Terms of service

General Terms and Conditions (GTC). Happy Fun GmbH

Valid from May 19, 2025

As of: May 19, 2025

Preamble

These General Terms and Conditions regulate the legal relationships between Happy Fun GmbH (hereinafter “Provider”) and their customers (hereinafter “Customer”). For entrepreneurs within the meaning of Section 1 UGB (hereinafter “B2B customers”), the provisions under Section A apply. For consumers within the meaning of Section 1 KSchG (hereinafter “B2C customers” or “consumers”), the provisions under Section B apply.

Deviating, conflicting or supplementary conditions of the customer do not become part of the contract even if the provider carries out the delivery or service to the customer without reservation in the knowledge of such conditions, unless the provider has expressly agreed to their validity in writing. Contractual fulfillment actions on the part of the provider or silence do not constitute consent to contractual conditions that deviate from the provider's conditions.

These General Terms and Conditions also apply as a framework agreement for all other legal transactions between the contracting parties, even if they are not expressly referred to in individual cases.

The contract language is German. Any translations of these Terms and Conditions into other languages ​​are for information purposes only; In the event of differences in interpretation or contradictions between the German version and a translation, only the German version takes precedence.

---

A. B2B regulations (for entrepreneurs)

§ 1 Conclusion of contract

1. Offers from the provider are subject to change and non-binding (§ 861 ABGB), unless they are expressly marked in writing as “binding”. This also applies to information in catalogs, brochures, price lists or similar documents from the provider. Cost estimates from the provider are generally non-binding and subject to payment, unless expressly agreed otherwise in writing.
2. To be effective, a contract offer from a B2B customer (order) requires a written order confirmation from the provider to conclude the contract. The sending or handing over of the goods ordered by the B2B customer by the provider also results in the conclusion of the contract, unless the provider has expressly objected to this beforehand.
3. If offers (orders) are sent to the provider, the B2B buyer making the offer is bound to them for a reasonable period of time, but at least 21 days from the provider's receipt of the offer. The provider can accept this offer within this period.
4. Deviating, conflicting or supplementary general terms and conditions of the B2B customer do not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing by the provider. Any counter-confirmation from the B2B customer with reference to their terms and conditions of business or purchasing is hereby expressly contradicted.

§ 2 Prices & Terms of Payment

1. Unless otherwise expressly stated, all prices quoted by the provider are net prices in EURO excluding statutory sales tax, transport costs, packaging, assembly, insurance, any customs duties, fees or other charges (§ 6 UGB). These items will be invoiced separately.
2. If the wage costs change between the conclusion of the contract and the provision of the service due to collective agreement regulations in the industry or internal company agreements, or if other cost centers relevant to the calculation or costs necessary for the provision of the service, such as those for materials, energy, transport, external work, financing, etc., change by more than 3%, the provider is entitled to adjust the prices accordingly. The B2B buyer has the right to withdraw from the contract if the price increase exceeds 10% of the original net price and is not due to circumstances that the provider cannot influence (e.g. statutory duties, significant market price fluctuations for raw materials).
3. Unless otherwise agreed in writing, the provider's claims are due as follows: 50% of the total price when ordering, the remaining amount before delivery or upon collection, without any deductions, payable within 14 days from the invoice date. The decisive factor for the timeliness of payment is the receipt of the amount in the provider's business account.
4. Cash discounts require a separate written agreement. In the event of late payment, including partial payments, or if insolvency proceedings are opened against the assets of the B2B customer or if such assets are rejected due to a lack of cost-covering assets, any discount agreements will also become invalid and all claims of the provider will become due immediately.
5. Payments by the B2B buyer are only deemed to have been made when they are irrevocably received on the provider's business account. When handing over checks and bills of exchange, payment is only deemed to have been made once they have been irrevocably redeemed.
6. If the B2B customer defaults on payment, the provider is entitled to charge interest on arrears amounting to 9.2 percentage points annually above the respective base interest rate (§ 456 UGB). The provider reserves the right to assert any additional, actual damage (in particular costs for the operation and filing of the claim). In the event of late payment by the B2B buyer, the provider is entitled to charge compound interest from the day the goods are handed over.
7. In the event of a delay, the B2B customer undertakes to reimburse the reminder and collection costs incurred by the provider, to the extent that they are necessary for appropriate legal action and are in an appropriate relationship to the claim being made. In any case, this includes a flat rate of €40 in accordance with Section 458 UGB as well as additional costs, in particular the costs of two reminder letters of €15 each as well as the costs of a lawyer hired in accordance with the Lawyers' Tariff Act or of a debt collection agency up to the maximum rates of the applicable regulation. An amount of €5 per six-month period is agreed upon for keeping records of the debt relationship in the dunning process.
8. The provider is entitled to initially offset payments against the B2B buyer's older debts, despite the B2B buyer's provisions to the contrary. If costs and interest have already been incurred, the provider is entitled to offset the payment first against the costs, then against the interest and finally against the main service.

§ 3 Delivery, transfer of risk & delay in acceptance

1. Unless expressly agreed in writing as a fixed date, stated delivery dates are non-binding and are to be understood as expected dates. The provider is entitled to make partial deliveries and partial invoices to the extent that this is reasonable for the B2B buyer.
2. The transfer of risk to the B2B buyer occurs when the goods are handed over to the freight forwarder, freight carrier or the B2B buyer himself, but no later than when they leave the provider's factory or warehouse (EXW Incoterms 2023 - Rotleitenstraße 5, 8295 St. Johann in der Haide, Austria). This also applies if the transport is organized or carried out by the provider or in the case of partial deliveries. If dispatch or handover is delayed for reasons for which the B2B customer is responsible (including failure to fulfill obligations to cooperate), the risk is transferred to the B2B customer upon notification of readiness for dispatch or collection. Any transport insurance taken out by the provider only covers the risks up to the point of transfer of risk.
3. If the B2B customer has not accepted the goods as agreed (default in acceptance), the provider is entitled, after unsuccessfully setting a reasonable grace period of at least 14 days, a. Either store the goods with the provider, for which a storage fee of 0.2% of the gross invoice amount per calendar day commenced, but at least € 10 per calendar day, will be charged, or b. stored at the expense and risk of the B2B customer with an authorized professional. At the same time, the provider is entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and use the goods elsewhere. In the event of a justified withdrawal from the contract by the provider due to delay in acceptance, the provider has the right to demand flat-rate compensation of 25% of the gross invoice amount or compensation for the damage actually incurred. We reserve the right to assert further damages.

§ 4 Withdrawal from the contract

1. In the event of a delay in acceptance (see Section 3, Paragraph 3) or other important reasons, such as, in particular, the opening of insolvency proceedings against the assets of the B2B customer or the rejection of an application for insolvency due to a lack of cost-covering assets, failure to fulfill essential contractual obligations despite a reminder and a grace period, as well as if the B2B customer defaults on payment of a not insignificant part of the claim for more than 14 days after the due date, the provider is entitled to withdraw from the contract, provided that this is from has not yet been fully fulfilled on both sides.
2. In the event of withdrawal for reasons for which the B2B customer is responsible, the provider has the choice, if the B2B customer is at fault, to demand flat-rate compensation of 25% of the gross invoice amount or compensation for the damage actually incurred. Advance payments already made can be offset against this claim for damages.
3. If the B2B customer defaults on payment, the provider is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
4. If the B2B customer withdraws from the contract - without being entitled to do so - or requests its cancellation, the provider has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; In the latter case, the B2B customer is obliged to pay, at the provider's discretion, a flat-rate compensation amounting to 25% of the gross invoice amount or the actual damage incurred. This applies in particular if the provider has already started producing or procuring the goods.

§ 5 Warranty (in the B2B sector)

1. Principle of guarantee: The provider guarantees that the delivered goods have the agreed or normally required properties at the time of handover and are free of defects that nullify or reduce their value or suitability for normal use or use as required under the contract.
2. Obligation to investigate and report complaints (§ 377 UGB): The B2B customer must carefully check the delivered goods immediately upon receipt for completeness, accuracy and other freedom from defects. Any defects must be reported to the provider immediately, but at the latest within 5 working days of receipt of the goods, in writing with a precise description of the defect and enclosing meaningful evidence (e.g. photos, videos) (qualified complaint of defects). Hidden defects must be reported in writing in the same manner immediately after they are discovered, but at the latest within 5 working days of discovery. If a complaint about defects is not made or not made in a timely manner or in the prescribed form, the goods are deemed to have been approved and all claims by the B2B customer due to this defect (warranty, compensation, error) are excluded. The obligation to give notice of defects also extends to quantity deviations.
3. Warranty period: The warranty period is 12 months from delivery of the goods. To the extent permitted by law, the warranty is completely excluded for used goods.
4. Burden of proof: The existence of a defect at the time of handover must always be proven by the B2B customer; The presumption of defects in accordance with Section 924 Sentence 2 ABGB is expressly waived.
5. Warranty remedies: In the event of a justified defect that is reported in a timely manner, the provider has the right to choose to remedy the defect through improvement (repair) or replacement (delivery of a defect-free item) within a reasonable period of at least 9 weeks. The place of supplementary performance is the registered office of the provider. The B2B customer bears the costs for transporting the defective goods to the provider and back to the B2B customer as part of subsequent performance, unless the complaint about the defect was obviously justified from the outset and the defect was not caused by gross negligence or intent on the part of the provider. The B2B customer can only demand a price reduction or conversion if improvement and replacement are impossible, would involve a disproportionate amount of effort for the provider, if the provider does not comply with the exchange or improvement request or does not do so within a reasonable period of time, or if the provider ultimately refuses supplementary performance. The right to change is excluded if there are only minor defects.
6. Exclusion of warranty: Excluded from the warranty are defects caused by improper or careless use, non-observance of the operating and maintenance instructions, incorrect assembly or commissioning by the B2B customer or third parties, natural wear and tear (particularly for wearing parts in accordance with Section 7 of these General Terms and Conditions), excessive stress, use of unsuitable operating materials, chemical, electrochemical or electrical influences, weather influences, force majeure, repair attempts or other interventions by the B2B customer or were not created by the provider of an authorized third party. Minor, customary or technically unavoidable deviations in quality, color, dimensions, weight, design or features that do not significantly impair the functionality of the product are also excluded.
7. Specific deviations: Deviations from standard paintings and deviations from the project drawing may occur and do not constitute a defect as long as the usability is not significantly impaired. Furthermore, it can happen that the image transitions (on large objects) appear bumpy at the seams because the painting and graphic printing takes place before they are sewn together. Such deviations do not constitute a defect and do not entitle you to price discounts or other claims, provided that the functionality of the product is not significantly impaired.
8. Changes and Compatibility: If products are modified, treated improperly or used contrary to the instructions of the provider by the B2B customer or third parties, any warranty obligation of the provider expires unless the B2B customer proves that the defect was not caused by this modification, treatment or use and was already present upon delivery. The provider is not liable for the compatibility of the delivered goods with other products or systems of the B2B customer, unless this has been expressly guaranteed in writing.
9. Spare parts and repairs: For spare parts or repairs under the warranty, no new warranty period begins, but the original period continues.

§ 6 Compensation

1. The provider is only liable for damages in the event of intent or gross negligence. Liability for slight negligence is excluded, with the exception of personal injury.
2. The injured B2B customer must prove the existence of gross negligence.
3. If the provider is liable for gross negligence, the amount is limited to the typically foreseeable damage, but at most to the net order value of the delivery or service causing the damage.
4. Excluded, to the extent permitted by law, is any compensation for lost profits, pure financial losses, indirect damages, consequential damages, damages from third-party claims against the B2B customer, loss of production, business interruption, loss of interest as well as for damages due to data loss or damage. This exclusion also applies in the event of simple gross negligence.
5. Claims for damages expire within six months of knowledge of the damage and the perpetrator, but in any case within three years of the transfer of risk or provision of the service. This shortened limitation period does not apply to claims arising from personal injury or intentional damage.
6. The provisions regarding damages contained in these terms and conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
7. The provider is not liable for damage caused by the failure of its products, including consequential damage or damage to third parties, unless there is intent or gross negligence on the part of the provider.
8. Before connecting or transporting IT technical products or before installing computer programs, the B2B customer is obliged to adequately and regularly back up the existing data on the computer system. In the event of failure to do so, the B2B customer is responsible for lost data and for all associated damage, unless the provider caused the damage intentionally or through gross negligence.

§ 7 Product liability and wearing parts

1. Claims for recourse within the meaning of Section 12 of the Product Liability Act (PHG) are excluded unless the person entitled to recourse proves that the error was caused within the sphere of the provider and was at least due to gross negligence.
2. The B2B buyer undertakes to observe any warnings, instructions for use and safety regulations of the provider and, when passing the products on to third parties, to fully, verifiably and comprehensibly transfer them and to instruct his buyers accordingly. If these obligations are violated, the B2B customer is liable for all resulting damages and will indemnify and hold the provider harmless in this regard.
3. Wear parts: The following parts are considered wear parts for which a shortened warranty and guarantee period (see § 16.2.c and § 17.3.f) applies: slide tarpaulin for giant slides, hard foam steps, boxing gloves, bungee ropes, belts and helmets, teeth/lips for mouth slides, obstacles, figures, covers for volcanoes, giant wuzzler sliding tubes. The warranty for these parts is limited to defects that were already present upon delivery and are not due to normal wear and tear.

§ 8 Retention of title and its assertion

1. All goods are delivered by the provider under retention of title and remain the property of the provider (reserved goods) until all claims of the provider from the entire business relationship with the B2B customer (including additional claims, claims for damages, interest and future claims, including from contracts concluded at the same time or later) have been paid in full. This also applies if individual or all of the provider's claims have been included in a current invoice and the balance has been drawn and recognized.
2. The B2B customer is obliged to treat the reserved goods with care, to maintain them and to adequately insure them against fire, water, theft and other usual risks at their new value at their own expense. At the provider's request, the insurance policy and proof of premium payment must be presented to him. The B2B buyer already assigns his claims from the insurance contracts to the provider. The provider accepts this assignment.
3. The B2B buyer is entitled to process and sell the reserved goods in the normal course of business as long as he is not in default of payment. Pledges, assignments as security or other disposals of the reserved goods that affect the rights of the provider are not permitted.
4. Extended retention of title (advance assignment): The B2B buyer now assigns the claims arising from resale or another legal basis (e.g. insurance, tort) with regard to the reserved goods (including VAT and all balance claims from current accounts) in full to the provider as security. The provider hereby accepts the assignment. The B2B customer is revocably authorized to collect the claims assigned to the provider for his account in his own name. This collection authorization can be revoked by the provider if the B2B customer does not properly meet his payment obligations, defaults on payment, an application is made to open insolvency proceedings or payments are suspended. In the event of revocation, the B2B customer is obliged to inform the provider of the assigned claims and their debtors, to provide all information required for collection, to hand over the associated documents and to disclose the assignment to the third-party debtors. The assignment must be entered in the business books of the B2B customer, in particular in the open item list, and made visible to the customer on delivery notes, invoices, etc.
5. Processing, connection, mixing: a. Any processing or transformation of the reserved goods by the B2B buyer always takes place on behalf of the provider as a manufacturer within the meaning of Section 950 of the German Civil Code (applicable analogously), without this resulting in any obligations for the provider. If the reserved goods are processed with other items that do not belong to the provider, the provider acquires co-ownership of the new item in proportion to the invoice value of the reserved goods (final invoice amount including sales tax) to the other processed items at the time of processing. b. If the reserved goods are inseparably combined or mixed with other items that do not belong to the provider, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods (final invoice amount including sales tax) to the other connected or mixed items at the time of connection or mixing. If the connection or mixing occurs in such a way that the B2B customer's item is seen as the main item, it is agreed that the B2B customer transfers proportional co-ownership to the provider. The B2B buyer stores the resulting sole or joint ownership for the provider free of charge. c. The same applies to the new item created through processing, combining or mixing as to the goods delivered under retention of title.
6. Asserting the retention of title only constitutes withdrawal from the contract if this is expressly declared in writing by the provider. If goods are taken back, the provider is entitled to charge for transport and handling costs incurred and to claim an appropriate reduction in value for use and damage.
7. If third parties access the reserved goods or the claims assigned in advance - in particular through seizures or other compulsory enforcement measures - the B2B customer must point out the property or rights of the provider and immediately notify the provider in writing so that the provider can enforce its property rights. If the third party is unable to reimburse the provider for the judicial or extrajudicial costs incurred in this context, the B2B buyer is liable for this.
8. The B2B customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
9. If the realizable value of the securities existing for the provider exceeds the provider's total claims by more than 10%, the provider is obliged, at the request of the B2B buyer, to release securities at the provider's discretion.

§ 9 Assignments of claims

1. Claims of the B2B buyer against the provider may not be assigned without the express written consent of the provider. § 1396a ABGB remains unaffected.

§ 10 Retention

1. The B2B customer is not entitled to withhold payments due to incomplete service, guarantee or warranty claims or other complaints. The B2B buyer is only entitled to a right of retention if his counterclaims have been legally established, are undisputed or have been expressly acknowledged in writing by the provider. This also applies to the commercial right of retention in accordance with Section 369 UGB.
2. The B2B customer can only offset claims that have been legally established, are undisputed or have been expressly acknowledged in writing by the provider.

§ 11 Service changes for custom-made products (change request procedure)

1. The provider also produces inflatable children's play equipment according to the special requests of the B2B customer (custom-made products). The basis for this is the specifications, drawings, samples or other documents provided by the B2B customer. The B2B customer guarantees that these documents are complete and correct and do not violate any rights of third parties (particularly intellectual property rights). He shall indemnify and hold harmless the provider from all third-party claims in this regard.
2. If the B2B customer wishes to make changes or extensions to the agreed scope of services (hereinafter “change request”) after the contract has been concluded, he must submit this in writing and in detail to the provider.
3. The provider will examine the change request within a reasonable period of time (usually 10 working days) and submit a written supplementary offer to the B2B buyer. This offer contains information about the feasibility, the effects on the remuneration (additional or reduced costs), the schedule and, if applicable, other contractual conditions. The provider is entitled to charge a reasonable processing fee for examining a change request and creating the supplementary offer, which will be stated in the supplementary offer and is due even if the change request is not commissioned.
4. The change request only becomes part of the contract if the B2B customer accepts the provider's supplementary offer in writing within the deadline specified therein. Until the supplementary offer is accepted in writing, the provider will continue the work on the basis of the original contract.
5. The provider is not obliged to carry out change requests that are not technically feasible, contradict its operational capacities or could affect the security of the products.
6. Additional services that are not expressly agreed in the original contract or an effective change request, but which are required to achieve the purpose of the contract at the request of the B2B customer or due to subsequently changed, incorrect or incomplete information or cooperation on the part of the B2B customer (necessary additional services), will be invoiced by the provider separately based on actual effort at the provider's current standard hourly rates. Before carrying out such necessary additional services, the provider will inform the B2B customer of their necessity and the expected additional costs, unless this is impracticable due to the urgency or insignificance of the service and the B2B customer is responsible for the necessity.

§ 12 Assembly

1. If assembly services have been agreed, the sales prices do not include these unless expressly agreed otherwise in writing.
2. Assembly work is calculated based on the time required, whereby a man-hour rate that is customary in the industry and specified in the offer/order confirmation is deemed to have been agreed. Travel times, accommodation costs and other expenses will be invoiced separately.
3. When assembly is carried out by the provider, the B2B customer is obliged to provide the agreed number of assistants (usually 2-3 people, depending on the product size and agreement) as well as any necessary aids (e.g. forklifts, lifting platforms) for assembly assistance free of charge and in a timely manner. The B2B customer must also ensure a suitable, safe and freely accessible assembly location as well as the necessary connections (e.g. electricity).
4. If the B2B customer does not comply with his obligations to cooperate in accordance with Section 3, does not comply with them in a timely manner or does not comply completely, the provider is entitled to invoice the B2B customer for the resulting additional costs (e.g. for waiting times, additional staff, rental of aids). Any agreed assembly or completion dates will be extended accordingly. In such cases, the provider is also entitled, after setting a reasonable grace period, to withdraw from the contract or to cancel the assembly and to demand the costs incurred up to that point as well as an appropriate compensation amount for the lost profit.
5. If the assembly is to be carried out completely by the provider without assembly assistance from the B2B customer, this must be expressly agreed in writing and the costs for this will be shown and charged separately.

§ 13 Material specification and conformity to standards

1. The provider confirms that the inflatable products manufactured by him comply with the relevant European standards, in particular EN 14960 (European standard for inflatable play equipment) in the version valid at the time the contract is concluded, as well as any other standards and guidelines mentioned in the offer or in the product description (e.g. regarding fire behavior according to ÖNORM B 3800).
2. Details on the material specification and the standards met will be provided upon request or in the product-specific documents. Minor deviations in material and design that do not affect safety and functionality are reserved and do not constitute a defect.
3. The B2B customer is responsible for compliance with all national and local regulations, approvals and safety regulations that apply to the operation of the products at their respective location.

§ 14 Contractual penalties

1. Default by the provider: If the provider exceeds a delivery date expressly agreed in writing as a fixed date for reasons for which he is responsible, the B2B customer is entitled, after setting a reasonable grace period of at least 4 weeks and its fruitless expiry, to demand a contractual penalty of 0.5% of the net value of the delivery or service affected by the delay for each additional completed week of delay, but a maximum of 5% of this net value. Further claims due to delay, in particular claims for damages, are excluded unless the provider is guilty of intent or gross negligence. The assertion of the contractual penalty must be made in writing at the latest upon acceptance or, if no acceptance takes place, within 14 days of receipt of the delayed delivery/service.
2. Breach of contract by the B2B buyer: If the B2B buyer violates essential contractual obligations, in particular its payment obligations, obligations to cooperate in accordance with Section 12, obligations arising from the retention of title in accordance with Section 8, or the confidentiality obligations in accordance with Section 15, the provider is entitled, without prejudice to further legal or contractual claims (in particular to fulfillment, compensation or withdrawal), to a contractual penalty of 15% of the contract to demand the net order value. This contractual penalty is subject to the judicial right of moderation to the extent that this is mandatory by law. The provider reserves the right to assert damages that exceed the contractual penalty.

§ 15 Confidentiality and protection of intellectual property

1. The contracting parties undertake to keep strictly secret all information and documents made accessible to them by the other party in the course of initiating or executing the contract, which are either expressly marked as confidential or whose confidentiality results from their nature or the circumstances of their transmission (in particular technical specifications, construction drawings, calculations, business and trade secrets, customer lists, pricing, marketing strategies, hereinafter “confidential information”). You may not disclose Confidential Information to third parties without the express prior written consent of the disclosing party and may use it solely for the purposes of the applicable Agreement. This obligation does not apply to information that (a) was already known to the receiving party prior to disclosure by the other party, (b) is or becomes generally known to the public without resulting from a breach of this confidentiality obligation, (c) was developed by the receiving party independently and without recourse to the other party's Confidential Information, or (d) is required to be disclosed by mandatory law or an enforceable administrative or judicial order (which the disclosing party must be informed thereof promptly). is, to the extent legally permissible).
2. The obligation to maintain confidentiality continues for a period of 5 years even after the contractual relationship has ended.
3. All copyrights, patent rights, trademark rights, design rights and other intellectual property rights (IP rights) to von der Happy Fun GmbH Plans, drafts, software, concepts, calculations, illustrations, samples, prototypes and other documents and work results (hereinafter “provider’s work results”) created as part of the fulfillment or initiation of the contract remain exclusively with Happy Fun GmbH, even if they were created at the suggestion or with the cooperation of the B2B customer.
4. The B2B buyer is only granted a non-exclusive, non-sublicensable and non-transferable right of use to the provider's work results for the duration of the contract, limited to the specific contractual purpose, insofar as this is necessary for the contractual use of the data provided by the Happy Fun GmbH services provided is absolutely necessary. Any use beyond this, in particular reproduction, processing, modification, decompiling, distribution, making publicly available or passing on to third parties, requires the express prior written consent of the provider and, if necessary, must be paid for separately.
5. If drafts, concepts or other work results from the provider are made available to the B2B buyer as part of presentations or offers and no contract is concluded, the B2B buyer is obliged to immediately return all received documents and copies thereof to the provider or demonstrably destroy them. Any use of the ideas, concepts or designs contained therein is prohibited.
6. The B2B buyer will inform the provider immediately if he becomes aware of a violation of the provider's IP rights or of unauthorized use of his confidential information.
7. For each case of culpable violation of the obligations under this § 15 by the B2B customer or his vicarious agents, the B2B customer undertakes to pay a contractual penalty to the provider in the amount of € 10,000. The provider reserves the right to assert any further damage.

§ 16 Contractual guarantee and definition of warranty (in the B2B sector)

1. Definitions and delimitation:
   • a) Legal guarantee: In accordance with the provisions of Section 5 of these General Terms and Conditions and the relevant legal regulations (in particular Sections 922 ff ABGB, UGB), the provider is liable for ensuring that the delivered goods have the agreed or usually expected properties at the time of handover (freedom of defects upon handover). This is a legally enshrined right of the customer.
   • b) Contractual guarantee (manufacturer's guarantee): In addition to the statutory warranty for certain products, the provider can make a voluntary, contractual commitment about the durability or quality of the goods for a certain period of time from delivery (hereinafter "contractual guarantee" or "manufacturer's guarantee"). This guarantee is a separate obligation of the provider that goes beyond the statutory warranty and does not reduce the statutory warranty claims. The scope, duration and conditions of such a contractual guarantee result from the following provisions or a separate guarantee declaration given to the B2B customer.
   • c) Extended warranty (worry-free guarantee): As part of the optionally bookable 'worry-free package' (see § 17), the provider grants an extended contractual guarantee ('worry-free guarantee') with a term of 5 years. This differs from the general contractual guarantee in its duration and its link to the use of the services included in the 'worry-free package'.
2. General contractual guarantee (manufacturer's guarantee):
   • a) For bouncy castles and inflatable play equipment (except for custom-made products and products for intensive commercial use, which do not fall under the 'worry-free package'), the provider grants a contractual guarantee of 2 years from the date of purchase (date of invoice).
   • b) For products that are used intensively almost every day in indoor/outdoor playgrounds, play parks and/or other facilities (and do not fall under the 'worry-free package'), as well as for custom-made products, the contractual guarantee period is 1 year from the date of purchase.
   • c) Exceptions for wearing parts: For the wearing parts mentioned in § 7 number 3, the contractual guarantee period is 3 months from the date of purchase.
   • d) Guarantee conditions (General Contractual Guarantee):
     • (i) The guarantee extends exclusively to manufacturing or sewing errors ex works.
     • (ii) The guarantee does not apply to defects caused by improper or careless use, by using the product for a purpose other than that intended, by normal wear and tear, by damage to applied painting or images, by assembly and/or installation and maintenance and/or repair by third parties not authorized by the provider, as well as damage caused by non-compliance with the safety rules according to the product operating manual or safety instructions of the provider for the respective products.
     • (iii) If the provider did not manufacture the product itself (commercial goods), the contractual guarantee provided by the provider never exceeds the guarantee of the respective manufacturer of the product. In this case, the provider's guarantee is limited to the assignment of claims against the manufacturer to the B2B customer.
3. Asserting claims under contractual guarantees (manufacturer’s guarantee and worry-free guarantee):
   • a) The B2B customer must inform the provider of a warranty claim immediately, but at the latest within 14 days of becoming aware of the defect, in writing (e.g. by email), enclosing a copy of the purchase receipt and meaningful images.
   • b) The products will be shipped for repairs in the event of a warranty claim to: Happy Fun GmbH, Rotleitenstraße 5, 8295 St. Johann in der Haide, Austria. The products must be packaged carefully to avoid damage during transport.
   • c) The costs for shipping to the provider are initially borne by the B2B buyer. If it turns out that there is a case covered by the respective guarantee, the provider will reimburse the appropriate shipping costs (standard shipping). In the event of a warranty claim, the repaired or replaced product will be returned to the B2B customer within Austria free of charge for the B2B customer.
   • d) In the event of a warranty claim, the provider will, at its own discretion, provide free improvement (repair) or replacement delivery of the defective parts or the defective product. Guarantee services provided neither lead to an extension of the guarantee period nor do they initiate a new guarantee period. The provider endeavors to carry out the repair or replacement within a reasonable period of time, usually up to 20 weeks (excluding transport times).
4. Relationship to warranty claims: The contractual guarantees regulated in this § 16 and § 17 exist in addition to the statutory warranty claims of the B2B customer in accordance with § 5 of these General Terms and Conditions. The statutory warranty rights are not affected or restricted by these guarantees.

§ 17 Worry-free package – scope of services, duration, extended guarantee (worry-free guarantee)

1. Service description 'worry-free package': The 'worry-free package' is an optional, paid additional service for B2B customers when purchasing certain inflatable products intended for this purpose by the provider and includes the services described below as well as an extended guarantee ('worry-free guarantee'):
   • a) Annual storage: Professional storage of the contractual products in the warehouse of the provider or a third party commissioned by the provider.
   • b) Recurring report: Organization and implementation of the annual recurring inspection of the products in accordance with the requirements of ÖNORM EN 14960 and, if applicable, ÖNORM EN 13814 by a qualified and authorized body. The B2B buyer is informed about the results of the reports.
   • c) Issue & return, appointment organization & documentation: Coordination of the dates for issuing and taking back products. Preparation of the necessary documents (order creation, delivery note).
   • d) Issue & return including loading/unloading: Physical issue and return of the products from the provider's warehouse, including loading and unloading by the provider. Transport to and from the B2B customer's place of use is not included in the worry-free package and must be agreed and paid for separately, unless otherwise stated in writing.
   • e) Cleaning, drying & checking: Professional cleaning and drying of the products after each return as well as a general condition check.
2. Contract term, extension, termination 'worry-free package':
   • a) The contract for the 'worry-free package' is concluded for a fixed initial term of one (1) year from the date of the first delivery of the associated product or a separately agreed date.
   • b) It is then automatically extended by one (1) additional year, unless it is terminated in writing (email is sufficient) by one of the contracting parties with a notice period of three (3) months to the end of the respective contract term.
   • c) Both parties remain entitled to extraordinary termination for good cause. An important reason for the provider exists in particular if the B2B customer is in arrears with the payment of the fees for the 'worry-free package' for more than two months, breaches essential obligations to cooperate (e.g. timely return for inspection) despite a reminder and setting of a deadline, or the requirements for the worry-free guarantee in accordance with Section 3 of this paragraph are no longer met.
3. Extended warranty as part of the 'worry-free package' (worry-free guarantee):
   • a) Warranty scope and duration: If the B2B customer has booked and paid for the 'worry-free package' for a product intended for this purpose, the provider grants an extended guarantee (hereinafter "worry-free guarantee") for this product of five (5) years from the start of the initial term of the 'worry-free package'.
   • b) Guarantee content: This worry-free guarantee refers to the freedom from defects and functionality of the structure of the inflatable product, the seams and the permanently installed fans, provided they come from the provider.
   • c) Guarantee services: In the event of a warranty claim, the provider will, at its own discretion, provide free improvement (repair) or replacement delivery of the defective parts or the defective product. Processing takes place in accordance with Section 16 Number 3.
   • d) Requirements for the worry-free guarantee: The use of this worry-free guarantee requires that:
     • (i) the 'worry-free package' for the product in question will be used and paid for continuously for the entire duration of the guarantee period;
     • (ii) all services included in the 'worry-free package' (in particular storage, assessments, cleaning) are carried out exclusively by the provider or third parties commissioned by the provider;
     • (iii) the product is used exclusively for its intended purpose in accordance with the operating instructions and the provider's safety instructions;
     • (iv) no unauthorized repairs, changes or improper interventions were made to the product by the B2B customer or third parties;
     • (v) the defect is reported to the provider in writing without delay, but at the latest within 7 days of becoming known, with the presentation of meaningful documents.
   • e) Exclusion of the worry-free guarantee: The following are excluded from this worry-free guarantee:
     • (i) Defects due to normal wear and tear, including when using the Carefree Package Services;
     • (ii) damage caused by improper handling, overloading, accident, force majeure, vandalism, theft or external influences (e.g. extreme weather conditions) that are beyond the control of the provider during storage;
     • (iii) defects that are due to non-observance of recommendations from the reports prepared in accordance with Section 17, Section 1.b), provided that their elimination was the responsibility of the B2B customer and was not taken over by the provider within the scope of the guarantee;
     • (iv) visual impairments (e.g. fading of colors) that do not limit functionality;
     • (v) Damage to applied painting or images, unless this is due to a manufacturing defect.
   • f) Wear parts within the scope of the worry-free guarantee: The wearing parts mentioned in § 7 number 3 are excluded from the 5-year worry-free guarantee. The guarantee period of 3 months specified in Section 16 Number 2.c applies to these, even if the product is part of a 'worry-free package'.
   • g) Termination of the 'worry-free package': If the contract for the 'worry-free package' is terminated before the end of the 5-year guarantee period (e.g. through termination), the worry-free guarantee expires when the termination of the contract takes effect. The conditions of the general contractual guarantee in accordance with Section 16 then apply, provided that their deadline has not yet expired.
   • h) This worry-free guarantee exists in addition to the statutory warranty claims of the B2B customer in accordance with § 5 and any general contractual guarantee in accordance with § 16. The statutory warranty rights are not affected or restricted by this extended guarantee.

---

B. B2C regulations (for consumers)

§ 1 Validity

1. The provider's deliveries, services and offers to consumers are carried out exclusively on the basis of these terms and conditions in the currently valid version.
2. The provider does not recognize any conditions of the consumer that conflict with or deviate from these terms and conditions unless he has expressly agreed to their validity in writing.
3. Contract fulfillment actions on the part of the provider do not constitute consent to contractual conditions that deviate from the provider's conditions.

§ 2 Conclusion of contract

1. The presentation of the products in the online shop or in catalogs does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum). Errors and changes remain reserved.
2. By clicking the “Order with payment” button (or a comparable clear formulation) in the online shop, the consumer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after sending the order by email and does not constitute acceptance of the contract, but merely serves to inform the consumer about receipt of his order.
3. The provider can accept the consumer's order by sending a separate order confirmation by email or by delivering the goods within a reasonable period of time, usually 5 working days after receipt of the order. The purchase contract is only concluded with this acceptance. The provider reserves the right to reject orders without giving reasons.
4. If the consumer contacts the provider with an offer (e.g. individual inquiry by email or telephone), he is bound to do so for a reasonable period of time, but at least 7 days from receipt of the offer, unless a shorter period has been agreed. The contract is concluded if the provider accepts the offer within this period.

§ 3 Prices & Terms of Payment

1. All prices quoted by the provider are gross prices in EURO and include statutory sales tax. Shipping costs, packaging costs (if stated separately) and any costs for optional additional services (e.g. assembly, express delivery) will be shown separately and added if they arise. The valid prices are those at the time of ordering.
2. The price adjustment clause according to Section A, § 2 Number 2 does not apply to consumer transactions.
3. Unless otherwise agreed, the provider's claims are due as follows: When ordering via the online shop, the total price including all additional costs is due immediately upon completion of the ordering process using the payment methods offered (e.g. credit card, PayPal, instant bank transfer). For individual orders: 50% of the total price when ordering, the remaining amount before delivery or upon collection, without any deductions. In the case of transfers, payment is considered to have been made on time if the amount is credited to the provider's account on the due date.
4. All goods remain the property of the provider until the purchase price, including all additional costs, has been paid in full.
5. Cash discounts require a separate written agreement. In the event of late payment, any discount agreements will also become invalid.
6. Payments by the consumer are only deemed to have been made when they are irrevocably received on the provider's business account.
7. If the consumer defaults on payment, the provider is entitled to demand default interest at the statutory rate (currently 4% p.a. in accordance with Section 1000 Paragraph 1 ABGB). The provider reserves the right to assert any damage actually incurred beyond this, provided this is legally permissible. The consumer is also obliged to reimburse the reminder and collection costs necessary for appropriate legal action, provided that these are in an appropriate relationship to the claim being made (see also § 10 of this Section B).

§ 4 Right of withdrawal for consumers in distance selling contracts

1. When concluding a distance selling contract (e.g. via the online shop, by email or telephone) or a contract concluded outside of business premises (AGV), consumers generally have a legal right of withdrawal in accordance with the Distance and Away Sales Act (FAGG).
2. Cancellation policy Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of contracts for the delivery of goods in several partial shipments or pieces, the deadline begins on the day on which you or a third party named by you who is not the carrier has or has taken possession of the last partial shipment or last piece. In the case of contracts for the regular delivery of goods over a fixed period, the period begins on the day on which you or a third party named by you, other than the carrier, has or has taken possession of the first goods. To exercise your right of withdrawal, you must contact us (Happy Fun GmbH, Rotleitenstraße 5, 8295 St. Johann in der Haide, Austria, e-mail: office@happy-fun.com, telephone: +43333265185) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. Consequences of revocation If you revoke this contract, we must repay to you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract (Happy Fun GmbH, Rotleitenstraße 5, 8295 St. Johann in der Haide, Austria) to be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature (forwarding goods), the costs are estimated at a maximum of EUR 180-480. If the goods cannot normally be returned by post due to their nature and they were delivered to the consumer's home at the time the contract was concluded, we will collect the goods at our expense. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. End of cancellation policy
3. Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.) To Happy Fun GmbH Rotleitenstraße 5 8295 St. Johann in der Haide Austria E-Mail: office@happy-fun.com I/we hereby revoke () from me/us () concluded contract for the purchase of the following goods ()/the provision of the following service () Ordered on ()/received on () Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for paper notification) Date (*) Delete what is not applicable.
4. Exceptions to the right of withdrawal: According to Section 18 FAGG, the right of withdrawal does not apply to contracts, among other things
   • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (custom-made products). Before concluding such a contract, the provider will separately inform the consumer that there is no right of withdrawal and, if necessary, have this confirmed by the consumer.
   • for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded.
   • for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
   • for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.
   • to supply audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery.
   • for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
   • for the provision of services in the areas of non-residential accommodation, transport of goods, motor vehicle rental, supply of food and drink, as well as services provided in connection with leisure activities, if the contract provides for a specific date or period for the provision (e.g. rental of bouncy castles for a specific day).
   • about digital content that is not delivered on a physical data carrier (e.g. downloads, streaming) if the provider has begun to execute the contract after the consumer (i) has expressly agreed that the provider will begin to execute the contract before the end of the cancellation period and (ii) has confirmed his knowledge that he will lose his right of cancellation by agreeing to the start of the execution of the contract, and (iii) the provider has provided the consumer with a confirmation in accordance with Section 7 Paragraph 3 FAGG.

§ 5 Delivery, transport, delay in acceptance

1. The sales prices do not include the costs for delivery and assembly, unless expressly stated or agreed otherwise. The shipping costs incurred will be clearly and understandably communicated to the consumer before placing their order. The choice of shipping company is the responsibility of the provider.
2. Specified delivery dates are non-binding unless expressly agreed in writing as a fixed date. The provider will inform the consumer immediately of any delivery delays. If a delivery is marked as “expected to be available from [date]”, this is a non-binding estimate.
3. The risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier (Section 7b KSchG). However, if the consumer has concluded the transport contract himself without using a selection option suggested by the provider, the risk is transferred to the carrier when the goods are handed over.
4. If the consumer has not accepted the goods as agreed (delay in acceptance), the provider is entitled to withdraw from the contract after unsuccessfully setting a reasonable grace period of at least 14 days. In the event of a justified withdrawal, the provider can demand the necessary and appropriate costs incurred (e.g. storage costs at the usual local rate, return shipping costs). Further claims for damages remain unaffected if the delay was culpable. The provider can also store the goods at his premises and charge a local storage fee or store them at the consumer's expense and risk with an authorized professional after informing the consumer accordingly and giving him a reasonable deadline for collection.

§ 6 Warranty (in the B2C area)

1. Legal guarantee: The statutory warranty provisions apply (§§ 922 ff ABGB, VGG). The warranty period is two years from delivery of the goods. The provider is liable for ensuring that the goods are free of defects at the time of delivery. For goods with digital elements or digital services, the provider's warranty obligation also includes the obligation to provide necessary updates for the period that the consumer can reasonably expect, but at least for two years from delivery for goods with continuous provision of digital elements over a specific or indefinite period of time. The provider will inform the consumer about the availability of updates.
2. Warranty remedies: In the event of a defect, the consumer is primarily entitled to free improvement (repair) or replacement of the goods. The consumer has the choice between improvement and replacement, unless the chosen remedy is impossible or would involve a disproportionate amount of effort for the provider compared to the other remedy.
3. Only if improvement and replacement are impossible, would involve a disproportionate amount of effort for the provider, if the provider refuses to make the improvement or replacement or does not do so within a reasonable period of time, or if improvement or replacement would cause considerable inconvenience for the consumer or are unreasonable for the consumer for valid reasons relating to the provider, the consumer is entitled to a price reduction or - if it is not just a minor defect - to cancellation (termination of the contract).
4. Exclusion of warranty: Defects caused by improper use, normal wear and tear, non-observance of the operating and safety instructions, unauthorized changes or external influences (e.g. accident, force majeure) are excluded from the warranty, unless they are based on a defect that already existed upon delivery.
5. Specific deviations: Deviations from standard paintings and deviations from the project drawing may occur. Furthermore, it can happen that the image transitions (on large objects) appear bumpy at the seams because the painting is done before it is sewn together. Such deviations do not constitute a defect as long as the functionality and the usual expected use of the product are not significantly impaired.
6. Check upon delivery: The consumer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to the provider and the delivery person as quickly as possible. The statutory warranty claims remain unaffected.

§ 7 Contractual guarantee (in the B2C area)

1. Term and definition: In addition to the statutory warranty in accordance with Section 6 of these General Terms and Conditions, the provider can grant a voluntary, contractual promise for certain products regarding the durability or quality of the goods for a certain period of time from delivery (hereinafter "contractual guarantee" or "manufacturer's guarantee"). This guarantee is a separate obligation of the provider that goes beyond the statutory warranty and does not reduce the consumer's statutory warranty claims. The conditions and scope of such a contractual guarantee can be found in the respective product description or separate guarantee declarations, which are made available to the consumer on a durable data medium at the latest upon delivery of the goods. The 'worry-free package' described in Section A, § 17 with its extended guarantee (worry-free guarantee) is aimed exclusively at B2B customers and is not available to consumers.
2. Warranty period (General Contractual Warranty for Consumers): For bouncy castles and inflatable play equipment (except custom-made products and products for intensive commercial use), the provider grants a contractual guarantee of 2 years from the date of purchase (date of invoice).
3. Warranty period for intensive use/custom-made products (not typical for consumers, but may be relevant in individual cases): For products used under conditions similar to intensive commercial use, as well as for custom-made products, the warranty period may vary from 1 year from the date of purchase. This will be shown separately in individual cases.
4. Guarantee conditions (General Contractual Guarantee for Consumers): a. The guarantee extends exclusively to manufacturing or sewing errors ex works. b. The guarantee does not apply to defects caused by improper or careless use, by using the product for a purpose other than its intended purpose, by normal wear and tear, by damage to applied painting or images, by assembly and/or installation and maintenance and/or repair by third parties not authorized by the provider, as well as damage caused by non-compliance with the safety rules according to the product operating manual or the provider's safety instructions for the respective products. c. If the provider did not manufacture the product itself (commercial goods), the contractual guarantee provided by the provider never exceeds the guarantee of the respective manufacturer of the product. In this case, the provider's guarantee is limited to the assignment of claims against the manufacturer to the consumer.
5. Claiming the contractual guarantee and transport questions (for consumers): a. In the event of a warranty claim, the consumer will inform the provider of the complaint in writing (e.g. by email), enclosing a copy of the purchase receipt. b. The products will be shipped for repairs in the event of a warranty claim to: Happy Fun GmbH Rotleitenstraße 5 8295 St. Johann in der Haide Austria The consumer initially bears the costs of shipping to the provider. If it turns out that there is a warranty claim, the provider will reimburse the appropriate shipping costs (standard shipping). In the event of a warranty claim, the repaired or replaced product will be returned to the consumer within Austria free of charge for the consumer. c. The products must be carefully packaged to ensure that no damage occurs during transport.
6. Repair in the event of a warranty claim (for consumers): In the event of a recognized warranty claim, the provider will endeavor to repair the product in question within a reasonable period of time, usually up to 20 weeks (excluding transport times), or to replace it at its own discretion.
7. Exclusion or limitation of guarantee services (general contractual guarantee for consumers): a. Excluded from the voluntary 1 or 2 year contractual guarantee are: * Inflatable products purchased used from the provider. * Wear parts such as: slide tarpaulin for giant slides, hard foam steps, boxing gloves, bungee ropes, belts and helmets, teeth/lips for mouth slides, obstacles, figures, covers for volcanoes, giant wuzzler sliding tubes. The contractual guarantee period for these wearing parts mentioned is 3 months from the date of purchase. b. The consumer's statutory warranty rights in accordance with Section 6 of these General Terms and Conditions are not affected or restricted by this voluntary contractual guarantee. The guarantee applies in addition to the statutory warranty rights.

§ 8 Damages

1. The provider is liable for damages in accordance with legal regulations. Liability for material damage caused by slight negligence is excluded, unless it concerns damages resulting from the violation of essential contractual obligations (cardinal obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the consumer can regularly rely), damages resulting from injury to life, body or health, or claims under the Product Liability Act.
2. Before connecting or transporting IT technical products or installing computer programs, the consumer is obliged to adequately back up the existing data on the computer system. In the event of failure to do so, the consumer is responsible for lost data and for all associated damages, unless the provider acted intentionally or with gross negligence.
3. The provider is not liable for damage caused by the failure of its products, unless the provider is guilty of intent or gross negligence or an injury to life, body or health or claims under the Product Liability Act.

§ 9 Service changes for custom-made products

1. The provider also produces inflatable children's play equipment according to the consumer's special requests (custom-made products).
2. If the consumer wishes to make changes to the agreed special requests after the contract has been concluded, the provider will check whether and under what conditions (additional costs, extension of delivery time) these changes are possible. The provider will make a corresponding change offer to the consumer. There is no right to have the changes implemented. If the consumer accepts the change offer, a new contract is concluded in this regard.
3. With regard to the right of withdrawal for custom-made products, reference is made to Section 4, Section 4 of these General Terms and Conditions (Exceptions to the right of withdrawal). Before concluding a contract for a custom-made product, the provider will expressly inform the consumer that there is no right of withdrawal for such goods and will have this confirmed by the consumer.

§ 10 Dunning and collection fees

1. In the event of late payment, the consumer is obliged to reimburse the provider for the necessary and appropriate reminder and collection costs incurred, provided that these are in an appropriate relationship to the claim being made. An amount of a maximum of €5.00 can be charged per reminder issued by the provider, provided this is necessary for appropriate legal action and the consumer is responsible for the costs of the delay. The costs of engaging a debt collection agency or lawyer must be reimbursed up to the maximum rates permitted by law.

§ 11 Assembly

1. If assembly services are agreed, these will be invoiced separately unless this is expressly agreed otherwise in writing. The costs for this will be clearly and understandably communicated to the consumer before the contract is concluded.
2. If construction assistance is agreed by the consumer (or people provided by the consumer), the details must be recorded in the contract. If the consumer does not comply with such an agreement, the provider may be charged for any additional costs incurred, which the consumer will be informed about in advance and must agree to.

---

C. General provisions (for B2B and B2C customers)

§ 1 Place of performance

1. The place of fulfillment for deliveries and services as well as for payments is the registered office of the provider (Rotleitenstraße 5, 8295 St. Johann in der Haide, Austria), unless expressly agreed otherwise. This only applies to consumers if the consumer has his or her place of residence, habitual residence or place of employment there or if this has been agreed separately in individual cases.

§ 2 Choice of law, place of jurisdiction

1. Austrian law applies, excluding the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law only applies to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability in accordance with Article 6 Rome I-VO).
2. For B2B customers: The court with subject matter jurisdiction at the provider's registered office has exclusive local jurisdiction to decide all disputes arising from this contract. However, the provider is also entitled to sue at the B2B buyer's general place of jurisdiction.
3. For B2C customers (consumers): One of the courts in whose district the consumer has his or her place of residence, habitual residence or place of employment is responsible for lawsuits against a consumer who has his or her place of residence, habitual residence or place of employment in Germany. The court at the provider's registered office or at the consumer's place of residence is responsible for lawsuits brought by the consumer against the provider, provided the place of residence is in Austria. If the consumer's residence is abroad but within the EU, the provisions of the EuGVVO apply.

§ 3 Data protection, change of address and copyright

1. The provider processes the customer's personal data for a specific purpose and in accordance with the legal provisions (in particular the General Data Protection Regulation (GDPR) and the Data Protection Act (DSG). Detailed information on data processing can be found in the provider's data protection declaration, which is available on the website www.happy-fun.at/policies/privacy-policy.
2. The customer is obliged to immediately notify the provider in writing of any changes to his residential or business address, his e-mail address and other contact details as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they are sent to the last announced address or email address.
3. Plans, sketches, drafts or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, always remain the intellectual property of the provider and are subject to copyright protection. The customer does not receive any rights of use or exploitation of the work, unless this has been expressly agreed in writing and against separate compensation (see also Section A, § 15 for B2B customers). Any use, reproduction, distribution, publication and making available, including parts thereof, without the express written consent of the provider is prohibited.

§ 4 Written form

1. Changes or additions to this contract and these General Terms and Conditions must be made in writing to be effective. This also applies to a waiver of this written form requirement itself (double written form clause). There are no verbal additional agreements. For consumers, this written form requirement can also be met through correspondence by email or fax. Individual contractual agreements remain unaffected by this clause, although anyone who refers to an individual oral agreement is required to provide proof of this.

§ 5 Severability clause

1. Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective or unenforceable, or should these General Terms and Conditions contain a gap, this will not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision or to fill the gap, an effective and enforceable provision is deemed to have been agreed which comes closest to the economic purpose of the ineffective or unenforceable provision or the presumed intention of the parties, taking into account the purpose of the contract. This does not apply if adhering to the contract would represent unreasonable hardship for one party.

§ 6 Online dispute resolution for consumers and information obligations

1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ find.
2. The provider is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board (§§ 19 ff AStG). However, consumers have the option of contacting the Austrian consumer arbitration board (e.g. arbitration for consumer transactions, Mariahilfer Straße 103/1/18, 1060 Vienna, www.verbraucherschlichtung.at) to resolve disputes.
3. The provider's email address is: office@happy-fun.com.
4. The provider is subject to the relevant trade and professional regulations, in particular the Trade Code 1994 (GewO), available at www.ris.bka.gv.at. The responsible trade authority is the Hartberg-Fürstenfeld district administration.

---

General Terms and Conditions (GTC). Happy Fun GmbH for the rental area

Preamble/Scope

• 1.1. Provider identification and validity: These general terms and conditions (hereinafter “GTC”) apply to all rental agreements and related deliveries and services Happy Fun GmbH,, registered in the commercial register under FN 300807 p, Tel: +43333265185, email: office@happy-fun.com, VAT number: ATU63701417 (hereinafter “landlord”), in the area of rental of event modules, play equipment and similar equipment (hereinafter “rental items”). The landlord ensures that all legally required information in accordance with Section 5 of the E-Commerce Act (ECG) is easily and immediately accessible. These General Terms and Conditions apply to contracts with consumers within the meaning of Section 1 of the Consumer Protection Act (KSchG) as well as to contracts with entrepreneurs in accordance with Section 1 of the German Commercial Code (UGB). Unless an explicit distinction is made between consumers and entrepreneurs in individual clauses, the respective provisions apply to both customer groups, whereby mandatory legal regulations, in particular the KSchG and the Distance and Away Business Act (FAGG), always take precedence. The clear distinction is fundamental, as the KSchG and the FAGG provide for non-alienable rights for consumers, the disregard of which can lead to the invalidity of individual clauses. For those Happy Fun GmbH It is therefore essential to correctly identify the respective customer groups and apply the general terms and conditions accordingly.
• 1.2. Inclusion of the general terms and conditions: These general terms and conditions only become part of the contract if their validity has been effectively agreed between the landlord and the customer. For consumers (B2C): The General Terms and Conditions only become part of the contract if the consumer was expressly informed of these General Terms and Conditions before concluding the contract or submitting his contractual declaration, he was given the opportunity to take note of the content of the General Terms and Conditions in a reasonable manner (e.g. by handing over the full text when concluding the contract on site or through an easily findable, clickable link before completing an online order) and the consumer has agreed to the validity of the General Terms and Conditions. The landlord bears the burden of proof for this. For contracts concluded online, the landlord ensures that the general terms and conditions can be saved and printed out by the consumer. It's for them Happy Fun GmbH It is crucial to carefully document this process of consent and acknowledgment, for example through a mandatory checkbox in the online ordering process that is linked to the full text of the general terms and conditions, or through a signed confirmation for physical contracts. For entrepreneurs (B2B): The General Terms and Conditions are deemed to have been agreed if the landlord has clearly indicated their validity as part of the contract offer or the order confirmation and the entrepreneurial customer has not objected immediately within a reasonable opportunity to obtain information (e.g. by referring to the version that can be accessed at any time on the landlord's website or an attachment to the offer). The transmission of the full text is not mandatory here, provided the general terms and conditions are easily accessible. A reference to the General Terms and Conditions only on invoices, delivery notes or similar documents that are issued after the contract has been concluded is invalid for the inclusion of the General Terms and Conditions in the contract.
• 1.3. Defensive clause and contradictory general terms and conditions: Conflicting, deviating or supplementary general terms and conditions of the customer do not become part of the contract unless the landlord has expressly agreed to their validity in writing. This also applies if the landlord provides the service without reservation despite being aware of the customer's conflicting terms and conditions. If, in business transactions with entrepreneurs (B2B), general terms and conditions of both contracting parties apply that contradict each other (“Battle of Forms”), the respective legal provisions apply instead of the contradictory clauses, provided that the parties otherwise execute the contract in agreement. A defense clause contained in these General Terms and Conditions does not automatically lead to the exclusive validity of these General Terms and Conditions.

Conclusion of contract

• 2.1. Offers from Happy Fun GmbH: The presentation of the rental items by the landlord, for example on its website, in catalogs, brochures or other advertising materials, does not constitute a binding offer, but rather a non-binding invitation to the customer to make an offer (invitatio ad offerendum), unless expressly stated in writing in individual cases as binding. This gives the landlord control over the acceptance of the contract and prevents binding due to any unintentional errors in advertising materials. Illustrations, descriptions, dimensions and weight information as well as price information in general documents are approximate and only form binding contractual content if this is expressly confirmed in the individual rental agreement or in the order confirmation.
• 2.2. Order by the customer and acceptance: The order of a rental item by the customer, be it verbally, in writing, by email or via the landlord's online portal, represents a binding offer by the customer to conclude a rental agreement under the conditions of these General Terms and Conditions and the specific offer from the landlord. The rental agreement is only concluded when the landlord expressly accepts this offer from the customer, for example by sending a written order confirmation (also by email), or by actually providing or delivering the ordered items rental property. An automatically generated confirmation of receipt of an online order does not constitute acceptance of the contract offer, but merely serves to inform the customer about receipt of his order. Additional information obligations when concluding a contract online (according to the E-Commerce Act - ECG): When concluding contracts via electronic commerce (e.g. via the landlord's website), the landlord provides the customer with the following information clearly, understandably and unambiguously before submitting his contractual declaration:
• The individual technical steps that lead to the online order and the conclusion of the contract (§ 9 ECG).
• Information about whether the contract text is saved by the landlord and how the customer can access it if necessary (§ 9 ECG).
• The technical means for identifying and correcting input errors before submitting the contractual declaration (e.g. an overview page before the final order) (§ 9 ECG).
• The languages ​​in which the contract can be concluded (§ 9 ECG).
• The landlord makes the contractual provisions, including these General Terms and Conditions, available to the customer in such a way that he can save and reproduce them (e.g. as a PDF download) (§ 11 ECG).
• Immediately after receipt of his electronic order, the customer receives an electronic confirmation that the landlord has received it (§ 10 ECG). Compliance with these ECG obligations is not only a legal requirement, but also serves to protect consumers and ensure transparency in online business transactions. The landlord must ensure that its online booking system meets these requirements and that compliance with the information obligations is documented, as the burden of proof for this lies with it.
• 2.3. Minimum age / legal capacity: Customers who are consumers confirm with their order that they have reached the age of 18 and have full legal capacity. For customers who are entrepreneurs, the person placing the order warrants that they are authorized to represent the company and to conclude the rental agreement.

Rental item

• 3.1. Description: The specific rental item (e.g. bouncy castle model Illustrations and descriptions in the landlord's general advertising materials (website, catalogs, etc.) are for illustrative purposes and are exemplary. They do not represent guaranteed properties of the specific rented item, unless certain properties are expressly guaranteed as binding in the rental agreement or order confirmation.
• 3.2. Condition upon handover: The landlord undertakes to hand over the rental property in a clean, technically perfect, functional condition and suitable for use in accordance with the contract. This corresponds to the landlord's legal obligation in accordance with Section 1096 ABGB. The tenant is entitled and, in particular in a B2B relationship in accordance with commercial due diligence, also obliged to carefully check the rental item upon handover for completeness of accessories and obvious defects or damage. The details of the complaint are regulated under point 7 (handover and return). It is in the interest of both parties to accurately document the condition of the rental property upon handover in order to avoid later discrepancies.
• 3.3. Use of the rental property: The rental property may only be used for the contractually agreed purpose and in strict compliance with the operating, assembly and safety instructions provided by the landlord as well as any specific manufacturer instructions. Compliance with these requirements is crucial for safety and preventing damage. Specific usage instructions for event modules/play equipment (examples that need to be adapted and expanded depending on the landlord's range):
• Bouncy castles and inflatable play equipment:
• In principle, you may only enter without shoes. Pointed or sharp objects (e.g. belt buckles, jewelry), glasses (unless they are unbreakable and suitable for sports), as well as food, drinks and chewing gum are prohibited in and on the bouncy castle.
• The maximum number of users and the weight restrictions for the respective device specified by the landlord must be strictly adhered to in order to avoid overloading and safety risks.
• Climbing or sitting on the side walls, jumping from elevated positions and somersaults or other acrobatic exercises that do not correspond to the intended use are prohibited.
• The fan must run constantly during operation and be kept clear of obstructions to ensure adequate air supply. It must not be covered.
• General safety and usage instructions for all rental items:
• The rental items must be protected from any type of moisture (rain, snow, garden sprinklers, immediate proximity to pools or water features) unless they are expressly designed and approved for such use. In the event of rain or an impending storm, bouncy castles and electronic devices in particular must be taken out of operation immediately, dismantled and stored dry and safe or covered with suitable means (e.g. rain tarpaulin). Returning a wet or damp rental property can result in significant follow-up costs (see point 7.4).
• The installation location must be level, clean and free of sharp objects (stones, branches, glass, etc.). If necessary, underlay tarpaulins supplied by the landlord must be used.
• The rental items must be properly secured in accordance with the landlord's instructions (e.g. with pegs, weights).
• The tenant is responsible for compliance with all applicable public law regulations and, if necessary, for obtaining any necessary permits for the operation of the rental property at the installation site. Any changes to the rental property, in particular technical modifications, dismantling of parts, painting, stickers or other interventions in the substance or functionality are strictly prohibited without the prior express and written consent of the landlord. Such unauthorized changes may compromise security and result in significant claims for damages. The transfer of the rental property to third parties, whether for a fee (subletting) or free of charge, is not permitted without the express prior written consent of the landlord. The landlord must maintain control over who uses its equipment to minimize liability risks and improper use.

Rental period

• 4.1. Start and end: The rental period is bindingly determined in the individual rental agreement or in the order confirmation and begins at the agreed time of collection by the tenant or delivery by the landlord and ends at the agreed time of return to the landlord or collection by the landlord. The rental period fully includes the agreed day of collection/delivery and the agreed day of return. Unless otherwise specified, a daily rental is a period of 24 hours from the agreed rental start date. Different definitions and regulations can be made in the rental agreement for weekend rates or longer rental periods. It's for them Happy Fun GmbH It is important to clearly define these rental units (day, weekend, week) to avoid misunderstandings in price calculation and late return fees.
• 4.2. Extension of the rental period: An extension of the agreed rental period is only possible upon prior request by the tenant and the express written consent of the landlord. This consent can be made dependent on the availability of the rental property and the agreement of additional rental fees. A tacit extension of the rental agreement through mere continued use of the rental property beyond the agreed rental period is expressly excluded; § 1115 ABGB does not apply. The tenant is obliged to request any extension from the landlord as early as possible, but in any case in good time before the originally agreed end of the rental period. This makes it possible Happy Fun GmbH, to check availability and make arrangements for subsequent rentals.
• 4.3. Early return: The early return of the rental property by the tenant before the end of the agreed rental period generally does not lead to a reduction in the agreed total rent. The full rent for the originally agreed rental period remains owed unless a different arrangement has been made in writing in individual cases or the tenant is entitled to terminate the contract early due to mandatory legal provisions (e.g. right of withdrawal for consumers under certain conditions). The landlord is not obliged to accept rental items that have been returned early if this involves unreasonable logistical or storage costs, unless there is a case of justified early termination of the contract.
• 4.4. Late return: If the rented item is not returned by the tenant at the agreed time and place, the landlord is entitled to charge compensation for use in the amount of the pro-rata daily rent in accordance with the landlord's current price list for each calendar day of delay. The obligation to pay this compensation for use exists regardless of the tenant's fault for the delay. In addition, we expressly reserve the right to assert further damages that the landlord incurs as a result of the late return (e.g. lost profit from a subsequent rent that has already been promised, costs for replacement procurement to fulfill subsequent orders, additional personnel expenses). This is particularly relevant as a late return will disrupt the company's operations Happy Fun GmbH can be significantly disruptive and cause financial disadvantages.

Rent and payment terms

• 5.1. Rent: The rent to be paid for the agreed rental period is bindingly determined in the individual rental agreement or in the landlord's order confirmation. All prices are in euros (€). For consumers (B2C): The prices stated are gross prices, i.e. they include the applicable statutory sales tax. For entrepreneurs (B2B): The prices stated are net prices plus the applicable statutory sales tax, which is shown separately on the invoice. In addition to the pure rent, costs may arise for separately agreed additional services. These include in particular, but not exclusively: transport costs (delivery and collection), costs for setting up and dismantling the rental items by the landlord's staff, costs for final cleaning if the rental item is excessively or improperly dirty (see also Section 7.4), as well as fees for optionally booked special accessories or consumables. These additional costs will be invoiced separately unless they are expressly stated as being included in the rental price.
• 5.2. Due date for payment: Unless expressly agreed otherwise in the rental agreement or in the order confirmation, the entire rent is due for payment in advance, but at the latest when the rented item is picked up or taken over by the tenant or upon delivery by the landlord. The landlord is entitled to make the handover of the rental property dependent on full payment of the rent and any agreed deposit. For rental agreements with a longer term or for orders with a high overall volume, the landlord is entitled to demand appropriate partial payments or advance payments. In these cases, the corresponding payment terms (e.g. monthly payments) are regulated separately in the rental agreement. Unless another payment term has been agreed in writing, invoices from the landlord are due for payment immediately upon receipt without any deductions. For consumers (B2C): When paying by bank transfer, payment is deemed to have been made on time if the consumer has placed the transfer order with his credit institution on the due date. This regulation of the Consumer Protection Act is decisive for the assessment of late payment by consumers.
• 5.3. Late payment: If the tenant defaults on paying the rent or other amounts due, the statutory consequences of default apply. For consumers (B2C): If a consumer defaults on payment, the landlord is entitled to demand default interest at the statutory rate of 4% per year (Section 1333 Paragraph 1 ABGB in conjunction with Section 1000 Paragraph 1 ABGB). For entrepreneurs (B2B): If an entrepreneur defaults on payment, the landlord is entitled to charge default interest of 9.2 percentage points above the applicable base interest rate in accordance with Section 456 UGB. The relevant base interest rate is the base interest rate, which is announced by the Austrian National Bank on the first calendar day of each six-month period. (Note: The base interest rate is variable and can change. As of January 1, 2025: base interest rate 2.53%, thus the statutory default interest rate for business transactions is 11.73% p.a. The wording "9.2 percentage points above the applicable base interest rate" ensures that the clause remains correct even if the base interest rate changes and does not become outdated.) The assertion of a claim going beyond this, specifically Provable damage caused by the delay (e.g. higher refinancing costs for the landlord) remains reserved in both cases (B2C and B2B).
• 5.4. Dunning and collection fees: In the event of late payment, the tenant is obliged to reimburse the landlord for the reminder and debt collection fees incurred as a result of the default and necessary for appropriate legal action. For consumers (B2C): The amount of the dunning and collection costs to be reimbursed must be proportionate to the claim made and the costs must not exceed the actually necessary expenses. For entrepreneurs (B2B): If an entrepreneur defaults on payment, the landlord is entitled to a flat rate of EUR 40.00 for operating costs in accordance with Section 458 UGB. The assertion of additional, proven and appropriate collection costs (e.g. costs of a debt collection agency or lawyer within the legally permissible framework) remains unaffected.
• 5.5. Prohibition of offsetting: The tenant's ability to set off his own claims against the landlord's claims is regulated as follows: For consumers (B2C): A consumer may set off his counterclaims against the landlord if the landlord is insolvent, or if the consumer's counterclaims are legally related to his liability to the landlord, have been established by a court or have been expressly recognized by the landlord (Section 6 Para. 1 Z 8 KSchG). Any further restriction of a consumer's right of set-off in the General Terms and Conditions is inadmissible and therefore ineffective. The wording must accurately reflect these legal exceptions. For entrepreneurs (B2B): An entrepreneur is only entitled to set off his own claims against the landlord's claims if his counterclaims have either been legally established by a court, are undisputed by the landlord or have been expressly acknowledged in writing by the landlord.
• 5.6. Value protection (primarily for B2B with longer contract terms): This clause does not apply to consumer transactions. For entrepreneurs (B2B): For rental agreements with entrepreneurs that have a term of more than or for which this is agreed separately, the agreed rent is considered to be guaranteed. The consumer price index (CPI, e.g. CPI 2020 = 100) published monthly by Statistics Austria or an officially published index that replaces it serves as a measure for calculating the stability of value. The reference value for securing value is the index number calculated for the month in which the contract was concluded. The rent is adjusted annually (or at other agreed intervals), but for the first time after the start of the contract if the change in the index number compared to the initial basis or the last adjustment exceeds or falls below a threshold value. The rent increases or decreases to the extent that corresponds to the change in the index number. Both increases and decreases in the index must be taken into account in the adjustment. The landlord will notify the entrepreneurial tenant in writing of any adjustment that has been made, outlining the basis for calculation.
• Table 2: Interest on late payments and reminder costs

Category	Late payment interest	Dunning and collection costs
Consumer (B2C)	Statutory interest rate of 4% p.a. (Section 1000 Paragraph 1 ABGB in conjunction with Section 1333 ABGB).	Reimbursement of the costs necessary and appropriate for appropriate legal prosecution.
Entrepreneur (B2B)	Statutory interest rate of 9.2 percentage points above the respective base interest rate (§ 456 UGB).	Flat rate of EUR 40.00 for operating costs (§ 458 UGB). Additional compensation for additional operating costs is possible.

 

The presentation of the different regulations for late payment interest and reminder costs for B2C and B2B customers in tabular form serves to improve clarity and transparency. It clarifies the mandatory legal differences and makes it easier for both customers and employees Happy Fun GmbH the understanding and application of these provisions. This can help reduce misunderstandings and potential disputes over these specific cost items.

Deposit (Security Deposit)

• 6.1. Agreement and amount: The landlord is entitled to require the tenant to pay a deposit. This deposit serves to secure all current and future claims of the landlord from the respective rental agreement. Such claims may in particular, but not exclusively, include outstanding rent payments, claims for damages due to damage, destruction or excessive wear and tear of the rental property, costs for necessary repairs or cleaning in the event of return in breach of contract, as well as other costs and expenses associated with the rental agreement. The obligation to pay a deposit and its specific amount are separately and expressly agreed in the individual rental agreement or in the order confirmation. The amount of the deposit depends on the type and value of the rented item as well as the duration of the rental agreement. Amounts that correspond to a certain percentage of the rental price or the replacement value of the rental property, or a flat rate are common. Analogous to the principles in residential tenancy law, the deposit will only exceed an amount that corresponds to the equivalent of six months' rent (for long-term rentals) or a proportionally comparable amount for short-term rentals if the landlord has a special security interest (e.g. in the case of particularly high-quality or sensitive rental items, or when renting to customers with lower creditworthiness). Setting an appropriate deposit amount is crucial to minimizing the landlord's risk without placing a disproportionate burden on the tenant.
• 6.2. Form and payment: Unless otherwise agreed in writing, the deposit must be paid in the agreed form no later than when the rental property is handed over to the tenant. Common forms are cash deposit, bank transfer to an account specified by the landlord or the handover of a restricted savings account. The landlord is not obliged to hand over the rental property before the agreed deposit has been fully and properly received. If the deposit is paid by a consumer in cash, the landlord will invest it in a separate account or savings account to earn interest and keep it separate from its own assets. The tenant is entitled to the interest income and will be refunded together with the deposit. This procedure, which is common in residential tenancy law, is also used by the landlord as a best practice for cash deposits from consumers in the area of ​​renting movable property in order to ensure transparency and fairness.
• 6.3. Repayment of the deposit: The deposit, including any accrued interest (in the case of interest-bearing investments), will be refunded or released to the tenant immediately, but at the latest within a reasonable period of time (e.g. 14 days) after the rental property has been returned properly and in accordance with the contract and all of the landlord's due and undisputed claims from the rental agreement have been paid in full. The landlord is entitled to offset against the deposit any due and legitimate claims against the tenant, in particular for outstanding rent, compensation for damage to the rental property caused by the tenant (which goes beyond normal wear and tear), costs for necessary final cleaning in the event of return in breach of contract (according to Section 7.4) or other contractually owed amounts. The landlord will inform the tenant of such an offsetting, providing detailed information about the items that have been offset. Accurate documentation of any damage and the deposit statement is important for both sides.
• 6.4. Increase (primarily B2B when extending the contract): The tenant is only obliged to increase the originally agreed deposit during an ongoing rental agreement or on the occasion of an extension of the rental agreement if this is expressly agreed upon between the parties in writing. A unilateral request by the landlord for an increase in the deposit is not permitted. This protects the tenant from unexpected additional financial burdens.

Handover and return of the rental property

• 7.1. Handover and inspection by the tenant: The landlord undertakes to provide and hand over the rental item at the agreed time and at the agreed location (e.g. the landlord's business address or agreed delivery location) in a clean, functional condition and suitable for use in accordance with the contract (§ 1096 ABGB). The tenant is obliged and entitled to check the rental item immediately and carefully upon handover for completeness (including all agreed accessories such as cables, instructions, fastening materials, etc.), obvious defects, damage and general functionality. For consumers (B2C): The consumer is requested to report any defects, incompleteness or damage discovered during handover immediately, ideally on site, to the landlord or her employees handing over the goods and to have these noted in the handover protocol (see section 7.3). The consumer's statutory warranty rights remain unaffected and are not restricted by failure to report immediately. For entrepreneurs (B2B): According to § 377 UGB, the entrepreneurial tenant is obliged to inspect the rental property immediately after handover and, if a defect becomes apparent, to notify the landlord in writing immediately, but at the latest within a reasonable period of time (usually 14 days after handover, in the case of hidden defects immediately after discovery) (notification of defects). If the entrepreneur fails to report defects in a timely manner, he can no longer assert claims for warranty, compensation for damages due to the defect itself or due to an error as to whether the item is free of defects, unless the defect was fraudulently concealed by the landlord or it is a defect that was not detectable upon proper inspection (hidden defect). Compliance with the obligation to give notice is therefore crucial for entrepreneurs to protect their rights.
• 7.2. Transport and installation: Unless otherwise agreed (e.g. delivery and assembly by the landlord for a separate fee), the tenant is responsible for collecting the rental item from the landlord's headquarters and for transporting it back there and bears the associated costs and risks (place of performance is the landlord's registered office; EXW Incoterms® 2020, unless otherwise agreed). The tenant is responsible for selecting a suitable, level and clean installation location as well as for the proper and safe installation and securing of the rental property in accordance with the landlord's instructions and general safety standards. The landlord is not liable for damage caused by unsuitable floor conditions or improper installation by the tenant. The tenant must obtain any necessary official permits for installation or operation.
• 7.3. Handover protocol: It is recommended to create a written handover or return protocol both when handing over the rental property to the tenant and when returning it to the landlord. This log should record in detail the condition of the rental property (including accessories), the presence of all parts, any existing defects or damage and, if applicable, meter readings (for devices with consumption metering). The protocol must be signed by both parties (or their authorized representatives) and each party will receive a copy. Such a protocol serves to preserve evidence and helps to avoid later disagreements about the condition of the rental property or the extent of damage. It also holds up in court. Even if no law requires the creation of such a protocol, it is strongly recommended in the interests of both parties. Contents of the handover protocol:
• Identification of the contracting parties (landlord, tenant)
• Exact description of the rental item(s) and accessories
• Date and time of handover/return
• Determined condition of each individual rental item (if necessary with photo documentation)
• Signatures of both parties and any witnesses present. The landlord can refuse to hand over the rental property if the tenant refuses to cooperate in a handover protocol for no reason.
• 7.4. Return of the rental property: The tenant is obliged to return the rental property and all accessories to the landlord complete, orderly and in a clean condition at the agreed time and place. When returned, the rental item must be in a condition that corresponds to the contractual use, taking into account normal and usual wear and tear (§ 1109 ABGB). Cleaning: The tenant is responsible for the basic cleaning of the rental property before returning it. All debris (e.g. leaves, grass, confetti, leftover food) must be removed. In particular, the rental property must be returned "dust dry" as even moisture can lead to mold formation and damage. If the rented property does become wet, this must be reported to the landlord immediately upon return. If a rental property is returned that is excessively or improperly soiled, the landlord is entitled to charge the tenant the necessary cleaning costs. The amount of these costs depends on the actual effort, but at least a flat rate of EUR. Damage and missing parts: The renter is liable for any damage found upon return that goes beyond normal wear and tear and is the responsibility of the renter, as well as for missing parts or accessories (see point 9 Liability).

Obligations of the tenant / duties of care

• 8.1. Careful use and storage: The tenant undertakes to treat the rental item with the greatest possible care and like a prudent and prudent user, and to protect it from overuse, damage, loss and access by unauthorized third parties. He must carefully observe all relevant safety regulations, the landlord's operating instructions and manufacturer's instructions. The rental property must be secured in accordance with the landlord's instructions, in particular against theft and weather influences (e.g. at night or in the rain).
• 8.2. Obligation to supervise (particularly in the case of play equipment): Unless the landlord expressly takes over the care of the rental property for a separate fee, the tenant is responsible for the sole and uninterrupted duty of supervision throughout the entire period of use of the rental property, especially when it comes to play equipment that is used by children. The tenant must ensure that the use of the play equipment is always supervised by one or more suitable, adult and responsible persons. The tenant must inform these supervisors about all relevant safety and usage regulations. The landlord is not liable for damage or accidents that are due to a breach of the duty of supervision by the tenant or people employed by him. The duty of supervision is a central aspect in preventing accidents and damage, especially when renting bouncy castles and similar devices, as there is an increased risk of improper use and resulting injuries.
• 8.3. Reporting obligations: The tenant is obliged to report any defect, damage, functional failure or loss of the rented item that occurs during the rental period to the landlord in writing or by email immediately after becoming aware of it. This enables the landlord to quickly initiate damage control or repair measures if necessary. In the event of theft or vandalism, the tenant is also obliged to immediately report the property to the relevant police authority and provide the landlord with a copy of the report.
• 8.4. Costs for operating resources: Unless otherwise agreed, the tenant bears the costs for necessary operating resources during the rental period (e.g. electricity for fans, possibly consumables that are not part of the rental item).
• 8.5. The landlord's right of access (primarily B2B or for justified reasons): The landlord or persons commissioned by the landlord are entitled, with sufficient advance notice and at reasonable times, to inspect the rental property during the rental period in order to check its condition and contractual use, especially if there is a reasonable suspicion of a breach of contract or danger to the rental property. In the event of imminent danger, immediate access is granted.
• 8.6. Obligation of the tenant to take out insurance (optional, depending on the risk and agreement): It is the tenant's responsibility to ensure that there is sufficient insurance for the risks arising from the use of the rented property (e.g. organizer liability insurance, which covers damage to rented property and damage to third parties). The landlord may require the tenant to provide proof of such insurance before handing over the rental property, especially in the case of high-quality rental items or events with a high risk potential. The landlord herself maintains business liability insurance, but this generally does not cover damage caused by improper use or the fault of the tenant or third parties while the tenant is in the care of the tenant. The need for the renter to have their own insurance is particularly important for larger events or when renting equipment with a higher risk potential.

Liability and compensation

• 9.1. Liability of the landlord: The landlord is liable for damage that she or her vicarious agents have caused to the tenant intentionally or through gross negligence. For consumers (B2C): The landlord's liability for minor negligence is excluded to the extent permitted by law, with the exception of personal injury and damage to items taken over for processing (Section 6 Para. 1 Z 9 KSchG). Liability for slight negligence in the event of personal injury cannot be excluded. For entrepreneurs (B2B): The landlord's liability for minor negligence is excluded. Liability for gross negligence remains, although the burden of proof for the existence of gross negligence lies with the entrepreneurial tenant. Liability for consequential damage, indirect damage, loss of profit, loss of interest, lack of savings and damage from third-party claims against the tenant is excluded - to the extent permitted by law. In the B2B sector, this exclusion also applies to gross negligence, provided that the damage does not conflict with the main performance obligations or the exclusion would be immoral. For consumers, such an exclusion for consequential damage is only possible to a very limited extent in the case of slight negligence and is not possible at all in the case of gross negligence or intent. The landlord is not liable for damage caused by improper operation, non-compliance with safety regulations or use of the rental property in breach of contract by the tenant or third parties commissioned by the tenant. Liability for the failure of the rental property and resulting consequential damage (e.g. impairment of an event) is also excluded, unless the failure is due to intent or gross negligence on the part of the landlord. The above limitations of liability do not apply in the event of a breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the tenant can regularly rely. In such cases, the landlord is also liable for slight negligence, but limited to the foreseeable damage typical of the contract. Statutory product liability according to the Product Liability Act (PHG) remains unaffected by these regulations. Claims under the PHG must be asserted directly against the manufacturer or importer. A contractual exclusion or restriction of product liability claims against the injured party is ineffective. However, recourse claims between entrepreneurs in the supply chain can be structured contractually.
• 9.2. Liability of the tenant: The tenant is liable to the landlord for all damage to the rental property culpably caused by him or his vicarious agents (e.g. guests, employees) that occurs during the rental period, including loss or theft. This includes damage caused by improper handling, operating errors, overuse, lack of security, non-observance of safety and usage instructions, vandalism or use in breach of contract. The tenant is also liable for so-called incidental damage costs, such as costs for determining the damage (expert costs), repair costs, replacement costs in the event of a total loss or loss, as well as for damages incurred by the landlord due to the failure of the rental property (e.g. lost rental income during the repair or replacement period). The tenant is not liable for normal wear and tear of the rental property due to contractual use (§ 1109 ABGB). What counts as normal wear and tear depends on the type of rental property and the agreed intensity of use. The tenant releases the landlord from all claims by third parties that they assert due to damage or events that are related to the use of the rented property by the tenant or persons commissioned by the tenant, unless the damage is due to the landlord's fault. This is particularly relevant if third parties are harmed as a result of operating the rental property (e.g. a bouncy castle). The burden of proof that the damage was not caused by the tenant or his vicarious agents or that he was not at fault lies with the tenant if the damage occurred to the rental property during his care.
• 9.3. Safety regulations for play equipment (e.g. bouncy castles): The landlord ensures that the play equipment it rents complies with the applicable safety standards (e.g. DIN EN 14960 for inflatable play equipment). However, the tenant is responsible for complying with all safety and operating instructions during use. The landlord expressly points out that she assumes no responsibility for accidents or personal injuries that occur when using the rental property due to improper use, lack of supervision or non-observance of safety rules. The use of the rental items is at the renter's or user's own risk. The Supreme Court case law emphasizes the traffic safety obligations of the operator of a facility (in this case, analogously, the tenant as a temporary operator).

Warranty

• 10.1. General: The landlord guarantees that the rental property has the agreed characteristics at the time of handover and is suitable for use in accordance with the contract (§ 922 ABGB, § 1096 ABGB). A defect exists if the rental property does not have the agreed quality, is not suitable for normal use or does not have the characteristics that the tenant can reasonably expect. The warranty only covers defects that were already present at the time of handover, even if they only become apparent later (hidden defects). There is no warranty claim for defects caused by improper handling, normal wear and tear or external influences after handover.
• 10.2. Warranty remedies for consumers (B2C): If the rental item is defective upon handover, the consumer has statutory warranty claims. These are two-stage:
• Primary warranty remedies: The consumer can primarily request the free improvement (repair) of the defect or the exchange of the defective rental item for a defect-free one. The right to choose between improvement and replacement generally lies with the consumer, unless one of the two remedies is impossible or would cause disproportionate effort for the landlord compared to the other remedy. For digital services (if applicable), the landlord has the right to choose how to ensure the condition is free of defects. The landlord must carry out improvements or replacements within a reasonable period of time and with as little inconvenience as possible for the consumer.
• Secondary warranty claims: The consumer can only request a price reduction or - if the defect is not just minor - the cancellation of the contract (cancellation) if:
• Both improvement and replacement are impossible or
• would involve a disproportionate amount of effort for the landlord or
• the landlord refuses to make the improvement or replacement or does not do so within a reasonable period of time or
• Improvement or replacement would result in significant inconvenience for the consumer or
• Improvement or replacement is unreasonable for the consumer for valid reasons relating to the landlord. The consumer generally has the right to choose between a price reduction and cancellation of the contract, unless the defect is only minor; In this case you are only entitled to the price reduction. The consumer's warranty rights cannot be excluded or restricted before knowledge of the defect (§ 9 KSchG).
• 10.3. Warranty for entrepreneurs (B2B): If the rental property is defective upon handover and the entrepreneurial tenant has fulfilled his obligation to give notice of complaints in accordance with Section 7.1 and Section 377 UGB, he is entitled to the following warranty claims:
• The landlord is primarily entitled to improve (repair) or replace the defective rental property at her discretion. The landlord will attempt to remedy the defect within a reasonable period of time.
• If the improvement or replacement fails, it is impossible, involves a disproportionate amount of effort for the landlord, if it is refused by the landlord or is not carried out within a reasonable period of time, the entrepreneurial tenant can demand a price reduction or - in the case of more than just minor defects - withdraw from the contract (cancellation).
• A restriction or exclusion of warranty claims against entrepreneurs is permitted within certain limits. The limitation of the warranty to individual warranty remedies (e.g. primarily improvement) can be agreed. However, a complete exclusion of the warranty for brand-new items in general terms and conditions can also be immoral in the B2B sector.
• 10.4. Warranty period: The statutory warranty period for defects in movable items is two years from the handover of the rental item. For contracts concluded from January 1, 2022: An additional limitation period of three months after the end of the respective warranty period applies to asserting warranty claims in court. For entrepreneurs (B2B): The warranty period can be contractually shortened in business transactions. However, unless otherwise agreed, the statutory period of two years applies. Shortening of brand-new items must be assessed on a case-by-case basis and must not be immoral. For used rental items, the deadline can also be reduced more significantly in the B2B sector or the warranty can be excluded under certain circumstances, but this requires a clear and transparent agreement.
• 10.5. Reversal of the burden of proof: For consumers (B2C): If a defect occurs within one year of the handover of the rental item (for contracts from January 1, 2022), it is presumed that the defect was already present when it was handed over, unless this presumption is incompatible with the nature of the item or the defect. In this case, the landlord must prove that the item was free of defects when it was handed over. After one year (or six months for contracts before 2022), the consumer must prove that the defect was already present when it was handed over. For entrepreneurs (B2B): The legal presumption of defectiveness upon handover (reversal of the burden of proof in accordance with Section 924 ABGB) can be contractually waived in business transactions. Unless otherwise agreed, the statutory regulation applies (presumably within the first six months if the defect emerges within this period).
• 10.6. Place of warranty provision: For consumers (B2C): The improvement or replacement must take place at the place where the item was handed over. If the item was transported or shipped to a location within the country, this location replaces the place of handover. At the consumer's request, the warranty can also be provided at the place where the item is usually located, provided that this location is located within the country, did not come as a surprise to the landlord and transporting the item to the landlord is impractical for the consumer (e.g. in the case of bulky or permanently installed rental items) (§ 8 KSchG). The consumer must make the defective item available to the landlord. The landlord bears the risk of delivery if she requests it. For entrepreneurs (B2B): Unless otherwise agreed, the place of fulfillment for warranty claims is the registered office of the landlord (collect obligation).
• 10.7. Exclusion of warranty: Exclusion or restriction of warranty rights for consumers before knowledge of the defect is not permitted (§ 9 KSchG). An exception is the shortening of the warranty period for used movable items to one year if this is negotiated in detail (less relevant for rental agreements than for purchases). For entrepreneurs, the warranty can be limited in terms and conditions (e.g. the landlord's right to choose regarding improvements/replacements, shortening of the deadline), but a total exclusion for new items is often immoral.

Customer’s right of withdrawal

• 11.1. Statutory right of withdrawal for consumers in long-distance and away transactions (FAGG): Customers who are consumers and have concluded the rental agreement remotely (e.g. via the landlord's website, by email or telephone without prior personal contact in the business premises) or outside the landlord's business premises (AGV) have a right of withdrawal in accordance with the Distance and Away Transactions Act (FAGG).
• Deadline for withdrawal: The deadline for withdrawal is 14 calendar days.
• Start of the period: For service contracts (which include rental agreements), the period begins on the day the contract is concluded.
• Exercising withdrawal: Withdrawal can take place without giving reasons. The declaration of withdrawal is not tied to a specific form (e.g. by email, letter), but must be clear. To meet the deadline, it is sufficient to send the declaration of withdrawal on time. The landlord provides the consumer with a sample cancellation form in accordance with Annex I Part B FAGG, but its use is not mandatory.
• The landlord's information obligations: Before concluding the contract, the landlord informs the consumer clearly and understandably about the existence or non-existence of the right of withdrawal, the conditions, deadlines and the procedure for exercising the right of withdrawal as well as about the model withdrawal form (§ 4 Para. 1 Z 8 FAGG). If these information obligations are violated, the withdrawal period is extended by up to 12 months (a maximum of 12 months and 14 days in total).
• Exceptions to the right of withdrawal according to § 18 FAGG: The right of withdrawal does not apply, among other things, to:
• Services if the landlord - at the consumer's express request and after confirmation by the consumer that he was aware of the loss of the right of withdrawal if the contract was fully fulfilled - had begun to carry out the service (e.g. provision of the rental property) before the end of the withdrawal period and the service was then fully provided (§ 18 Para. 1 Z 1 FAGG). This is relevant if the rental starts at very short notice.
• Goods or services whose price depends on fluctuations on the financial market, over which the landlord has no influence and which can occur within the withdrawal period (§ 18 Para. 1 Z 2 FAGG).
• Goods that are manufactured according to customer specifications or are clearly tailored to personal needs (§ 18 Para. 1 Z 3 FAGG). This could be relevant for individually designed event modules. Simply assembling standard components does not usually fall into this category. The decisive factor is whether the goods would be difficult or impossible for the landlord to use for other purposes if they were to be taken back. The landlord bears the burden of proof for the existence of a customer specification. If the consumer withdraws before production begins and the landlord has not yet suffered any economic disadvantage, the right of withdrawal can remain despite customer specifications (teleological reduction).
• Services in the areas of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles and delivery of food and beverages and services that are provided in connection with leisure activities, provided that a specific point in time or period is contractually provided for by the entrepreneur for the fulfillment of the contract (Section 18 (1) Z 10 FAGG). This is potentially the most important exception for the Happy Fun GmbH. If the rental of event modules and play equipment is qualified as a “service in connection with leisure activities” for a fixed date/period, the right of withdrawal could be excluded. The Happy Fun GmbH must inform its customers clearly and correctly in this regard.
• Consequences of withdrawal: If the consumer effectively withdraws from the contract, the landlord must reimburse all payments made by the consumer, including delivery costs if applicable (with the exception of the additional costs resulting from the consumer choosing a different type of delivery than the cheapest standard delivery offered by the landlord), immediately, but at the latest within 14 days of receipt of the declaration of withdrawal. The same means of payment that the consumer used must be used for the repayment, unless otherwise expressly agreed and the consumer incurs no costs as a result. The consumer must return the rental property received to the landlord immediately, at the latest within 14 days of submitting the declaration of withdrawal. The consumer bears the direct costs of the return if the landlord has informed him of this. If the consumer has expressly requested that the service be started during the withdrawal period and has been informed of the pro rata reimbursement of costs in the event of partial provision of the service, he must pay the landlord an amount which, compared to the contractually agreed total price, corresponds in proportion to the services provided up to the withdrawal.
• 11.2. Other rights of withdrawal (KSchG, ABGB):
• Withdrawal due to non-occurrence of relevant circumstances (§ 3a KSchG): Consumers can withdraw from the contract if relevant circumstances that the landlord has presented as likely (e.g. availability of certain accessories, approval for a specific installation location by third parties) do not occur or only to a significantly lesser extent and the consumer did not cause the non-occurrence himself. The withdrawal period is one week from the consumer becoming aware of the non-occurrence if he has been informed of this right of withdrawal; otherwise the deadline is extended.
• Withdrawal from door-to-door sales (§ 3 KSchG): If the requirements of the FAGG are not met (e.g. fee below 50 EUR for AGV), a right of withdrawal according to § 3 KSchG may exist if the consumer has neither submitted his contractual declaration at the landlord's business premises nor initiated the business relationship himself. The deadline is 14 days.
• Statutory rights of withdrawal according to the ABGB (e.g. in the event of delay, impossibility, defects): The general statutory rights of withdrawal, in particular those due to the landlord's default in performance (§ 918 ABGB) or due to significant defects in the rental property (cancellation within the scope of the warranty, see point 10), remain unaffected by the General Terms and Conditions.
• 11.3. Cancellation conditions (contractual right of withdrawal for a fee): Regardless of the statutory rights of withdrawal, the landlord can grant the customer (both consumer and entrepreneur) a contractual right to withdraw from the contract (cancellation) against payment of a cancellation fee. Such cancellation conditions must be agreed clearly and transparently in the rental agreement or in the order confirmation.
• Staggering of cancellation fees: The amount of the cancellation fee can be staggered depending on how long before the agreed rental start date the cancellation takes place (e.g. X% of the rent for cancellation up to Y days before). Usual cancellation rates range between 10% and 100% of the order value.
• Example staggering:
• Cancellation up to 30 days before the start of the rental period: 10% of the agreed total rent.
• Cancellation 29 to 15 days before the start of the rental period: 25% of the agreed total rent.
• Cancellation 14 to 3 days before the start of the rental period: 50% of the agreed total rent.
• Cancellation less than 3 days before the start of the rental or if the rental is not picked up/accepted: 100% of the agreed total rent.
• Assertion: The cancellation fee is due upon receipt of the customer's cancellation notice by the landlord.
• Judicial right of moderation:
• B2C: Cancellation fees (fine fees) are subject to judicial moderation within the scope of application of the KSchG if they are excessive. The court takes into account the damage caused to the landlord as a result of the withdrawal and the consumer's fault. There will be no reduction if the cancellation fee does not cover the actual damage.
• B2B: Outside of the KSchG, cancellation fees (removal fees) are generally not subject to judicial moderation unless they are immorally high.
• No cancellation fee when exercising statutory rights of withdrawal: There is no cancellation fee to be paid for exercising a statutory right of withdrawal (e.g. according to FAGG, KSchG or ABGB).
• Cancellation due to bad weather: A special regulation can be agreed for cancellations due to demonstrably bad external conditions (heavy rain, storm warning) that make safe use of the rental property impossible (e.g. free cancellation or possibility of rebooking up to a certain point in time before the start of the rental period). This is an important customer-friendly aspect for outdoor event modules, but it must be clearly defined (e.g. official weather warning as proof). Clear communication of the cancellation conditions, in particular the distinction between statutory cancellation rights (usually free for consumers) and contractual cancellation options (for a fee), is essential to avoid misunderstandings. The exception to the FAGG right of withdrawal for leisure services at a certain time or period (§ 18 Para. 1 Z 10 FAGG) is for Happy Fun GmbH is of great importance and should, if applicable, be clearly communicated in the cancellation policy for consumers.

Early termination of the contract by the landlord

• 12.1. Important reasons: The landlord is entitled to terminate the rental agreement without notice for important reasons. An important reason exists in particular, but not exclusively, if:
• the tenant is in serious default with the payment of the rent due or an agreed deposit despite a reminder and the setting of a reasonable grace period of at least (i.e. the arrears reach a certain amount or last a certain time).
• the tenant uses the rental property in a significantly disadvantageous manner, continues to use it in violation of the contract despite a warning, leaves it to third parties without authorization or significantly endangers the rental property by neglecting the duty of care incumbent on him.
• the tenant violates essential provisions of these General Terms and Conditions or the rental agreement and does not stop this violation despite a written warning and a reasonable deadline for remediation.
• insolvency proceedings are opened against the tenant's assets or are dismissed due to insufficient assets to cover costs, or if circumstances arise which indicate a significant deterioration in the tenant's financial circumstances and endanger the fulfillment of the contractual obligations.
• When concluding the contract, the tenant provided false information about his identity or creditworthiness that was essential for concluding the contract.
• the holding of the event for which the rental property was rented becomes impossible or is officially prohibited for reasons for which the tenant is responsible. The landlord should always give notice of termination for good cause without unnecessary delay after becoming aware of the reason for termination, as waiting longer could be viewed as a tacit waiver of the reason for termination.
• 12.2. Consequences of early termination: In the event of a justified termination without notice by the landlord, the tenant is obliged to return the rental property to the landlord immediately. The landlord is entitled to claim damages caused by the early termination of the contract. This can include the outstanding rent for the remaining term (taking into account what the landlord has saved or failed to save by renting it out elsewhere) as well as any additional costs. Payments already made by the tenant will be offset against the claim for damages.

Retention of title (for rental purchase or sale of accessories) This clause is only relevant if the Happy Fun GmbH In addition to pure rental, we also offer rent-to-own models or sell accessories/consumables. It is not applicable to pure rental agreements as ownership remains with the landlord.

• 13.1. Simple retention of title: If the Happy Fun GmbH delivers goods to the customer as part of a rental purchase agreement or a separate purchase agreement (e.g. for accessories, consumables), these remain the sole property of the customer until the entire purchase price has been paid in full, including all additional claims (e.g. shipping costs, expenses). Happy Fun GmbH. The retention of title must be effectively agreed, ideally in the offer and in the order confirmation. A note only on the invoice is usually ineffective.
• 13.2. Rights and obligations of the customer under retention of title: The customer is obliged to treat the goods subject to retention of title with care and to protect them from damage, loss or access by third parties (e.g. seizure). If third parties access the reserved goods, the customer has ownership of them Happy Fun GmbH and to notify them immediately in writing. The customer may use the reserved goods without the express written consent of the Happy Fun GmbH neither pledged nor assigned as security.
• 13.3. Extended retention of title (B2B only): This clause only applies to customers who are entrepreneurs. The entrepreneurial customer is entitled to resell the reserved goods in the ordinary course of business as long as he meets his payment obligations to the Happy Fun GmbH complies and is not in default of payment. However, this right to resell is only permitted on the condition that the customer agrees to this Happy Fun GmbH in good time in advance, stating the name/company and the exact (business) address of its customer and the Happy Fun GmbH agrees to the sale. In the event of consent to the resale, the entrepreneurial customer hereby assigns all claims arising from the resale of the reserved goods against his customers, including all ancillary rights, as security in the amount of the outstanding claim Happy Fun GmbH to them (advance assignment clause). The Happy Fun GmbH hereby accepts this assignment. The customer is obliged to notify his customers of the assignment upon request Happy Fun GmbH and to provide all information and documents necessary to assert the assigned claims. The customer remains authorized to collect the assigned claims until revoked. An extended retention of title, according to which ownership should only be transferred when all claims from the business relationship have been settled, is ineffective in Austria and is not agreed.
• 13.4. Processing and connection clause (B2B only): This clause only applies to customers who are entrepreneurs. If the goods subject to retention of title are processed by the business customer, with others Happy Fun GmbH If things that do not belong to you are combined or mixed together, the company acquires it Happy Fun GmbH Co-ownership of the new item in the ratio of the invoice value of the reserved goods to the value of the other processed/combined/mixed items at the time of processing/combining/mixing. If the processing/combination/mixing is carried out in such a way that the customer's item is to be viewed as the main item, it is agreed that the customer is the Happy Fun GmbH transfers proportional co-ownership. The customer shall keep the resulting sole or joint ownership free of charge Happy Fun GmbH. The regulations of the extended retention of title (in particular the advance assignment of claims) apply accordingly to the new item created through processing, combining or mixing. Agreeing on specific processing and connection clauses is important in the B2B sector in order to protect the landlord's security rights even if the reserved goods no longer exist in their original form. Without such an agreement, the landlord's ownership would possibly be lost during processing or connection or only a weaker share of co-ownership would arise in accordance with legal regulations.
• 13.5. Claim for return in the event of default: In the event of late payment by the customer or other behavior contrary to the contract that affects the security rights of the Happy Fun GmbH is at risk, the latter is entitled to withdraw from the contract after setting a reasonable grace period and to demand the return of the goods subject to retention of title. Asserting the retention of title or taking back the goods does not automatically constitute a withdrawal from the contract, unless this is done by the Happy Fun GmbH expressly explained. The unauthorized removal of the item without legal assistance is not permitted, even if retention of title has been agreed.

Change of services / change requests (primarily B2B) This clause is particularly relevant for more complex rental agreements or rental agreements with additional services in the B2B sector. It may be less central for standard rentals of simple equipment.

• 14.1. Principle: The agreed scope of services (type and number of rental items, rental period, additional services) is binding for both parties. Changes or extensions to the scope of services require a separate agreement.
• 14.2. Request for changes from the customer (Change Request) (B2B): If the business customer wishes a change to the agreed scope of services after conclusion of the contract (e.g. other rental items, additional equipment, longer rental period, additional services), he must send this request for change in writing or in text form (e-mail). Happy Fun GmbH and specify the desired changes precisely. The Happy Fun GmbH is not obliged to agree to requests for changes. It will examine the customer's request for changes and inform the customer within a reasonable period of time (e.g. 5 working days) whether it can carry out the desired change and what effects this has on the rent, the rental period, dates and other contractual conditions (e.g. additional costs for changed or additional services, adjustment of delivery times). A change in service only comes into effect when both parties have agreed to the changed conditions in writing or in text form (e.g. through a supplementary order confirmation from Happy Fun GmbH and their acceptance by the customer). Verbal additional agreements are only effective if they are confirmed in writing. The customer bears the additional costs caused by incorrect, incomplete or subsequently changed information or requirements. Careful documentation and agreement on change requests is crucial to maintain the original balance of performance and consideration and to avoid later disputes about the scope and remuneration of additional services. A clearly defined process ensures that both parties understand and accept the implications of changes.
• 14.3. Changes to services by the landlord (B2B): Is this? Happy Fun GmbH If, for reasons for which it is not responsible (e.g. unavailability of a specific device model due to a defect or late return by a previous tenant), it is unable to deliver the exactly agreed rental item, it is entitled to offer the business customer a rental item of at least the same or higher value as a replacement. The customer will be informed of this immediately. If the customer does not accept the replacement service, both parties can withdraw from the contract without resulting in any claims for damages, unless the non-availability is due to intent or gross negligence on the part of the customer Happy Fun GmbH attributed. Rental price increases due to a higher quality replacement service will only take place with the express consent of the customer. A unilateral change in service by the landlord to consumers is only permitted under very strict conditions and usually requires the consent of the consumer, unless the change is minor and objectively justified.
• 14.4. Additional costs: As desired by the customer and by the Happy Fun GmbH Additional costs arising from accepted service changes or extensions (e.g. for higher quality equipment, longer rental periods, additional transport or personnel costs) are to be borne by the customer in accordance with the separate agreement or the then valid price list Happy Fun GmbH to wear.

Data protection

• 15.1. Processing of personal data: The Happy Fun GmbH processes the customer's personal data (name, address, contact details, date of birth for consumers, bank details, contract data, etc.) exclusively within the framework of the legal provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG), for the purpose of initiating, fulfilling and processing contracts (Art. 6 Para. 1 lit. b GDPR), to fulfill legal obligations (Art. 6 Para. 1 lit. c GDPR, e.g. retention obligations according to UGB, BAO) and to protect the legitimate interests of the landlord (Art. 6 Para. 1 lit. f GDPR, e.g. credit checks for entrepreneurs, assertion of claims). The customer can find detailed information about data processing, the rights of the data subjects (information, correction, deletion, restriction, objection, data portability, right to complain to the data protection authority) and the contact details of the person responsible and any data protection officer in the separate data protection declaration Happy Fun GmbH, which can be accessed on the website at any time and can also be made available to the customer in a different form upon request. The landlord must ensure that customers, especially consumers, receive this information before or upon conclusion of the contract.
• 15.2. Information obligations and consent: The landlord complies with its information obligations in accordance with Articles 13 and 14 GDPR. For processing that is not based on one of the legal bases mentioned above (e.g. marketing purposes that do not fall under legitimate interests), the Happy Fun GmbH a separate, voluntary consent from the customer (Art. 6 Para. 1 lit. a GDPR). Consent given can be revoked at any time with future effect. Landlords may request relevant documents such as identity cards (to verify identity), salary slips and credit reports (to check solvency), but must observe the principle of data minimization and may only collect the data actually required for the purpose of the contract. Questions about sensitive data such as religion, political views or health status are not permitted.
• 15.3. Data security: The Happy Fun GmbH takes appropriate technical and organizational measures to ensure the security of the customer's personal data and to protect it from unauthorized access, loss or destruction.
• 15.4. Passing on of data: Personal data will only be passed on to third parties if this is necessary to fulfill the contract (e.g. to transport companies, payment service providers), is required by law or if the customer has given his express consent. If contract processors are used, the Happy Fun GmbH ensure through appropriate contracts (order processing contracts in accordance with Art. 28 GDPR) that they also comply with data protection regulations.

Confidentiality (primarily B2B)

• 16.1. Confidential information: The contracting parties undertake to keep strictly secret all information that becomes known to them in the course of the business relationship that qualifies as business or trade secrets of the other party or that is obviously of a confidential nature (hereinafter “Confidential Information”) and not to pass it on to third parties or use it for purposes other than those contractually agreed upon without the express written consent of the other party. A trade secret is information that is secret, has commercial value because it is secret, and is subject to reasonable confidentiality measures by the owner. This obligation continues to apply even after termination of the contractual relationship.
• 16.2. Exceptions: Excluded from the obligation of confidentiality are information,
• which were already demonstrably known to the receiving party before disclosure by the other party,
• which are or become publicly known without this being based on a breach of this confidentiality obligation,
• which were lawfully disclosed to the receiving party by a third party without any obligation of confidentiality,
• which must be disclosed due to legal obligations or official or court orders. The disclosing party will, to the extent permitted, promptly inform the other party of such disclosure obligation.
• 16.3. Protection of documents and intellectual property: plans, sketches, cost estimates, drafts, concepts and other documents provided by the Happy Fun GmbH created and handed over to the customer as part of the contract initiation or execution remain the intellectual property of Happy Fun GmbH and are subject to copyright protection where applicable. Any use, reproduction, distribution to third parties or publication of these documents, even in extracts, requires the express written consent of Happy Fun GmbH, unless this is absolutely necessary to fulfill the purpose of the contract. These documents are available upon request Happy Fun GmbH, but at the latest if the contract is not concluded or terminated, it must be returned immediately. The agreement on appropriate remuneration for the use of designs or concepts, even if the main order is not placed, can be made separately. Without such an agreement, use beyond the contractual purpose is not permitted.
• 16.4. Contractual penalty (B2B only): For each case of culpable violation of the confidentiality obligations in accordance with this Section 16 by the business customer or his vicarious agents, the customer undertakes to pay a contractual penalty in the amount of EUR, which is not subject to the judicial right of moderation, unless the moderation is mandatory by law. The assertion of any additional damages as well as claims for injunctive relief remains Happy Fun GmbH unaffected.

Alternative dispute resolution (AS) and online dispute resolution (OS) for consumers

• 17.1. Information in accordance with Section 19 Para. 3 AStG (Alternative Dispute Resolution Act): The landlord informs consumers that in order to resolve disputes with consumers arising from online rental agreements or other services provided online, it agrees/does not agree (select what applies and adapt if necessary) to take part in a procedure before one or more of the following recognized consumer arbitration bodies (AS bodies). The AS offices potentially responsible for the landlord are (examples, please check and adjust whether Happy Fun GmbH whether or not to submit to one or more):
• Arbitration for consumer transactions: Mariahilfer Straße 103, Stiege 1, Top 18, 1060 Vienna, website: https://www.verbraucherschlichtung.at. This body is responsible for all types of consumer transactions for which no other industry-specific ADR body is responsible.
• Internet Ombudsman: Ungargasse 64-66/3/404, 1030 Vienna, Website: https://www.ombudsstelle.at (formerly Internet Ombudsman). This office is responsible for disputes arising from contracts concluded over the Internet. In addition to the Internet Ombudsman, the Consumer Arbitration Board is usually responsible for online disputes. In the event of a specific dispute, the landlord will inform the consumer on paper or another durable medium (e.g. email) whether it will take part in proceedings before the responsible AS office(s). The need to provide this information in the General Terms and Conditions arises if the entrepreneur voluntarily undertakes to participate or is legally obliged to do so. Even if there is no obligation to participate, information must be provided in the event of a specific dispute.
• 17.2. Information on the OS platform in accordance with the ODR Regulation (Art. 14 Para. 1 ODR-VO): For consumers who conclude rental agreements with the landlord online (online rental agreements), there is the option of using the EU Commission's platform for online dispute resolution (OS platform). The OS platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. The landlord's email address, which can be provided in connection with the OS platform, is:. This information (link to the OS platform and email address) must be easily accessible to consumers, e.g. on the landlord's website and in these General Terms and Conditions. If the landlord is obliged to participate in an AS procedure or has voluntarily undertaken to do so, a mere link to the OS platform is not sufficient; An explanatory text is required about the existence of the OS platform and the possibility of using it. Providing this information is mandatory for companies that enter into online sales contracts or online service contracts with consumers. Incorrect or omitted information can lead to warnings or administrative penalties.

Applicable Law and Place of Jurisdiction

• 18.1. Applicable law: Austrian law applies exclusively to all rental agreements between the landlord and the customer as well as to all rights and obligations arising therefrom or in connection therewith. For consumers (B2C): This choice of law only applies to the extent that the consumer is not deprived of the protection granted to him by mandatory provisions of the law of the state in which he has his habitual residence (Art. 6 Rome I-VO). This means that more favorable mandatory consumer protection provisions of the consumer's home country remain applicable despite the choice of Austrian law. The landlord advises against using a choice of law clause in general terms and conditions for consumers without detailed legal advice, as the transparency requirement requires clear and understandable clauses. Without a choice of law, the law of the country in which the consumer has his or her habitual residence would generally apply to contracts with consumers from other EU countries. For entrepreneurs (B2B): In business transactions with entrepreneurs, the application of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG) is expressly excluded if it concerns purchase or work supply contracts for movable property that would fall within its scope of application. In any case, the UN Convention on Contracts for the International Sale of Goods is not directly applicable to pure rental contracts; the exclusion serves to clarify the situation in the case of mixed contracts or uncertainties.
• 18.2. Place of jurisdiction: For consumers (B2C): For lawsuits against a consumer who has his or her place of residence or habitual residence in Germany or is employed in Germany, the court in whose district the consumer has his or her place of residence, habitual residence or place of employment is responsible (§ 14 KSchG). In addition to the general places of jurisdiction, the place of jurisdiction at the place where the consumer has his place of residence is also responsible for lawsuits brought by the consumer against the landlord, provided this is within the country. Agreements regarding the place of jurisdiction with consumers are only permitted to a very limited extent and must comply with legal requirements. For entrepreneurs (B2B): For all disputes arising from or in connection with rental agreements between the landlord and entrepreneurs, including disputes about their formation, validity, change or termination, the exclusive place of jurisdiction is that for the registered office of Happy Fun GmbH the factually and locally responsible court in Austria is agreed. In international transactions with entrepreneurs, agreeing on an Austrian place of jurisdiction can make sense, but it must be considered in each individual case whether lawsuits abroad could lead to success more quickly.

Final provisions

• 19.1. Written form: Changes or additions to these General Terms and Conditions or the rental agreements concluded on their basis must be in writing to be effective. This also applies to the waiver of this written form requirement itself. Verbal additional agreements do not exist or are only effective if they have been confirmed in writing by the landlord. For consumers (B2C): The written form requirement does not apply to declarations from the consumer to the landlord if the law does not prescribe a stricter form. Declarations from the landlord to the consumer do not require written form to be effective, unless the law or these General Terms and Conditions provide otherwise. Compliance with the written form is particularly important in the B2B sector in order to avoid difficulties in proving agreements made.
• 19.2. Severability clause: Should individual provisions of these General Terms and Conditions or the rental agreements concluded on their basis be or become wholly or partially ineffective or unenforceable, this will not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, an effective and enforceable provision is deemed to be agreed which comes closest to the economic purpose of the ineffective or unenforceable provision, taking into account the interests of both parties. The same applies if the contract turns out to be incomplete. For consumers (B2C): In relation to consumers, an invalid clause is replaced by the corresponding legal regulation. A reduction of an ineffective clause that is detrimental to the consumer to the level that is still permissible is generally not permitted; the clause is then completely ineffective. The primary purpose of the severability clause is to ensure the validity of the remainder of the contract if a clause proves to be ineffective.
• 19.3. Prohibition of assignment (for customers): The customer is not entitled to assign or transfer his rights and obligations under the rental agreement to third parties without the landlord’s prior express written consent. For entrepreneurs (B2B): A ban on assignment between entrepreneurs may be void if it severely disadvantages the other party. This clause should therefore be used with caution in the B2B sector and checked on a case-by-case basis.
• 19.4. Changes to the General Terms and Conditions: The landlord reserves the right to change these General Terms and Conditions at any time for future transactions. The current version of the General Terms and Conditions is published on the landlord's website and brought to the attention of the customer when a new contract is concluded. For ongoing long-term obligations (e.g. long-term rentals) with entrepreneurs: The landlord can notify the business customer of changes to these terms and conditions in writing or by email, giving a reasonable notice period (e.g. two months) before the planned entry into force. The business customer's consent to the changes is deemed to have been given if he does not object in writing within a reasonable period of time set in the notification (e.g. four weeks from receipt of the notification). In the notice of change, the landlord will separately inform the business customer of the significance of his silence and the consequences of failing to object. For consumers (B2C): A change to the terms and conditions during an ongoing contract with a consumer is only effective with their express consent.
• 19.5. Language: The contract language is German. All communications, documents and these Terms and Conditions are written in German.

Conclusion These general terms and conditions form the basis for a fair and transparent contractual relationship between Happy Fun GmbH and their customers. It is recommended that you read these Terms and Conditions carefully and contact us if you have any questions Happy Fun GmbH to record. For the effectiveness of the General Terms and Conditions, their correct inclusion in the respective rental agreement is crucial. The Happy Fun GmbH strives to comply with all legal requirements, particularly in consumer protection, and to enable a positive rental experience.

As of: May 19, 2025