General terms and conditions – event planning (GTC – version October 2021)

Doris Wallner – www.doriswallner.com

Doris Wallner

Weddings Events
Ehrenbergerweg 3
A-5760 Saalfelden

Member of the Austrian Chamber of Commerce

ATU70043623
Tel .: +43 664/76 11 871

Email: info@MeineHochzeitsplanerin.at | www.meinehochzeitsplanerin.at
Email: info@doriswallner.com | www.doriswallner.com
Email: info@weddingaustria.net | www.weddingaustria.net

GENERAL TERMS AND CONDITIONS

1. General:

The Doris Wallner Weddings Events agency is referred to below as the agency and the customer as the client. These general terms and conditions apply to all agreements made between the client and the agency. Conflicting general terms and conditions of the client are only effective insofar as they are expressly recognized in writing by the agency. All additional or deviating agreements must be made in writing. Employees of the agency are not entitled to make any written or oral assurances, unless they have been authorized in writing by the agency.

2. Calculations / fees:

The agency’s fees are based on the recommendations of the Austrian Chamber of Commerce for the areas of PR / advertising / event management, unless otherwise agreed. Any special regulations are agreed individually with the respective customer and are not binding for other projects, services or events or clients.

3. Briefing / first contact:

The initial discussion (briefing) to define the target parameters and record the relevant project data is usually free of charge! This is particularly true if the prospective client wants to get to know the know-how, already implemented projects, internal employees or external cooperation partners as part of a self-presentation by the agency.

4. Offer:

The concept created on the basis of this briefing with a non-binding rough cost estimate is offset against a fair fee. The concept costs are agreed in advance with the client and are based on the task and research effort. The agreed amount will be credited to the total order when the order is placed. This does not apply to artist and speaker offers without research, these are created free of charge.

5. Traveling expenses:

These are charged according to the actual amount: if you arrive by car from 5760 Saalfelden at 90 cents / km, or by public transport: flight in German-speaking countries economy class, train 1st class, hotel: business hotel (4-star basis). Waiting times also count as travel times, insofar as this hinders or prevents the exercise of another activity. There is the possibility of an individually agreed flat rate fee!

6. External costs:

External costs that arise in the context of the planning or implementation of projects or events will be charged on, with a surcharge of the time and organizational expenditure.

7. Copyrights:

The copyright and right of use for all idea sketches, proposals, descriptions, concepts, drafts, graphics, drawings and other documents as well as parts thereof are owned by the agency regardless of the wording, even if a fee has been paid for the presentation . The client only acquires the right of use in the agreed scope and for the agreed purpose. The client is not entitled to transfer this right of use without the express consent of the agency. If the agency’s services go beyond the originally agreed purpose and scope, the agency’s approval is required. The agency is entitled to request a separate fee for this, whereby this fee is based on the recommendations of the Austrian Chamber of Commerce for the areas of PR / advertising / event management. The transfer of the rights of use expressly requires a written agreement, which also includes the amount of the copyright costs. The copyright is NOT transferable! The transfer of the documents, in whole or in part, as well as the publication, dissemination or other use of the presented suggestions, ideas or solutions is not permitted without the agency’s prior written consent and will be prosecuted if necessary! If the client provides its own documents (images, texts, etc.) to carry out an order, the client undertakes to ensure that these documents are free of third-party rights or that the client is entitled to exploit or use these documents. Upon request by the agency, the client must provide written evidence of the existence of these rights. The client undertakes to indemnify and hold harmless the agency from any third party claims in this regard. The agency is entitled to refer to the client, in whatever form, on all advertising material and other services. The client is not entitled to any remuneration as a result. The clients also consent to the agency storing and using the names of the customers and any photos or videos taken during the event for its own marketing purposes.

8. Warranty and compensation:

8.1 Warranty:

The client must submit all complaints in writing to the agency within 3 days after the service has been provided. In principle, the client only has the right to improve the service provided by the agency, insofar as this is possible according to the type of service. The notification of defects must be accompanied by appropriate evidence in order to enable the agency to review the alleged defects.

8.2. Compensation: The agency is only liable for damage caused by gross negligence or intent. The amount of the obligation to pay damages is limited to the amount of the agreed fee, up to a maximum of € 2,000.

9. Liability Committee:

The client undertakes to check the services proposed by the agency for legal compliance, in particular for compliance with competition law regulations. The agency assumes no liability for this. Should the agency be called upon by third parties for this reason, the client undertakes to indemnify and hold harmless them with regard to all costs arising therefrom, including legal fees.

10. Payment agreement:

The agency is entitled, depending on the order, to demand advance payments to cover its expenses, in particular to cover pre-financing for (third-party) services. Depending on the project, event type, event budget, share of external costs and project progress, an advance payment of up to 90% of the order volume is considered normal. The invoices submitted by the client are due immediately net cash without a discount from the invoice date. In the event of default in payment, default interest of 12% pa is agreed. A set-off against claims of the client may only be made with recognized or legally established claims.

11. Cancellation conditions:

11.1 Agency services: All preparatory work carried out by the agency, such as creative, conceptual and organizational services, are due in full in the event of a cancellation at the time of cancellation.

11.2 External services (artists, technology, decoration, etc.): If the project or the event and / or parts thereof are canceled by the client after the contract has been signed, the following binding cancellation agreements apply with regard to the agreed order amount: Cancellation up to 4 weeks before the event, 50% of the AS; Cancellation up to 2 weeks before the event 80%, the AS; Cancellation up to 13 days before the event 100%, the AS.

11.3 The following applies to bookings by speakers: cancellation up to 10 weeks before the event 30%, the AS; Cancellation up to 6 weeks before the event 60%, the AS; Cancellation up to 41 days before the event 100%, the AS. Any other special agreements in this regard must be fixed in writing on both sides when the contract is concluded!

12. Subcontractor:

The agency is also entitled to provide services through subcontractors. These are only in a contractual relationship with the agency, but not with the client. Appearances by protagonists commissioned by the agency (e.g. speakers, artists, etc.) will be charged with additional time and organizational costs. The person performing has the right to adapt his program to the local conditions. In addition to mutual reasons of force majeure as a cancellation-free reason for the termination of the contract or the prevention of performance, in extreme cases the client’s failure to meet the agreed minimum requirements (such as insufficient stage quality, lighting and sound technology or all other agreed additional services such as cloakroom, catering, hotel reservations, etc.) applies .) as an obstacle to performance, which can sometimes result in an additional obligation to pay damages on the part of the client!

13. Data protection storage of documents

13.1 The security of all data is important to the agency. It is pointed out that in the context of the business relationship or in connection with this personal data, regardless of whether they come from the agency itself or from third parties, will be processed within the meaning of the Federal Data Protection Act.

The data protection declaration according to the Telecommunications Act (TKG) and the Data Protection Act (DSG) apply here. Data will only be used for a specific purpose and will only be passed on to third parties if they expressly contribute to the fulfillment of the order. According to the EU General Data Protection Regulation (GDPR) and the Federal Law Gazette 2017/120 (LINK) of the Republic of Austria with final effect on May 25, 2018, users have the right to request information free of charge about the personal data that the agency has stored about them to have. In addition, every client or user has the right to correct incorrect data, block and delete his personal data at any time, provided that there is no statutory retention or reporting obligation.

13.2 Data processing – Personal data that the client has transmitted to the agency via a website or email will only be processed for correspondence and only for the purpose for which the client made data available.

The agency guarantees that personal data will not be passed on to third parties, unless this is required by law or the order.

13.3 Data storage – The data provided will only be stored until the purpose for which it was entrusted has been fulfilled. If statutory retention periods are to be observed, these will be adhered to.

If the client no longer agrees to the storage of his personal data, the saved data will be deleted on his instruction.

13.4 The client agrees that the agency will disclose personal data to third parties within the framework of this contract, such as address, date of birth, e-mail address, if necessary for the fulfillment of the contract. Customers further consent to the agency storing and using the names of the customers and any photos or videos taken during the event for its own marketing purposes.

14. Miscellaneous:

14.1 If a project / event does not come about for reasons that are in the sphere of the client, or the agency is prevented from providing the service due to circumstances that are not in the sphere of the agency, the agency is entitled to the full fee to. The same applies in the event that the provision of the service by the agency is prevented by force majeure.

14.2 The agency undertakes to carry out all services with the diligence of a prudent businessman.

14.3 The client provides the agency with all necessary information and approvals for a successful implementation of the event, in accordance with the schedule. Significant delays can lead to additional costs and / or loss of quality. The detailed and approved time and schedule is enclosed with this agreement and may no longer be significantly changed by the client.

14.4 The client is obliged to ensure that all official requirements and regulations are complied with during the event, unless this obligation has been contractually assumed by the agency.

15. Final provisions:

Austrian law applies exclusively to all agreements between the client and the agency. The place of jurisdiction for all disputes between the client and the agency is agreed to be the locally and materially competent court for the agency’s headquarters. The place of jurisdiction is Zell am See.

Status: October 2021