General terms and conditions of business
- General – Scope, definitions and written agreements regarding amendments
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 of conclusion of the contract shall apply. New versions of the General Terms and Conditions will be published on the website. froscharff.at published.
1.2 Deviating regulations are only valid if they have been agreed in writing between FROSCHARFF KG and the customer.
2. Prices & Travel Costs
2.1. The prices quoted between FROSCHARFF KG and the customer are net prices. The customer is responsible for paying any applicable taxes and duties in addition to the net price.
2.2. Travel expenses and costs outside of Vienna are not included in the agreed net prices. FROSCHARFF KG and the customer will agree on separate invoicing for travel expenses and costs. These expenses are due upon receipt of the invoice.
3. Payment and cancellation terms, delays & alternative dates and trainers
3.1. The prices for the provision of the services commissioned by the customer are due 7 days after receipt of the invoice, but in any case before the service is provided by FROSCHARFF KG.
3.2. Should the customer withdraw from the contract before the agreed delivery date, a cancellation fee of 50% is payable to FROSCHARFF KG.
3.3. FROSCHARFF KG will only provide a service on the agreed date if payment has been received in the company account no later than one day before the scheduled service date. If no payment has been received by this date and no alternative date has been agreed upon within four weeks of the originally scheduled service date, FROSCHARFF KG reserves the right to immediately invoice the customer for 50% of the originally agreed fee, plus statutory taxes and duties, as well as a processing fee of €75. This amount will be credited to the customer upon rescheduling (see section 2 of the General Terms and Conditions).
3.4. The agreement of alternative dates for the provision of services shall be made in writing by FROSCHARFF KG and the customer, whereby it should be noted that the alternative date must be set within a maximum of 3 months from the originally agreed date of provision.
3.5. In the event of the unavailability of a trainer or coach scheduled to perform the service, FROSCHARFF KG will inform the client immediately and commission a suitable replacement trainer to provide the service. If no replacement trainer is available for the scheduled date, FROSCHARFF KG reserves the right to arrange an alternative date with the client within four weeks.
3.6. In the event of cancellation of the order by the customer before the agreed completion/performance or delivery, a cancellation fee of 50% of the remaining hours will be charged.
4.1. The customer agrees that the personal data disclosed in the service agreement will be stored and processed in accordance with the provisions of the Data Protection Act. This data will be treated with strict confidentiality and used only to the extent necessary for compliance with legal requirements, for processing payments, and for preparation related to the agreed service.
4.2. FROSCHARFF KG will treat all information concerning the customer's business affairs and internal company matters that comes to its attention during the execution of the training as completely confidential. It will impose this confidentiality obligation on the trainers who conduct the training.
5. Place of jurisdiction
5.1. The court with subject-matter jurisdiction for 1010 Vienna shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. For 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, excluding its conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
6. Validity of the General Terms and Conditions
6.1. By placing an order with FROSCHARFF KG, the customer acknowledges these General Terms and Conditions. Should any provision of these General Terms and Conditions be invalid for any reason whatsoever, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation to be valid.
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