Terms of use

1. Validity

1.1 These conditions apply to all services of Gantner Pigeon Systems GmbH (hereinafter Gantner Pigeon). In particular, they are also the basis for the use of the platforms operated by Gantner Pigeon (such as benzing.live, mypigeons, and oneloftrace) and the services offered therein. Their use entails the express acceptance of the terms and conditions hereby.

1.2 Gantner Pigeon shall not accept any deviating conditions pertaining to contractual partners, unless otherwise expressly agreed.

1.3 Gantner Pigeon's employees are not authorised to conclude verbal collateral agreements or to give verbal assurances that go beyond the content of written contracts.

2. Description of digital services and usage requirements

2.1 Gantner Pigeon produces hardware and software for the time recording of carrier pigeons, and offers users the possibility to view data about breeders and pigeons as well as race results, to enter personal data and details of their pigeons, and to compare them with those of other users, which partly also happens automatically on Gantner Pigeon's platforms. Users can also network and exchange, send and receive messages and share information about pigeons, breeders and competitions.

2.2 Services offered free of charge or provided outside of the membership (see below) can be discontinued at any time.

3. Membership and termination/blocking

3.1 The use of Gantner Pigeon's services requires registration on Gantner Pigeon's platforms. The activation of paid services occurs exclusively after payment of the full fee.

3.2. Membership is automatically renewed for one year until termination. The automatic extension of the contract can be prevented by timely written notice up to one month before the end of the current period.

3.3. Gantner Pigeon may terminate or block membership or access to the contents of services offered with one month's notice. Any fees paid in advance shall be refunded proportionately to the unused remaining time, provided the reason for termination is not attributable to the user (e.g., upon breach of contract). Access can be blocked with immediate effect for good cause. In particular, good cause applies if the user

a) fails to make payments on the due date,
b) makes false statements or transmits false data,
c) breaches legal regulations.

4. Prices and payment

4.1 All offers, whether written or verbal, are always subject to change. Only the product, service and price information contained in Gantner Pigeon's announcement or order confirmation shall apply.

4.2 Prices quoted exclude any installation and commissioning services. Upon request, Gantner Pigeon may provide these services for a separate fee.

4.3 Any user rights of withdrawal and set-off with counterclaims not expressly accepted by Gantner Pigeon in writing are excluded.

4.4 Upon payment default, a 10% default interest shall apply. Furthermore, all collection, inquiry, and information costs and the costs of the lawyer engaged by Gantner Pigeon shall be reimbursed in accordance with the applicable fees. Upon payment default, any discounts shall become invalid.

5. Withdrawal policy for users

5.1 If the user has registered for a purpose which cannot be attributed to his/her commercial or self-employed professional activity, the user may withdraw from the concluded contract in writing, e.g. by letter, fax or e-mail, without giving reasons, within 14 days from the contract conclusion date. The withdrawal request must be sent to:

Gantner Pigeon Systems GmbH
Batloggstraße 36
A-6780 Schruns
Telephone: +43 (0)5556 20620 | Fax: +43 (0)5556 20620-19
Email: info@benzing.cc

5.2 Upon valid withdrawal, all payments made by the user shall be reimbursed within fourteen days of receipt of the withdrawal request at the latest. Should the user request certain services to be available during the withdrawal period, an appropriate amount shall be paid in proportion to the services already provided by the time the right of withdrawal is exercised, compared to the total volume of services provided on an annual basis.

6. Use of data

6.1 By using the hardware manufactured by Gantner Pigeon, which enables the collection and transmission of data, and the registration by the user, the User agrees to the use and processing of collected data on both individual pigeons, race results, and personal data of the User to deliver the services described under item 2. In this regard, reference is made to the separate data protection declaration.

6.2 The User grants Gantner Pigeon an irrevocable, free, unrestricted right of use to all content generated, transmitted, stored or published by Gantner Pigeon via Gantner Pigeon products or other time measurements. Gantner Pigeon is therefore entitled to use and publish all contents within the scope of Gantner Pigeon's offer. In this context, the user grants moral rights to Gantner Pigeon.

7. Duties of the user

7.1 The user undertakes to provide truthful and up-to-date information.

7.2 The user undertakes to keep his/her access data (user name, password and the like) secret and not pass them on to third parties. Upon loss of access data or suspicion of use by an unauthorized person, the user undertakes to inform Gantner Pigeon immediately, so that the latter can block the user's access as soon as possible.

7.3 The use of services offered by Gantner Pigeon is intended solely for the User's own purposes. The information displayed on the platforms operated by Gantner Pigeon is for personal use only. The transfer of data and information to third parties against payment or free of charge is not permitted.

7.4 The User shall indemnify and hold Gantner Pigeon harmless from and against all claims of third parties for breach of the aforementioned duties, and in the event of unlawful behaviour in connection with the registration.

7.5 The User undertakes to store, publish, transmit and distribute only content, e.g. photos, images, text, illustrations or videos, for the transmission of which he/she is authorised, and to copy, distribute and transmit accessible data, or to read these using technical means, only with the prior express consent of the respective rights holder.

7.6 The User may not interfere with Gantner Pigeon's network by technical or electronic means, including Gantner Pigeon products, in particular hacking attempts, infiltration of viruses/worms/trojans and other attempts to disturb Gantner Pigeon's software and hardware.

8. Duties and liability of Gantner Pigeon

8.1 Gantner Pigeon undertakes to offer the described digital services continuously according to the standards of existing technical, economic, operational and organisational possibilities, and to keep the corresponding homepage accessible. Should the availability of Gantner Pigeon's services fall below 90% on an annual average, the User shall be entitled to have the monthly fees and charges reduced accordingly, from the inception of a significant service impairment until this is remedied. A significant service impairment exists if:

a) the User can no longer access the services offered for reasons for which he/she or the third parties are not responsible and, therefore, can no longer use them; and
b) the overall use of these services is significantly impaired, or the use of individual services becomes impossible, or comparable restrictions exist.

Gantner Pigeon's liability is not engaged and the fee reduction is thus excluded for service impairments of any nature outside Gantner Pigeon's area of responsibility.

8.2 Claims for damages due to service disruptions are excluded, unless Gantner Pigeon is found liable for them due to intent or gross negligence. Liability for loss of profit, lack of savings, lost or changed data, indirect damages, as well as damages from claims of third parties are excluded, as far as this does not conflict with mandatory law. Gantner Pigeon cannot be held liable for damages caused by misuse or incorrect use of the data provided, by incomplete or incorrect information or by disregard of the User's duty of care as stipulated in the Terms of Use. Liability for damages caused by a third party gaining knowledge of the User's name and password through negligence of the latter is also excluded.

8.3 Gantner Pigeon may interrupt access to the digital services for an appropriate period of time for good cause, such as servicing and maintenance.

8.4 Neither Gantner Pigeon nor any third party warrants in any way the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The User acknowledges that such information and materials may contain inaccuracies or errors. Any liability arising thereof is expressly excluded to the extent permitted by law.

8.5 Links used on the platforms operated by Gantner Pigeon serve to provide further information. Their presence shall not be construed as Gantner Pigeon's support to the linked sites, for which content Gantner Pigeon's declines any responsibility whatsoever.

9. Jurisdiction, applicable law

The contract shall be governed by Austrian law. The place of jurisdiction is the court at the registered office of Gantner Pigeon in Austria.

10. Miscellaneous

Should individual provisions of the contract or these General Terms and Conditions be wholly or partially invalid, the remaining provisions shall remain effective. Upon partial invalidity, the contracting parties undertake to replace the invalid provisions with provisions that correspond as closely as possible to the purpose of the invalid provision.