Terms & Conditions / Disclaimer
Terms & Conditions / Disclaimer
Media owner: Österreich Werbung Vienna
Tel.: +43 (0) 1 58 866-0
Fax: +43 (0) 1 58 855 20
Company registration number: official register of societies and associations Zl: VIII-761, ZVR: 075857630
Managing Director: Mag. Dr. Petra Stolba
Deputy: Mag. Markus Haushofer
Supervisory authority in charge: Federal Police Headquarters in Vienna, Department for Associations, Demonstrations and Media Law, 101 Vienna, Schottenring 7-9
Chamber membership: none
Value added tax identification number: ATU 38158603
Purpose of organisation: Promotion of Austria as a holiday destination.
General direction of the medium: Promoting Austria as a holiday destination to maintain and develop its competitiveness within the tourism industry.
General Standard Terms and Conditions of the association Österreich Werbung (1040 Vienna, Margaretenstraße 1)
Version date 06.09.2012
The association Österreich Werbung (Austrian national tourist office), hereinafter referred to as the Contractor, only accepts orders on the basis of the terms and conditions set out below. The contractual partner or Client expressly acknowledge that it has taken note of these terms and conditions with legally binding force, such that they have become a constituent part of the contract. Reference by the Client to its own "General Standard Terms and Conditions" does not invoke their applicability, if this is not agreed separately in writing. Any change or supplement to these terms and conditions is only possible by agreement and in writing, whereby the unchanged terms and conditions nevertheless remain a constituent part of the contract in all eventualities.
The invalidity or unenforceability of any part of these terms and conditions shall not affect the validity and enforceability of the remaining parts. Invalid or unenforceable provisions shall be replaced by valid arrangements such that they come as close as possible to the economic purpose of those provisions.
2. Placing of orders
Any offer of contract submitted to the Contractor only becomes binding for the Contractor with the issuing of a written acceptance of offer by the responsible organs of the Contractor. Any change in the order made following placing of the order requires the Contractor’s written confirmation to be valid.
The Contractor reserves the right to refuse orders. Reasons for refusal can include: (i) Where the order runs contrary to the economic and ethical interests of the Contractor deriving from the Contractor’s statutes, (ii) orders which contravene good morals or breach the law, (iii) orders from companies which have not settled in full open invoices due to the Contractor or where, for other objective reasons, it is legitimate to doubt their ability and willingness to pay, or where there is a breach of the provisions of the law on transparency of media cooperations and subsidy (Medienkooperations- und förderungs-Transparenzgesetz, (MedKF-TG) and the Client makes no modifications despite a Contractor request.
3. Payment terms and invoicing
All Contractor prices are quoted in euros and excluding turnover tax. Contractor invoices are to be settled within 30 days following invoicing, in full and without deduction of charges, and in such a manner that the Contractor may dispose of the amounts of the invoices at the latest on that day.
In the event of a delay in payment, the Contractor shall be entitled to demand penalty interest of 5% above the EURIBOR rate on the outstanding sum from the Client, and shall also be entitled to claim reimbursement of the necessary and purposeful expenses for dunning and collection actually incurred, together with legal expenses, in accordance with the law governing solicitors' fees (Rechtsanwaltstarifgesetz), as amended. Where the Contractor pursues the dunning procedure itself the Client undertakes to pay a sum of EUR 10.90 per dunning letter sent, and a quarterly sum of EUR 3.70 for maintaining evidence of debt for dunning purposes by the Contractor.
In the case of advance services which the Contractor is to provide to third parties, the Client is obliged, following submission of the accounting records, to pay advances in the appropriate amount. Only after receipt of the advance payment is the Contractor obliged to provide the advance service to the third party.
4. Client collaboration
The Client shall support the Contractor in the provision of services, particularly with regard to respecting binding dates and deadlines. Insofar as is necessary for the provision of services, the Client shall collaborate so far as it is able and shall provide all useful information and data. The Client shall designate a competent contact person for the Contractor who shall be responsible for communications between Contractor and Client. On justified request from the Contractor, a new contact person is to be appointed.
Should the Contractor be unable to meet the agreed date of performance, the Client shall grant it an appropriate extension period of at least 2 weeks, without the Client being entitled to claims of any kind whatsoever arising from this delay, unless the Contractor has brought about this delay through gross negligence or with intent. This period begins with receipt of a warning letter sent via recorded delivery to the Contractor which fulfils the stated condition (setting an extension period).
Delays due to circumstances over which the Contractor has no direct influence, such as notably force majeure and similar events which are unforeseeable for the Contractor, such as operational faults, transport issues, fire, strikes, lock-outs and official measures, extend the performance period by the respective period of delay brought about by the said circumstances. Such circumstances are in all eventualities also taken to include events of this type within the sphere of influence of the Contractor's sub-contractors and other third parties with whom the Contractor maintains business relations. The Client may not derive any claims of whatsoever kind against the Contractor from such delays.
6. Forwarding of the order
The Contractor shall be entitled to pass on the order in full or in part to third parties, insofar as this does not thereby harm the legitimate interests of the Client. In the event of forwarding of essential parts of the order, the Contractor shall inform the Client of the proposed transfer. Parts of the order are essential in this sense if in terms of value they exceed at least one-half of the total order, with the total order value being required to be at least EUR 7,267 in order to trigger the duty for notification. This duty for notification shall also exist with regard to those parts of the order which are expressly designated as essential by the Client at the time of placing the order.
7. Defective performance of contract
The Contractor provides a guarantee of the proper performance of contract. The guarantee period lasts for 6 months from execution of the order.
In the event of non-proper performance of the order (non-performance, defective performance), the Contractor may choose whether to rectify the defect or arrange for the defect to be rectified, or whether it shall grant an appropriate reduction in price or rectify the defect through replacement. The Client shall notify defects in execution of the contract without delay, but at the latest within two weeks following the provision of performance, in writing to the Contractor and with detailed reasons, indicating the individual actual defects.
8. Compensation and product liability
With regard to such bases for the work as were provided for the Contractor by the Client, the latter guarantees that third-party rights do not oppose use of same and the Client shall indemnify and hold the Contractor completely harmless with regard to any liability for claims by third parties.
Moreover, the Contractor shall accept no liability for the permissibility of advertising measures, insofar as the content of such measures was written or otherwise created by the Client. Instead, the Client shall examine or arrange for an examination of the legal requirements in this respect, under its own responsibility. Should the breach of the law of an advertising measure written or otherwise created by the Client lead to claims against the Contractor, the Client shall undertake to indemnify the Contractor and hold it completely harmless.
Insofar as the Contractor notices a breach of the statutory provisions, the Contractor may at any time demand changes and supplements to the order. Should the Client refuse to undertake changes to be made in harmony with the statutory provisions, the Client shall bear the risk of this failure to perform. The Client shall not be entitled to a guarantee nor to compensation, but shall be liable to pay the agreed remuneration.
In other instances, neither the Contractor nor the Client shall be liable for compensation for lost profit, for consequential losses and for third-party claims or for minor negligence, insofar as this is permitted in law.
9. Ownership and rights of use
The Client is granted only the non-exclusive right to use for the contractually-agreed purpose and in the contractually-agreed scope for all documents, materials, ideas and other services made available. Transfer to third parties is not permitted for the Client, and in the event of a breach of this provision the Client shall be obliged to pay a penalty of 50% of the net value of the order (excluding turnover tax) regardless of fault, with this not affecting claims by the Contractor which exceed this. Changes to the services provided require the agreement of the Contractor and of any possible copyright-holder with rights in addition.
All rights to inventions and other industrial property rights to works and inventions of its employees which are produced by said employees as part of the provision of services are due to the Contractor.
The Contractor is entitled to indicate its rights as originator for all services it has provided, without the Client becoming thereby entitled to a claim of any kind.
It is not permitted for either contractual party to itself use or to disclose to whomsoever commercial and operational secrets and information which they have obtained – even by chance – regarding the nature, scope of operations and practical activities of the respective other party to the contract, both during and also after the ending of the signing of contract.
13. Protected rights
The agreed remuneration includes payment for acquiring industrial property rights (copyright in design, brand copyright, patent rights, utility-model patents, semiconductor rights and copyrights) to the extent that their acquisition is necessary for the Client for the contractual use. With regard to such bases for the work as were provided for the Contractor by the Client, the latter guarantees that third-party rights do not oppose use of same and shall indemnify and hold the Contractor completely harmless with regard to any liability for claims by third parties.
14. Assignment of claims
Assignment of the Client’s receivables in respect of the Contractor resulting from the contract is only possible with the express approval of the Contractor given in writing.
Offsetting against the Contractor’s claims or the assertion of a right of retention by the Client is only permitted if the receivables or the Client’s right is undisputed or has been determined with force of law.
16. Place of performance and jurisdiction
Vienna is agreed as the place of payment and performance, where no other arrangement is expressly specified in the placing of order.
For possible disputes arising from this contract, the contractual partners agree the respectively competent court of the Vienna City Centre (Wien Innere Stadt) court district as the sole place of jurisdiction.
17. Applicable law
The agreement and possible legal disputes concerning the valid establishment of this agreement are to be assessed exclusively under Austrian law.
This web site of Österreich Werbung has been set up as an open internet portal for the promotion and development of Austrian tourism. As a pure service and information platform, this site also includes links to web sites of third parties, whose contents cannot be controlled by Österreich Werbung. With the judicial ruling of 19.12.2000 (4 Ob 274/00y – Liability for Links on Websites) the Austrian Supreme Court decided that a web site operator must consider the contents of an external web site as its own and is liable for them in so far as it adopts the contents as its own. We expressly point out that Österreich Werbung bears no responsibility for these web sites and the content therein. The setting of links on the web site of Österreich Werbung is purely a service and intends to provide the user of this web site with an overview, in assembled form, of the tourism-related web sites that are available in Austria. Österreich Werbung does not adopt the contents of these web sites as its own. The access to the content of external web sites is effected at own risk and responsibility.
Users should take note that contents will also be posted on the web site for which Österreich Werbung’s partners in contract are exclusively responsible.
Österreich Werbung – similar to a bookstore or a newspaper stand – does not have the means of controlling these contents. The information, opinions, tips, statements, services, offers, etc that are expressed in these contents, are the sole responsibility of the respective partners in contract. Under no circumstances is Österreich Werbung responsible for these contents. Österreich Werbung does not endorse or guarantee the contents of these links and bears no liability whatsoever for any damages in relation to these.
In the case that you as user notice that a link refers to legally problematic content, we kindly ask you to inform Österreich Werbung about this link by e-mail email@example.com so that the link can be removed as soon as possible