Terms

Allgemeine Geschäftsbedingungen (AGB – Fassung Mai 2019)

Doris Wallner – www.doriswallner.com

Allgemeine Geschäftsbedingungen ausdrucken

Doris Wallner

Wedding & Event Management
Ehrenbergerweg 3
A-5760 Saalfelden

Member of the Austrian Chamber of Commerce

ATU70043623
Phone: +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

1.) Scope, General

Unless otherwise agreed, all services (conception of events, organization and planning of events and implementation, support of customers and mediation of services of third parties for the performance of events) between the and Doris Wallner these “General Terms and Conditions” (Terms and Conditions). The following conditions are therefore exclusively relevant for the offers, deliveries and services of Doris Wallner unless otherwise agreed in the contract.

General terms and conditions of the customer become part of the contract only if they are acknowledged by Doris Wallner in writing. The acceptance of Doris Wallner’s performance shall in any case be deemed to be acceptance of these General Terms and Conditions.

The service description is described in detail in the contract.

2.) Conclusion of contract, content of the contract

 

Doris Wallner’s offers are always subject to change. Doris Wallner’s offers, known as “cost framework”, “cost estimate” or “rough cost calculation”, are non-binding.

 

The contract is legally concluded with the written order confirmation.

If offers are prepared in accordance with the customer’s specifications and the documents provided by him or his direct sub-suppliers, Doris Wallner shall not be liable for the accuracy and appropriateness of these documents, unless their fault and Inappropriateness is not detected intentionally or through gross negligence.

3.) Prices

The offer prices are expressed in euros. All prices are net, excluding VAT.

 

Doris Wallner is entitled to provide partial services and to settle them separately. The prices stated in the order confirmation are subject to the proviso that the underlying order data remains unchanged. Prices do not include costs for packaging, freight, postage, insurance and any shipping costs.

 

Unless otherwise agreed, third parties working for Doris Wallner are commissioned on behalf of Doris Wallner. In this case, it shall not be obliged to invoice for the services provided by third parties on its behalf or to submit an invoice to the persons entrusted by it. This does not apply to companies that are contracted to the customer. These are directly commissioned by the customer. Unless Doris Wallner acts as a general contractor on behalf of the customer.

 

Services not included in the offer, which are carried out at the request of the customer (by e-mail, telephone order, etc.) or additional expenses caused by incorrect information of the customer, repeated changes in the concept of the customer, by fault Transport delays or due to non-timely or professional advance payment by third parties will also be charged to the customer according to the current remuneration rates, at the applicable hourly rate.

 

Travel costs: Trips within the entire organisation of Doris Wallner or persons sent by it, which are more than 20 km from Saalfelden, will be charged at an extra € 0.50/km. The time required for this will be charged extra if this service is not included in the flat-rate contract. Doris Wallner strives not to make unnecessary or additional journeys and to bundle organisations where possible.

 

Any working hours incurred in addition to the agreed scope of services will be charged at the applicable hourly rate.

4.) Obligations of the customer, organizer liability & further authorisations


The customer must immediately inform Doris Wallner of all the information necessary for the execution of the order. Delays due to the customer’s lack of cooperation are not at the expense of Doris Wallner.

The customer warrants that the data provided is correct and complete, and the customer must notify Doris Wallner in writing without delay.

 

As an organiser, the customer is obliged to take additional measures, if necessary, in order to comply with legal requirements, such as the provisions on the protection of minors, etc., and, in particular, in consultation with authorities, to obtain necessary permits, etc., in good time. Obtain.

 

The customer undertakes to take out an organizer’s liability insurance for the event. Doris Wallner is happy to provide information and contacts on this subject.

 

For musical performance and mechanical reproduction rights (e.g. AKM for Austria, GEMA for Germany, SUISA for Switzerland) and other permits as well as permits of all kinds (e.g. rights of way of transport, helicopter landing permits, permitfor helium balloons, etc.) are collected by Doris Wallner at the customer’s expense if necessary.

Additional info: Weddings are excluded from the AKM.

5.) Warranty

The customer is obligated to check the performance of Doris Wallner at the end/acceptance and to report defects. If, despite careful examination, a defect appears later, it shall be notified immediately. In any case, Doris Wallner must have received notices of defects in writing no later than 7 days after the end of the event. Doris Wallner may refuse to remedy defects as long as the customer has not properly complied with his contractual obligations.

 

If the notification of defects is delayed or reservations have not been made for known defects at acceptance/handover, the warranty claims shall expire completely. The same applies if the customer makes changes himself or Doris Wallner makes it difficult to identify the defects.

Claims for damages, in particular those resulting from breach of the obligation to rectify the repair, are excluded, provided that they are not based on gross negligence or intent.

6.) Liability

Doris Wallner is only liable for timely and quality-oriented execution if the customer has duly complied with his contractual obligations, in particular those for timely payment.

 

No liability shall be assumed for defective deliveries or services of third-party companies that are engaged on behalf of the customer, unless Doris Wallner commits an intentional or grossly negligent breach of the duty of care in the selection and monitoring of third-party operations.

 

Unless otherwise agreed, Doris Wallner is not liable for the valuables of the customer, unless Doris Wallner has caused the damage to the objects by intentional or grossly negligent action.

 

Claims for compensation for damages of any kind, including damages that have not arisen on the subject matter of the service itself, for example due to delay, impossibility of performance, positive breach of claims, fault at the conclusion of the contract and unauthorised Act, are excluded, insofar as the damage was not caused by intentional or grossly negligent action and insofar as the performance of the contract is not thwarted or endangered by the exclusion of the claims for compensation.

7.) Intellectual Property Rights

All industrial property rights (copyright and performance rights, trademark rights, competition protection, competition protection, patent rights), unless expressly agreed otherwise, remain exclusively with Doris Wallner. The transfer of rights of use and exploitation requires the written agreement and is always only valid for the specific event. Only Doris Wallner or persons expressly commissioned by doris Wallner or persons expressly commissioned by them may make changes to concepts, drafts, etc.

 

The customer is entitled to use the concepts, drafts, etc. of Doris Wallner only for the own purposes provided for by the contract for the event mentioned in the contract. In the event of a contract cancellation on the part of the customer, the customer may not continue to use or pursue the concepts already established. Reproductions are only permitted with the express and prior consent of Doris Wallner. Print templates, work films and negatives produced by Doris Wallner or on your behalf remain the property of Doris Wallner, even if you are charged to the customer. Should a contract be terminated, the customer is not allowed to continue using concepts already created by Doris Wallner. Doris Wallner will immediately inform all companies involved of the termination.

 

With regard to the execution of orders in accordance with the information or documents provided by the customer, the customer accepts the granting that the manufacture and delivery of the services performed according to his information and documents does not infringe the intellectual property rights of third parties. Be. Doris Wallner is not obliged to check whether the information or documents provided by the customer for the provision of services can infringe or infringe the intellectual property rights of third parties.

8.) Privacy & Cookies & Documents Retention

Doris Wallner is important for the security of all data.

It should be noted that in the context of the business relationship or in connection with this personal data, whether they come from Doris Wallner himself or from third parties, personal data are 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) applies here.

 

Data will be used exclusively for specific purposes and will only be passed on to third parties if they expressly contribute to the performance of the purpose to the order. According to the EU General Data Protection Regulation(GDPR)and according to the Federal Law Gazette 2017/120 (LINK) of the Republic of Austria with final effect 25.5.2018, users have the right to receive information about the personal data that Doris Wallner has stored about them free of charge upon request. In addition, every customer or user has the right to rectify incorrect data, block and delete his personal data at any time, insofar as this is not precluded by a statutory obligation to retain or report.

Processing

Personal data, which the client Doris Wallner has transmitted via a website or email, will only be processed for correspondence and only for the purpose for which the client provided data.

 

Doris Wallner assures that personal data will not be passed on to third parties unless the legal requirement or order so requires.

 

Storage

The data provided will only be stored until the purpose for which it was entrusted is fulfilled. If statutory retention periods are to be observed, these are complied with.

 

Should the client no longer agree with the storage of his personal data, the stored data will be deleted at his direction.

9.) Terms of payment

Doris Wallner is entitled to charge for each individual service immediately after it has been provided.

 

Unless otherwise agreed, invoice amounts are due for payment within 14 days with incoming invoice receipt, without deduction.

 

In addition, Doris Wallner is entitled to demand advances in order to cover her expenses in accordance with the following list.

The list can be seen separately in organization and support on the day of the event.

 

Organization:

  • 30 of the agreed remuneration at the time of placing the order,
  • 70 is calculated in accordance with the order for the term of the contract.
  • Final settlement according to agreement, after the event.

Support on the day of the event:

  • 100 of the agreed remuneration upon receipt of the final statement,
    Final settlement according to agreement, after the event

Deductions of any kind are excluded. Down payments are not subject to interest.

Bank details Doris Wallner:

Raiffeisenbank Saalfelden

IBAN: AT59 3505 3000 0016 5340

BIC: RVSAAT2S053

10.) Vouchers:

 

Purchased vouchers can also be exchanged within Doris Wallner’s range of services, depending on the availability of the offers. The redemption value depends on the current prices of the service. Validity is limited to a maximum of 3 (three) years from the date of purchase. In addition, there are no claims for refund or redemption. A monetary replacement is not possible. The vouchers are personal. It is only possible to pass on to other persons in consultation with Doris Wallner.

11.) Withdrawal of contract (cancellation/cancellation)

Withdrawal from the customer:

In the event of cancellation of the contract, the expenses & services incurred up to the time of withdrawal (according to invoices of any cooperation partners and records of Doris Wallner), which have not yet been invoiced in advance by partial invoice, will be charged to 100.

 

Cancellation of day care:

In the event that the customer cancels the day care, the following fees apply:

Up to 90 days before the day care date: no cancellation fee

89 to 30 days before the date of day care: 70 of the agreed flat rate

29 to 0 days before the date of day care: 100 of the agreed flat rate

Doris Wallner is no longer liable for the proper conduct of the event from the date of withdrawal and will also inform all service companies involved.

 

Resignation by Doris Wallner:

 

Doris Wallner reserves the right to withdraw from the contract for reasons of non-compatibility with the business conduct of the customers. In this case, Doris Wallner will seek an adequate replacement for the customer at no additional cost, which will take over the customer support in the sense of the originally signed agreement.

 

Shift:

Should it be impossible for absolutely unforeseeable reasons for the customer or Doris Wallner to meet the deadline, a replacement date will be agreed together.

Any claims for costs must be agreed separately in individual cases.

12.) Transport, packaging, delivery dates


Unless otherwise agreed, the (delivery,-) items are always transported at the expense and risk of the customer. Unless there is a special instruction, Doris Wallner determines the shipment at its discretion without responsibility for special packaging or the cheapest and fastest way.

 

Doris Wallner is entitled, but not obliged, to take out transport insurance, the costs of which the customer has to bear.

 

Transport damage must be reported to Doris Wallner immediately. Any claims against the transport company will be assigned at the request of the customer.

 

Items of the customer, which are necessary for the provision of services of the agency, must be delivered free of charge on the agreed date or to the place specified by Doris Wallner. The return of such parts takes place without charge from the place of use and at the risk of the customer.

13.) Power of attorney

 

With the conclusion of the contract, the customer issues doris Wallner’s order and power of attorney, on behalf of the customer and on his invoices, in particular to authorities, church organizations, network partners or third parties, to sign anything for the implementation of the events, provided that the individual order does not exceed € 250.00. If this sum is exceeded, the order will be agreed with the customer in advance.

14.) Acceptance, transfer of risk, delay in acceptance

The customer is obliged to accept the performance of Doris Wallner on the completion date specified by the customer. Acceptance is made regularly on the occasion of general rehearsals or test runs or visits, meetings or presentation of delivery notes of third parties. This does not apply to the planning services, which are deemed to have been completed and acceptable after the corresponding submission by Doris Wallner.

 

If Doris Wallner’s services cannot be made available to the customer for reasons for which the customer is responsible, the risk passes to the customer. The performance of Doris Wallner is then considered to be fulfilled.

15.) Reference law

 

Doris Wallner is entitled to use the services provided to the customer as a reference in other contexts. The customer is entitled to object to this in writing with effect for the future, insofar as he can prove a legitimate interest in this. Doris Wallner may also refer to himself for advertising purposes and similar measures. Doris Wallner is entitled to these rights without the customer’s right to pay.

16.) Place of performance and place of jurisdiction

The place of performance and place of jurisdiction for all disputes arising between the parties arising from the contractual relationship is the registered office of Doris Wallner and thus the district court in Zell am See (Austria).

 

The law of the Republic of Austria (BGB, HGB) applies to all claims and rights arising from this contract.

17.) Final provisions

Should individual provisions of these “General Terms and Conditions” be invalid or void, this shall not affect the liabilities of the remaining provisions and the contracts concluded on the basis of them. The invalid provision shall be replaced by an effective provision that comes closest to its purpose.