General
Incentry GmbH, hereinafter referred to as Incentry, concludes contracts exclusively on the basis of the following general terms and conditions. Verbally agreed amendments and additions to the concluded contract or to these terms and conditions are only valid if confirmed by Incentry in writing. By placing an order, the contractual partner is deemed to have accepted Incentry's terms and conditions. For the booking of travel services, Incentry works together with travel agencies.
Conclusion of Contract & Scope of Services
Contracts between Incentry and the client are generally only concluded upon express acceptance by Incentry. Offers are non-binding. The scope of the contractual obligation to perform results exclusively from Incentry's service description and/or the details in the contract confirmation. Side agreements that alter the scope of the contractual services require express written confirmation. Changes or deviations of individual contractual services from the agreed content of the contract that become necessary after conclusion of the contract are permitted, provided the changes or deviations are not significant and do not affect the overall character of the agreed contractual services. Taxes, fees, charges and copyright fees (AKM and similar) arising from the performance of the event are borne by the client.
Usage Rights and Retention of Title
All usage rights to the creative services remain with Incentry unless otherwise agreed in writing. 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 Incentry's creative services to third parties. All other deliveries and services remain the property of Incentry until paid in full.
Incentry holds the sole right of exploitation over its drafts, concepts, ideas, presentation materials, proposals, etc. It transfers usage rights to these copyrighted works only to the extent contractually agreed.
The work, drafts, concepts, ideas, presentation materials, proposals, etc. created by Incentry may in any case only be used for the client's own purposes or for third parties with Incentry's express consent and against reasonable additional compensation.
Data Protection
All personal data made available to Incentry for the purpose of organising the event is protected against misuse.
Incentry will further process the data as required to fulfil the contract, as well as for the purpose of direct marketing in forms that do not require consent, such as addressed postal advertising mail.
All data is subject to the agreed or statutory duty of confidentiality and the protection of personal data. Client data is not passed on, except to typical business recipients such as banks, tax advisors and lawyers, unless required by law or agreed with the client.
The client's data is stored for the purpose of documentation and the fulfilment of legal obligations for a maximum of thirty years after completion of the assignment.
The client has the right to object to the processing of their personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for direct marketing purposes.
The client and their affected employees have the right to access, rectify and erase their personal data, the right to restrict processing, the right to data portability and the right to lodge a complaint with the data protection authority (Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Phone: +43 1 531 15 – 202525, Email: dsb@dsb.gv.at)
Warranty
The contractual partner must inspect Incentry's services immediately after delivery or completion, and any defects identified must be reported to Incentry in writing and in detail without delay.
Incentry's warranty is limited, at its discretion, to improvement, supplementing what is missing, or replacement of the defective service with a defect-free one. Claims for damages by the contractual partner are generally excluded.
Liability
Incentry undertakes to prepare conscientiously and to carefully select and supervise service providers in accordance with the duty of care of a prudent business.
Where Incentry is entitled to claims for damages against third parties in connection with the performance of the contract, the agency also assigns such claims to the client, provided the client accepts the assignment of such future claims. In such a case, the client has no further claims against Incentry. The client is entitled to pursue such claims at their own expense.
Incentry offers to take out, where possible, adequate event liability insurance for the event on behalf of the client. The cost of such insurance will in any case be invoiced to the client.
Prices
All prices are net, exclusive of 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 account for services rendered by third parties on its behalf or to provide invoices from the party it commissioned.
Services not included in the offer that are carried out at the client's request, or additional expenses caused by incorrect information provided by the client, by transport delays through no fault of Incentry, or by third-party preliminary services that are not provided on time or not in a professional manner – insofar as those third parties are not agents of Incentry – will be invoiced to the client additionally at Incentry's current rates.
Quoted prices are valid for three months from conclusion of the contract. After this three-month period, the contractor is entitled to pass on price increases from manufacturers or suppliers, or wage increases, to the client. The client only has the right to withdraw from the contract once the price increase exceeds 10% of the total quoted amount.
Payment
Incentry is entitled to invoice each individual service immediately after it has been rendered. Unless otherwise agreed, invoice amounts are due for payment within 7 days of receipt of the invoice. In addition, Incentry is entitled to request advance payments to cover its expenses as follows:
40% of the agreed fee upon conclusion of the contract
40% of the agreed fee up to 14 days before the first day of the event
The remaining balance is due upon receipt of the final statement. Deductions of any kind are excluded.
Cancellation Terms
For written cancellation after the order has been placed, up to the midpoint of the project planning period: 50% of the agency fee.
For written cancellation after the order has been placed, from the midpoint of the project planning period
up to 14 days before the event: 70% of the agency fee.
For written cancellation after the order has been placed, from 14 days before the event: 100% of the agency fee.
For third-party services booked through Incentry, the cancellation terms of the respective third-party provider apply. Incentry does not review or control the content of third-party providers' cancellation terms.
Any invalidity in the terms and conditions or cancellation terms of third-party providers has no effect on the validity of Incentry's terms and conditions.
Final Provision
Should individual provisions of these terms and conditions become invalid, this shall not affect the validity of the remaining provisions.
Place of Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the court with subject-matter and local jurisdiction for Hallein, Austria.
