General business terms (GBT)
(... Created by the Austrian Federal Economic Chamber in collaboration with leading agencies of Austria.)
These GBT are basis to all contractual agreements between INNTOUR (contractor) and its customers (Clients / may be individuals, a group of persons or a company). Any other GBT of the client will only be part of the contract if the client vetoes the GBT of INNTOUR in written form. The client then has to bring in his own GBT in written form which INNTOUR may refuse to accept.
1. Relation between Client and Contractor; Duty of care
a) The client commissions the agency of INNTOUR, represented by Mag. Michael Bär to execute the offer described and written in the confirmation of order.
b) The agency is obliged to fulfil their services according to the principles of duty of care of a proper businessman considering interests of the client.
The agency is especially obliged to conscientious consultation of the client and meticulous preparation, choice and supervision of suppliers and subcontractors.
2. Service – Scope of Services
a) Scope of all contractual services and fee results from written agreements. Additional agreement or modification that change service or price, must be stated in written agreement and must be signed by both parties.
b) The client provides the agency with the budget that is stated in the cost estimate irrespective of the honorary that was agreed on for concept and supervision.
c) The budget may only be forwarded after explicit written instruction of the client.
d) The agency is authorized to change the sequence of actions upon prior agreement of the client. Any change to the agreed on services need to be stated in written form as soon as possible. e) Any service that the agency signs on behalf of the client has to be stated in written form. That includes the hiring of locations and rooms, contracts with catering businesses as well as contracts with artists, contractors and subcontractors.
f) In that case the agency will gather preliminary cost estimates from contractors and subcontractors at clients expense. Selection of contractors and subcontractors is up to the client, if requested the agency will take care of this part of the agreement.
3. Taxes and financial procedure
a) All upcoming taxes, fees, charges and copyright charges (AKM and suchlike) are at clients expense.
b) Essential amounts of money needed to execute planned performances have to be provided by the client at a time both parties agree on.
|Terms of payment:||75% of contract volume until 7 days before the event|
|25% until 14 days after the event (billing)|
a) Terms of payment have to be regulated in written form and in agreement of both parties.
b) In case the client orders the agency to prepare an offer (presentation) but then does not order at the agency, the agency has the right to bill the client for the service provided. In case the event does not take place for whatever reason, the agency has the right to bill the client.
5. Cancelation / modification of Event
a) The client has the right to cancel the contract at any time. To drop out early obliges the client to the payment of the following charges:
|Cancelation after receipt of order||15%|
|Cancelation until 21 days prior event||30%|
|Cancelation until 7 days prior event||75%|
|Cancelation by non-appearance||90%|
b) The agency has the right to cancel or modify the event if partial payment of the client is not received by the agency in due time or if, even on demand, payment within contractual borders is not received by the agency.
INNTOUR reserves the right to cancel single activities on short notice or to hold alternative activities for safety reasons (Danger of avalanches, lack of snow, warm weather spell, rain, icing of
toboggan trails, and so on)
All of these essential changes will not result in reduction/increase of the sales price unless the agency has to do subsequent charging for special disbursement which can only happen on prior agreement of the client to these specials.
a) The agency offers to negotiate a sufficient host liability insurance for the client. Costs of insurance are at clients expense.
7. Final clause / Court of jurisdiction
All contracts underlie Austrian Rights. For all conflicts that may occur out of business connection with INNTOUR, the location of the agency (6020 Innsbruck/Austria) is the declared court of jurisdiction.
If parts of these GBT are invalid or become invalid at a future point the rest of this declaration stays valid. Instead of invalid regulations of this agreement, a regulation takes place that comes nearest to what both parties would have wanted, provided that both parties had thought about that point of the agreement. The same applies for possible gaps of the contract.
8. Additional Agreements / Written Form
a) Contract parties agree upon strict confidentiality on all insight that occurs through written correspondence even after ending of contractual relationships.
b) If one or more agreements of this regulation are invalid all other regulations remain valid.
c) Hereby the client is informed that due to the implementation of the contract information data and his name will be recorded and used as reference. Nevertheless there will be no compensation by the agency.
State of affairs: August 2009