§ 1 Validity of the conditions
(1) These terms and conditions of business apply to entrepreneurs who, upon conclusion of the contract, are acting in the exercise of their commercial or independent professional activity as well as to legal entities under public law or special funds under public law.
(2) Other terms and conditions are not valid, even if we, Zukunftsinstitut Consulting GmbH, Rudolfsplatz 12/6, 1010 Vienna, do not expressly object to them.
§ 2 Remuneration
All prices quoted by us are exclusive of the statutory value added tax.
§ 3 Revocation
(1) The following applies to consulting mandates: Cancellations must be made in writing by mail or e-mail. Travel costs and expenses already incurred up to the time of cancellation are to be reimbursed by the client in addition to the cancellation fee. The cancellation fee is 50% of the full fee from 3 weeks prior to the event date. In case of cancellation from 3 working days before the event date, the full fee will be charged. The date of receipt of the declaration by Zukunftsinstitut Consulting GmbH is decisive for meeting the deadline. In case of postponement of the date, the travel costs and expenses already incurred up to the date of the postponement will be reimbursed by the customer.
(2) The following applies to training events: Due to the current situation, we offer the possibility to cancel free of charge 7 days before the event begins. From the 6th day before the start of the event, the cancellation fee is 50%. A substitute person can of course be named. Cancellations must be made in writing by mail or e-mail. The date of receipt of the cancellation by Zukunftsinstitut Consulting GmbH is decisive for meeting the deadline. In case of postponement of the appointment, the travel costs and expenses already incurred up to the time of the postponement will be reimbursed by the customer.
§ 4 Cancellations and amendments
(1) If we cancel the appointment for organizational reasons or as a result of force majeure, the remuneration already paid will be refunded.
(2) We reserve the right to make unscheduled changes (e.g. due to illness of the consultants). In this case we commit ourselves to provide an equivalent replacement, provided that the customer agrees. Of course we will inform you about necessary changes without delay. If, in exceptional cases, an event has to be cancelled or postponed, any costs already paid will be refunded. For damages caused by a cancellation by us, we are only liable under the conditions and within the limits of the following § 6 “Liability”.
§ 5 Copyright
The consultants’ presentation documents are protected by copyright and may be reproduced or distributed in extracts and without our consent, but only internally within the company. Film recordings of our consultants require a written declaration of consent from the Zukunftsinstitut up to 1 week before the start of the event. The produced film recording must be sent to us before publication and must be approved by us.
The sound recordings made within the framework of the workshops may be used by the Zukunftsinstitut for evaluation, but may not be passed on to third parties.
§ 6 Liability
(1) We shall be liable for damages within the scope of the statutory provisions only in accordance with the following provisions.
(2) We shall be liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence by us or our legal representatives or vicarious agents, as well as for damages in the event of non-compliance with a guarantee given by us or due to fraudulently concealed defects.
(3) We shall be liable, limited to compensation for foreseeable damage typical of the contract, for such damage which is based on a slightly negligent breach of essential contractual obligations by us or our legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
(4) Other claims for damages by the customer are excluded. The provisions of the Product Liability Act shall remain unaffected.
(5) The limitations of the above paragraphs (1) to (4) shall also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.
§ 7 Final provisions
(1) The customer shall only be entitled to offsetting and to exercise rights of retention if the claims asserted by him are not disputed by us or have been legally established.
(2) In all business relations between us and our customers, legal action shall be taken at the court having jurisdiction for our head office. We are also entitled to bring an action at the customer’s head office.
(3) The law of the Federal Republic of Austria shall apply exclusively to the contractual relationship.