information page: ………… b. If payment by invoice is possible, payment must be made within 7 days after receipt of the invoice. For all other payment methods, payment must be made in advance without any deductions.
c. If third-party providers are entrusted with payment processing (e.g., PayPal, credit card providers), their General Terms and Conditions apply.
5. Voucher/Discounts
a. Only one voucher can be used for the Pro Team and participation. The vouchers cannot be combined.
b. When booking participation through a third-party provider, no vouchers can be used.
c. A cash redemption of the vouchers is not possible.
6. Use of Visitors' Photos on Facebook/Instagram/TikTok – Consents
a. In order to better present the services of Kaufmann Entertainment FlexKapG and to increase their reach and awareness, Kaufmann Entertainment FlexKapG regularly publishes photos of the visitors on the associated Facebook/Instagram/TikTok account. Each visitor is explicitly asked for consent to this use and corresponding processing after the event concludes, and can of course refuse. In this case, the visitor receives the taken photo for private use only, and the image data will be deleted immediately after sending or handing it over to the visitor.
b. The consents of the visitor regarding the aforementioned use pertain to the right to their own image as well as the data protection-related processing of the associated image data for this purpose. The visitor will be informed of this by our appropriately trained staff, and can feel free to contact them if they have further questions.
7. Right of Withdrawal / Withdrawal Instruction for Consumers
a. Right of Withdrawal for Consumers:
A consumer is any person who enters into a legal transaction that does not belong to the operation of their business.
b. Exclusion from the Right of Withdrawal:
A visitor who is a consumer generally has the right to withdraw from this contract within 14 days without stating any reasons. There is no right of withdrawal in the following cases:
• When purchasing participation tickets for a specific event, there is generally no right of withdrawal. Thus, services provided in connection with leisure activities are excluded from the right of withdrawal according to § 18 Abs 1 Z 10 FAGG, as long as a specific time or period for contractual fulfilment by the entrepreneur is contractually provided. Therefore, the consumer has no right to withdraw from the mediated purchase contract for the participation tickets.
• When purchasing vouchers, the visitor has the right to withdraw from the contract within 14 days of contract conclusion without stating any reasons, provided the right of withdrawal does not expire beforehand. The visitor has no right of withdrawal if they redeem the voucher within the withdrawal period and in return receive a participation ticket for a specific date or if Kaufmann Entertainment FlexKapG – based on an express request by the consumer for early fulfilment of the service and a confirmation of their awareness of the loss of the right of withdrawal upon full contractual fulfilment – has provided their service in full before the expiration of the withdrawal period.
c. General Conditions of the Right of Withdrawal:
If the visitor has a right of withdrawal, the following provisions apply:
• If the visitor is a consumer, they have the right to withdraw from this contract within 14 days from the day of contract conclusion without stating any reasons if the right of withdrawal is not excluded according to point 7. b. To exercise the right of withdrawal, the visitor must inform us of their decision to withdraw from the contract by letter or email (Kaufmann Entertainment FlexKapG, Herrgottwiesgasse 125, 8020 Graz, Austria, Email info@smashbox-wutraum.at). For this purpose, the visitor may use the sample withdrawal form below, which, however, is not mandatory. The withdrawal period is observed if the visitor sends the notification of exercising the right of withdrawal within the 14-day withdrawal period.
• If the visitor withdraws from the contract, we will refund all payments received within 14 days after receipt of the withdrawal.
• Consumers can use the withdrawal form below (sample).
To Kaufmann Entertainment FlexKapG, Herrgottwiesgasse 125, 8020 Graz, Austria or by email to: info@smashbox-wutraum.at: I hereby withdraw from the contract concluded by me for the provision of the following service(s):
Ordered on: _ _ _ _ _ _ _ _ _ _ _ _ _ / Booking confirmed on: _ _ _ _ _ _ _ _ _ _ _ _ Name of the consumer: _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Address of the consumer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature of the consumer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (only necessary if sent on paper)
Date _ _ _ _ _ _ _ _ _ _
8. Liability
a. The rooms of Kaufmann Entertainment FlexKapG are used at one's own risk and responsibility. The visitor is obliged to pay attention to their safety by observing the warning signs and following the instructions of the game supervisors.
b. Kaufmann Entertainment FlexKapG accepts no liability for damages incurred on the premises, unless they arise from disregarding applicable safety notices and regulations. Complaints must be made to the game supervisors before leaving the premises. Any subsequent claims are excluded.
c. The liability of Kaufmann Entertainment FlexKapG for damages is subject to the following exclusions and limitations, regardless of any other statutory prerequisites for claims:
• Kaufmann Entertainment FlexKapG is liable without limitation if the cause of damage is based on intent or gross negligence.
• Kaufmann Entertainment FlexKapG is not liable for slight negligent violations of essential obligations, the violation of which endangers the achievement of the contract's purpose, or for the violation of obligations whose fulfillment is necessary for the proper execution of the contract and on which the visitor regularly relies. In this case, Kaufmann Entertainment FlexKapG is only liable for foreseeable, typical contractual damages. Kaufmann Entertainment FlexKapG is not liable for slight negligent violations of other obligations than those stated above.
• The above limitations of liability do not apply in cases of injury to life, body, and health.
• Insofar as the liability of Kaufmann Entertainment FlexKapG is excluded or limited, this also applies to the personal liability of employees, representatives, and fulfillment aids.
9. Hazard statements
a. The rooms of Kaufmann Entertainment FlexKapG are used at one's own risk and responsibility. The visitor is obliged to pay attention to their safety by observing the warning signs and following the instructions of the game leaders.
b. Kaufmann Entertainment FlexKapG accepts no liability for damages incurred in the business premises unless they arise due to disregard of the applicable safety instructions and regulations. Complaints must be made to the game leaders before leaving the business premises. A subsequent claim is excluded.
c. Regarding the liability of Kaufmann Entertainment FlexKapG for damages, the following exclusions and limitations of liability apply regardless of other statutory prerequisites for claims:
• Kaufmann Entertainment FlexKapG is fully liable to the extent that the cause of damage is based on intent or gross negligence.
• Kaufmann Entertainment FlexKapG is not liable for slightly negligent breaches of essential obligations whose violation endangers the achievement of the purpose of the contract, or for breaches of obligations whose fulfillment only enables the proper execution of the contract and on whose adherence the visitor regularly relies. In this case, Kaufmann Entertainment FlexKapG is liable only for the foreseeable and typical contractual damage. Kaufmann Entertainment FlexKapG is not liable for slightly negligent breaches of other than the aforementioned obligations.
• The above liability restrictions do not apply in cases of injury to life, body, and health.
• To the extent that the liability of Kaufmann Entertainment FlexKapG is excluded or limited, this also applies to the personal liability of employees, representatives, and fulfillment aids.
10. Final provisions
a. The place of jurisdiction is the registered office of Kaufmann Entertainment FlexKapG, provided that the visitor is an entrepreneur, a legal entity under public law, or a special fund under public law.
b. Only Austrian law applies. The contract language is German. c. Should any provisions of these AGB be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, a provision shall apply that corresponds in good faith to the purpose of these AGB.
d. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. Kaufmann Entertainment FlexKapG is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
e. The house rules and the game rules must be observed!