General Terms and Conditions Weddings (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
1.) Scope & general
1.1 The customers (usually the bride and groom and then briefly customer ) commission the wedding planner (hereinafter briefly WP ) with the services expressly listed in the separate order letter and in these contractual conditions. Unless otherwise agreed in the contract, the following conditions are exclusively decisive for the offers, deliveries and services of the WP.
The WP is based on the job description, published by the professional association, available at http: // freizeitbetriebe-wien.at/weddingplanner/ . In case of doubt, the terms and conditions and the concluded contracts are to be interpreted in the sense of the professional profile. The essential content and data of the agreed service, the contracting parties, the agreed remuneration for the services of WP, any agreed budget framework as well as wishes and suggestions of the customers are bindingly derived from the separate order letter
General conditions of the customer only become part of the contract if they are recognized in writing by WP. The acceptance of the service by WP is in any case considered acceptance of these general terms and conditions.
The service description is described in detail in the contract.
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 contracting parties or a written confirmation by the WP. It is established that the contracting parties have not made any exclusively verbal subsidiary agreements.
1.3 The order is concluded by signing the order letter and these contractual conditions. The customers only commission the WP with the services specified in the contract documents. No other services are owed.
1.4 The WP can also provide the agreed services through assistants (own employees or other commercially authorized wedding planners).
1.5 If offers are drawn up based on the information provided by the customer and the documents made available by him or his direct sub-suppliers, DW is not liable for the correctness and suitability of these documents, unless their inaccuracy and inappropriateness is not recognized intentionally or through gross negligence.
2.) Conclusion of contract & subject matter
2.1 The customers commission WP with the consultation, organization, planning, support and coordination of a private event (marriage / partnering, wedding celebration) at the date and place specified in the order letter. The WP can take on full or partial organization depending on the customer’s wishes and agreement. The agreed services are provided on the basis of the wishes and specifications specified in the order letter. At the customer’s request, WP is commissioned with the presentation of an overall concept for the wedding. Depending on the agreement, this can be for a fee or a fee. If the rights to the concept are not expressly transferred, these remain with the WP.
Unless special written specifications from the customer are specified when the order is placed, WP is free to provide the services. WP is free to reject content-related suggestions or contributions from customers or third parties if these do not fit the overall concept.
2.2 Cost estimates commissioned by customers are chargeable. The fee owed for this is regulated separately, otherwise an appropriate fee is due. A fee paid for this will be credited if an order is placed on the basis of the cost estimate.
2.3 Should the WP be or have to become active on behalf of the customer before the signature is provided, this service and the associated fee will be billed separately on the basis of DW’s hourly rate. This fee is also credited when the order is placed. There is a specially formulated preliminary agreement for this.
2.4 As part of the creation of the concept, WP will plan the course of the event and – if commissioned – the involvement of the registry office, determine the order of contributions or change them – possibly also during the wedding – if this seems appropriate to WP. WP is responsible for the careful selection of providers and service providers such as. Photo / videographers, gastronomy / catering, event technicians, florists, decoration, musicians and other artists, pyrotechnicians or other specialists who offer contributions for the event, and their proposal to the BP, with WP always acting 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, WP will advise customers on request. The organizers are the customers. WP assumes no liability for acts or omissions on the part of suppliers and service providers.
2.5 WP will select providers with commercial care in the interests of the customer, taking customer wishes into account as far as possible, enabling samples, providing illustrative material such as photos or videos, provided this is requested by the customer and offered by the respective provider.
2.6. At the request of the customer, WP will obtain cost estimates for the services of individual providers.
2.7 WP will not conclude its own contracts with individual providers. When concluding contracts between the provider and the bride and groom, HP will ensure that the interests of the customers are safeguarded. HP is commissioned and authorized to conclude contracts with third parties such as the above-mentioned providers in the name and for the account of the customer, insofar as this serves to carry out the event. HP mediates these services, does not offer them in its own name and does not perform them.
2.8 The provision of personal items such as official documents and wedding rings as well as the inspection and control of systems and facilities, rooms and other areas, in particular with regard to security, are not part of the service.
2.9 If a provider is prevented from doing so, WP will propose such a substitute to the customer if the provider cannot immediately provide an equivalent, authorized substitute.
2.10 WP and customers will inform themselves immediately about all contract-relevant events and circumstances and, if necessary, coordinate accordingly. On the day of the event, WP looks after the customers and coordinates the providers or suppliers, insofar as this is contractually agreed.
3.) Remuneration & terms of payment
3.1 The fee agreed in the order letter is a fixed amount and is divided into 3 parts:
- Organization: 30% of the agreed remuneration when the order is placed, 70% is calculated according to the order over the term of the contract.
- Support on the day of the event
- Final billing according to the agreement, after the event.
WP is entitled to invoice 30% of the agreed fee when placing the order and to agree further advance payments corresponding to the preparatory effort, whereby the last advance payment can be due immediately before the day of the event. Unless otherwise agreed, the entire fee is due immediately after the contract has been fulfilled (on the day after the event).
If the total fee is paid immediately in advance, the WP grants a discount of 3% of the gross fee.
3.2 Any incurring cash expenses such as fees, travel expenses, errands and down payments to third parties can be invoiced by WP. A separately agreed or reasonable fee will be charged for any activities that go beyond those in the order letter and in these contractual conditions.
3.3 All fees offered and charged by the WP are gross amounts incl. 20% VAT, or net amounts including the added VAT shown. from 20%.
3.4 WP is entitled to provide partial services and to invoice these separately. The prices stated in the order confirmation apply with the reservation that the underlying order data remain unchanged.
3.5 Unless otherwise agreed, third parties who work for WP are commissioned in the name and for the account of Doris Wallner. In this case, it is not obliged to submit an invoice for the services provided by third parties on its behalf or to submit an invoice from the persons commissioned by it. This does not apply to companies which are commissioned for the customer. These are commissioned directly by the customer. Unless WP acts as a general contractor on behalf of the customer.
3.6 Services not quoted in the offer that are carried out at the request of the customer (by email, telephone order, etc.) or additional expenses that are due to incorrect information provided by the customer, repeated changes to the customer’s concept, through transport delays through no fault of their own or through missed appointments – or professional advance performance by third parties will also be billed to the customer according to the current remuneration rates, with the currently valid hourly rate.
3.7 Travel costs: Travel within the framework of the entire organization of the WP or persons posted by it who are more than 15 km away from Saalfelden will be charged extra at € 0.90 / km. The time required for this will be charged extra if this service is not included in the flat-rate contract. WP endeavors not to undertake any unnecessary or additional trips and – if possible – to bundle organizations.
3.8 Any working hours that may arise in addition to the agreed scope of services will be offset against the applicable hourly rate.
3.9 Unless otherwise agreed, invoice amounts are due for payment within 14 days upon receipt of the invoice, without deduction and without expenses for the WP.
Bank details: Doris Wallner
Raiffeisenbank Saalfelden
IBAN: AT59 3505 3000 0016 5340
BIC: RVSAAT2S053
4.) Obligations of the customer, organizer liability & other permits
4.1 The customer must immediately provide WP with all information necessary for the execution of the order. Delays due to a lack of cooperation on the part of the customer are not borne by WP. The customer assures that the communicated data is correct and complete. The customer must inform the WP immediately in writing of any changes to personal data or essential contractual information.
4.2 As the organizer, the customer is obliged to take additional measures, if necessary, to comply with legal requirements such as youth protection regulations and the like. and in particular to obtain the necessary permits and similar in consultation with the authorities in good time.
4.3 The customer is advised to take out organizer liability insurance for the event. The WP is happy to provide information and contacts on this.
5.) Warranty & liability
5.1 The WP makes a careful effort for the organization and the creation of the concept for the event and its support. Apart from its conscientious and careful advice and mediation, WP does not owe any success and does not guarantee the services of third parties, in particular the network partners involved, for the implementation of their services, for the suitability or safety of systems, facilities, rooms or other areas.
5.2 WP guarantees that the agreed budget will be adhered to as best as possible. The exception is an expansion of wishes / requirements by the customer. In this case, the preparation of the budget will be coordinated and reassigned accordingly. In the event that WP can determine that the budget would be exceeded without changing the requirements, WP undertakes to inform the customer and, if necessary, to agree to an agreement to expand the budget or to adapt the concept to the budget framework.
5.3 Obtaining any necessary official approvals, such as the registration of the event, aviation, nature conservation, pyrotechnic or road police approvals, is not automatically included in the scope of services of the WP. WP can obtain this for customers via a separate order with the power of attorney given above. All taxes, fees, levies and copyright fees (AKM for Austria, GEMA for Germany, SUISA for Switzerland) that may arise in connection with the event are borne by the customers. Additional information: weddings are excluded from the AKM.
5.4 Liability for damage to property from slight negligence, compensation for consequential damage or damage from claims by third parties is excluded.
5.5 WP is only liable for timely and quality execution if the customer has duly fulfilled his contractual obligations, in particular those regarding timely payment.
5.6 No liability is assumed for defective deliveries or services from third-party companies that are commissioned by the customer, unless WP can be proven that an intentional or grossly negligent breach of the duty of care when selecting and monitoring the third-party companies.
5.7 Unless otherwise agreed, WP is not liable for items brought in by the customer, unless WP has caused the damage to the items through intentional or grossly negligent action.
6.) Property rights & reference rights
6.1 All industrial property rights (copyrights and ancillary copyrights, trademark rights, ancillary copyright protection, patent rights) arising in connection with the services to be provided by WP or third parties commissioned by it – also on behalf of the customer – remain exclusively with WP, unless otherwise expressly agreed . The transfer of usage and exploitation rights requires a written agreement and only applies to the specific event. Changes to concepts, drafts, etc. may only be made by WP or persons expressly authorized by WP.
6.2 If a contract is terminated, the customer is not permitted to continue using concepts that have already been created by WP. WP will immediately inform all companies involved of the termination.
6.3 With regard to the execution of orders according to the information or documents provided by the customer, the latter guarantees that the production and delivery of the services carried out according to his information and documents do not infringe the property rights of third parties. WP is not obliged to check whether the information or documents handed over by the customer for the provision of services violate or may violate property rights of third parties.
6.4 The WP is entitled to use the services provided for the customer as a reference in other contexts. The customer is entitled to object to this in writing with effect for the future, provided that he can demonstrate a legitimate interest in doing so. WP may also refer to itself for advertising purposes and similar measures. WP is entitled to these rights without the customer being entitled to payment.
7.) Data protection & storage of documents
7.1 The security of all data is important to the WP. It should be noted that in the context of the business relationship or in connection with this personal data, regardless of whether they come from WP itself or from third parties, will be processed in accordance with 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 only 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 Doris Wallner has stored about them to have. In addition, every customer or user has the right to correct incorrect data, block and delete his or her personal data at any time, provided there is no statutory retention or reporting obligation to the contrary.
7.2 Data processing – Personal data that the client has transmitted to the WP via a website or e-mail will only be processed for correspondence and only for the purpose for which the client made data available.
WP assures that personal data will not be passed on to third parties, unless this is required by law or the order.
7.3 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.
7.4 Customers consent to WP disclosing personal data such as address, date of birth, email address to third parties as part of this contract, as far as necessary for the fulfillment of the contract. The customers further consent that WP stores and uses the names of the customers and any photos or videos taken during the event for its own marketing purposes.
7.5 The customers acknowledge that WP will present the concept or processes, schedules, etc. for the implementation of the event to the customer. This concept has to be approved by the customer.
7.6 The plans, designs, concepts and drafts created by WP are exclusively its intellectual property. Customers are only entitled to use these documents if the agreed fee has been paid in full. The transfer, publication, duplication, reproduction or other (further) utilization, be it for private or business purposes, is only permitted with the prior written consent of WP.
8.) Vouchers
Purchased vouchers can also be exchanged within WP’s range of services – depending on the availability of the offers. The redemption value is based on the current prices of the service. The validity is limited to a maximum of 3 (three) years from the date of purchase. Beyond that, there are no claims to reimbursement or redemption. A monetary redemption is not possible. The vouchers are personal. It can only be passed on to other people in consultation with WP.
9.) Withdrawal from the contract (termination / cancellation)
9.1 WP grants the customer the right to withdraw from this contract within three days of the conclusion of the contract without a fee being charged.
9.2 In the event of withdrawal after this period has expired, the WP is entitled to a fee of 25% of the agreed fee.
If you withdraw up to eight weeks before the agreed event (e.g. wedding day), WP is entitled to 50% of the agreed fee.
If a withdrawal takes place afterwards, the entire agreed fee is due. Withdrawal from the contract must be in writing, such as email or letter. BIs then performed services of the WP, e.g. Consultations are to be paid for in full.
9.3 The customers acknowledge that WP’s services are independent of whether the event is actually carried out. The WP is therefore entitled to the agreed fee even if the event is canceled, for whatever reason. Partial services can be offset after completion of the respective partial services. If the contract is withdrawn, 100% of the expenses and services incurred up to the time of withdrawal (according to invoices from any cooperation partners and records from WP), which have not yet been offset in advance by means of a partial invoice, are due.
9.4 The customers acknowledge that postponements of the event also require the written consent of WP. In this case, a separate fee agreement must be agreed with WP.
If, for absolutely unforeseeable reasons, it is impossible for the customer or WP to meet the deadline, an alternative date will be agreed together.
Any cost claims must be agreed separately on a case-by-case basis.
9.5 As of the withdrawal date, the WP is no longer liable for the proper implementation of the event and will also inform all service providers involved.
9.6 Resignation on the part of WP
The WP reserves the right to withdraw from the contract for reasons of inconsistency with the business conduct of the customer. In this case, the WP will look for an adequate replacement at no additional cost for the customer, who will take over customer care in the sense of the originally signed agreement.
9.7 The contracting parties agree to call in a neutral, authorized registered mediator in the event of disputes that cannot be resolved by mutual agreement about the contract and its content, whereby the costs incurred will be shared.
10.) Decoration rental – transport, packaging, delivery dates
10.1 Should the customer also make use of the decoration rental service from Doris Wallner Weddings & Events, the general terms and conditions of the decoration rental service apply, which are shown separately on the website.
11.) Power of attorney
11.1 With the conclusion of the contract, the WP order and power of attorney, in the name of the customer and on his bills, in particular with authorities, church organizations, network partners or third parties, to sign everything that is necessary for the implementation of the event, provided that the individual order does not exceed € 250.00. If this amount is exceeded, the assignment will be coordinated with the customer in advance.
12.) Acceptance, transfer of risk, default in acceptance
12.1 The customer is obliged to accept the performance of WP on the completion date specified by WP. The acceptance takes place regularly on the occasion of general rehearsals or test runs or inspections, discussions or submission of delivery notes from third parties. This does not apply to planning services that are deemed to be completed and ready for acceptance after appropriate submission by WP.
12.2 If the service cannot be made available by WP for reasons for which the customer is responsible, the risk is transferred to the customer. WP’s performance is then deemed to have been fulfilled.
13.) Other
13.1 The place of performance is the headquarters of the WP company.
13.2 The business relationship in question is subject to Austrian law to the exclusion of the UN sales law.
13.3 Written form within the meaning of this contract is given if notifications are made in writing (by letter), by fax or by e-mail.
13.4 Should individual provisions of these “General Terms and Conditions” be ineffective or void, this does not affect the obligations of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to its purpose.
13.5 The customers declare that they have read these contractual terms and conditions before signing the contract and that they agree to them.
