I. Scope
These General Terms and Conditions („GTC“) apply to all contractual agreements between the Event Planner (hereinafter „WP“) and her clients – generally the client (hereinafter „CL“) – in connection with the planning and execution of weddings, corporate events other private events. By signing the contract or placing an order, the CL agrees to these GTC.
II. General Provisions
a) Subject of Agreement and Service Provision
The CL commissions the EP to provide the services explicitly defined in a separate engagement letter and in these GTC. The EP provides her services in accordance with the professional standards set by the Association for Leisure and Sports Enterprises (available at www.freizeit-betriebe-wien.at). This serves as a guideline for interpreting contractual obligations but does not form part of the contract. Key contract elements such as the scope of services, contracting parties, the EP’s fee, any defined budget framework, and specific client wishes are binding only as set out in the engagement letter. Any changes or additional services must be agreed in writing. Statutory consumer rights remain unaffected.
b) Amendments and Additions
Any deviations or additions to the engagement letter or these terms, as well as changes to the commissioned services, require written agreement or confirmation by the EP. Oral agreements are not binding unless subsequently confirmed in writing.
c) Conclusion of Contract and Scope of Services
The contract comes into effect upon signature of the engagement letter and these GTC or via written confirmation (e.g., email). If commissioned orally or by other means, the contract is deemed concluded upon first service performance by the WP. Only the services explicitly outlined in the contract are owed. Additional services must be agreed separately and may incur additional costs.
d) Use of Subcontractors
The EP may engage carefully selected subcontractors (employees or other licensed planners) to perform services. The EP remains responsible for proper execution but is not liable for gross negligence or intent by subcontractors where legally permissible.
III. Scope of Services and Power of Attorney
a) Scope of Services and Cost Estimates
The CL engages the EP for consulting, planning, organization, and coordination of a private event on the date and location specified in the engagement letter. The EP may provide full or partial services, including the presentation of a concept, which may be subject to a fee if agreed in writing. If no specific instructions are provided, the WP has creative discretion. Cost estimates are chargeable unless agreed otherwise and credited upon contract conclusion.
b) EP’s Services and Liability
The EP plans the event flow and, if requested, civil ceremony involvement. She may adjust elements to ensure smooth execution but will consult with the CL unless immediate action is required. The WP selects vendors (e.g., photographers, florists) according to the CL’s wishes and budget but acts solely as intermediary and is not liable for vendor performance.
c) Vendor Selection and CL’s Wishes
The EP will select vendors carefully, striving to respect the CL’s preferences. Samples or previews may be shared if provided by vendors. The WP is not liable for unavailable materials.
d) Obtaining Cost Estimates
Upon request, the WP obtains vendor estimates. These may be chargeable, with prior notification. Estimates are non-binding and contracts are concluded directly between the BC and vendors.
e) Contracting and Intermediation
The EP does not enter into contracts in her name with vendors; such contracts are between the CL and vendors. The EP may be authorized to conclude contracts on the CL’s behalf but is not a contracting party and bears no liability for third-party fulfillment.
f) Excluded Services and Liability
The EP is not responsible for obtaining personal items (e.g., documents, rings), nor for technical inspections or safety of venues unless expressly agreed. The EP does not assume liability for such areas.
g) Substitute Vendors
If a vendor is unavailable, the EP will propose a suitable replacement but is not liable for their availability.
h) Information Obligations and Event-Day Coordination
The EP and CL must inform each other promptly about relevant changes. On the event day, the EP coordinates vendors if contractually agreed, but only for tasks defined in the agreement.
IV. Cancellation, Postponement
a) Right of Withdrawal and Compensation
The CL may withdraw from the contract within 14 days without charge. Afterward, 30% of the agreed fee is due. Up to 4 weeks before the event: 50%. After that: full fee. Cancellation must be in writing (email accepted).
b) Payment Obligation Despite Cancellation
The EP’s services are payable regardless of whether the event occurs. Services already performed or contractually due remain billable.
c) Postponement
Postponements require EP’s written consent. Additional work caused by rescheduling (e.g., rebooking vendors) must be compensated separately.
V. Warranty / Liability
a) EP’s Liability
The EÜ strives for professional service but does not guarantee event success or third-party performance. Liability is limited to her own contractual duties.
b) Budget Compliance
The EP works within the agreed budget. If changes arise, she will inform the CL for joint decision-making. Budget changes require written approval.
c) Permits and Taxes
Obtaining permits (e.g., fireworks, street use) is not included unless agreed. EP may act on behalf of the CL if commissioned, with costs borne by the CL. Taxes, fees, and royalties (e.g., AKM fees) are the CL’s responsibility.
d) Limitation of Liability
The EP is liable only for willful or grossly negligent acts. Liability for slight negligence is excluded where legally permitted.
VI. Fees
a) Fee and Payment Terms
The agreed fee is fixed. 30% is due upon commissioning; final payment is due after event completion unless agreed otherwise.
b) VAT and Small Business Regulation
All fees include VAT unless otherwise stated. If the EP is exempt under §6 UStG (small business regulation), this will be noted on offers and invoices.
c) Out-of-Pocket Expenses and Additional Services
Expenses (e.g., travel, deposits) may be invoiced separately. Additional work beyond the agreed scope must be agreed and billed separately.
VII. Data Protection, Copyright, Intellectual Property
a) Consent for Data Use
The CL consents to the use and sharing of personal data for contract fulfillment. The EP may use names, photos, and videos for marketing unless revoked.
b) Right of Withdrawal
The CL may revoke consent for future data use at any time in writing. Prior uses remain unaffected.
c) Intellectual Property
Plans and concepts remain the EP’s property. The CL receives a limited, non-transferable right of use after full payment.
d) Restrictions on Use
The CL may not reproduce or publish materials without written consent. Personal use is permitted if non-commercial.
e) Sharing with Third Parties
Sharing materials with third parties requires prior written consent, except for vendors directly involved in the event.
VIII. Miscellaneous
a) Place of Performance
Unless otherwise agreed, the place of performance is the EP’s business location.
b) Jurisdiction
For consumer contracts, jurisdiction is based on the CL’s residence. Otherwise, the EP’s business location applies.
c) Applicable Law
Austrian law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
d) Written Form
Written form includes letters, emails, or comparable electronic communication (e.g., SMS, messaging apps).
e) Agreement to Terms
The CL confirms they have read and agreed to these GTC in full prior to signing the contract.
Ringbauer Events 