AGB

§ 1 General Provisions – Scope of Application

• 1. The following General Terms and Conditions apply to all business relationships between EWAE e.U. (hereinafter referred to as “EWAE”) and its clients. The version valid at the time of conclusion of the contract shall apply.
• 2. Any amendments to the contract must be made in writing.

§ 2 Conclusion of Contract and Consent to Information Transmission and Contract Confirmation by Email

• 1. Offers issued by EWAE shall be considered binding for a period of 14 days.
• 2. The contract is concluded upon signing the written offer.
• 3. All information as well as order confirmations, contracts, invoices, credit notes, cancellations, and reminders shall generally be sent by email. The client is obliged to inform EWAE immediately of any change to their email address and to ensure that the email address provided is regularly checked.

§ 3 Billing

• 1. Unless expressly agreed otherwise, all prices are quoted as gross amounts in Euro.
• 2. All invoices are payable without deduction within 7 working days from the date of invoice.
• 3. Payments must be made to the account specified in the offer.
• 4. In the event of default of payment, EWAE shall charge default interest in the amount of 4% per annum.
• 5. The client shall only have the right to offset or withhold payments if the counterclaim is undisputed or has been legally established.
• 6. EWAE reserves the right to assign claims against the client to third parties.
• 7. For event locations exceeding a distance of 30 kilometers from Münchendorf, mileage compensation in the amount of € 0.50 per additional kilometer shall be charged. This applies to both travel to and from the venue. If multiple vehicles are required, the charge applies per vehicle.

§ 4 Performance of Services

• 1.The contractually agreed services remain the intellectual property of EWAE until full payment of the entire order has been received. Clients are not entitled to implement the plans created unless all outstanding invoices have been paid in full.
• 2. The clients acknowledge that the contract exclusively covers consulting, organizational, and support services. No specific result is owed.
• 3. In the event of a short notice cancellation by a supplier or artist, EWAE will make every reasonable effort to arrange an appropriate replacement. In particular, no responsibility can be assumed in cases of force majeure.

§ 5 Travel Costs

• 1. For event locations exceeding a distance of 30 kilometers from Münchendorf, official mileage compensation in the amount of € 0.50 per additional kilometer and per vehicle will be charged. This applies to both travel to and from the venue.

§ 6 Warranty

• 1. EWAE provides warranty for the services rendered in accordance with the applicable statutory provisions and the concluded contract.
• 2. Warranty claims are excluded if the plans prepared by EWAE or explicit instructions have not been followed, as well as in cases of improper performance by third parties. The same applies to defects resulting from information, recommendations, or instructions provided by the client.

§ 7 Accommodation

• 1. For event locations exceeding a distance of 60 kilometers from Münchendorf, the client must ensure that suitable overnight accommodation is provided for EWAE.

§ 8 Limitation of Liability

• 1. The Clients assume full responsibility for themselves as well as for their guests and shall be liable for any and all damages caused by themselves, their guests, or third parties commissioned by them.
• 2. Unless expressly agreed otherwise in writing, EWAE acts solely as a planning and coordination agency and not as an event organizer or general contractor.
• 3. External service providers, artists, suppliers, venues, and other third parties commissioned or arranged within the scope of the event perform their services under their own responsibility and shall be solely liable for any damages, breaches of duty, or failures caused by them.
• 4. Regardless of the legal basis, EWAE shall only be liable for damages caused by intentional misconduct or gross negligence on the part of EWAE. Liability shall in all cases be limited to typical and foreseeable damages.
• 5. Any liability of EWAE for services, damages, failures, or breaches of duty by commissioned or arranged third-party providers is expressly excluded to the extent permitted by law.
• 6. External service providers and other commissioned third parties are required to maintain adequate public liability insurance and shall be solely liable for any damages caused by them.
• 7. Multiple damages arising from the same cause of damage shall be deemed a single damage event.
• 8. To the extent permitted by law, EWAE’s liability for material and financial damages is excluded. Mandatory statutory liability provisions shall remain unaffected.
• 9. To the extent that EWAE’s liability is excluded or limited, such exclusion or limitation shall also apply to EWAE’s legal representatives, employees, freelance collaborators, and other vicarious agents.

§ 9 Cancellation

• 1. Cancellations are only valid if made in writing and sent to office@exclusive-weddings.at.
• 2. In the event of cancellation up to 3 months prior to the scheduled event date, 30% of the total offer amount shall be due.
• 3. For cancellations made between 3 months and 30 days before the scheduled event date, 60% of the quoted amount is due.
• 4. For cancellations made on or after the 30th day prior to the scheduled event date, 100% of the quoted amount is due. The amount is specified in the quote (either a flat fee or, in the case of a percentage-based fee, a percentage calculated based on the most recently agreed-upon draft budget).
• Any postponement of the event requires the written consent of EWAE. If the postponement results in an increased workload, a separate fee agreement must be reached.

§ 10 Final Provisions

• 1. Austrian law shall apply to the contractual relationship and any other legal relations arising therefrom.
• 2. The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court having subject matter jurisdiction for 2482 Münchendorf.
• 3. Should individual provisions of the contract, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties shall replace the invalid provision with a valid one that most closely reflects the economic purpose of the invalid provision. The same shall apply in the event of any contractual gaps.

§ 11 Copyright and Usage Rights

• 1. All concepts, plans, mood boards, decoration ideas, texts, drafts, as well as image and video materials created by EWAE remain protected by copyright and are intended exclusively for the contractually agreed purpose.
• 2. Any transfer or use by the client or third parties beyond the agreed scope is permitted only with the express written consent of EWAE.
• 3. In the event of a violation, EWAE reserves the right to claim damages.

§ 12 Data Protection

• 1. EWAE processes personal data of the client and, where applicable, their guests exclusively in accordance with applicable legal provisions (GDPR).
• 2. Data will only be shared with third parties where necessary for the fulfillment of the contract (e.g., venues, caterers, service providers).
• 3. The client confirms that they have informed their guests about the processing of personal data by EWAE.

§ 13 Image Rights

• 1. The client agrees that EWAE may use image and video material from the event for reference and marketing purposes (e.g., website, social media, print).

§ 14 Changes in Scope of Services and Additional Effort

• 1. Changes to the agreed scope of services after conclusion of the contract (e.g., significant increase in guest count, additional locations, extension of the planning period) shall result in an adjustment of the agreed remuneration.
• 2. Additional services and extra effort will be invoiced based on actual time spent or at a flat rate defined in the offer.

§ 15 Third Party Services

• 1. When commissioning third party service providers (e.g., caterers, musicians, photographers, venue operators), EWAE acts solely as an intermediary or coordinator.
• 2. The respective third party provider is solely responsible for the proper fulfillment of the contract and service performance.
• 3. EWAE is liable only for the careful selection and coordination of such providers.

§ 16 Travel Expenses and Disbursements

• 1. In addition to travel costs (§ 5), other necessary travel expenses such as flights, train tickets, taxi fares, parking fees, and toll charges may be borne by the client.
• 2. Furthermore, meal expenses for multi day assignments shall be reimbursed based on actual costs incurred.