Terms & Conditions

1. Duration
- A standard Vienna Picnics Event lasts 2 hours. Additional time can be booked, but the picnic must not be left unattended at any time.
- A 15-minute grace period is allowed for late arrivals, which will be added to the booked event time. Any further delay will not extend the event duration.
- Clients may leave earlier, but a 25-minute notification is required before departure. The picnic equipment must not be left unattended until a Maggy Müller Picnics e.U. staff member arrives.

Security of Equipment and Early Departure:
Should the Client or any of the Client’s Guests leave the picnic equipment unattended in violation of these Terms, Maggy Müller Picnics e.U. reserves the right to terminate the Event immediately without any refund. Furthermore, the Client remains fully liable for any damage or loss to the equipment resulting from such unattended use.

2. Additional Guests
- The client may only bring the agreed number of guests. Additional guests will incur extra charges.

3. Responsibility for Damages
- All equipment is property of Maggy Müller Picnics e.U. The client is responsible for any damages, loss, or theft of the equipment.
- Damage includes but is not limited to:
- Mishandling and improper use
- Disappearance
- Unknown causes
- Spilling of staining products like red wine
- Water damage
- Cigarette burns (SMOKING IS NOT PERMITTED AT OR NEAR THE PICNIC)
- Only battery-powered candles are allowed. No other flammable items are permitted.

Security Deposit (Optional):
Maggy Müller Picnics e.U. reserves the right to request a reasonable security deposit prior to the Event. This deposit may be used to cover repair or replacement costs for any damage or loss. The remaining balance, if any, will be refunded to the Client after the Event, once all equipment has been inspected and cleared for damage.

Liability for Negligence or Intent:
In the case of consumer transactions, the Client is liable only for damage caused by the Client’s or their Guests’ negligent or intentional actions. Liability for accidental or unforeseeable damages without fault may be limited by applicable consumer protection laws and cannot be fully excluded by these Terms.

4. Code of Conduct
- The client and their guests must behave appropriately throughout the event.
- Offensive, obscene, vulgar, or illegal activities are prohibited.

Right to Exclude or Remove Guests
Maggy Müller Picnics e.U. reserves the right, at its sole discretion, to end the Event without refund or compensation if the Client or any Guest engages in disorderly, dangerous, or offensive behavior that jeopardizes the safety or enjoyment of others. This includes, but is not limited to, property damage, harassment, illegal conduct, or non-compliance with local regulations.

5. Alcohol Consumption
- Maggy Müller Picnics e.U. shall not be held liable for any fines, penalties, or consequences arising from the unlawful consumption of alcohol.

Compliance with Local Alcohol Laws:
The Client is solely responsible for ensuring that no underage individual consumes alcohol at the Event and that local regulations are observed. If alcohol consumption is prohibited or restricted in the chosen venue (e.g., certain parks), the Client must adhere strictly to such restrictions. 

6. Food & Allergies
- Maggy Müller Picnics e.U. is not responsible for food and drink ingredients, which are provided by catering partners. The catering partners are responsible for allergen identification and compliance with HACCP regulations.

7. Photography
- Maggy Müller Picnics e.U. reserves the right to photograph events for promotional purposes. By booking, the client consents to the use of these photographs. Permission will be sought before photographing clients, guests, or identifying materials.
- Clients are encouraged to share their photos, which Maggy Müller Picnics e.U. may use for promotion.

Withdrawal of Consent:
In accordance with applicable data protection laws, individuals who have consented to being photographed for promotional purposes can withdraw their consent at any time. Upon receiving such a request, Maggy Müller Picnics e.U. will refrain from using those specific images in any future marketing materials, wherever it is technically and commercially feasible to do so.

8. Waiver & Release of Liability
- Maggy Müller Picnics e.U. is not liable for any injury, illness, death, damage, loss of private equipment, or income loss. The client assumes all risks associated with the event, including travel.
- The client agrees to indemnify Maggy Müller Picnics e.U. against any claims, including legal fees, arising from the event.

Exclusions Under Austrian Law:
Notwithstanding the above, Maggy Müller Picnics e.U. does not exclude or limit its liability for (i) death or personal injury caused by its own gross negligence or willful misconduct; (ii) any other liability that cannot be excluded under applicable law. In consumer transactions, liability for slight negligence may be excluded only to the extent permitted by law.

9. Cancellation Policy and Refunds
- Full payment is required 2 weeks before the event to confirm the booking.
- Cancellation Policy:
- Up to 14 days before the event: 100% refund
- 5-14 days before the event: 50% refund
- Less than 5 days: No refund
- Bad weather options:
- Option 1: Move to an indoor location (e.g., Vienna Picnics Studio 18th District, home, Airbnb, hotel room)
- Option 2: Reschedule to a future available date (non-refundable expenses apply)
- Option 3: Receive a gift voucher valid for 12 months (non-refundable expenses apply)

Consumer’s Right of Withdrawal (if applicable):
If the Client is a consumer and the booking is made online or outside of business premises, the Client may have a statutory right of withdrawal under Austrian law, except for contracts relating to leisure activities with a specific date or period of performance (§ 18 Abs. 1 Z 10 FAGG). In cases where the right of withdrawal does not apply, the cancellation terms in these Terms and Conditions shall govern.

Non-Refundable Expenses:
Any non-refundable expenses already incurred by Maggy Müller Picnics e.U. (such as perishable catering items, venue fees, or special decorations) will be deducted from any refunded amount. Upon request, the Client will receive an itemized list of all such non-refundable costs.

10. Payment Methods
- Preferred method: Direct bank transfer
- Alternative method: PayPal

11. Intellectual Property
- All graphics, logos, company names, and trademarks of Maggy Müller Picnics e.U. are protected by intellectual property laws.
- When images owned by Maggy Müller Picnics e.U. are shared on social media platforms, including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked to Maggy Müller Picnics e.U. / Vienna Picnics. If content is used without any backlinks or Vienna Picnics being mentioned, a licence fee of 500€ will be charged.

12. Acceptance of Terms
By commissioning Maggy Müller Picnics e.U in writing, the client automatically agrees to these Terms and Conditions, unless otherwise specified in additional written agreements.

Confirmation of Awareness:
The Client acknowledges that these Terms and Conditions were presented prior to any binding agreement and that the Client had an opportunity to review and accept them. If the Client is a consumer, mandatory statutory consumer protection laws shall prevail where they conflict with these Terms.

13. Jurisdiction and Applicable Law
The place of jurisdiction is the location of Maggy Müller Picnics e.U in Vienna. The contract and all mutual rights and obligations, as well as claims between Maggy Müller Picnics e.U and the client, are subject to Austrian substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

Consumer Contracts:
For transactions with consumers, any mandatory statutory provisions regarding the place of jurisdiction and applicable law remain unaffected. In the event of conflict between the choice of venue in these Terms and mandatory consumer protection law, the mandatory provisions shall prevail.

14. Contract Duration
These Terms and Conditions are valid from the time the client commissions the service and expire automatically upon the fulfillment of the order or the end of the event according to the most recent offer. If the client and Maggy Müller Picnics e.U wish to extend their cooperation, a new agreement (e.g., in the form of a new offer) must be concluded.

Severability:
Should any provision of these Terms and Conditions be found invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be deemed replaced by a valid provision that most closely reflects the economic intent of the original provision.

15. Third-Party Services / Engagement of Third Parties
15.1 Maggy Müller Picnics e.U reserves the right to execute the service itself, to use knowledgeable third parties as vicarious agents for contractual services, and/or to substitute such services (“third-party services”) at its discretion.
15.2 The engagement of third parties for third-party services may be conducted in Maggy Müller Picnics e.U's own name or in the client's name, the latter requiring prior notification to the client. Maggy Müller Picnics e.U will carefully select these third parties and ensure they possess the necessary professional qualifications.

No Liability for Third-Party Services:
Maggy Müller Picnics e.U. shall not be liable for the performance or non-performance of independent third-party service providers, except where Maggy Müller Picnics e.U. has failed to exercise reasonable care in selecting or instructing such providers.

16. Offer Validity
Offers are valid for five business days and require contact with Maggy Müller Picnics e.U. Maggy Müller Picnics e.U reserves the right to withdraw the offer. In the event of multiple inquiries for the same date, the first payment received will be honored.

17. Extensions
For bookings, the rate is €100 per hour, billed in 30-minute increments. For spontaneous extensions (minimum one hour notice required), the rate is €150 per hour.

18. Additional Charges for Larger Events
For events exceeding 10 persons, the following additional charges apply:
- 2-10 persons: No additional charge
- 10-14 persons: €200
- 15-19 persons: €250
- 20+ persons: Minimum €300 plus any applicable fees for rental vehicles or additional staff as per extra agreement.

19. Included Consultation Time
Each event includes one hour of consultation. Any additional consultation time will be billed at €50 per commenced 30 minutes.

20. Scope of Services, Order Execution, and Client's Duties

20.1 The scope of services to be provided is derived from the service description in the offer or any possible order confirmation by Maggy Müller Picnics e.U, as well as the invoice. Subsequent changes to the service content require written confirmation by Maggy Müller Picnics e.U. Within the client's specified framework, Maggy Müller Picnics e.U retains creative freedom in fulfilling the order.

20.2 The client will timely and fully provide Maggy Müller Picnics e.U with all information necessary for the provision of the service. The client will inform Maggy Müller Picnics e.U of all circumstances relevant to the execution of the order, even if they become known during the execution. The client bears the cost of any work that needs to be repeated or is delayed due to incorrect, incomplete, or subsequently changed information provided by the client.

These terms are effective as of 1.1.2024.
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