Terms of service

Terms and Conditions & GDPR

GCT4U GmbH Terms and Conditions

1.Scope of Application:

GCT4U GmbH (hereinafter referred to as "GCT4U GmbH") operates the GCT4U GmbH children's play area at Breitenleerstraße 77, 1220 Vienna. These Terms and Conditions (hereinafter referred to as "T&Cs") apply to all business relationships between GCT4U GmbH and consumers or entrepreneurs, including those conducted remotely and those involving the use or entry into the facilities, as well as between GCT4U GmbH and its visitors, including contractors and subcontractors. These T&Cs are binding in their current version at the time of the contract conclusion, regardless of whether the use is for a fee or free of charge. These T&Cs are posted at the entrance of the hall and/or can be accessed on the website goodcooling.at. By entering the premises of GCT4U GmbH, the visitor/contractor explicitly agrees to the Terms and Conditions and the play rules of GCT4U GmbH, confirming that they have read and understood them. Other terms and conditions are explicitly excluded. The facilities of GCT4U GmbH include all structures and installations at the Breitenleerstraße 77, 1220 Vienna location, including the indoor play area with equipment, the restaurant area, the outdoor play area, and the parking lot, with the list being exemplary.

Terms differing from or contrary to these T&Cs by the contracting parties will not be recognized unless GCT4U GmbH has expressly agreed to their validity in writing. Acts of performance by GCT4U GmbH do not constitute agreement to terms differing from these conditions. The T&Cs apply to all additional and follow-up orders, as well as further transactions between GCT4U GmbH and the customer.

Contract Conclusion:
2.1. Contract Conclusion in Distance Selling:
Business relationships in distance selling are those that are concluded exclusively using one or more appropriate means of remote communication. Remote communication methods include, among others, the internet and email.

2.1.1. For a contract conclusion in distance selling, it is necessary to reserve with truthful information such as first name, last name, email address, and postal code to office@goodcooling.at. All information is available on the website https://goodcooling.at of GCT4U GmbH Event & Marketing GmbH, Breitenleerstraße 77, 1220 Vienna, Austria, company registration number: 202313w, Commercial Court Vienna. Phone: +43 (0)1 / 236 70 70.

2.1.2. The customer is obliged to treat their booking data confidentially and protect it from unauthorized access by third parties.

2.1.3. The presentation of the product range on https://goodcooling.at/ is not a legally binding offer, but an unverbindlicher online catalog. All offers are non-binding until GCT4U GmbH accepts the offer to conclude a contract. Technical and other changes remain within reasonable limits. Descriptions of the facilities, color representations, etc., are approximate.

2.1.4. Acceptance of the reservation by GCT4U GmbH occurs through a further email. With this email confirmation, the contract is concluded. This confirmation entitles the customer to receive the booked ticket(s) for the reserved time and contains the information regarding cancellation and refund rights.

2.1.5. GCT4U GmbH is free to refuse reservation requests. The decision on this is at the sole discretion of GCT4U GmbH. If GCT4U GmbH rejects a reservation, the customer will be notified accordingly.

2.2. Contract Conclusion on Site:

2.2.1. Contract conclusion on-site occurs directly at the cashier area, incorporating these T&Cs.

2.2.2. The maximum number of customers in the facilities is limited. If the facilities are fully booked through online reservations, GCT4U GmbH may refuse to conclude the contract on-site.

Prices, Payment Terms, Late Payment Interest, and Collection Fees:
3.1. The prices listed on https://goodcooling.at/ and displayed at the cashier area include the applicable statutory VAT in euros. GCT4U GmbH reserves the right to adjust prices until the actual visit, particularly due to increases in energy prices and other operating costs if more than a month has passed between the exchange of services.

3.2. Payment can be made in cash, by Maestro, VISA Card, or MasterCard. Payments are due upon the conclusion of the contract.

3.3. Even in the case of unintentional delay in payment by the contract partner, GCT4U GmbH is entitled to charge interest on overdue payments at a rate of 8% p.a. above the base rate for business transactions between companies, and 4% p.a. for consumer transactions.

3.4. The contract partner agrees to reimburse GCT4U GmbH for any collection fees incurred due to late payment, including costs for an assigned collection agency or lawyer, as well as €20 for each reminder if handled by GCT4U GmbH itself. Any further damages resulting from non-payment are to be compensated, depending on the cause of the delay.

3.5. Vouchers or promotional offers cannot be redeemed for cash. Payments made via cash, credit, or debit card cannot be refunded in cash. A value voucher will be issued, which can be redeemed during the next visit.

3.6. The change and invoices must be checked immediately; later complaints cannot be considered.

3.7. For birthday parties, which must be booked at least one month in advance, the cancellation period is 10 days before the reserved date. If this period is adhered to, it is possible to book an alternative date within 6 months. If this is not desired, a refund of the deposit will be made within 14 days after receiving the cancellation notice, with bank details provided. In the case of cash payments, the same applies for a refund at the reception.

Use of the Facilities:
4.1. Obligations of Customers:
4.1.1. Customers are required to purchase an entry ticket for each visit to the facilities. If a customer purchases tickets for multiple visitors or reserves products from GCT4U GmbH, they are obliged to inform the individual visitors of these T&Cs.

4.1.2. Customers agree to undergo an orientation before using the facilities and to observe the posted signs, safety rules, and house rules. They further commit to being considerate of others and not to obstruct or endanger anyone.

4.1.3. Customers are obliged to immediately report any damage to the facilities, regardless of who caused it.

Liability of GCT4U GmbH:
Liability from GCT4U GmbH is excluded as far as legally permissible. The use of the facilities must adhere to the usage regulations, such as the play rules and house rules. GCT4U GmbH assumes no supervision responsibilities for visitors. GCT4U GmbH is not liable for injuries or damages caused to children or other visitors to the children's play area due to non-compliance with instructions or improper use. Visitors are personally liable for damages, or parents/legal guardians are liable for children. GCT4U GmbH is also not liable for injuries children cause to each other, for the loss of personal items, or for damages caused by intentional or negligent behavior of other visitors. Liability for personal injury or other damages due to slight negligence is also excluded.

These provisions apply during a birthday party as well. Users or supervisors of the children's playground are expected to immediately report any violations by third parties or identified defects in the play equipment to GCT4U GmbH employees or the management at the reception.

For consumers, the exclusion of liability for slight negligence does not apply to personal injury. GCT4U GmbH is liable for damages caused by defective facilities only in the case of intent or gross negligence.

Data Protection, Photos, and Videos:
The separate privacy policy of GCT4U GmbH Event & Marketing GmbH published on-site and on the website applies, along with the general terms for the digital customer loyalty program of GCT4U GmbH Event & Marketing GmbH if the customer wishes to use the app.

It is customary, especially during events, birthday parties, or other occasions, to take photographs. As a result, it may occur that visitors, especially children, are featured in our photos. These photos are used exclusively for promotional purposes (e.g., website, Facebook, Instagram, and promotional brochures) by GCT4U GmbH and are not commercially marketed or sold.

By purchasing an entry ticket, the customer agrees to allow GCT4U GmbH employees or third parties commissioned by GCT4U GmbH to take photos and videos where the customer may be recognizable. These may be published free of charge for the promotion of the facilities on the website, Instagram, and Facebook, without identifying the individuals shown. However, customers who find themselves or their children in these photos can request the deletion of the material at any time by contacting office@goodcooling.at, and GCT4U GmbH will promptly comply with the request.

Customers retain their right to their image, particularly if other visitors do not observe it. In such cases, please immediately contact the staff of GCT4U GmbH.

GCT4U GmbH operates a video surveillance system to protect the visitors, employees, and the facilities against theft, personal attacks, misconduct, accidents, vandalism, and for evidence purposes. The surveillance is carried out in compliance with data protection law, and recordings are only viewed in necessary cases to identify perpetrators or for legal documentation, stored for a limited period. Private spaces, such as changing rooms, showers, and toilets, are excluded from video surveillance. The recordings are stored for a maximum of 72 hours and then deleted. In exceptional cases, recordings can be stored beyond 72 hours for evidence purposes. By purchasing an entry ticket, the customer agrees to this measure. The consent to video surveillance is a prerequisite for entry and use of the facility.

Here is the English translation for the remaining portion of the terms:

Lost and Found Items:

7.1. Ownerless Items:

Ownerless items, or abandoned property, are those that are presumed to have been abandoned by the original owner with the intent to relinquish ownership. These may include used clothes, sneakers, sports jerseys, umbrellas, water bottles, backpacks, bags of all kinds, and other items of minor value. These are disposed of promptly and not stored.

7.2. Found Items:

Found items of significant value, i.e., those worth more than EUR 40.00 or those that are evidently of significant importance to the owner (e.g., documents, keys, jewelry), are to be handed over to the appropriate authorities. If the found item is not claimed by the rightful owner within a year, the ownership rights of the item transfer to GCT4U GmbH.

Other Contract Provisions:

8.1. Language of the Contract and Place of Performance:

The contractual, ordering, and business language is German. The place of performance for all services under the contract is the registered office of GCT4U GmbH.

8.2. Requirement of Written Form:

Oral agreements are not valid under this contract. All agreements, subsequent amendments, additions, side agreements, etc., must be made in writing to be valid. This applies also to any agreement to waive the written form requirement.

8.3. Applicable Law:

The parties agree that, unless mandatory legal provisions dictate otherwise, Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international referral norms that refer to laws other than Austrian law.

8.4. Jurisdiction:

For the resolution of any disputes arising from the contract or these terms and conditions, the exclusively competent court at the registered office of GCT4U GmbH shall have jurisdiction. Regardless of this jurisdiction agreement, GCT4U GmbH is entitled to assert its claims against the customer at any location and before any court that has statutory jurisdiction, particularly before the court of the customer's place of residence or business. This jurisdiction agreement does not apply to consumers. If you are a consumer within the meaning of the Consumer Protection Act (KSchG) and have your residence or habitual place of residence in Austria, or are employed in Austria, you may only be sued in the courts in the jurisdiction of your residence, habitual place of residence, or place of employment.

8.5. Severability Clause:

If any provision of these terms and conditions becomes invalid or unenforceable, the remaining provisions shall remain valid and enforceable. Invalid or unenforceable provisions will be replaced by effective and enforceable provisions that most closely achieve the intended purpose of the original provision. This applies similarly to any gaps in these terms and conditions.

8.6. Consent to Data Processing:

The customer consents to the processing of personal data, including identification and address data, for the purpose of documentation, contract fulfillment, customer care, marketing, and sending emails by GCT4U GmbH Event & Marketing GmbH. This consent can be revoked at any time by emailing office@goodcooling.at. The withdrawal of consent does not affect the legality of the processing that occurred based on consent before the withdrawal. The customer also has the right to access and correct their personal data. Requests for access or correction can be made by email to office@goodcooling.at.

General Terms of Use for the Digital Loyalty Program of GCT4U GmbH Event & Marketing GmbH can be found at:

https://goodcooling.at/info/agb-kundenbindungsprogramm-app/

Here is the English translation of the Privacy Policy (DSGVO) for GCT4U GmbH Event & Marketing GmbH:

Privacy Policy (GDPR) of GCT4U GmbH Event & Marketing GmbH

This statement describes how Goodcooling Event & Marketing GmbH, Breitenleerstr. 77, 1220 Vienna ("we"), processes your personal data. For detailed information, please refer to: https://goodcooling.at/datenschutzerklarung/.

We are committed to protecting your personal data. In this privacy policy, we inform you about the most important aspects of data processing. Please note that data transmission over the internet (e.g., via email communication) may have security vulnerabilities. Complete protection of data from third-party access is not possible.

Purposes of Data Processing:

We will process your personal data for the following purposes:

To establish, manage, and execute the business relationship, and to strengthen existing customer relationships or establish new ones.
To provide information about our service offerings (marketing) and informative updates regarding Goodcooling and its partners.

We use the data voluntarily provided by our customers, such as:

Goodcooling annual passes if an email address has been provided.
Goodcooling birthday parties if an email address has been provided.
Voluntary newsletter subscriptions, either online or in written form with the email address.

Newsletters:

If you have not yet subscribed to our newsletter, you have the opportunity to do so. For this, we need your email address and your consent to receive the newsletter.

Once you subscribe to the newsletter, we will send you a confirmation email with a link to verify your subscription.

You can unsubscribe from the newsletter at any time by clicking the “Unsubscribe” button. We will then promptly delete your data related to the newsletter distribution.

Disclosure to Third Parties:

We generally do not share personal data with third parties unless you have given explicit consent or if disclosure is required by law, regulation, or a government or court order.

If it is necessary to share personal data with an external service provider (e.g., for payment verification via card readers), we ensure, through technical and organizational measures, that the legal provisions on data protection are adhered to. We also obligate external service providers to comply with applicable data protection laws, maintain confidentiality, and promptly delete personal data when it is no longer needed. We are not responsible for any violations of these obligations by external service providers if we have fulfilled our supervisory duties. Our operations are PCI-compliant.

We may disclose non-personal data to the public and our partners, such as our collaborators, advertisers, or affiliated websites. For example, we may share information to highlight trends in the general use of our services.

External Links:

If you use external links, you switch to a different area of data protection responsibility.

Your Rights:

You can request information about the personal data we store at any time, either in writing or electronically.
You can exercise your right to correct or delete your personal data at any time. However, data required for asserting or enforcing our rights and claims is excluded from deletion. Data subject to legal retention requirements will also not be deleted.

Security:

We take the necessary measures to protect the personal data of our customers and apply suitable technical and organizational security measures to prevent manipulation, alteration, destruction, loss, or unauthorized access by third parties.

Security measures are continuously adjusted to technical developments and may be revised accordingly.

Legal Basis:

Data processing is based on the applicable data protection laws.

Changes to the Privacy Policy:

We expressly reserve the right to amend, supplement, correct, or delete this privacy policy at any time, especially if new legal requirements or technical developments necessitate changes to the privacy policy.

You can contact us at:

GCT4U GmbH
Breitenleerstraße 77
1220 Vienna
Email: office@goodcooling.at