1. Scope<br/> inspiria offers its services exclusively on the basis of these terms and conditions in their current version under exclusion of contrary terms and conditions of the client.
2. Conclusion of contract and contractual object<br/> The nature and extent of the services of inspiria are described in detail in the written contract as well as in the programme description, which represents a part of this contract. Each order given by the customer must be confirmed in writing. The contractual relationship is exclusively between inspiria and the customer, but not between inspiria and the customer of the customer or the latter’s employees.
3. Obligations of inspiria<br/> inspiria shall make a record stamped with the date of each meeting with the customer regarding the execution of the order, the content of which is binding for both parties unless the customer raises an objection within 10 days. inspiria shall provide the customer with detailed information regarding particular services.
4. Commissioning of third parties<br/> In its name and on its behalf, inspiria will commission suitable third parties (e.g. musicians, artists, service providers) to carry out the services described in this contract, and the customer gives his express approval. inspiria is liable for services carried out by third parties as if they were its own services. Paragraph 7 shall apply for obligations pertaining to public safety.
5. Obligations of the customer<br/> If it is necessary for the proper performance of the contract, the customer shall provide inspiria with relevant information and instructions. The customer shall inform the employees of inspiria immediately on-site regarding any deficiencies in the service. Failure to communicate such deficiencies will have no impact on warranty claims. However, it does constitute a case of contributory negligence which excludes liability.
6. Grant of rights<br/> The customer has the inalienable right to use the work created by inspiria, its employees or its service providers for the fulfilment of this contract, whereby this right is limited to the duration of the event. The customer may only use suggestions made by inspiria free of charge if inspiria has been commissioned with its implementation and execution.
7. Warranty and liability<br/> Every complaint is to be submitted in writing to inspiria, at the latest two weeks after the end of the event. Minor modifications to the services do not authorise the customer to reduce the payment and to terminate the contract. The customer acknowledges that public service obligations are incumbent upon the operator of a fixed facility (stadium, hall or hotel) and that inspiria is thus not liable for the compensation of damage that has resulted from an event organised by inspiria. This exemption from liability shall not apply in the event of premeditation or gross negligence. In the event of minor negligence (negligence of the degree of care that only extraordinarily prudent or careful persons tend to apply), liability shall be excluded in any case.
8. Withdrawal from the contract prior to beginning an incentive tour<br/> The customer can withdraw from the contract prior to beginning an incentive tour without indicating reasons. In such a case, the customer shall reimburse inspiria within 10 days from the written request by inspiria for all costs, including a cancellation fee for service providers. (Settlement) However, the customer is free to prove damage that is lower than that claimed by inspiria.
9. Secrecy<br/> The parties are obligated to safeguard the professional and trade secrets of the other party. This obligation shall apply after the contract has been completed. inspiria shall undertake to impose corresponding obligations on its employees and service providers.
10. Premature termination of the contract<br/> Both parties can terminate the contract without granting a grace period if the performance of services is prevented or seriously impaired by force majeure, by the the introduction of compensation or bankruptcy proceedings against the other party or if a party abstains from the introduction of bankruptcy proceedings for lack of assets to cover the costs. For services rendered by inspiria or by third parties on behalf of inspiria until the date of the premature termination of the contract, inspiria is entitled to appropriate compensation, including cancellation fees for service providers if applicable. Both parties can terminate the contract after allowing a grace period of two weeks if the other party fails to perform its remaining contractual obligations.
11. General contract conditions<br/> Austrian law shall solely apply for this contract and its interpretation to the exclusion of any conflict of laws and the UN Sales Convention. Salzburg is the place of execution and the place of jurisdiction. In order to ensure legal security for both parties, all deviations from the terms and provisions of this contract, all related agreements or oral assurances about its effectiveness require the written confirmation of inspiria. If any condition of the contract or of the General Terms and Conditions is or becomes invalid, the remaining provisions shall remain unaffected. The parties shall substitute the invalid provision with a valid one which comes closest to the purpose of the invalid provision.
12. Jurisdiction<br/> The parties to this contract agree that Austrian law shall be applied. The place of jurisdiction shall be the Salzburg regional court.