Consumers do not have a general right to cancel, and any right of consumers to cancel may lapse prematurely in the case of the following contracts:
- Contracts for the provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering, or services relating to leisure activities, where the contract provides for a specific date or period (Section 312g (2) Sentence 1 No. 9 BGB [German Civil Code]). That means that there is no right to cancel in cases where Mensa Austria offers services in the field of leisure activities, in particular admission tickets for events. Any order for tickets is therefore binding on the consumer once the order has been confirmed by Mensa Austria in accordance with Section II. 1 above, which means that the consumer has an obligation to accept and pay for the tickets ordered.
- Contracts to supply audio or video recordings or computer software in a sealed package, if the seal is removed after delivery (Section 312g (2) Sentence 1 No. 6 BGB).
The following principles also apply to contracts concluded with consumers:
Information on cancellation rights
Right to cancel
You have the right to cancel this contract within fourteen days, without giving any reason.
The 14-day cancellation period begins on the day on which the goods are received by you, or by a third person named by you, other than the carrier.
In order to exercise your right to cancel, you must notify us,
Mensa Österreich, Paulasgasse 17/3/26, 1110 Wien, E-Mail: email@example.com,
of your decision to cancel the contract by sending us a clear written statement to that effect (e.g. in a postal letter, telefax message or eMail). You may use the specimen cancellation form attached hereto, but are under no obligation to do so.
To keep within the cancellation period, it is sufficient if you send your notification of exercising your right to cancel before the cancellation period ends.
Consequences of cancellation
If you cancel this contract, we have to immediately refund to you any payments we have received from you, including delivery charges (except for the additional costs resulting from your choosing a different form of delivery than the standard, most favourable form offered by us), by no later than fourteen days after the day on which we receive notification of your cancelling this contract. To make the refund, we use the same means of payment as you used for the original transaction, uAustriaess explicitly agreed otherwise with you; you will not be charged anything for the refund. We may refuse to pay the refund until the goods have been returned to us or until you have provided proof that you sent the goods back, whichever is the earlier.
You must return or hand over the goods to us without delay, in any case no later than fourteen days after the day on which you notified us of your cancelling the contract. The latter deadline has been met if you dispatch the goods before the 14-day period has expired. The direct costs for returning the goods must be borne by you. You do not have to pay for any loss in the value of the goods uAustriaess such loss in value is due to your handling the goods in a manner other than is necessary to inspect the condition, properties and functioning of the goods.
Specimen cancellation form
(If you wish to cancel the contract, please fill out this form and return it to us.)
I/We (*) hereby cancel the contract that I/We (*) concluded to purchase the following goods (*)/the following service (*):
(name of good/service, order no. and price)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (oAustriay if notification is on paper)
(*) Please delete as applicable.
End of information on the right to cancel and specimen cancellation form
The following shall apply in the event of cancellation by the customer:
Mensa Austria may refuse to pay the refund until the goods have been returned to Mensa Austria or until the customer has furnished proof that the goods have been sent back, whichever is the earlier date.
The customer must return or hand over the goods to Mensa Austria without delay, in any case no later than fourteen days after the day on which the customer notified Mensa Austria of his or her cancelling the contract. The latter deadline has been met if the customer dispatches the goods before the 14-day period has expired. The customer shall bear the direct costs for returning the goods. The customer must pay for any loss in the value of the goods if such loss in value is due to the goods being handled in a manner other than is necessary to inspect the condition, properties and functioning of the goods.