GTC
GENERAL TERMS AND CONDITIONS OF SK STURM WIRTSCHAFTSBETRIEBE GMBH (hereinafter referred to as ‘GTC’)
**For the sake of readability, the masculine form is used, but all genders are addressed equally.
As of July 2025
1. General
1.1 Scope of validity
The following general terms and conditions of business and delivery (hereinafter referred to as ‘GTC’) of SK Sturm Wirtschaftsbetriebe GmbH (hereinafter referred to as ‘SK Sturm’) apply, unless otherwise agreed, to all current and future agreements and sales transactions between SK Sturm and the customer/purchaser in the version valid at the time of conclusion of the purchase contract. By placing an order, the customer agrees to these GTC. These GTC also apply to all future transactions, even without express agreement. Amendments and additions to the GTC as well as verbal agreements that deviate from the content of these GTC shall only be effective with written confirmation by SK Sturm. SK Sturm expressly rejects any general terms and conditions or purchasing conditions of the customer. Any general terms and conditions submitted by the customer that deviate from these General Terms and Conditions shall not be valid unless their validity has been expressly agreed in writing.
1.2 Prices, shipping costs, due date and default
The product prices quoted by SK Sturm in euros are final prices including statutory value added tax and excluding shipping costs. Shipping costs are shown separately during the ordering process. No shipping costs are charged for all deliveries within Austria. For deliveries to Germany, 7.99 euros are charged. For deliveries to other countries (including non-EU countries), 19.99 euros are charged (see shipping information shop.sksturm.at). If other value limits apply (e.g. during promotional periods), these will be announced on the website or via other communication channels. Unless a discount has been expressly agreed, the customer is not entitled to a discount. Unless otherwise agreed, the purchase price is generally due immediately upon placement of the order by the customer.
SK Sturm accepts the following payment options:
PayPal: The customer will receive the details of the PayPal account to which payment is to be made after placing the order. Payment is processed by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com.
Credit card (Mastercard, VISA): The charge will be made immediately after the order is placed. Any fees incurred are to be borne by the customer.
Sofort AG: In the event of late payment, interest on arrears at the statutory rate will be charged from the due date of the claim. Furthermore, in the event of late payment in transactions between companies, a flat-rate compensation fee of €40.00 will be charged for collection costs. Any further (statutory) claims remain unaffected.
If the customer is not a consumer, any complaint about the goods does not entitle them to withhold the purchase price owed to SK Sturm. Offsetting own claims against the claims of SK Sturm is not permitted unless the claim is undisputed or has been legally established or is not related to the customer's liabilities.
1.3 Stadium regulations
The purchaser or holder of a ticket expressly declares that they have read the stadium regulations of SK Sturm, the regulations of the Austrian Football League (ÖFBL) and the Austrian Football Association (ÖFB) and the General Terms and Conditions of SK Sturm Wirtschaftsbetriebe GmbH and unreservedly and irrevocably agrees to comply with these regulations. The stadium regulations are displayed at the Merkur Arena and can be viewed at https://sksturm.at/c/stadionor.... The Bundesliga guidelines are available online at https://www.oefbl.at/de/admira...;
2. Terms and conditions for purchasing goods and services via the SK Sturm online shop
2.1 Scope of validity
The official SK Sturm online shop can be accessed at https://shop.sksturm.at/sturm-.... The purchase of goods and services is subject exclusively to the terms and conditions set out below, which you also accept during the ordering process or registration.
2.2 Customer registration
Orders in the SK Sturm online shop are only possible after prior registration and creation of a customer account. The data collected during registration and use of the customer account will be processed in accordance with the privacy policy. Further information can be found at https://sksturm.at/c/datenschu.... The customer undertakes to treat their access data confidentially and not to pass it on to third parties. The customer is responsible for all activities carried out via their customer account. If unauthorised use of the customer account is detected, the customer is obliged to inform the provider immediately. The customer is obliged to keep the personal data stored in their customer account up to date at all times, in particular the delivery address and contact details. The customer can delete their customer account at any time without giving reasons. Deletion is effected by sending a corresponding notification to the provider. SK Sturm reserves the right to temporarily block or permanently delete a customer account if there are indications of misuse or if these General Terms and Conditions have been violated.
2.3 Conclusion of contract
All offers made by SK Sturm are invitations to the customer to submit an offer. Offers made by SK Sturm are subject to change. The customer's order constitutes a binding offer by the customer to conclude a contract. Confirmation of receipt of the order is sent after the order has been submitted by means of an automated email (order confirmation), which does not yet constitute acceptance of the contract. The contract only becomes legally effective upon confirmation of the order by SK Sturm or upon actual performance of the service to the customer.
2.4 Delivery
SK Sturm will execute the order without undue delay. If the ordered goods are in stock, they will generally be shipped within one week of receipt of payment. However, delivery dates and times are non-binding and are only indicative unless they are expressly declared to be binding in writing. Unless otherwise agreed, the delivery address specified by the customer is decisive for the delivery. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not specified the delivery address correctly, the customer shall bear the costs of the unsuccessful delivery. If the customer is not a consumer, they undertake to report any transport damage to SK Sturm and the shipping company, post office or other carrier in writing or by email immediately after discovery. SK Sturm reserves the right to ship multiple-item orders either separately or collectively at its discretion, particularly if the quantities ordered are not available at once.
2.5 Transfer of risk
If the customer is a consumer, the general statutory provisions on the transfer of risk apply. For deliveries to businesses, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer as soon as the goods are handed over to the carrier or transport company.
2.6 Cancellation policy
Customers who are considered consumers may withdraw from a distance contract or a contract concluded outside of business premises within 14 days without giving reasons. The information on the conditions and consequences of withdrawal is set out in the following cancellation policy:
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal 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 or on which you or a third party named by you, who is not the carrier, took possession of the last goods, partial shipment or last item. To exercise your right of withdrawal, we recommend that you use the withdrawal form available in the online shop. However, this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of revocation:
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. The costs for returns for orders outside Austria are not borne by Sturm Graz. The return must be sent at your own expense. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exceptions to the right of withdrawal:
The right of withdrawal does not apply in particular to orders for the following goods:
• Goods that, due to their nature, have been inseparably mixed with other goods after delivery;
• Goods that are manufactured according to customer specifications or clearly tailored to personal needs (e.g. individually flocked jerseys);
• Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, provided that their seal has been removed after delivery;
• Goods or services whose price depends on fluctuations in the financial market over which SK Sturm has no influence and which may occur within the withdrawal period;
• Goods that can spoil quickly or whose expiry date would be quickly exceeded:
• Newspapers, magazines or illustrated magazines, with the exception of subscription contracts for the delivery of such publications, and
• Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the financial market over which SK Sturm has no influence.
• Furthermore, customers do not have a right of withdrawal for the following contracts:
• the purchase of tickets, football camps and guided tours, as well as all services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the fulfilment of the contract by the entrepreneur (leisure services within the meaning of Section 18 (1) (10) FAGG). This means that if SK Sturm offers services in the field of leisure activities (ticket shop), in particular tickets for events, there is no right of withdrawal. Any order for admission tickets is therefore binding immediately after confirmation by SK Sturm and obliges the customer to accept and pay for the tickets ordered.
• Audio or video recordings or computer software delivered in sealed packaging, provided that the seal has been removed after delivery.
2.7 Retention of title
The delivered goods remain the property of SK Sturm until all claims arising from the contract, including interest, discounts unjustifiably retained by the customer or deductions not recognised by SK Sturm, costs incurred and the like, for whatever legal reason, have been paid.
As long as a retention of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe the duty of care. Pledging or transfer by way of security before full payment is excluded. If the goods are seized or confiscated or accessed in any other way by third parties, the customer must indicate SK Sturm's ownership, inform SK Sturm immediately and provide SK Sturm with all information and documents necessary to enforce its ownership rights.
2.8 Warranty
If the customer is a consumer, the general statutory provisions of warranty law apply. The warranty refers to the statutory liability for defects that the purchased goods exhibit at the time of delivery to the customer. Defects that only become apparent at a later date are generally not covered by the warranty. In the event of a warranty claim, SK Sturm is entitled to repair or replace the goods. Only if the repair or replacement is impossible or would involve disproportionate effort on the part of SK Sturm, or if SK Sturm is unable to comply with the request for replacement or repair within a reasonable period of time, is the customer entitled to request a price reduction or rescission (complete cancellation of the contract).
If the customer is not a consumer, the customer must check the goods immediately upon receipt for completeness and conformity with the order. Obvious defects must be reported in writing immediately upon receipt, defects that are recognisable upon proper inspection within 8 days of receipt, and other defects within one week of their discovery, with a detailed description of the defect. If no complaint is made, acceptance shall be deemed to have taken place and any warranty shall be excluded. In the event of a proper complaint, the provisions of warranty law shall apply. A warranty period of one year is agreed between customers who are not consumers and SK Sturm.
2.9 Manufacturer's warranty
If a manufacturer has made a voluntary commitment that the goods will function properly for a certain period of time (manufacturer's warranty), the manufacturer's relevant warranties shall apply. The conditions and restrictions of the respective manufacturer's warranties can be found in the respective warranty provisions.
2.10 Liability
If the customer is a consumer, the general statutory liability provisions shall apply. Liability for slight negligence in the case of property damage is excluded. Claims for damages shall become time-barred within 3 years of knowledge of the damage and the party responsible for it.
If the customer is not a consumer, SK Sturm shall not be liable for a specific result and in any case only for grossly negligent breaches of duty and at most up to the fair market value of the goods ordered by the customer. Liability for slight negligence is excluded. Furthermore, SK Sturm is only liable for typical and foreseeable damage, i.e. damage that could reasonably be expected to occur at the time of conclusion of the contract based on the circumstances known at that time. Claims arising from consequential damage caused by defects, as well as from damage for which the customer can obtain insurance cover or which can be controlled by the customer, from other indirect damage and losses or loss of profit, as well as general financial losses, in particular from defective, omitted or delayed performance, are expressly excluded. The claims for damages to which the customer, who is not a consumer, is entitled in accordance with the above provisions shall become time-barred within six months of knowledge of the damage and the party responsible for it.
2.11 Force majeure
Insofar as the customer is not a consumer, force majeure or other unforeseen obstacles within the sphere of SK Sturm shall release it from compliance with the agreed obligations. Force majeure shall include, in particular, operational and traffic disruptions, improper performance by subcontractors, transport interruptions or production stoppages; for the duration of the aforementioned hindrance, SK Sturm shall be released from its obligation to perform without the customer being entitled to a price reduction or other compensation.
3. Provisions governing the purchase of goods and services via the official sales outlets of SK Sturm
The General Terms and Conditions set out here apply mutatis mutandis to the purchase of goods and services via the official sales outlets of SK Sturm .
4. Provisions governing the purchase of tickets via the SK Sturm online shop
4.1 Scope
These provisions apply to all tickets for SK Sturm team matches, regardless of whether they were purchased in the online ticket shop or at one of the local sales outlets.
4.2 Scheduling of matches
The final dates of Bundesliga matches are only announced by the Austrian Football League a few weeks before the respective matches. Therefore, the dates you find on our website and in our online ticket shop may be provisional. In the event of a change in the time or location of the event, in particular if a league match has not yet been definitively scheduled by the football associations or league association at the time of ordering the ticket, there is no entitlement to a refund of the admission price. The same applies in the event of a match being abandoned, provided that it is repeated at a later date. In such cases, the tickets remain valid. For important reasons, the allocation of tickets to specific seats may be changed. Claims for compensation due to obstructed views are excluded. In such cases, the ticket price (including fees) will not be refunded.
If a game in progress is interrupted and not repeated, there is no entitlement to a refund of the admission price. This does not apply if intentional or grossly negligent behaviour on the part of SK Sturm led to the game being interrupted. In this case, a refund will only be made upon presentation of the original ticket. No replacement will be provided in the event of loss. Tickets cannot be exchanged under any circumstances. Tickets lost or destroyed by the customer will not be replaced or refunded. The return of tickets or the refund of admission fees as a gesture of goodwill is at the discretion of SK Sturm in each individual case. Individual tickets are valid for the match specified on the ticket.
4.3 Resale of tickets
In order to prevent violence and criminal offences in connection with attending events, to enforce stadium bans, to prevent the resale of tickets at inflated prices, to separate supporters of the opposing teams during a football match and to comply with legal or official requirements, it is in the interest of SK Sturm to restrict the transfer of tickets.
The customer is therefore not permitted to
a.) offer tickets for sale on internet auctions (e.g. eBay, Amazon, viagogo, willhaben) or other internet marketplaces, or in any other way publicly, if there is a possibility that this could result in a price being achieved that exceeds the club's selling price.
b.) pass on tickets to supporters of visiting clubs, either for a fee or free of charge.
c.) Sell tickets commercially or use them in competitions, travel or hospitality offers or publicly for advertising or marketing purposes without the express prior written consent of SK Sturm.
d.) Pass on tickets, either for a fee or free of charge, to persons who are subject to a national stadium ban.
SK Sturm reserves the right to refuse to sell tickets in future to persons who violate the above prohibitions and to block existing tickets without compensation; in the case of a season ticket contract or membership, to terminate the corresponding contract with immediate effect for good cause; and to impose a stadium ban and/or initiate further civil and/or criminal proceedings. Upon request, the customer is obliged to provide the names, dates of birth and addresses of the persons to whom he has passed on the tickets.
SK Sturm also reserves the right to make the sale of more than ten (10) tickets to one person subject to separate approval and release. This is done by submitting a request to SK Sturm and obtaining written confirmation.
4.4 Stadium regulations
By purchasing a ticket and entering the stadium, the respective persons agree to abide by the stadium regulations posted at the venue and the present General Terms and Conditions. In the interests of safety and the orderly and smooth running of the event, ticket holders are obliged to follow the instructions of SK Sturm, security personnel and the police. Access to the stadium is only possible after passing through security checks. Violations of the General Terms and Conditions and/or the house rules may be punished with expulsion from the stadium without prior notice or warning and without refund of the admission price. Banners may only be brought into the stadium with the permission of SK Sturm. In the stadium, the collection and/or transmission, production or distribution of any information or data relating to the course of the game, behaviour or other factors in connection with the game, as well as any kind of recording of audio, video or audiovisual material of the game (whether through the use of electronic devices or by other means) for the purpose of any form of betting, gambling or commercial activities that has not been approved in advance or that violates the general terms and conditions is strictly prohibited, unless express permission has been granted in advance by SK Sturm and the Austrian Football League. Mobile devices may only be used for personal, private use. Visitors who violate the above provisions may be denied access to the stadium or may be expelled from the stadium. Visitors who violate the above provisions shall be liable to SK Sturm for any damage incurred as a result, in particular if the violation infringes the exclusive rights of third parties, for compliance with which the ÖFBL and SK Sturm are liable. It is prohibited to bring cameras and other image/film and sound recording devices for commercial use without prior permission. Fireworks, bottles, cans, intoxicants and pets are strictly prohibited.
4.5 Ticket discounts
Discounted tickets (young people up to 18 years of age, apprentices, schoolchildren and students up to 26 years of age, pensioners, people with disabilities, conscripts) are only valid in conjunction with a valid photo ID or disability card. Children's tickets are valid for ages 3 to 13 (for children between 0 and 2 years of age, free lap tickets can be purchased on the day of the game). Only one discount can be claimed per ticket purchase. Multiple discounts cannot be combined. The highest possible applicable discount is always automatically taken into account.
4.6 Loss and use of tickets
SK Sturm will not provide a replacement if a ticket is lost. Please note that print@home tickets and mobile tickets must not be made accessible to third parties and must be kept safe. Admission to the event is based on the principle of first come, first served. The print@home ticket or mobile ticket that is first redeemed with its unique identification is considered the valid admission ticket. Subsequent admission tickets with the same identification are automatically invalidated by the previous admission.
4.7 Image and sound recordings
Ticket holders are not permitted to record sound, images, descriptions or results of the event (except for private purposes) or to transmit or distribute them in whole or in part via the Internet or other media (including mobile communications) or to assist other persons in such activities without the prior consent of SK Sturm. Devices or equipment that can be used for such activities may not be brought into the stadium without the prior consent of SK Sturm. Photos and images taken by ticket holders during a match may only be used for private purposes. Any commercial use, regardless of the manner and by whom, requires the prior written consent of SK Sturm
4.8 Secondary ticket market
Season ticket holders in the Admiral Bundesliga can voluntarily use the secondary ticket market. SK Sturm Wirtschaftsbetriebe GmbH is responsible for activating individual Bundesliga matches and can terminate this at any time.
Season ticket holders can offer their season tickets for individual matches that are sold out to third parties via the secondary ticket market in the online shop. If the ticket is successfully sold to another person, the season ticket is automatically blocked for that individual match. Season ticket holders can decide for themselves how long the offer is available on the secondary ticket market and, as long as no third party has purchased the ticket, can remove the ticket at any time and attend the match themselves with their season ticket. Season ticket holders will receive an email with the current status of the sale. The pro-rata price for the season ticket for this game (minus a processing fee) will be refunded within 4 weeks to the bank account specified in the season ticket holder's customer account.
Purchasers of a ticket from the secondary ticket market will receive their own day ticket by email.
Tickets for the respective game can be booked in the online shop in the same way as regular tickets. The present terms and conditions also apply here. The price is based on the respective day ticket price plus a processing fee. In addition, reference is made here to sub-section 4.2 regarding refunds.
4.9 Ticket transfer Hospitality areas & cooperation partners
The ticket transfer offer is available to season ticket holders in the GRAWE VIP Club 1909, Longin GRAWE Club 1909 and Sportsbar – DAS EGGENBERG hospitality areas in the Admiral Bundesliga and in the international league phases (competition depending on qualification). Cooperation partners of SK Sturm Wirtschaftsbetriebe GmbH can also use the ticket transfer for public tickets, provided they have a season ticket for the Admiral Bundesliga or an international league phase.
SK Sturm Wirtschaftsbetriebe GmbH is responsible for activating the transfer for individual matches and can terminate it at any time. Tickets can be transferred approximately 3 weeks before the match (subject to change). Season ticket holders can transfer their season tickets free of charge as day tickets to friends, acquaintances, customers and guests for individual matches using the transfer tool in the online shop. If a season ticket is transferred to a third party for a specific match, the season ticket is blocked for that match. The third party will receive their own day ticket at the email address provided by the season ticket holder. A successful transfer cannot be cancelled.
4.10 Season tickets
A season ticket (also known as an annual ticket or subscription) is a ticket that allows a fan to attend all home matches of a football club throughout the entire season. SK Sturm offers the types of season tickets listed below. Depending on the type, these are valid for selected SK Sturm matches at the Merkur Arena or at another venue where the relevant matches take place, for the season or the respective competitions for which they were purchased. The order of a season ticket is binding – subsequent withdrawal or cancellation is not possible. (see point 2.6)
Only one season ticket can be purchased per person. The season ticket is generally transferable. Information on this can be found in sections 4.8 and 4.9.
If the season ticket is lost, the owner undertakes to report the loss or theft. Upon presentation of the loss or theft report, a duplicate season ticket can be requested after verification by SK Sturm. The ticket fee specified for the current season must be paid for the duplicate to be issued.
Any misuse of the season ticket entitles SK Sturm to withdraw it. There is no entitlement to compensation if the season ticket is withdrawn due to misuse. It should be noted in particular that mobile season tickets and QR codes should not be made accessible to third parties and must be kept in a safe place. When entering the event, the principle of first entry applies. A mobile season ticket that is redeemed first with its unique identification is considered the valid ticket. Subsequent tickets with the same identification are automatically invalidated by the previous admission.
We distinguish between the following season tickets:
• 1. Football Bundesliga:
This season ticket includes a specific seat or standing room for all home games in the first Austrian Football Bundesliga (regular season and final round) of the SK Sturm team in the current season. (Exception: blocks that have to be converted to the guest sector. Season ticket holders for this area will be relocated before the respective match). Not included are ÖFB Cup matches, test matches and international competitions.
• International:
This season ticket includes a specific seat or standing room for all SK Sturm home games during the group stage of an international competition at the venue specified by SK Sturm (UEFA Champions League, UEFA Europa League, UEFA Europa Conference League) during the current season.
• Spring subscription (subject to availability in the respective season)
5. Provisions regarding SK Sturm fan trips
5.1 Scope of validity
These provisions apply to all contractual relationships between the respective contractual partner and SK Sturm in the context of fan trips to selected matches of SK Sturm teams.
5.2 Conclusion, withdrawal
The contract is only binding once the traveller has received written confirmation of the trip (ticket) from SK Sturm.
a.) The traveller may withdraw from the fan trip at any time before the start of the service. The withdrawal must be declared to SK Sturm. The customer is advised to declare the withdrawal on a permanent data carrier. A change in the person of the traveller is possible in principle by notifying SK Sturm, but there is no entitlement to this. SK Sturm therefore expressly reserves the right to check and approve the change of person and thus the transfer. Depending on whether it is a national or international trip, the applicable requirements apply.
b.) If the traveller withdraws before the start of the service or does not embark on the booked fan trip, SK Sturm loses the right to the agreed price. Instead, SK Sturm may demand reasonable compensation,
- provided that SK Sturm is not responsible for the withdrawal and
- no extraordinary circumstances arise at the destination or in its immediate vicinity that significantly impair the performance of the booked service or – if included in the booked service – transport to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of SK Sturm and their consequences could not have been avoided even if all reasonable precautions had been taken.
The cancellation fees are specified in lit. d.). SK Sturm does not make a profit from the collection of cancellation fees; these merely cover the extra costs or fees incurred by the cancellation.
c.) Cancellation fees are also payable if the traveller does not arrive at the respective place of arrival or service at the times stated in the booking documents or if the service cannot be provided due to the absence of travel documents, such as a passport or necessary visas, for which SK Sturm is not responsible, or if the traveller does not arrive at the place of departure because he lacks the will to travel or if he does not arrive at the place of departure due to negligence on his part. passport or necessary visas, or if the traveller fails to depart because they do not wish to travel or because they miss the departure due to negligence on their part or due to an accident that has befallen them.
d.). The flat-rate cancellation fees are as follows:
- For cancellations up to seven days before departure, 50% of the agreed price;
- For cancellations less than seven days before departure, 100% of the agreed price. Note: If it is not possible to carry out the trip due to travel restrictions between the destination and Austria, this is to be classified as force majeure and the trip is therefore to be considered void. SK Sturm nevertheless recommends that all travellers take out travel and international health insurance.
e.) SK Sturm reserves the right to demand a higher, individually calculated compensation instead of the advertised total prices, provided that SK Sturm can prove that it has incurred significantly higher expenses than the applicable flat rate. In this case, SK Sturm is obliged to specify and substantiate the compensation demanded.
f.) If SK Sturm is obliged to refund part or all of the agreed price as a result of a cancellation, SK Sturm must make the refunds immediately, but in any case within 14 days of receiving the cancellation notice.
g.) The declaration of withdrawal can be submitted by registered letter, electronically by e-mail or in person with a simultaneous written declaration.
h.) SK Sturm may terminate the contract without notice if the performance of the booked service is persistently disrupted by the traveller despite a corresponding warning from SK Sturm. The same applies if a traveller behaves in such a manner contrary to the contract that immediate termination of the contract is justified.
i.) SK Sturm may withdraw from the contract before the start of the service if SK Sturm is prevented from fulfilling the contract due to unavoidable exceptional circumstances or force majeure (government orders, strikes, war, epidemics, natural disasters, etc.); in this case, SK Sturm must declare its withdrawal immediately after becoming aware of the reason for withdrawal. If SK Sturm withdraws from the contract, it loses its claim to the agreed price.
6. Provisions for events in the hospitality areas of SK Sturm
6.1 Scope of validity
These provisions apply to all contractual relationships between SK Sturm and the respective contractual partner in the context of events in the hospitality areas of SK Sturm.
6.2 Offer, conclusion of contract, payment
All offers made by SK Sturm are provided free of charge and without guarantee. Commitments, assurances and guarantees, as well as agreements of any kind, require the express consent of SK Sturm in addition to compliance with the written form requirement. Prices are generally not to be understood as flat rates unless they are expressly defined as such. A reasonable fee is payable for services ordered by the contractual partner that are not included in the basic order. The signing of the contractual partner's order confirmation constitutes a binding offer to conclude a contract.
A deposit of 50% of the usage fee is payable to confirm the booking. Please refer to the relevant order form for payment dates. In the event of late payment, a default interest rate of 5% above the base rate shall be deemed agreed. The right to assert further claims for damages caused by default is expressly reserved.
6.3 Withdrawal from the contract
The decision as to whether and to what extent an event is suitable for SK Sturm and will be approved is made solely by SK Sturm. SK Sturm may withdraw from this agreement without notice for good cause after its conclusion. Good cause shall be deemed to exist if there are unavoidable and exceptional circumstances beyond the control of SK Sturm and the consequences could not have been avoided even if all reasonable precautions had been taken. Good cause shall include, in particular, even partial non-compliance with the agreed terms of payment. The reason for withdrawal shall be communicated to the contractual partner upon request. In this case, any deposit already paid shall be refunded in full.
The contractual partner may unilaterally withdraw from the contract under the following conditions and consequences, which are expressly agreed:
• If the right of withdrawal is exercised up to 1 month before the planned date of the event, the contractual partner shall pay a cancellation fee of 50% of the agreed remuneration.
• If the right of withdrawal is exercised up to 2 weeks before the planned event date, the contractual partner shall pay a cancellation fee of 75% of the agreed remuneration.
• If the right of withdrawal is exercised less than one week before the planned date of the event, the contractual partner shall pay a cancellation fee amounting to 100% of the agreed remuneration (total amount).
The validity of the contractual partner's withdrawal is conditional upon payment of the cancellation fee. The amount must be paid in full to the SK Sturm account within three days of the declaration of withdrawal, otherwise the withdrawal is not valid and the contract must be fulfilled; this also applies in the event of even partial non-payment of the agreed cancellation fee. The contractual partner may request that the cancellation fee be offset against the deposit. SK Sturm must be notified of this procedure within three days of the declaration of withdrawal. If the cancellation fee is not covered by the deposit, the remaining cancellation fee must be paid on time, with the consequences outlined above. The cancellation must be declared to SK Sturm in at least the same form as the acceptance of the contract and must be received by SK Sturm. It is advisable to choose a method of transmission that provides proof of receipt of the assertion of the right of cancellation. The contractual partner is responsible for providing proof of the time of receipt and the receipt of the declaration of withdrawal per se and bears the transmission and receipt risks associated with the method of transmission chosen by them.
6.4 Terms of use and liability
The rented areas may only be used within the scope of the contractually agreed purpose, scope and duration. Any intended changes in use, such as changes to the programme or the type of event, must be reported to SK Sturm immediately and may only be made with its written consent.
The contractual partner may only transfer the rented property – in whole or in part – to third parties with the express written consent of SK Sturm. Upon conclusion of the agreement, the contractual partner must name a responsible person to SK Sturm who must be present and available to SK Sturm, in particular during the use of the rented property.
SK Sturm shall not be liable for damage caused by its own slight negligence or that of its vicarious agents, unless this involves a breach of essential contractual obligations or damage to life, limb or health. In the event of failure of any equipment, operational disruptions or other events affecting the event, SK Sturm shall only be liable if it is responsible for intent or gross negligence.
The contractual partner shall be liable to SK Sturm in accordance with the statutory provisions – unless otherwise specified below – for:
• Damage to the building or inventory resulting from the event;
• Damage caused to persons or property during the delivery of items and during set-up and dismantling;
• all consequences resulting from exceeding the contractually agreed number of visitors;
• all consequences resulting from insufficient staffing of the security service or from a complete waiver of the security service, if this is provided by the organiser/tenant;
• all accidents that occur to the organiser's own staff or to artists and contributors engaged by the contractual partner during the preparations for an event or during the event itself as a result of non-compliance with the safety regulations of these terms and conditions;
• Damage caused by visitors or guests of the event, to whose disadvantage whatsoever, in particular for exceptional wear and tear in the rooms accessible to guests during the event and the facilities and installations located therein, as well as any theft of furnishings and decorative items.
The contractual partner indemnifies SK Sturm against all claims for damages that may be asserted by third parties in connection with the event and for which SK Sturm is not responsible. The contractual partner is expressly advised to take out its own event liability insurance.
6.5 Data protection & image and video recordings
It is expressly pointed out that for the fulfilment of the contract, names, addresses, telephone numbers, e-mail addresses, dates of birth and payment details of the contractual partner will be stored on data carriers for the purpose of automated support (accounting, customer files). The data will not be passed on to third parties, except in cases where this is necessary for the fulfilment of the order (to service providers).
SK Sturm points out that videos and photos may be taken in the hospitality areas during events. This includes, in particular, but is not limited to, recordings for documentation, security monitoring, or marketing and advertising purposes. The contractual partner agrees that SK Sturm or third parties commissioned by it may carry out such recordings during the use of the hospitality areas. This applies both to the contractual partner itself and to its guests, employees, service providers and other persons who enter the hospitality areas in connection with the event. The contractual partner undertakes to inform its guests, employees, service providers and other persons involved about the possibility of video recordings and to ensure that they also consent to the production and use of the recordings. If recordings contain personal data, processing shall be carried out exclusively in accordance with the applicable data protection regulations. Further information can be found at https://sksturm.at/c/datenschu.... The contractual partner agrees that the recordings made may be used and stored without restriction for the purposes stated, unless otherwise agreed in writing.
7. Provisions for children's events in the hospitality areas of SK Sturm
7.1 Scope of validity
These provisions apply to all contractual relationships between SK Sturm and the respective contractual partner in the context of children's events in the hospitality areas of SK Sturm.
7.2 Offers, conclusion of contract, payment
All offers made by SK Sturm are provided free of charge and without guarantee. Commitments, assurances and guarantees, as well as agreements of any kind, require the express consent of SK Sturm in addition to compliance with the written form requirement. Prices are generally not to be understood as flat rates unless they are expressly defined as such. A reasonable fee shall be charged for services ordered by the contractual partner that are not included in the basic order.
Registration takes place directly via the form on the SK Sturm website or by email or telephone. A valid contract is only concluded upon written confirmation of the registration and transmission of the invoice by SK Sturm. The amount for the event must be paid into the SK Sturm account immediately upon receipt of the invoice. In the event of late payment, a default interest rate of 5% above the base rate shall be deemed agreed. The right to claim further damages for default is expressly reserved.
7.3 Data protection & image and video recordings
It is expressly pointed out that for the fulfilment of the contract, names, addresses, telephone numbers, e-mail addresses, dates of birth and payment details of the contractual partner will be stored on data carriers for the purpose of automated support (accounting, customer files). The data will not be passed on to third parties, except in cases where this is necessary for the fulfilment of the order (to service providers).
SK Sturm points out that videos and photos may be taken in the hospitality areas during events. This includes, in particular, but is not limited to, recordings for documentation, security monitoring, or marketing and advertising purposes. The contractual partner agrees that SK Sturm or third parties commissioned by it may carry out such recordings during the use of the hospitality areas. This applies both to the contractual partner itself and to its guests, employees, service providers and other persons who enter the hospitality areas in connection with the event. The contractual partner undertakes to inform its guests, employees, service providers and other persons involved about the possibility of video recordings and to ensure that they also consent to the production and use of the recordings. If recordings contain personal data, processing shall be carried out exclusively in accordance with the applicable data protection regulations. Further information can be found at https://sksturm.at/c/datenschu.... The contractual partner agrees that the recordings made may be used and stored without restriction for the purposes stated, unless otherwise agreed in writing.
7.4 Withdrawal from the Agreement
The decision whether and to what extent an event is suitable for and approved by SK Sturm is made solely by SK Sturm. SK Sturm may withdraw from this agreement without notice for good cause after its conclusion. Good cause shall be deemed to exist if unavoidable and extraordinary circumstances arise that are beyond the control of SK Sturm Wirtschaftsbetriebe GmbH and whose consequences could not have been avoided even if all reasonable precautions had been taken. A particularly important reason shall be, for example, the cancellation of the booked match or even partial non-compliance with the agreed payment terms. The reason for withdrawal will be communicated to the contracting party upon request. In such cases, any deposit already made must be refunded in full.
The contracting party may unilaterally withdraw from the contract, subject to the following conditions and consequences, which shall be deemed explicitly agreed upon:
In the event of exercising the right of withdrawal up to 1 month before the planned event date, the contracting party must pay a cancellation fee amounting to 50% of the agreed fee.
In the event of exercising the right of withdrawal up to 2 weeks before the planned event date, the contracting party must pay a cancellation fee amounting to 75% of the agreed fee.
In the event of exercising the right of withdrawal less than 1 week before the planned event date, the contracting party must pay a cancellation fee amounting to 100% of the agreed fee (total amount).
In the event of illness or prevention of the host (confirmation from a doctor required), the party may be rescheduled to another date, subject to availability.
The withdrawal must be declared to SK Sturm in at least the same form as the acceptance of the contract and must be received by them. It is recommended to choose a method of transmission that provides proof of receipt of the withdrawal declaration. The contracting party bears the burden of proof for the time and receipt of the declaration and assumes the transmission and receipt risks associated with the method chosen.
The validity of the withdrawal by the contracting party is conditional upon payment of the cancellation fee. This can be done by offsetting the cancellation fee against the payment already made. Any remaining deposit exceeding this amount will be refunded.
7.5 Usage Requirements and Liability
The use of the rented areas is permitted only within the contractually agreed purpose, scope, and duration. Intended changes in use, such as changes to the program or type of event, must be communicated to SK Sturm without delay and may only be carried out with their written consent.
The transfer of the rented property – in whole or in part – to third parties is only permitted with the express written consent of SK Sturm. Upon conclusion of the agreement, the contracting party must name a responsible person who must be present during the use of the rented property and reachable for SK Sturm.
The contracting party shall be liable to SK Sturm Wirtschaftsbetriebe GmbH in accordance with statutory provisions – unless otherwise specified below – for:
- Damage to the building or inventory resulting from the event;
- Damage caused to persons or property during the bringing in of items and during setup and dismantling;
- All consequences arising from exceeding the contractually agreed number of visitors;
- All consequences resulting from insufficient staffing of security services, if these are provided by the organizer/tenant;
- All accidents suffered by the contracting party's own personnel or artists and participants engaged by them during preparations for an event or during the event itself due to non-compliance with safety regulations in these agreement terms;
- Damage caused by visitors or guests of the event, to the detriment of anyone, especially due to unusual wear and tear in the rooms accessible to guests during the event and the equipment and installations located therein;
- All consequences and damages resulting from violations of parental supervision obligations.
The contracting party shall indemnify SK Sturm against all claims for damages asserted by third parties in connection with the event, insofar as such claims are not attributable to SK Sturm.
8. Final Provisions
8.1 Applicable Law, Jurisdiction, Place of Performance, Language
These General Terms and Conditions (GTC) and any contracts concluded with reference to them shall be governed by Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the country in which the customer — if a consumer — has their habitual residence prevail.
If the legal transaction is not concluded with a consumer, the parties agree that the court with subject-matter jurisdiction in Graz shall have exclusive jurisdiction. For consumers, the statutory place of jurisdiction applies.
The contractual language is German. All other information and correspondence will be provided in German.
8.2 Intellectual Property
All content transmitted or provided in connection with SK Sturm's services, such as texts, graphics, logos, images, etc., is the sole property of SK Sturm. No content may be extracted and/or used without the prior consent of SK Sturm.
8.3 Severability Clause
If the customer is not a consumer and any provision of these GTC is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that is economically equivalent or similar.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
SK Sturm Wirtschaftsbetriebe GmbH
Sternäckerweg 118
8042 Graz
Tel: +433167717710
E-Mail: office@sksturm.at
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
Ordered on () / received on ():
Name of consumer(s): .....................................................................................................
Address of consumer(s): .....................................................................................................
.....................................................................................................
.....................................................................................................
Signature of consumer(s) (only if this form is submitted on paper):
..........................................................
Date .....................................................
(*) Delete as appropriate.