1Scope of Application

• 1.1

  Scope of Application

• 1.1.1

  These General Terms and Conditions (hereinafter "GTC") apply to all contracts, deliveries and services between Sandra Singh, BSc. (stage name: Alyssandra Singh), Sternwartestraße 10/24, 1180 Vienna, Austria (hereinafter "Provider") and her customers (hereinafter "Client").

• 1.2

  B2B and B2C

• 1.2.1

  These GTC apply both to contracts with consumers (B2C) and to contracts with businesses (B2B) within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG). Where these GTC do not make an express distinction between B2B and B2C, the provisions apply to both types of contract.

• 1.3

  Exclusion of third-party GTC

• 1.3.1

  Only these GTC apply. The applicability of the Client's general terms and conditions is hereby expressly excluded. Conflicting terms of the Client are not accepted unless the Provider expressly agrees to their applicability in writing.

• 1.4

  Definition of Consumer

• 1.4.1

  Within the meaning of the KSchG, a consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity (Section 1 para. 1 no. 1 KSchG).

• 1.5

  Definition of Entrepreneur

• 1.5.1

  An entrepreneur is any natural or legal person or legally capable commercial partnership that enters into legal transactions in the course of their commercial or independent professional activity (Section 1 para. 1 no. 2 KSchG).

2Conclusion of Contract

• 2.1

  Offers and information obligations

• 2.1.1

  All offers of the Provider are non-binding unless expressly designated as binding or containing a specific acceptance period. The Provider reserves the right to amend or withdraw offers.

• 2.1.2

  In contracts with consumers (B2C) within the meaning of a distance contract pursuant to Section 1 FAGG, the presentation of services on the Provider's website merely constitutes an invitation to treat and not yet a binding offer by the Provider.

• 2.2

  Conclusion of contract in B2C distance contracts

• 2.2.1

  In contracts with consumers that are concluded via the Provider's website (https://www.alyssandra-singh.com) or by e-mail, the contract is only concluded upon the express acceptance by the Provider. Acceptance takes place by sending a written confirmation (order confirmation) by e-mail or letter. An automatic acknowledgement of receipt of the transmitted data does not constitute an acceptance.

• 2.2.2

  The Provider stores the contract text and sends the contract data to the Client by e-mail after the conclusion of the contract. The GTC can be accessed at any time on the website https://www.alyssandra-singh.com/.

• 2.3

  Conclusion of contract in B2B contracts

• 2.3.1

  In contracts with entrepreneurs, the contract is concluded upon acceptance of the offer by the Provider. Acceptance takes place by sending a written order confirmation by e-mail or letter. Conflicting terms of the Client are only recognised if the Provider has expressly agreed to their applicability in writing.

• 2.4

  Written form requirement

• 2.4.1

  Amendments and supplements to these GTC as well as to individual contracts require written form. This also applies to the circumvention of this written form requirement. E-mails satisfy the written form requirement.

3Right of withdrawal and consumer rights (FAGG)

• 3.1

  Right of withdrawal in distance contracts

• 3.1.1

  Consumers have a fourteen-day right of withdrawal in distance contracts within the meaning of the Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) (Section 11 FAGG). The withdrawal period is fourteen days from the day of conclusion of the contract.

• 3.1.2

  For contracts for the provision of services, the withdrawal period begins on the day of conclusion of the contract.

• 3.2

  Exception: leisure activities with a fixed date

• 3.2.1

  Pursuant to Section 18 para. 1 no. 10 FAGG, the right of withdrawal under Section 11 FAGG does not apply to contracts for the provision of leisure activities if the contract provides for the provision of a specific service on a specific period or a specific date.

• 3.2.2

  Since the Provider's services (in particular moderation/lectures, expert talks, aerial silk shows/stunt performances and acting) are regularly booked for fixed dates, attention should be paid to the respective contractual conditions in the offer or in the order confirmation. Where the service is booked for a fixed date, no right of withdrawal exists.

• 3.3

  Withdrawal button (Section 13a FAGG – VerbRÄG 2026)

• 3.3.1

  For distance contracts concluded via the Provider's website, a withdrawal button will be available as of 1 October 2026 pursuant to Section 13a FAGG. If the withdrawal button is activated in time, the withdrawal is deemed to have been declared in time. The Provider will provide the technical requirements for the implementation of the withdrawal button on the website.

• 3.4

  Consequences of missing withdrawal information

• 3.4.1

  The Provider will inform about the right of withdrawal pursuant to Section 12 FAGG. If the information on the right of withdrawal is missing, the right of withdrawal expires no later than twelve months and fourteen days after the day of conclusion of the contract (Section 12 para. 1 FAGG). The Provider endeavours to always provide proper information on the right of withdrawal.

• 3.5

  Model withdrawal form

• 3.5.1

  The following model withdrawal form may be used by consumers but is not mandatory:

• 3.5.2

  Model withdrawal form
  To:
  Sandra Singh, BSc.
  Sternwartestraße 10/24
  1180 Vienna, Austria
  E-mail: office@alyssandra-singh.com

• 3.5.3

  I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

• 3.5.4

  Ordered on (*) / received on (*):

• 3.5.5

  Name of consumer(s):

• 3.5.6

  Address of consumer(s):

• 3.5.7

  Signature of consumer(s) (only if this form is notified on paper):

• 3.5.8

  Date:

• 3.5.9

  (*) Delete as appropriate.

• 3.6

  Exclusion of the right of withdrawal

• 3.6.1

  The right of withdrawal pursuant to Section 11 FAGG does not exist insofar as the exception of Section 18 para. 1 no. 10 FAGG (leisure activities with a fixed date) applies or insofar as another ground for exclusion under Section 18 FAGG applies.

4Prices and payment terms

• 4.1

  Prices

• 4.1.1

  All prices stated in the offers, price lists and on the Provider's website are final prices (gross = net). Pursuant to Section 6 para. 1 no. 27 of the Austrian Value Added Tax Act (UStG), the Provider is exempt from value added tax as a small business owner and therefore does not charge VAT. The Provider's invoices do not show VAT; a corresponding note on the tax exemption ("Exempt from VAT pursuant to Section 6 para. 1 no. 27 UStG") forms part of the invoice. Deviating arrangements are expressly indicated.

• 4.1.2

  The Provider is entitled to adjust the prices for future orders, whereby no unilateral price adjustment without a reduction in remuneration is made vis-à-vis consumers (Section 6 para. 1 no. 5 KSchG).

• 4.2

  Due date

• 4.2.1

  Unless otherwise agreed, the remuneration is due within 14 days of invoicing without deduction for B2B contracts and within 14 days of conclusion of the contract for B2C contracts.

• 4.3

  Late payment

• 4.3.1

  In the event of late payment, consumers owe default interest at the statutory rate pursuant to Section 1333 para. 1 in conjunction with Section 1000 ABGB (currently 4% per annum). Pursuant to Section 1334 ABGB, claiming default interest from consumers requires a reminder.

• 4.3.2

  Vis-à-vis entrepreneurs, the default interest pursuant to Section 456 of the Austrian Commercial Code (UGB) amounts to 9.2 percentage points above the respective base rate and is owed without a reminder as of the due date. In addition, the Provider is entitled to claim a lump-sum compensation for collection costs of EUR 40 pursuant to Section 458 UGB.

• 4.3.3

  Compound interest for consumers is excluded. The assertion of further claims for damages remains unaffected.

• 4.4

  Retention and set-off

• 4.4.1

  Consumers are entitled to a statutory right of retention pursuant to Section 1052 ABGB, which cannot be excluded or restricted (Section 6 para. 1 no. 7 KSchG). Entrepreneurs are only entitled to a right of retention if their counterclaim is based on the same legal relationship.

• 4.4.2

  Set-off against the Provider's claims is only permitted if the counterclaim is undisputed or has been established by a final court decision.

• 4.5

  Reminder costs

• 4.5.1

  Reasonable costs may be claimed for reminder letters, provided they do not exceed the statutory limits. The costs must be communicated in advance in a transparent and traceable manner.

5Cancellation and withdrawal

• 5.1

  Cancellation by consumers (B2C)

• 5.1.1

  Consumers have the statutory right of withdrawal pursuant to Section 3 of these GTC, insofar as such a right exists.

• 5.1.2

  Insofar as a right of withdrawal pursuant to Section 18 para. 1 no. 10 FAGG does not exist (leisure activities with a fixed date), consumers may terminate the contract for good cause. In this case, the Provider may demand reasonable compensation for the services already rendered and offered, whereby the compensation must not exceed the agreed remuneration and only takes into account the costs actually incurred.

• 5.2

  Cancellation by entrepreneurs (B2B)

• 5.2.1

  For B2B contracts, orders may be cancelled without cancellation fees up to 30 days before the agreed date. For cancellations within 30 to 15 days before the date, a cancellation fee of 50% of the agreed remuneration is due. For cancellations less than 15 days before the date, a cancellation fee of 100% of the agreed remuneration is due.

• 5.2.2

  The cancellation fees constitute reasonable estimates of the actual costs. The proof of higher costs remains reserved.

• 5.3

  Withdrawal by the Provider

• 5.3.1

  The Provider may withdraw from the contract for good cause, in particular if:

• 5.3.2

  the Client is in default of payment and the arrears are not settled within a reasonable period despite a reminder,

• 5.3.3

  the performance of the service is rendered impossible by force majeure (see Section 5.4),

• 5.3.4

  a significant circumstance exists that makes the continuation of the contractual relationship unreasonable for the Provider.

• 5.4

  Force majeure

• 5.4.1

  Force majeure includes in particular: natural disasters (earthquakes, floods, landslides), severe weather events (storms, hurricanes, extreme snowfall), pandemics and epidemics, official orders (e.g. event bans), wars, uprisings, strikes (including those of third parties), fire, power failure or other unforeseeable events that significantly impede or make impossible the performance of the service.

• 5.5

  Reasonable lump sums

• 5.5.1

  Cancellation fees are only permissible if they reflect the costs actually incurred. Fees that are set arbitrarily or represent an unreasonable disadvantage to the Client are not effective.

6Provision of services

• 6.1

  Nature of service provision

• 6.1.1

  The Provider provides her services (moderation/lectures, expert talks, aerial silk shows/stunt performance/stunt and show coordination, acting, modelling, consulting and trainer services) to the best of her knowledge and conscience. The concrete design of the service is carried out taking into account the wishes of the Client, whereby the Provider has wide discretion, in particular in artistic services.

• 6.1.2

  The Provider's services are carried out as a so-called "Neue Selbstständige" (new self-employed person) (Section 2 para. 1 of the Austrian Trade Act (GewO); in particular artistic activities as well as lecturing and teaching activities). A trade licence is not required for the artistic, lecturing and training services offered. Insofar as the exercise of individual services (in particular commercial moderation) requires a trade licence, the Provider will obtain such a licence separately. The stunt and show coordination is limited to the artistic-performative design and implementation of the performances; commercial event organisation (event management) is not part of the service.

• 6.2

  Cooperation obligations of the Client

• 6.2.1

  The Client is obliged to provide the information required for the performance of the service in a timely, complete and truthful manner. The Provider depends on the willingness of the Client to cooperate.

• 6.2.2

  The Client must ensure that the spatial and technical requirements for the performance of the service are met. This includes in particular:

• 6.2.3

  an adequate and safe installation location for aerial silk rigging,

• 6.2.4

  access to suitable anchor points (ceiling/support height, load-bearing capacity),

• 6.2.5

  adequate lighting and sound equipment,

• 6.2.6

  provision of changing rooms and dressing facilities,

• 6.2.7

  access to electricity and water supply,

• 6.2.8

  compliance with applicable safety regulations.

• 6.3

  Technical requirements

• 6.3.1

  Special technical and safety-relevant requirements apply to the performance of aerial silk shows, stunt performances and training. The Provider will communicate the required conditions (in particular minimum height, ceiling/support height, anchor points, load-bearing capacity, lighting and sound equipment) in advance. The Client must ensure that these conditions are met and is responsible for compliance with the specified safety regulations.

• 6.3.2

  If anchor points, rigging systems or supporting structures are provided by the Client or by third parties, the Client must prove their static suitability and load-bearing capacity (in particular through suitable documentation, certificates or static assessments) before the performance of the service. The Provider is entitled to refuse or abort the performance of the service if the technical requirements are not or not sufficiently met. In this case, the Client has no claim for damages insofar as the missing requirements are attributable to the Client, and the cancellation conditions pursuant to Section 5 apply accordingly.

• 6.4

  Safety regulations and risk information

• 6.4.1

  The Provider undertakes to comply with the applicable safety regulations. Aerial silk shows and stunt performances are physically demanding performances that involve an increased risk of accidents and injury. The Client is expressly informed of this increased risk and must take it into account in the context of event organisation.

• 6.4.2

  The Client is obliged to ensure the proper and safe condition of the event location. The Provider is not liable for damage caused by improper technical installations, inadequate safety measures or unsuitable anchor points at the event location, insofar as these are attributable to the Client or to third parties provided by the Client. The Provider's liability for personal injury remains unaffected by this provision and is governed by Section 8 of these GTC and the statutory provisions.

• 6.5

  Duty to cooperate

• 6.5.1

  The Client is obliged to provide the Provider with all documents and information required for the performance of the service in a timely manner. Delays caused by missing or incomplete cooperation on the part of the Client are not attributable to the Provider.

• 6.6

  Dates and deadlines

• 6.6.1

  Stated dates and deadlines are binding if they are expressly designated as such. Otherwise, they are non-binding planning dates to which the Provider is not bound, unless a binding date has been expressly agreed.

• 6.7

  Service-specific notes

• 6.7.1

  Expert talks and lectures: The Provider's expert talks and lectures serve information and entertainment purposes. They do not constitute legal, tax or financial advice, do not replace individual advice from qualified professionals and do not create any corresponding advisory obligations.

• 6.7.2

  Consulting and trainer services: Consulting and trainer services are provided as a freelance (new self-employed) activity and do not constitute business consulting within the meaning of the Austrian Trade Act. No guarantee of a specific success is associated with the provision; in particular, a specific result is not owed in training and consulting services. Trainer services are not medical, physiotherapeutic or psychotherapeutic services. Participants take part in training at their own risk and under their own responsibility; the Client must ensure the participants' health suitability and is obliged to point out health restrictions before the start.

• 6.7.3

  Acting and moderation: Within the framework of acting, moderation and modelling services, no specific artistic results are owed; the Provider has wide discretion in the artistic design.

7Copyright and usage rights

• 7.1

  Copyright

• 7.1.1

  The Provider is the author of all works created by her, in particular artistic, photographic, filmic and written works. The copyright remains unchanged with the Provider and does not transfer to the Client.

• 7.2

  Usage rights

• 7.2.1

  The usage rights to the works created by the Provider only transfer to the Client upon full payment of the agreed remuneration, provided that a corresponding agreement has been made.

• 7.2.2

  The granted usage right is not transferable unless otherwise agreed. Transfer to third parties requires the Provider's prior written consent.

• 7.3

  Attribution obligation

• 7.3.1

  The Client is obliged to name the Provider as the author in every use of her works (Section 21 of the Austrian Copyright Act (UrhG)). The attribution is made in the form "© Alyssandra Singh" or "Photo: Alyssandra Singh" or "Performance: Alyssandra Singh" or a comparable clear designation.

• 7.4

  Editing and modification

• 7.4.1

  Editing, modification or other redesign of the Provider's works is only permitted with prior written consent. Unauthorised editing may trigger copyright claims.

• 7.5

  Video recordings of expert talks and interviews

• 7.5.1

  Video recordings of expert talks and interviews that the Provider creates, films and edits herself are copyright-protected works of the Provider. After full payment of the agreed remuneration, the Client receives a simple usage right for the agreed purposes. Transfer or commercial use requires the Provider's prior written consent. The Provider is entitled to use the video recordings for her own purposes, in particular to advertise her services, unless otherwise agreed.

• 7.6

  Social media content

• 7.6.1

  The use of the Provider's content on social media platforms is only permitted with prior written consent. The Provider reserves the right to prohibit or restrict the use on social media platforms.

• 7.7

  Image rights and model release

• 7.7.1

  Insofar as services (in particular modelling as well as photography and film recordings) include the creation of portraits of the Provider, the following applies:

• 7.7.2

  The Provider grants her consent pursuant to Section 78 UrhG to the public display and distribution of her portrait exclusively within the scope of the contractually agreed use and purposes. Any use beyond this, in particular commercial use, transfer to third parties or editing or alienation, requires the Provider's prior written consent.

• 7.7.3

  The consent may be revoked for good cause, in particular in the event of use that violates the Provider's legitimate interests. A revocation is effective for the future; uses already made remain valid until the revocation is received.

• 7.7.4

  The Client is obliged to name the Provider in every use of her portrait pursuant to Section 7.3, insofar as attribution is customary and reasonable in the respective medium.

8Warranty and liability

• 8.1

  Warranty for consumers (B2C)

• 8.1.1

  Vis-à-vis consumers, the statutory warranty of 24 months from the provision of the service applies pursuant to Sections 8/9 KSchG. A shortening of the warranty period for consumers is not permitted.

• 8.2

  Warranty for entrepreneurs (B2B)

• 8.2.1

  For contracts with entrepreneurs, the warranty period is twelve months from the provision of the service, unless otherwise agreed. A shortening of the warranty period below twelve months is not permitted.

• 8.3

  Notification period

• 8.3.1

  Entrepreneurs must report obvious defects immediately, at the latest within eight days of discovery, in writing. Vis-à-vis consumers, such a notification period is not validly agreed. Consumers are recommended to report obvious defects immediately.

• 8.4

  Defect claims

• 8.4.1

  In the event of a defect, the Client may initially demand the rectification of the defect or a reasonable price reduction. If the rectification of the defect fails or is associated with disproportionate costs for the Provider, the Client may withdraw from the contract or demand compensation for damages.

• 8.5

  Liability for personal injury

• 8.5.1

  The Provider's liability for personal injury in the case of intent and gross negligence cannot be excluded or restricted (Section 6 para. 1 no. 9 KSchG). For consumers, an exclusion of liability for personal injury in the case of intent and gross negligence is ineffective.

• 8.6

  Liability for property damage

• 8.6.1

  The Provider's liability for damage not caused to persons is excluded in the case of slight negligence. In the case of gross negligence, the Provider is fully liable. Liability for damage to movable property is limited to the typical, foreseeable damage.

• 8.7

  Exclusion of liability for indirect damage

• 8.7.1

  The Provider's liability for lost profit, loss of use, indirect damage and consequential damage is excluded insofar as this is legally permissible. For consumers, such an exclusion is only effective insofar as it does not violate Section 6 para. 1 KSchG.

• 8.8

  Liability for vicarious agents

• 8.8.1

  The Provider is liable for the fault of her vicarious agents as for her own fault (Section 1313a ABGB). This liability is restricted by the liability limitations provided in Sections 8.5 to 8.7 insofar as this is legally permissible. Vis-à-vis consumers, the mandatory limits of Section 6 para. 1 KSchG apply, in particular with regard to liability for personal injury in the case of intent and gross negligence.

• 8.9

  Limitation period

• 8.9.1

  The limitation of warranty claims is governed by the statutory provisions. For consumers, the limitation period begins at the time of the provision of the service.

9Data protection

• 9.1

  Privacy policy

• 9.1.1

  The collection, processing and use of the Client's personal data is carried out in compliance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). The Provider's privacy policy is available on the website https://www.alyssandra-singh.com/privacy.

• 9.2

  Purpose limitation

• 9.2.1

  Personal data is only collected and processed for the purpose for which it was provided by the Client or for which consent exists. Transfer to third parties only takes place with express consent or on the basis of a legal obligation.

• 9.3

  Information obligation

• 9.3.1

  The Provider informs consumers pursuant to Art. 13 GDPR about the processing of personal data, the purposes of processing, the legal basis, the storage period and the rights of the data subjects.

• 9.4

  Rights of data subjects

• 9.4.1

  Consumers have the statutory rights to access, rectification, erasure, restriction and objection. The Provider complies with these obligations and provides the corresponding contact options.

• 9.5

  Cookies and tracking

• 9.5.1

  The Provider's website uses technically necessary cookies. Cookies that are not technically necessary are only used with the express consent of the user.

10Final provisions

• 10.1

  Applicable law

• 10.1.1

  Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules of private international law. The application of the law of the Client's country of origin is excluded insofar as this is permissible. Insofar as mandatory consumer-protective provisions of the law of the state of the consumer's habitual residence apply, these remain unaffected (Art. 6 Rome I Regulation).

• 10.2

  Place of jurisdiction

• 10.2.1

  For disputes arising from the contractual relationship, the court with subject-matter and local jurisdiction in Vienna is agreed – insofar as legally permissible. For consumers, the place of jurisdiction at the consumer's place of residence is agreed as an optional place of jurisdiction, insofar as this is legally permissible.

• 10.3

  Severability clause

• 10.3.1

  Should a provision of these GTC be or become invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. The invalidity or unenforceability of a provision does not result in the invalidity or unenforceability of the entire GTC. A reductive interpretation to preserve validity does not take place; the invalid provision lapses in its entirety (Section 6 KSchG in conjunction with Section 879 ABGB).

• 10.4

  Forfeiture of rights

• 10.4.1

  The forfeiture of rights in the event of missing a deadline is not validly agreed for consumers (Section 6 para. 1 no. 12 KSchG). Vis-à-vis entrepreneurs, reasonable periods with forfeiture effect may be agreed, whereby the statutory limits must be observed.

• 10.5

  Gender-neutral formulation

• 10.5.1

  These GTC use gender-neutral formulations wherever possible. Personal designations apply equally to all genders. For the sake of brevity, the feminine forms such as "Client", "consumer" and "entrepreneur" are used, which always also include the masculine equivalents.

• 10.6

  No forfeiture of rights

• 10.6.1

  The failure to meet a deadline or the failure to assert a right by the Provider does not lead to the forfeiture of this right. Rights of the Provider can only be forfeited by express written declaration vis-à-vis the Client.

• 10.7

  Amendments to the GTC

• 10.7.1

  The Provider reserves the right to amend these GTC. Amendments are communicated to the Client in advance in writing (by e-mail).

• 10.7.2

  Vis-à-vis consumers, amendments to the GTC only become effective if the Provider informs in advance of the intended amendments and obtains the express consent of the consumer. Without express consent, amendments do not apply to already concluded contracts.

• 10.7.3

  Vis-à-vis entrepreneurs, amendments are deemed approved if they are not objected to in writing within 14 days of receipt of the notification of amendment, provided that the notification of amendment expressly points out this legal consequence.

• 10.8

  Applicability to existing contracts

• 10.8.1

  These GTC apply to all contracts concluded after these GTC come into force. For existing contracts, the GTC applicable at the time of the conclusion of the contract apply.