1. Scope
(1) These General Terms and Conditions (GTC) apply to all deliveries, services, offers, transactions and other performances for clients of Walking Weddings. All services, offers, transactions and other performances of Walking Weddings are based exclusively on these contractual terms.
(2) Differing contractual terms, delivery terms, purchase terms and the like shall have no validity between Walking Weddings and its clients unless they are expressly confirmed in writing by Walking Weddings.
(3) These GTC also apply where, within the framework of an ongoing business relationship, no express reference is made to them in individual cases, without a separate written notice being required in each specific business case. These GTC apply in particular to additional or subsequent services, additional orders within existing business relationships, or call-off orders under ongoing framework agreements.
2. Offers
Offers from Walking Weddings are valid for a period of 30 days, unless otherwise stated in the offer.
3. Orders
(1) Orders placed by the client are binding on Walking Weddings as soon as they are received by Walking Weddings.
(2) Order confirmations from Walking Weddings must be reviewed by the client without delay, and in the event of discrepancies they must be reported in writing within 3 days, but no later than within 3 days, as otherwise the order confirmation is binding on the client.
(3) The client is not entitled to transfer rights and obligations arising from the contractual relationship with Walking Weddings to a third party unless Walking Weddings has previously expressly consented in writing.
(4) Walking Weddings is entitled to engage third parties to fulfil its contractual obligations. Walking Weddings is also entitled to transfer rights and obligations in whole or in part to third parties. The client's consent is not required for this.
4. Prices
(1) All prices stated are in euros plus the statutory value added tax. The value added tax is invoiced in addition at the rate applicable at the time the service is rendered. In addition, the fee guidelines for technical offices and Annex A as well as the associated service profile Technical Equipment apply in their respective current versions.
(2) The client is responsible for all tax obligations arising from the order, including transaction fees or withholding taxes, and shall indemnify Walking Weddings in this respect.
5. Payment Terms
(1) Invoicing takes place upon performance of the services specified in the respective order. If partial services are rendered under individual orders, invoicing takes place upon completion of the respective partial services. Notwithstanding this, Walking Weddings is entitled to invoice its services monthly in arrears. Unless a differing arrangement has been made, the invoice is due for payment in full within 14 days of receipt of the invoice. The credit to the bank account of Walking Weddings is relevant for the timeliness of the payment.
(2) If no payment has been made by the due date of the respective invoice, the client falls into default without a reminder. In the event of the client's default in payment, the reimbursement costs for reminders and collection services as well as default interest at the rate of 10% per year are agreed. In addition, the defaulting client is obliged to reimburse all additional costs incurred by Walking Weddings, including out-of-court legal fees.
(3) The client is not entitled to withhold payments on account of asserted claims under any title or to offset them against claims of Walking Weddings, unless the claim has been expressly acknowledged in writing by Walking Weddings or has been established as legally binding by a court or by arbitration.
(4) In the event of default in payment, Walking Weddings is entitled at any time to suspend or postpone its services in whole or in part.
6. Formation of Contract
The acceptance of orders pursuant to Clause 3 of these GTC is binding on Walking Weddings only after written confirmation by Walking Weddings.
7. Services
(1) Walking Weddings renders its services in accordance with the respective order. Insofar as the order does not specify the commencement of the services, Walking Weddings will, where possible, begin rendering the services within 30 working days of written order confirmation. If, for any reason, the client does not wish to make use of Walking Weddings' services within 30 days, the client must inform Walking Weddings in writing within 7 days of order confirmation. Penalty clauses or claims for damages, on whatever legal grounds, are excluded for delayed services, unless Walking Weddings is in default intentionally or through gross negligence.
(2) The services of Walking Weddings are deemed to have been rendered when the contractual work has been completed.
8. Warranty and Liability
(1) Walking Weddings warrants the conformity of the contractual services with the applicable statutory provisions in Austria, in accordance with the following provisions.
(2) The warranty period begins on the day of performance of the contractual service and ends six months after the service has been rendered. The client bears the burden of proof that the defect was present at the time of handover. The application of § 924 of the Austrian Civil Code is excluded.
(3) The client is obliged to inspect the services without delay after they have been rendered, but no later than within 14 days, and to inform Walking Weddings in writing of any defects without delay. Defects in an installation that are attributable to a faulty planning service by Walking Weddings must be reported without delay from the point at which the client identified these defects or, exercising commercial diligence, ought to have identified them, but no later than six months after the respective service was rendered by Walking Weddings.
(4) In the event of a notice of defects, Walking Weddings is entitled, at its own discretion, to inspect the defects resulting from allegedly faulty services either at the client's premises or at the installation site of the respective installation.
(5) If a defect is attributable to the delivery or service of a third party, the warranty claims of Walking Weddings against the third party are assigned to the client.
(6) If no defect is reported within the periods specified in paragraphs (2) and (3), this is deemed acceptance of the service, and the client no longer has any claims against Walking Weddings for the respective service.
(7) Walking Weddings is liable to the client for damages caused by defects in the service beyond the provisions of paragraph (1) only to the extent that such damages are covered by Walking Weddings' liability insurance. Walking Weddings undertakes to take out, at its own expense, liability insurance for the services to be rendered, with coverage of 3 million euros for personal injury, property damage and financial loss per insured event, for a maximum of two insured events per year. To the extent permitted by law, any further liability of Walking Weddings is excluded.
(8) In any event, the liability of Walking Weddings is limited to the amount of the agreed fee for the service that caused the damage. In the event of slight negligence, any liability of Walking Weddings is excluded.
(9) Walking Weddings is in no event liable for indirect damages, consequential damages or lost profit.
(10) In any event, the client must prove the fault of Walking Weddings.
(11) Any claims for damages by the client against Walking Weddings become time-barred six months after knowledge of the damage and the party causing it.
9. Error
The contestation of a contract concluded by the client with Walking Weddings on the grounds of an error or a reduction by more than half (laesio enormis) is excluded.
10. Retention of Title and Right of Retention
(1) The services specified in an offer pass into the ownership of the client only after full payment. As long as Walking Weddings retains ownership, the client may not use plans, drawings, descriptions and other documents. In addition, Walking Weddings has a right of retention over all services specified in the offer as well as the said documents until all outstanding claims have been settled in full.
(2) In the event of disagreements in the interpretation of the existing contract or in the case of outstanding payments, Walking Weddings is entitled to interrupt or postpone its services in whole or in part. In addition, during a legal dispute with a party, Walking Weddings is entitled to interrupt or postpone its contractual obligations in whole or in part.
11. Force Majeure
Walking Weddings is entitled to interrupt or postpone its services in whole or in part in cases of force majeure. If such a case of force majeure persists for longer than 3 months, Walking Weddings is entitled to unilaterally terminate the affected order or contract without prior notice. Cases of force majeure include war, armed conflicts, acts of terrorism, governmental interventions and prohibitions, transport damage, labour disputes, all kinds of natural disasters, outbreaks of disease and epidemics, as well as embargoes.
12. Data Protection
The data required for processing the order is stored in accordance with the statutory provisions. All personal data is treated confidentially. The client grants Walking Weddings consent to use this data for advertising purposes, in particular as a reference.
13. Confidentiality
The client is obliged to treat as confidential all business and trade secrets of Walking Weddings of which they have gained knowledge, as well as the content of the contract concluded with them. This confidentiality obligation expressly extends to their employees as well. The disclosure or publication of an offer prepared by Walking Weddings or of a contract concluded with Walking Weddings is strictly prohibited.
14. Place of Jurisdiction, Applicable Law
(1) The place of jurisdiction is in all cases the competent court in Vienna, Austria.
(2) Austrian law applies to all legal relationships between the parties, excluding the referral provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15. Miscellaneous
(1) Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the remaining provisions of these General Terms and Conditions remain effective. The invalid provision shall be replaced by a permissible regulation that comes economically closest to the one declared invalid.
(2) The headings in these General Terms and Conditions serve only for clarity and may not be used to interpret the provisions.
(3) Deviations from these General Terms and Conditions require written form to be valid.
(4) If these General Terms and Conditions are translated into a language other than German, regardless of by whom and for what reason, the German version applies exclusively. In the event of discrepancies, the German version applies and is to be used for interpretations.
