DISCLAIMER: This translation into English of the Terms is provided for informational and convenience purposes only and is not legally binding.
General Terms and Conditions (May 2017)
1. Scope of Application
The following "Terms and Conditions" (hereinafter referred to as "terms") apply to all contracts concluded between CHRISTIANE RINNER HOCHZEITSPLANER and the bridal couple / client (hereinafter
referred to as "client"). These terms govern the use of the services provided by CHRISTIANE RINNER HOCHZEITSPLANER (hereinafter referred to as "services") and the resulting rights and obligations
of CHRISTIANE RINNER HOCHZEITSPLANER and the client.
By initially accepting services by CHRISTIANE RINNER HOCHZEITSPLANERS the client expressively acknowledges and agrees the validity of the terms. A waiver of the terms is effective only if it has been previously agreed with CHRISTIANE RINNER HOCHZEITSPLANER in writing.
CHRISTIANE RINNER HOCHZEITSPLANER ensures that the current version of the terms is available to read and download on the website www.tiroler-hochzeitsplaner.at. Any additional verbal agreements between CHRISTIANE RINNER HOCHZEITSPLANER and the client shall be null and void.
If any provision of the terms is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be severable to the extend required and the terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never constituted a part hereof. The remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance. In lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of the terms a legal, valid and enforceable provision as similar to the illegal, invalid or unenforceable provision as possible.
CHRISTIANE RINNER HOCHZEITSPLANER is entitled to change the terms at any time. The terms apply in the version valid at the time the contract has been concluded.
2. Conclusion of Contract
All offers made by CHRISTIANE RINNER HOCHZEITSPLANER are binding. In case nothing to the contrary has been agreed upon in writing all offers by CHRISTIANE RINNER HOCHZEITSPLANER are binding for
28 days. The contract is concluded upon signing a written contract for work and services.
Any services provided by CHRISTIANE RINNER HOCHZEITSPLANER before the conclusion of the contract are charged at an hourly rate of € 50, if the client denies concluding the contract due to reasons not being attributable to the sphere of CHRISTIANE RINNER HOCHZEITSPLANER’s control or organisation.
The contract is concluded for the term of its one-time fulfillment.
If the client consists of two or more people, one is required to be authorized to submit and receive declarations and agreements associated with the contract.
The services offered by CHRISTIANE RINNER HOCHZEITSPLANER contains a wide range of offerings. The specific scope of services is determined by the terms of reference of the work contract by CHRISTIANE RINNER HOCHZEITSPLANER. Subsequent changes of the scope of service are required to be agreed upon in writing. When fulfilling the order CHRISTIANE RINNER HOCHZEITSPLANER may exercise creative freedom within the given framework determined by the client.
Clearing and settling of third-party service providers takes places directly between client and service providers. However, if agreed upon between client and CHRISTIANE RINNER HOCHZEITSPLANER, the client may be represented by CHRISTIANE RINNER HOCHZEITSPLANER.
4. Provision of Service
The client expressively acknowledges and agrees that CHRISTIANE RINNER HOCHZEITSPLANER exclusively provides consulting, organisation and support services.
Any services going beyond this scope are provided by third parties (this also includes cooperation and network partners of CHRISTIANE RINNER HOCHZEITSPLANER).
The client expressively acknowledges and agrees that he/she is required to become a contractual partner of the third party.
Third-party services refer to services that are not provided by CHRISTIANE RINNER HOCHZEITSPLANER. CHRISTIANE RINNER HOCHZEITSPLANER is not liable for third-party services that are provided improperly, not at all or not on time.
All services provided by CHRISTIANE RINNER HOCHZEITSPLANER remain the sole property of CHRISTIANE RINNER HOCHZEITSPLANER, until payment has been received in full. This applies in particular to services which are intellectual property of CHRISTIANE RINNER HOCHZEITSPLANER. Therefore, until payment has been made, the client shall not be entitled to implement or have third parties implement the concepts or schedules etc. created and provided by CHRISTIANE RINNER HOCHZEITSPLANER. Furthermore, the client shall not be entitled to use these concepts or schedules, etc. in any other way for his/her own benefit.
In the unlikely event that CHRISTIANE RINNER HOCHZEITSPLANER is unable to provide the services due to reasons such as illness, a suitable, qualified substitute designated by CHRISTIANE RINNER HOCHZEITSPLANER shall be provided.
5. Obligation to Cooperate
The client is obliged to provide CHRISTIANE RINNER HOCHZEITSPLANER on time with all useful and complete information necessary for CHRISTIANE RINNER HOCHZEITSPLANER to provide the services.
The client is obliged to inform CHRISTIANE RINNER HOCHZEITSPLANER of all circumstances that are relevant for the implementation of the provision of the services, even if these circumstances only become known during the execution of the order.
If the client violates the obligations mentioned above, the client bears all costs and expenses, which arise from services by CHRISTIANE RINNER HOCHZEITSPLANER which have to repeated, modified or delayed due to incorrect, incomplete or subsequently changed details.
The client is obliged to consider all resources and documents made available for the implementation of the order on any existing copyrights, trademark rights or other rights of third parties. CHRISTIANE RINNER HOCHZEITSPLANERS is not liable for infringement of such rights.
6. Charges and Payments and fees
If the client commissions CHRISTIANE RINNER HOCHZEITSPLANER, the client is required to pay an advance payment amounting to 50% of the existing order total at this time to CHRISTIANE RINNER HOCHZEITSPLANER. Full payment is required on the day of the wedding.
Unless otherwise agreed, payment for each individual service provided by CHRISTIANE RINNER HOCHZEITSPLANER is due when the service is rendered.
CHRISTIANE RINNER HOCHZEITSPLANER is entitled to separately invoice cash outlays such as travel expenses in the amount of € 0.42 per kilometre (outside a radius of 20 km from the office of CHRISTIANE RINNER HOCHZEITSPLANER) or copying costs, etc..
The invoices issued by CHRISTIANE RINNER HOCHZEITSPLANER to the Client are due for payment immediately without deductions.
CHRISTIANE RINNER HOCHZEITSPLANER is entitled to receive contractual remuneration in the contractually agreed manner, if the wedding cannot take place, cannot take place on the agreed date or cannot take place due to circumstances not being attributable to the sphere of CHRISTIANE RINNER HOCHZEITSPLANER’s control or organisation.
All charges including interest rates are always required to be borne by the client and are due and payable immediately.
In the case of the provision of third party suppliers, CHRISTIANE RINNER HOCHZEITSPLANER may act as a debt collector. CHRISTIANE RINNER HOCHZEITSPLANER does not act as middlemen, but only as an intermediary.
7. Delay in Payment
In the event of culpable delayed payment by the client the client is charged a 1% default fee of the total per week. CHRISTIANE RINNER HOCHZEITSPLANER is entitled to invoice a reminder fee of € 5 for each reminder of outstanding balances.
8. Cancellation and Termination
In general the client has the right to withdraw from the contract concluded with CHRISTIANE RINNER HOCHZEITSPLANER at any time. Withdrawals are subject to the following cancellation conditions.
In the event of cancellation, the cancellation fee is based on the announced wedding day.
If CHRISTIANE RINNER HOCHZEITSPLANER and the client have agreed on hourly billing, CHRISTIANE RINNER HOCHZEITSPLANER is entitled to invoice all work done until the date of cancellation.
CHRISTIANE RINNER HOCHZEITSPLANER is entitled to terminate the contract with immediate effect at any time due to important reasons.
Important reasons are especially,
a) if the provision of the service is impossible due to reasons being attributable to the sphere of the client’s control or organisation, or if the provision of the service has been delayed further due to reasons being attributable to the sphere of the client’s control or organisation despite a grace period of 14 days.
b) if despite a written warning with a grace period of 14 days, the client continues to violate basic obligations of this agreement (e.g. payment of an amount due or obligations to cooperate).
c) if there are legitimate concerns about the creditworthiness of the client and the client refuses to make an andvance payment upon request of CHRISTIANE RINNER HOCHZEITSPLANER.
d) if a bankruptcy or composition proceedings were filed for the assets of the client or if such a proceeding will be dismissed. An important reason is also if the client ceases to pay.
In the event of termination all claims for services provided by CHRISTIANE RINNER HOCHZEITSPLANER up to the date of termination as well as any claims for damages remain unaffected.
All cash expenditures, already provided services by third parties as well as any cancellation costs are required to be borne by the client.
Only in cases of intent or gross negligence CHRISTIANE RINNER HOCHZEITSPLANER is liable for damages it has caused itsself or that has been caused by its employees. Liability for slight negligence is excluded.
No legal rights arise from any voluntary services provided by CHRISTIANE RINNER HOCHZEITSPLANER.
If plans or explicit instructions made by CHRISTIANE RINNER HOCHZEITSPLANER are violated, warranty claims asserted against CHRISTIANE RINNER HOCHZEITSPLANER are excluded. This also applies to inaccurate fullfilment by third parties.
Warranty claims asserted against CHRISTIANE RINNER HOCHZEITSPLANER are excluded if mistakes can be traced back to information given, recommendations or instructions made by the client.
The client is required to assert any and all warranty claims and claims for damages against third parties and cooperation partners directly and immediately against the third parties and cooperation partners and is required to bear all costs.
The client is responsible for returning rented goods complete and on time (within seven days), unless a special agreement is reached in writing.. Destroyed or lost goods as well as goods given away have to be replaced by the client. Otherwise these goods will be invoiced.
The client is liable for any damages (e.g. location, cleaning, furniture) caused by third parties.
10. Data Protection and Advertisements
The client expressively acknowledges and agrees that data provided by the client (Name, Adress, E-Mail, Data for bank transfer) will be collected, processed and stored by CHRISTIANE RINNER HOCHZEITSPLANER for the purposes of contract fulfillment and support as well as for CHRISTIANE RINNER HOCHZEITSPLANER’s own advertising purposes. The client agrees to receive e-mail information and advertising material sent by CHRISTIANE RINNER HOCHZEITSPLANER until cancellation.
CHRISTIANE RINNER HOCHZEITSPLANER is entitled to advertise for its company on any of the events included in the service portfolio or to indicate the originator, without being obliged to pay remuneration to the client.
11. Applicable law, place of jurisdiction
Austrian law applies to all legal relations that result from the use of the services offered by CHRISTIANE RINNER HOCHZEITSPLANER. The place of jurisdiction shall be the office of CHRISTIANE RINNER HOCHZEITSPLANER.