GENERAL TERMS AND CONDITIONS
BEAMEREI | Albertgasse 19 | 1080 Vienna
1) BEAMEREI offers services in the area of rental of movable property.
2) The services offered by BEAMEREI are exclusively subject to the following General Terms and Conditions as well as the respective provisions of the contracts individually concluded by BEAMEREI, whereby provisions in the individually concluded contracts take precedence.
3) BEAMEREI does not accept any terms and conditions of the customer which are contrary to or deviate from the above mentioned terms and conditions, unless BeamerWien has expressly agreed to their validity in writing. Changes and amendments to any contract concluded by BeamerWien must be made in writing. This also applies to any agreed departure from the written form.
4) Promises and additional agreements must be confirmed in writing by BEAMEREI.
II. conclusion of contract
The offers of BEAMEREI are only valid on the day booked in the order form. If the service is not used, it expires.
III. scope of services, change of services, dates
1) The scope of services is specified in detail in the offer or contract.
2) BEAMEREI is not responsible for delays in performance due to force majeure and circumstances within the customer's area of responsibility. BEAMEREI is entitled to postpone the provision of the affected service for the duration of the hindrance plus a reasonable start-up time.
3) BEAMEREI will include projects or customer names of legal entities in the reference list of BEAMEREI, unless this is contrary to legal regulations.
IV. Remuneration, terms of payment
1) All contractually agreed remuneration is in Euro plus the current statutory value added tax, unless otherwise stated.
For cancellations of bookings: If the customer cannot keep an agreed appointment, it must be cancelled at least 48 hours in advance. Otherwise BEAMEREI will charge the full price.
VI. warranty, liability
1) BEAMEREI does not provide any warranty, unless otherwise provided for by mandatory law or explicit provisions in these general terms and conditions or in the individually concluded contracts.
2) BEAMEREI is only liable for damages in cases of gross negligence and intent. The liability for gross negligence is limited to the liability insurance sum available for the concrete case of damage, unless mandatory legal regulations contradict this limitation. Liability for slight negligence is excluded.
3) BEAMEREI is not liable for consequential damages, as far as this limitation of liability does not conflict with mandatory legal regulations.
4) BEAMEREI does not accept liability for personal belongings of customers or participants or for the personal behaviour or misconduct of customers or participants among themselves.
5) BEAMEREI is only liable for third parties who are neither employees nor partners of BEAMEREI and who have been commissioned with partial services with the knowledge of the customer, if they are responsible for the selection.
6) BEAMEREI is only liable towards the customer, not towards third parties. The customer is obliged to explicitly inform third parties, who come into contact with the services of BEAMEREI due to the customer's actions, of this fact.
7) No liability claims can be made against BEAMEREI from the application of the acquired knowledge.
VII. withdrawal from the contract / revocation
1) The customer may withdraw from the contract in writing after setting a reasonable grace period, in the event that BEAMEREI is in default due to gross negligence and the reasonable grace period has expired without success.
2) Irrespective of any other rights, BEAMEREI is entitled to withdraw from the contract without any further grace period,
a) if the performance of the service or the start or continuation of the order is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a reasonable grace period
b) if doubts about the customer's ability to pay have arisen and the customer neither makes advance payment nor provides suitable security at BEAMEREI's request,
c) if insolvency proceedings are opened over the customer's assets or an order for the opening of insolvency proceedings is rejected due to insufficient assets.
3) Withdrawal may also be declared with regard to a part of the order still outstanding for the above reasons.
4) Notwithstanding BeamerWien's claims for damages including pre-litigation costs, in the event of withdrawal, any services or partial services already rendered shall be invoiced and paid for in accordance with the contract. This shall also apply to preparatory actions performed by BEAMEREI.
5) Other consequences of withdrawal are excluded.
VIII Choice of law and place of jurisdiction
1) The customer is not entitled to assign his claims from the contract.
2) Unless otherwise agreed, the law of the Republic of Austria shall apply materially, excluding the rules of further reference.
3) For legal disputes arising out of or in connection with the contractual relationship regulated by the general terms and conditions, including disputes about its validity, the exclusive jurisdiction of the court with jurisdiction over the subject matter at the Austrian headquarters of BEAMEREI is agreed upon, as far as this is not opposed to mandatory law.
4) BEAMEREI is, however, entitled to bring claims against the customer at any other court in Austria or abroad in whose district the customer has its registered office, residence, branch office or assets.
5) For customers who are consumers within the meaning of the Consumer Protection Act, the jurisdiction regulations of § 14 of the Consumer Protection Act apply.
IX. General Provisions
1) Declarations to be made in accordance with these general terms and conditions of business can - unless otherwise specified in individual contracts - also be made by e-mail. BEAMEREI is entitled to handle e-mail traffic with the customer in non-encrypted form, unless the customer gives written instructions to the contrary. The customer declares to be informed about the risks involved (especially access, secrecy, change of messages in the course of transmission) and, knowing the risks, to agree that e-mail traffic is not carried out in encrypted form.
2) Should one or more provisions of these General Terms and Conditions of Business be or become legally ineffective, violate mandatory law, or should these General Terms and Conditions of Business contain a loophole, the parties to the contract shall replace or supplement the ineffective, contestable or incomplete provision with appropriate provisions that correspond as closely as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.