GTC

GENERAL TERMS & CONDITIONS

Die hier genannten Allgemeinen Geschäftsbedingungen bilden die Grundlage aller Angebote und Leistungen von
Mag. Joanna Swietek BA unter dem Namen cubaila viena.

1 General
As a mobile dance studio, cubaila viena offers courses, workshops and events relating to Afrocuban dances – Salsa Cubana (Casino), Rueda de Casino, Timba, Rumba (Guaguancó, Yambu, Columbia), Afrocubano (Yoruba, Arara, Congo), Son Cubano and Reggaeton/Reparto – in Vienna. Our program does not overlap with that of Viennese dance schools.

By acquiring the right to participate in a cubaila viena event the participant accepts the Terms & Conditions as well as the house rules at the course, workshop or event location.

1.3 cubaila viena reserves the right to make changes to the Terms & Conditions as well as the house rules in effect. Clients agree to receiving information on such changes in writing via email.

1.4 All prices or fees are quoted in Euro and, unless stated otherwise, per person incl. taxes. For products offered on the Internet only cashless payment is available. Details can be found in the product descriptions and their terms of payment.

2 Registration and Payment Transaction
2.1 By submitting the electronic registration the client acquires the right to participate in the respective course, workshop or event and therewith assumes liability to pay the respective fee. An automated message to the email address entered during registration immediately confirms receipt of the registration. Upon verification, within a maximum of 48 hours, the client receives the invoice for transferring the course/workshop/event fee also at the email address given.

2.2 The amount shown in the invoice is to be transferred in such a way that it is received into the event organizer's account in full (i.e. without deduction of possible bank or transfer charges) within the payment period specified, at the latest by the start of the course/workshop/event. If this is not possible due to last-minute registration, the client must show proof of payment transfer either by advance email message to the organizer or at the event check-in. Without verifiable payment of the course/workshop/event fee, participation is not possible in this case.

2.3 If the payment period specified in the invoice is not met, the registration will be moved to the end of the list until receipt of the payment and the space in the course/workshop/event will be given to the next person on the waitlist, if there is one. Should the course/workshop/event be sold out before receipt of the payment, the registration is automatically void.

2.4 If the invoice has not been paid by the start of the course/workshop/event, the registration will be deleted from the system and the respective person barred from registering for cubaila viena events for one year from the date of the invoice.

3 Prerequisites and Right to Participate
3.1 Course/workshop/event registration is only possible if the prerequisites specified on the registration page (e.g. prior competences, age group, role, ...) are met. Adhering to possible prerequisites is the client's responsibility and will be checked by the organizer at the start of the course/workshop/event just as receipt of payment. If the client is unsure about possible prerequisites, he/she may check by contacting office@cubailaviena.at.

3.2 If possible prerequisites are not met, participation in the respective course/workshop is not possible despite registration. Upon consultation with the dance instructor and based on availability of spaces, the client may switch to another course/workshop that is suitable. If the newly selected course is more expensive, an additional invoice will be issued to cover the difference. If the newly selected course costs less, the difference is forfeited. If there is no alternative to the wrongly registered course/workshop, the right to participate is voided entirely; a refund is not possible.

3.3 When claiming a discount, the client is responsible to provide proof of eligibility before or at the start of the event. If proof of eligibility cannot be provided, the client will be invoiced for the difference.

4 Rights of Rescission and Transfer
4.1 Purchased rights to participate may not be returned. Every course, workshop or event booking is binding and obliges to payment for the order. Due to the statutory exception as per Art. 18 para 1(10) FAGG (Austrian Distance Selling Act) for services rendered in connection with leisure activities, there is no right of rescission.

4.2 For courses lasting several weeks, the purchased right to participate may be conferred on another person meeting all prerequisites (dance role, dance level, age, ...) if applicable until the 2nd course session; for an individual workshop or event until 24 hours before the start of the event. To do so, the original buyer must inform the organizer of the conferral by message to office@cubailaviena.at, providing the following details of the new person entitled to participate: first name, last name, and email address.

4.3 cubaila viena reserves the right to make changes to dates, locations and staffing, if necessary also at short notice. Such changes do not constitute entitlement to a refund.

4.4 There is no refund for paid courses/events that the participant has missed. If the right to participate has not yet been exercised due to severe long-term illness or injury (medical certificate), it may be credited for a later date.

5 Event Cancelation
5.1 If a course/workshop/event is canceled by the organizer, the client is refunded the full participation fee already transferred.

6 Disclaimer
6.1 cubaila viena assumes no liability for any items disappearing, lost, forgotten, stolen or damaged at courses, workshops or other events.

6.2 The premises of cubaila viena courses, workshops or events are entered at one's own risk. Every participant commits to being in good physical and mental condition to perform active movements without bodily harm.

6.3 cubaila viena and its dance instructors assume no liability whatsoever for material damage and personal injuries suffered by participants during classes or events. Likewise, no liability is assumed for material damage and personal injuries suffered by the participants during classes or events due to improper use of furniture or facilities, or inflicted on them by third parties. Liability is excluded for all types of damage. Participants themselves must take care of being sufficiently insured in case of material or physical damage incurred.

7 Care of Furnishings and Cleanliness
7.1 The client commits to treating all furnishings at the course, workshop and event locations rented by cubaila viena cubaila viena with care as well as to keeping them clean.

8 Photos and Video Recordings
8.1 All photos and videos made or commissioned by cubaila viena may be used for proprietary marketing and information purposes. The clients give their consent that photos and video recordings made during course sessions, workshops or events may be used for marketing and information purposes without compensation.

8.2 During class, photos and video recordings are generally prohibited. After class, upon consultation with the dance instructor video material may be recorded for personal training purposes. It is expressly prohibited to use this material commercially, pass it on or publish it. Violation constitutes an act of business-damaging behavior (see 10.1 Expulsion and Termination of Contract).

9 Data Protection
9.1. All client data collected by cubaila viena will be treated in strict confidentiality, not passed on to third parties, and used exclusively for internal information purposes. More details can be found in the Data Protection Statement.

10 Expulsion and Termination of Contract
10.1 In case of business-damaging behavior, non-compliance with the General Terms and Conditions or violation of the house rules in effect at the event location, cubaila viena has the right to terminate the contractual relationship with the client effective immediately and/or to bar them from entering the premises. In such an event, the right to participate expires; a refund is not possible.

11 Legal Framework Conditions (pandemics etc.)
11.1 Participation is only possible in responsible compliance with all regulations in effect at the time of a course, workshop or event. If a course, workshop or event has to be canceled before the start due to legal regulations, the full fee will be refunded. Right to sensible adjustment of the schedule due to changing regulations reserved (postponement, online classes, etc.).

12 Special GTC Festival Menéate Viena
12.1 When purchasing a ticket for the Menéate Viena Festival, the client accepts the special GTC for this event linked here. Where the GTC of cubaila viena are not consistent with the special GTC of the Festival, in this special case the GTC of the Festival apply exclusively. 

13 Legal Validity and Place of Jurisdiction
13.1 If one of the provisions above is or becomes invalid, the validity of the other provisions is not affected thereby. The respective parties undertake to replace the invalid provision with a valid one whose objective comes as close as possible to that of the provision no longer applying.
The place of jurisdiction is Vienna.

Version: July 2023