General Terms and Conditions (GTC)
Status: April 2025
§ 1 Scope of application
(1) The following terms and conditions apply to all contracts concluded between you (hereinafter ‘customer’) and us (o2air® e.U., represented by Mr Martin R. Heinz, UID: ATU67442029). Conflicting conditions of the customer are not recognised.
§ 2 Conclusion of the contract
(1) Our offers are subject to change and non-binding. A contract is only concluded upon our written order confirmation.
(2) All products and services presented on our website www.o2air.eu are non-binding invitations to the customer to submit an offer.
(3) Changes to the order require our written consent.
§ 3 Prices and payment
(1) Our prices are net prices plus the applicable statutory VAT and shipping costs, unless expressly stated otherwise.
(2) Payments are due within 14 days of receipt of invoice without deduction, unless otherwise agreed.
(3) The goods shall remain our property until full payment has been made (retention of title).
§ 4 Delivery and force majeure
(1) Delivery dates and deadlines are non-binding unless expressly agreed in writing.
(2) Events of force majeure (e.g. natural disasters, strikes, epidemics/pandemics, official measures) authorise us to postpone delivery appropriately or to withdraw from the contract. Claims of the customer for damages are excluded.
§ 5 Exclusion of liability
(1) We accept no liability for damage caused by improper operation, unauthorised modifications, non-compliance with the operating instructions, improper assembly or maintenance.
§ 6 Warranty and notification of defects
(1) Obvious defects must be reported in writing immediately, at the latest within 7 days of delivery. Otherwise the warranty claim shall lapse.
(2) In the event of justified notification of defects, we shall provide warranty by repair or replacement delivery. Further claims are excluded, insofar as legally permissible.
§ 7 Services and events
(1) Booked events, training courses or coaching sessions shall be carried out on the individually agreed dates.
(2) In the event of cancellation by us for good cause (e.g. illness), the event will be rescheduled. If the customer cancels less than 24 hours before the event, the full price is due.
(3) Venues may be relocated for organisational reasons, provided this is reasonable for the customer.
§ 8 Hire of equipment
(1) The customer shall receive the rented equipment in proper condition. This shall be confirmed in the handover protocol.
(2) The device may only be operated in accordance with the operating instructions. The customer is liable for all damage caused by improper use.
(3) The rental period begins and ends in accordance with the contractual agreement. Any overruns will be charged additionally.
(4) The customer undertakes to insure the device adequately against theft, fire, water damage and vandalism and to report any damage to us immediately.
(5) In the case of rental equipment, the customer shall pay a deposit in the agreed amount before handover. This will be refunded immediately after the equipment has been returned free of defects.
§ 9 Data protection
(1) Personal data shall be used exclusively for the fulfilment of the contract. Disclosure to third parties shall only take place with the express consent of the customer or if absolutely necessary for the fulfilment of the contract.
(2) Detailed regulations can be found in our privacy policy on our website.
§ 10 Place of jurisdiction and place of fulfilment
(1) The place of jurisdiction and place of fulfilment for all disputes is the competent court in 3100 St. Pölten, Austria.
§ 11 Severability clause
(1) Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.
II Right of cancellation for consumers (under Austrian law)
(1) Consumers may withdraw from distance contracts within 14 days without giving reasons.
(2) The period begins on the day on which the consumer or a named third party receives the goods.
(3) The cancellation must be made in writing by letter or e-mail to o2air® e.U.
(4) Timely dispatch of the cancellation notice is sufficient to meet the deadline.
(5) In the event of an effective cancellation, we will refund the payment within 14 days. The return costs shall be borne by the customer.
(6) The right of cancellation does not apply to goods that have been specially manufactured at the customer’s request or to sealed goods whose seal has been removed.
III. insurance obligation for rented equipment
The customer undertakes to take out appropriate insurance for rented equipment to cover the following risks: theft, fire, water damage, vandalism and damage caused by improper use. Proof of insurance must be presented on request.
Contact information:
o2air® e.U.
Martin R. Heinz
Phone: +43 660 7366788
E-mail: office@o2air.eu
Place of jurisdiction: 3100 St. Pölten, Austria