Terms and Conditions

Incentry GmbH – November 2019

General
Incentry GmbH, hereinafter referred to as Incentry, concludes contracts exclusively on the basis of the following general terms and conditions. Verbally agreed changes and additions to the concluded contract or these terms and conditions are only effective if they are confirmed in writing by Incentry. With the placing of the order by the contractual partner, the General Terms and Conditions of Incentry apply as accepted by the contractual partner. Incentry works with travel agencies to book travel services. 

Contract conclusion & scope of services
Contracts between Incentry and the client are generally only concluded with the express acceptance by Incentry. Offers are not binding. The scope of the contractual performance obligation results exclusively from the description of services from Incentry and / or the information in the contract confirmation. Subsidiary agreements that change the scope of the contractual services require express written confirmation. Changes or deviations of individual contractual services from the agreed content of the contract, which become necessary after conclusion of the contract, are permitted, provided that the changes or deviations are not significant and do not affect the overall design of the agreed contractual services. The taxes, fees, levies and copyright fees (AKM etc.) arising from the implementation of the event shall be borne by the client.

Rights of use and retention of title
Unless otherwise agreed in writing, all rights of use to the creative services remain with Incentry. The contractual partner is not entitled to use these – in whatever form – beyond the agreed scope of services. In particular, the contractual partner is not entitled to resell or pass on creative services from Incentry. All other deliveries and services remain the property of Incentry until they have been paid for in full.

Incentry has the sole right of exploitation of its drafts, concepts, ideas, presentation documents, offers, etc. It transfers rights of use to these copyrights only to the extent that is contractually agreed. 

Data protection policy
All personal data that are made available to Incentry to handle the event are protected against misuse. 

The data will be further processed by Incentry for the purpose of fulfilling the contract and for the purpose of direct marketing in forms that do not require consent, such as the addressed postal mailing of advertising. 

All data are subject to the agreed or legal obligation to secrecy and the protection of personal data. A transfer of the customer’s data takes place, apart from the transfer to typical economic recipients such as banks, tax consultants, lawyers only on the basis of legal basis or in coordination with the customer. 

The customer’s data are stored for the purpose of documentation and the fulfillment of legal obligations for a maximum of thirty years after the completion of the orders. 

The customer or their employees concerned have the right to information, correction and deletion of their personal data, the right to restriction of data processing, the right to data portability and the right to complain to the data protection authority (Austrian data protection authority, Wickenburggasse 8, 1080 Vienna, telephone : +43 1 531 15 – 202525, mail: dsb@dsb.gv.at)

Guarantee
The services of Incentry are to be examined by the contractual partner immediately after delivery or completion and any defects found are to be reported to Incentry in writing without delay. The Incentry’s guarantee is limited to improvement, amendment of what is missing or replacement of the defective service for a defect-free one. Claims for damages by the contractual partner are fundamentally excluded. 

Liability
Incentry undertakes to conscientiously prepare and carefully select and monitor its service providers in accordance with the due diligence of a proper company. 

Insofar as Incentry is entitled to claims for damages against third parties in connection with the execution of the contract, the agency also assigns such compensation claims to the customer, provided the customer accepts the assignment of such future claims. In such a case, the customer has no further claims against Incentry. The customer is entitled to enforce such claims at his own expense. 

The services of Incentry are to be examined by the contractual partner immediately after delivery or completion and any defects found are to be reported to Incentry in writing without delay. The Incentry’s guarantee is limited to improvement, amendment of what is missing or replacement of the defective service for a defect-free one. Claims for damages by the contractual partner are fundamentally excluded.

Preise
All prices are net without VAT. 

Unless otherwise agreed, third parties are commissioned in the name and for the account of Incentry. In this case, Incentry is not obliged to invoice the services provided by third parties on its behalf or to submit invoices to the person commissioned by it. 

Zahlung
Incentry is entitled to invoice each individual service immediately after it has been provided. Unless otherwise agreed, invoice amounts are due for payment within 7 days of receipt of the invoice. Incentry is also entitled to demand advances as follows to cover its expenses: 

40% of the agreed remuneration upon conclusion of the contract 
40% of the agreed remuneration up to 14 days before the first day of the event 

Cancellation conditions
In the event of a written cancellation after the order has been placed up to half of the project planning period: 50% of the agency fee. In the case of written cancellation after the order has been placed from half the project planning period up to 14 days before the event: 70% of the agency fee. In the event of a written cancellation after the order has been placed 14 days before the event, 100% of the agency fee. In the case of third-party services booked via Incentry, the cancellation conditions of the respective third-party provider apply. The cancellation conditions of the third party providers are not subject to the content control of Incentry. 

Final provision
Should individual provisions of these terms and conditions become ineffective, this does not affect the effectiveness of the remaining provisions. 

Place of jurisdictions
The application of Austrian law to the exclusion of the UN sales law is agreed. The place of jurisdiction is the factually and locally responsible court for Bad Ischl, Austria. 

Incentry GmbH 
Esplanade 14 
A-4820 Bad Ischl

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