Terms and Conditions
Terms and Conditions
General Terms and Conditions of come in OG
Status: February 2022
General Terms and Conditions of come in OG
Status: February 2022
1. Scope of application
come in offers its services exclusively on the basis of these terms and conditions to the exclusion of any contrary terms and conditions of the client.
2. Submission of offer
If a fixed event date is available, come in shall prepare an initial offer free of charge.
Research and preparation of a detailed programme shall be charged by come in on a time and material basis. In the event of an order being placed, come in shall reimburse the costs for programme research and preparation in full as part of the final invoice.
In the event that the date or number of persons is subsequently changed, new research and calculations will be required and will be invoiced on a time and material basis.
3. Site Inspection
A site inspection is recommended to ensure that all services meet the client's requirements. The costs for the project manager, accommodation, travel expenses, consumption and activities within the scope of the site inspection shall be borne by the client. If the event takes place, come in will reimburse the costs for one project manager day.
4. Travel expenses
Travel expenses for agency staff and subcontractors (technicians, artists, etc.) shall be borne by the client:
- Accommodation in single rooms in hotels (at least 4 star category)
- 3 meals per person and day (including 2 hot meals)
- Within Europe: costs for 1st class train or official mileage allowance or rental car or economy class air tickets as well as the direct costs of rental cars and other means of transport
- Overseas: Business Class air tickets and the direct cost of rental cars and other means of transport.
5. Drinks and Extras
Getränke, sowie vom Auftraggeber während der Veranstaltung kurzfristig bestellte Zusatzleistungen und Extras werden – ebenso wie sämtliche Leistungen gemäß Vertrag – über come in verrechnet. come in stellt eine Bearbeitungsgebühr in Höhe von 10% auf die Gesamtkosten von Getränken, Extras und Zusatzleitungen in Rechnung.
Tipping is a voluntary service. A tip amounting to 10% of the cost of consumption is customary in Austria. If desired, the tip can be settled via come in.
7. Conclusion of contract and subject matter of contract
The type and scope of the services shall be specified in the contract and the associated list of costs; the order shall be placed in writing. The contractual relationship shall exist exclusively between come in and the client, but not between come in and the client's customers.
8. Commissioning of third parties
If necessary, come in shall authorize suitable subcontractors to perform individual services relating to the subject matter of the contract. The client shall give his express consent to this.
9. Obligations of come in
come in undertakes to plan the planned project conscientiously with the diligence of a prudent businessman and to
- to plan the project conscientiously and to advise the client
- to carefully select and supervise all service providers
- to monitor and ensure the planned project during the realization phase.
10. Obligations of the principal
If necessary for the proper performance of the contract, the client shall provide come in with appropriate information and instructions in due time. If necessary, the client shall immediately notify the come in project manager during the event of any deficiencies in the service. Failure to provide such information shall have no effect on warranty claims, but shall result in the client's contributory negligence excluding liability.
11. Warranty and liability
Any complaints as well as claims for compensation for services not rendered properly shall be addressed in writing to come in no later than one week after the end of the event. Minor changes to the services do not entitle the client to reduce payment and withdraw from the contract. The client acknowledges that the obligations of public safety are incumbent on the operator of a fixed existing facility (stadium, hall, hotel, etc.) and that come in is therefore not liable for compensation for damages arising from an event organised by come in. This release from liability shall not apply in the case of intent or gross negligence. In the case of minor negligence (failure to exercise the degree of care that only exceptionally prudent or careful people are accustomed to exercising), liability is excluded in any case.
Both parties undertake to maintain the professional and business secrets of the other party. This obligation shall survive the termination of the contract. come in undertakes to impose corresponding obligations on employees and subcontractors.
All proposals, ideas and thoughts offered by come in in the conceptual and creative field, whether in written or oral form, are the intellectual property of come in. They are subject without restriction to the applicable Austrian copyright laws. Their use, even of parts of the concept, requires the written permission of come in. Reproduction and transfer to third parties are not permitted. Images used in presentations are for visualisation purposes and may deviate and vary during implementation.
14. Image Rights
Photographs and video recordings of events may be used by come in for self-promotional purposes without further inquiry. Unless the client expressly forbids this in writing before the start of the event, the client agrees to this use.
15. Terms of payment
Payment by the client shall be made in due time without deduction by bank transfer in euros to the following account of come in:
Bank Raiffeisen Landesbank Wien - Account 07.705.833, sort code 32000
IBAN AT50 3200 0000 0770 5833, BIC RLNWATWW
Bank charges shall be borne in full by the client. Compliance with the following payment deadlines is a prerequisite for the provision of services by come in:
1. down payment: 50% of the expected total costs when the order is placed
2nd down payment: 40% of the anticipated total costs up to 2 months before the service is provided
Final payment: immediately after the service has been rendered on receipt of the final invoice.
16. Withdrawal from the contract
The client may withdraw from the contract prior to the commencement of the service provision without giving reasons. In such a case, the client shall compensate come in within 10 days of the written request by come in as follows:
The following shall apply to come in's own services (Eigenleistungen):
In any case, own services shall be invoiced in accordance with the service already provided.
The following shall apply to intermediary services (Vermittlerleistungen):
The contractual conditions agreed directly between the service provider and the customer shall apply. come in cannot be held liable for their content or for any obligations arising therefrom.
The following applies to agency services (Besorgerleistungen):
Up to 6 months in advance: 10% cancellation fee on agency services
6 months to 3 months in advance: 20% cancellation fee on the provision of services
3 months to 1 month in advance: 50% cancellation fee on the provision of services
1 month - 2 weeks before: 80% cancellation fee on order services
Within 2 weeks before: 100% cancellation fee on order services
17. Premature termination of the contract
Both parties may terminate the contract without granting a period of grace if the provision of the services is prevented or disproportionately hindered by force majeure, by the institution of composition or bankruptcy proceedings against the other party, or if bankruptcy proceedings are not initiated due to a lack of assets to cover the costs.
For all services provided by come in or by third parties on behalf of come in up to the date of premature termination of the contract, come in shall be entitled to reasonable compensation in accordance with clause 16. Both parties may terminate the contract by granting a grace period of two weeks if the other party is culpably in default with the fulfillment of its other contractual obligations.
18. General terms of contract
This contract and its interpretation shall be governed exclusively by Austrian law. The place of performance and jurisdiction shall be the Commercial Court of Vienna. In order to ensure legal certainty for both parties, all deviations from the terms and provisions of this contract, all ancillary agreements or verbal undertakings shall require written confirmation by come in order to be valid. If any provision of the contract or the General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.