general terms and conditions of businessGeneral terms and conditions of business of Perfect Travel GmbH
Auhofstrasse 231-237/6/8 I 1130 Wien I firstname.lastname@example.org
FN 433198g HG Wien
VA-Nr. d. BMWA: 2015/0035
AGB für Pauschalreisen
1. Validity, Conclusion of Contract
1.1. Perfect Travel GmbH provides its services exclusively on the basis of the following general terms and conditions. These apply to all legal relationships between Perfect Travel GmbH and the customer, even if no express reference is made to them.
1.2. The version applicable at the time the contract is concluded shall be the definitive version. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by Perfect Travel GmbH.
1.3. The customer`s terms and conditions will not be accepted, even if these have been made known, unless otherwise explicitly agreed in writing in a particular case. The customer`s terms and conditions explicitly contradict Perfect Travel GmbH. No further objection to the customer`s terms and conditions by Perfect Travel GmbH is required.
1.4. The customer will be notified of amendments to these terms and conditions and these will be deemed to be agreed if no objection to the amended terms and conditions is received from the customer in writing within 14 days; the customer is reminded of the consequences of failing to notify.
1.5. If any provision of these terms and conditions is not effective, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision shall be replaced by one that comes closest in sense and purpose.
1.6. The offers of Perfect Travel GmbH are non-binding.
2. Protection of Concept and Ideas
If the potential customer has previously requested Perfect Travel GmbH to design a concept for programmes that include more than just a single service, apart from the programme creation and development in the event of a booking by Perfect Travel GmbH, with an order value of EUR 7,000.00 excl. VAT or more, and if Perfect Travel GmbH meets this request before the end of the main contract, the following provisions shall apply:
2.1. The potential customer and Perfect Travel GmbH shall conclude a contract (a "pitching contract") as soon as the request is accepted. The terms and conditions shall also form the basis for this contract.
2.2. The potential customer acknowledges that the preliminary work carried out by Perfect Travel GmbH on developing the programme is cost-intensive, even though he has not yet assumed any obligations.
2.3. The potential client undertakes to refrain from using or permitting to use commercially the creative ideas presented by Perfect Travel GmbH as part of the overall programme and/or the ideas for linking points of the programme, the implementation and selection of contracting companies and service providers (suppliers) outside of the corrective of a main contract to be concluded at a later stage.
2.4. The parties to the contract assume that Perfect Travel GmbH has presented to the potential client a new overall programme. If the programme is used by the customer, it may be assumed that Perfect Travel GmbH`s case will be meritorious.
2.5. The potential customer may be released from his obligations under this item by paying an appropriate amount in compensation plus 20% VAT. The customer will only be released after the payment of compensation has been received by the agency in full.
3. Scope of Service, Order Processing and Cooperation Duties of the Customer
3.1. The scope of the services to be provided is described in the service specification in the offer submitted by Perfect Travel GmbH or an order confirmation by Perfect Travel GmbH, if applicable. Subsequent changes to the contents of the service require the written confirmation of Perfect Travel GmbH. The offer is subject to the availability of the service providers for orders in writing, and a confirmation of the order by Perfect Travel GmbH is required. An order confirmation must be made within a maximum of 10 working days from receipt of the order placed by email (or at the express request of the customer by post).
3.2. The customer will make available to Perfect Travel GmbH all information and documents necessary for the provision of the service in a timely manner and in full. He will inform them of all circumstances that are of importance to the implementation of the order, even if these are only made known during the implementation of the order. The customer shall bear the costs that arise if work is delayed or has to be repeated as a result of incorrect, incomplete or subsequently amended details of Perfect Travel GmbH.
3.3. The customer is, furthermore, obliged to check the documents made available for the implementation of the order (photos, logos, etc.) for any copyrights, trademark or hallmark rights or other rights of third parties (rights clearing) and guarantees that the documents are free from the rights of third parties and can, therefore, be used for the intended purpose. Perfect Travel GmbH shall not be held liable in the event of mild negligence or after fulfilling its duty to warn - at least in the internal relationship with the customer - for any violation of such rights of third parties through documentation made available. If a claim is brought against Perfect Travel GmbH for such a violation by a third party, the customer shall indemnify and hold Perfect Travel GmbH harmless; he shall compensate all losses incurred as a result of a claim by a third party, in particular the costs of appropriate legal representation. The customer undertakes to assist Perfect Travel GmbH in the defence of any claims by third parties. The customer shall make all documents available to Perfect Travel GmbH for this purpose without being requested to do so.
4. External Services/Commissioning Third Parties
4.1. Perfect Travel GmbH is entitled at its sole discretion to provide the service or parts thereof itself, to make use of competent third parties as vicarious agents in providing contractual services, and/or to substitute such services ("external service").
4.2. Third parties will be commissioned to provide an external service either in their own right or on behalf of the customer. Perfect Travel GmbH will select these third parties carefully and make sure that they possess the required professional qualifications.
4.3. If Perfect Travel GmbH commissions necessary or agreed external services, the contractors will not be vicarious agents of Perfect Travel GmbH.
4.4. Direct agreements of any kind between the customer and the third parties commissioned by Perfect Travel GmbH, which go beyond the extent of services booked through Perfect Travel GmbH, in particular amendments to timescales and/or amendments to the scope of services, which may affect the price of the services, are not valid. Perfect Travel GmbH cannot be held liable for damages resulting from these agreements and shall, furthermore, be adequately compensated itself for damages arising out of direct agreements. This applies if Perfect Travel GmbH commissions third parties both on behalf of the customer and in its own name - depending on how the contract between the customer and Perfect Travel GmbH is drawn up.
4.5. Perfect Travel GmbH proposes that the client takes out organiser`s liability insurance for the programme if this is possible and if the client wishes to do so. The costs for this will be included in the invoice to the customer.
5. Financial Matters
5.1. The amount of the costs is calculated on the prices specified in the offer or the confirmation of order, including the prices for overtime, additional staff or expenses. The payment terms are also specified in the offer or the order confirmation.
5.2. Unless anything to the contrary is stated in the offer or the order confirmation, the following payment terms shall apply:
10% of the total price will become due for immediate payment at the time of booking and the remainder 14 days prior to the commencement of the service at the earliest.
There are separate payment terms for hotel bookings, which are always specified in the offer or the order confirmation.
5.3. The payment is by bank transfer to Perfect Travel GmbH and will not incur any charges. Other payment methods include: credit card or cash.
5.4. The offer is based on a minimum number of participants. In the event of a short-fall, Perfect Travel GmbH reserves the right to make a renewed calculation.
6. Cancellation Terms
If the customer cancels after a written or oral order is placed, the following cancellation terms will apply:
6.1. from the date of booking to 60 days prior to the date of the service delivery 10% of the contract amount
6.2. from 30 days before date of the service delivery 30% of the contract amount
6.3. from 15 days before date of the service delivery 60% of the contract amount
6.4. from 10 days before date of the service delivery 90% of the contract amount
6.5. from 3 days before the date of the service delivery 100% of the contract amount
6.6. There are separate cancellation terms for hotel bookings, which are always specified in the offer or the order confirmation.
6.7. At peak season periods, such as conventions, championships or other major events, special cancellation terms will always apply. These are always specified in the offer or the order confirmation apply.
7.1. Organiser`s liability insurance: 2015/
7.2. Perfect Travel GmbH is not liable for services provided by suppliers; the suppliers are liable for these exclusively. The customer is aware that action sports (rafting, paragliding, parachuting, etc.) involve an above-average level of risk and shall inform his participants accordingly.
7.3. In cases of mild negligence Perfect Travel GmbH and its employees, contractors or other suppliers cannot accept liability for the customer`s property or financial damages, regardless of whether these involve direct or indirect damages, lost profits or consequential damages, damages due to delay, impossibility, positive breach of obligation, negligence when entering into a contract, or defective or incomplete performance. The existence of gross negligence must be proved by the injured party.
8.1. The customer must report any defects immediately, at least within 72 hours of delivery/completion of the service by Perfect Travel GmbH and/or its suppliers, and any hidden defects within seven days after discovery of the same, in writing with a description of the fault; otherwise the service provision will be deemed to be complete and free from error. In this case the enforcement of warranty claims and claims for damages as well as the right to contestation on grounds of error shall be excluded.
8.2. In the event of a justified and timely complaint, the client shall be entitled to rectification or replacement of the delivery/service by Perfect Travel. Perfect Travel GmbH will remedy the defects within a reasonable period of time, and the customer shall allow Perfect Travel GmbH to take all measures necessary for the investigation and rectification. Perfect Travel GmbH has the right to refuse to rectify the service if this is not possible or if it involves a disproportionately high level of expense for Perfect Travel GmbH. In this case, the customer is legally entitled to amend the order or to request a reduction in the price.
8.3. The customer also undertakes to check the order confirmation, which is sent to him by Perfect Travel GmbH (usually via email), to disclose any possible misunderstandings in the scope or expiration of the service. If errors in the order confirmation are not reported by the customer in writing by email within a reasonable timescale (depending on the time between the date of booking and the date of the service) after receipt of the order confirmation, the customer cannot later claim that the service was provided incorrectly.
8.4. The right to recourse against Perfect Travel GmbH in accordance with § 933b Para 1 of the ABGB (Civil Code of Austria) expires 6 months after the delivery/service. The client does not have the right to withhold payment on account of defects. The provision on presumption in § 924 of the ABGB is excluded.
9. Data Protection (Optical Highlighting according to Case Law)
The customer agrees that his personal data are electronically maintained, stored and processed, including name/company, profession, date of birth, company registration number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, email address, bank details, credit card information, VAT number for the purpose of fulfilling the contract and customer care as well as for promotional purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), and for the purpose of referring to the customer`s existing or former business relationship (reference). The customer agrees that electronic mail is sent to him for publicity purposes until further notice.
This consent may be revoked at any time in writing, by email or by fax or letter by using to the contact details given in the header of the General Terms and Conditions.
10. Applicable Law and Jurisdiction
10.1. The contract and all reciprocal rights and obligations contained therein and claims between the agency and the customer are subject to Austrian substantive law, under exclusion of the referral norms and UN commercial law.
11.1. It is agreed that the place of jurisdiction for all legal disputes between Perfect Travel GmbH and the customer arising out of this contractual relationship is the competent court in Vienna. Notwithstanding, Perfect Travel GmbH is entitled to take legal action against the customer at his general place of jurisdiction.
11.2. Natural persons referred to in this contract only in the masculine form refer to women and men equally. In referring to specific natural persons, the respective gender-specific form will be used.
12.1. The parties agree to keep confidential any information regarding the other party acquired from business transactions for the period of the contract and also after its termination.
12.2. The customer is advised that data will be stored for the purpose of fulfilling the contract.
12.3. By accepting the offer, the customer expressly agrees to electronic invoicing by Perfect Travel GmbH exclusively. If the customer specifically requests it, invoices will also be sent by post by Perfect Travel GmbH.