Terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE ORGANIZATION OF
INCENTIVES & EVENTS

1. Scope of Application
 
Inspiria will provide its services only on the basis of the following terms and conditions, as amended from time to time, to the exclusions of Costumer’s business terms and conditions to the contrary.

2. Conclusion of Agreement and Subject-Matter
 
Substance and extent of inspiria’s services are specified in detail in the written
Agreement and the program description which shall form part of Agreement. Every order placed by customer shall require an acknowledgement of receipt. The contractual relationship shall be exclusively established between inspiria and the customer and not between Inspiria and the customer’s customers or their employees.

3. inspiria’s obligations
 
Of any meeting with customer relevant for performance of the order inspiria shall draw up dated minutes, the contents of which shall be binding on both parties, unless customer raises on objection within ten days. Inspiria shall provide to customer detailed information on the details of the service.

4. Commissioning Third Parties
 
Inspiria will, on its own behalf and for its own account, commission appropriate third parties (e.g. musicians, artists, service providers) to perform the services as set forth herein and customer will give its express consent thereto. Inspiria shall be liable for services provided by third parties as if they were its own services. Clause 7 shall apply to public safety duties.

5. Customer’s Obligations
 
If necessary for proper performance of the Agreement, customer will provide inspiria with applicable information and instructions. Customer shall immediately notify inspiria’s employees on-site of any defects in providing services. Any failure to give such notice shall not affect warranty claims, however, it will result in appropriate contributory fault by customer.

6. Granting of Rights
 
Customer shall have the non-transferable right to use the works created by inspiria or its employees or servants in performing the Agreement, which right shall be restricted to the duration of the event.  Proposals presented by inspiria may be used by customer free of charge only if inspiria is entrusted with the implementation and realisation thereof.

7. Warranty and Liability
 
Any notice of complaint shall be given in writing to inspiria no later than two weeks after return. Minor changes in the services shall not entitle customer to reduce remuneration and rescind the Agreement. Customer acknowledges that the public safety duties apply to the operator of a fixed facility (stadium, hall, hotel) and therefore Inspiria shall not be liable to customer or the participants for reimbursement of damage resulting from event organized by inspiria. The above release from liability shall not apply in case of intent or gross negligence. In case of slight negligence, liability shall in any case be excluded.

8. Rescission before commencement of an incentive journey
 
Customer may rescind the Agreement before commencement of an incentive journey without stating any reason. In this event, customer shall fully reimburse inspiria for any accrued expenses, including cancellation fees of service providers, within 10 days from written request by inspiria (settlement). However, customer may at its election prove any damage that is less than damage inspiria has asserted.

9. Secrecy
 
The parties undertake to safeguard the trade and business secrets of the respective other party. This obligation shall survive the termination of Agreement. Inspiria undertakes to transfer and assign to its employees and servants relevant obligations.

10. Premature Termination
 
Either party may rescind the Agreement without granting a grace period if the provision of services is prevented or unreasonably aggravated by an act of god, if composition or bankruptcy proceedings are initiated against the other party or if the initiation of bankruptcy proceedings is finally dismissed for lack of assets to cover costs.
For services provided by inspiria or a third party on behalf of inspiria until the date of premature termination, inspiria shall be entitled to an appropriate compensation, including cancellation fees for service providers, if any. Either party may rescind the Agreement by granting a reasonable grace period of at least two weeks if the respective other party is in default in performing its other obligations arising from this Agreement.

11. General Provisions
 
The Agreement shall be solely governed by and construed in accordance with Austrian law, to the exclusion of the conflict of law rules and the UN Sales Convention. Place of performance and jurisdiction shall be Salzburg. For the purpose of ensuring legal ertainty for both parties, any deviation from these terms and conditions, side agreements or oral undertakings shall require a written confirmation by inspiria to be effective.
If any term of the Agreement or of the General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining terms. The parties will replace the invalid term by a valid term which closest reflects the purpose of the invalid term.
 
12. Place of jurisdiction Salzburg, Austria

International