General Terms and Conditions
from Personal Weddings in Austria
- General information:
1.1 The customer (usually the bridal couple - BP) commissions the wedding planner, Nicole Friedrich, (hereinafter referred to as HP) with the services expressly listed in the separate order letter and in these terms and conditions. HP's activities are based on the job description published by the Fachgruppe Freizeit- und Sportbetriebe, available at www.freizeitbetriebe-wien.at/weddingplanner/. In case of doubt, these GTCs and the concluded contracts are therefore to be interpreted in accordance with the job description. The essential content and data of the agreed services, the contracting parties, the agreed remuneration for HP's services, any agreed budget framework as well as the customer's wishes and suggestions are bindingly set out in the separate order letter.
1.2 Deviations or additions to the order letter or to these contractual conditions as well as subsequent changes to the commissioned services require a written agreement between the contractual parties or written confirmation by HP. It is hereby established that the contracting parties have not made any exclusively verbal collateral agreements.
1.3 The order is concluded by signing the order letter and these contractual terms and conditions. The customer commissions HP exclusively with the services specified in the contract documents. No other services are owed. HP may also provide the agreed services through assistants (its own employees or other commercially authorised HP employees).
- Subject matter and authorisation:
2.1 Clients commission HP to advise, organise, plan, supervise and coordinate an event at the date and location specified in the order letter. Depending on the client's wishes and agreement, HP can take on full or partial organisation. The agreed services are provided on the basis of the wishes and specifications set out in the order letter. At the customer's request, HP shall be commissioned to present a concept for the wedding; whether for a fee or free of charge shall be agreed in advance on a case-by-case basis. In the absence of other agreements, a fee paid for the presentation shall be credited if an order is placed on the basis of the presentation. Unless the rights to the concept are expressly transferred, these shall remain with HP. Unless special written specifications are made by the client when the order is placed, HP is free to provide the services. HP is free to reject content proposals or contributions from the customer or third parties if these do not fit in with the overall concept. Cost estimates commissioned by the Customer are subject to payment. The fee owed for this is regulated separately, otherwise a reasonable fee is due. A fee paid for this shall be credited if an order is placed on the basis of the cost estimate.
2.2 As part of the creation of the concept, HP will plan the course of the event and - if commissioned - the involvement of the registry office, determine the order of contributions or change these - if necessary also during the wedding - if HP deems this appropriate. HP shall be responsible for the careful selection of suppliers and service providers (network partners - NWP) such as photographers/videographers, gastronomy/catering, event technicians, florists, decorators, musicians and other artists, pyrotechnicians or other specialists who offer contributions for the event, in accordance with the customer's wishes and adapted to the available budget, and for proposing these to the BP, whereby HP shall always act as an intermediary. In particular with regard to the venue, equipment and styling (clothing, make-up, hairdresser) of the customers and the sending of invitations, HP will advise the customers on request. The organiser of the wedding is the client. HP will advise the bridal couple on the legal criteria to be observed. HP accepts no liability for the actions or omissions of suppliers and service providers and no liability for the operational realisation of the event.
2.3 HP shall select providers with due commercial care in the interests of the customer, take into account the customer's wishes as far as possible, enable samples, provide illustrative material such as photos and videos, if this is requested by the customer and offered by the respective providers.
2.4 At the Customer's request, HP will obtain cost estimates for services from individual providers (either free of charge or for a fee, depending on the agreement).
2.5 HP will not conclude its own contracts with individual providers. Contracts with network partners are concluded exclusively by the customers (the bridal couple). When concluding contracts between providers and the bridal couple, HP will ensure that the interests of the customers are protected. HP is commissioned and authorised to conclude contracts with third parties, such as the above-mentioned providers, in the name of and for the account of the customer, insofar as this serves the execution of the event. HP arranges these services, does not offer them in its own name and does not organise them.
2.6 The service does not include the provision of personal items such as official documents, bridal bouquets and wedding rings, or the inspection and control of facilities and equipment, premises and other areas, in particular with regard to safety.
2.7 If a provider is unable to attend, HP will propose an equivalent authorised replacement to the customer if the provider is unable to do so immediately.
2.8 HP and the customer shall inform each other immediately of all events and circumstances relevant to the contract and, if necessary, coordinate accordingly. On the day of the event, HP shall look after the customers and coordinate the providers or suppliers, insofar as this has been contractually agreed.
- Right of withdrawal, cancellation, postponement of the appointment
3.1 HP grants the customer the right to withdraw from this contract within 7 days of conclusion without being charged a fee. In the event of cancellation after this period, HP is entitled to a fee of 25 % of the agreed fee. If a cancellation is made up to 6 weeks before the agreed wedding date, HP is entitled to 90 % of the agreed fee. If cancellation occurs after this date, the entire agreed fee is due. Cancellation of the contract must be made in writing.
3.2 Customers acknowledge that HP's services are independent of whether the event actually takes place. HP is therefore entitled to the agreed fee even if the event is cancelled for whatever reason. Partial services can be invoiced after completion of the respective partial services.
3.3 Customers acknowledge that postponements of the event also require the written consent of HP. In this case, a separate fee agreement must be made with HP in the event of increased workload.
- Warranty/liability:
4.1 HP shall make a diligent effort to organise and create the concept for the event and its supervision. Apart from its conscientious and careful advice and mediation, HP does not owe any success and does not provide any guarantee for the services of third parties, in particular network partners, for the implementation of their services, for the suitability or safety of facilities, equipment, premises or other areas.
4.2 HP guarantees that the agreed budget will be adhered to in the best possible way. An exception to this is an extension of the wishes/requirements by the bridal couple. In this case, the budget will be adjusted and re-agreed. If HP realises that the budget would be exceeded without a change in requirements, HP undertakes to inform the client and, if necessary, to agree to an extension of the budget or to adapt the concept to the budget.
4.3 Obtaining any necessary official authorisations, such as event registration, aviation, nature conservation, pyrotechnical or road police permits, is not automatically included in HP's scope of services. HP can obtain these for the customer by separate order with the authorisation granted above. All taxes, fees, levies and copyright fees (AKM) arising in connection with the event shall be borne by the customer.
4.4 Liability for property damage due to slight negligence, compensation for consequential damage or damage from third-party claims is excluded.
- Fee:
5.1 The fee agreed in the order letter is a fixed amount. HP is entitled to invoice 30 % of the agreed fee when the order is placed and to agree further advance payments corresponding to the preparatory work, whereby the last advance payment may be due immediately before the day of the event. Unless otherwise agreed, the entire fee is due immediately after fulfilment of the contract (on the day after the event). All fees offered and invoiced by HP are gross amounts including VAT or net amounts with VAT added.
5.2 Any cash expenses incurred as a result of the order, such as fees, travelling expenses and advance payments to third parties, may be invoiced by HP. A separately agreed or appropriate fee will be charged for any agreed activities that go beyond the scope of the order letter and these contractual conditions.
- Data protection copyright, intellectual property
6.1 The customer agrees that HP may disclose the customer's personal data, such as address, date of birth and email address, to third parties within the scope of this contract, insofar as this is necessary for the fulfilment of the contract. Customers also agree that HP may store and use the names of customers and any photos or videos taken during the event for its own marketing purposes.
6.2 The plans, designs, concepts and drafts created by HP are the exclusive intellectual property of HP. Customers are only authorised to use these documents upon full payment of the agreed fee. The passing on, publication, duplication, reproduction or other (further) utilisation, whether for private or commercial purposes, is only permitted with the prior written consent of HP.
- Other:
7.1 The place of fulfilment and jurisdiction is the registered office of HP.
7.2 The business relationship in question is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7.3 Written form within the meaning of this contract shall be deemed to exist if notifications are made in writing (by letter, fax, email or comparable media such as SMS, messenger services, etc.). Customers declare that they have read these contractual terms and conditions before signing the contract and that they agree with them.
7.4 In the event of disputes about the contract and its content that cannot be resolved by mutual agreement, the contracting parties agree to consult a neutral, authorised registered mediator by mutual agreement, whereby the costs incurred shall be shared.