As of May 17, 2011
§ 1. General and definitions
1.1. These General Terms and Conditions, hereinafter referred to as “Terms and Conditions”, apply to all transactions with the operator of GARTEN TULLN.
1.2. The current operator of the GARTEN TULLN - Lower Austrian State Garden Show is the Lower Austrian State Garden Show Planning and Erection G.m.b.H. This is subsequently called the “operator”. If the identity of the operator changes, this name refers to the new operator.
1.3. Contractual partners of the operator are hereinafter referred to as “contractual partners”.
1.4. Services of whatever kind that contractual partners provide to the operator are hereinafter referred to as “services”.
1.5. Remuneration, in whatever form, which is paid by the operator to contractual partners for the provision of services is hereinafter referred to as “remuneration”.
1.6. The exhibition DIE GARTEN TULLN Lower Austrian State Garden Show is a permanent facility that takes place every year from April to October. In 2008 it is expected to take place from April 30, 2008 to October 26, 2008. It is subsequently called “DIE GARTEN TULLN”.
1.7. The operator contracts with contractual partners exclusively on the basis of these General Terms and Conditions.
1.8. The operator is not subject to any obligation to contract; There is no legal right to conclude a contract, follow-up order or similar with the operator.
1.9. The General Terms and Conditions also apply to subsequent services, even if the application of the General Terms and Conditions is not explicitly agreed in the agreement for the subsequent service and even if the agreement for the subsequent service has a different contractual subject matter than the original agreement.
§ 2. Provision of services
2.1. The place of service provision is the event location of DIE GARTEN TULLN, Am Wasserpark 1, 3430 Tulln, unless otherwise agreed.
2.2. The operator is not obliged to accept partial services unless provision of the service in several partial steps has been agreed in individual cases.
2.3. Several contractual partners of the operator who jointly undertake to provide a service are jointly liable, regardless of their participation or originally planned participation in the provision of the service.
2.4. If the operator hands over plans, sketches, workpieces, samples or discloses know-how to the contractual partners in the course of order processing, the contractual partners must protect the operator's rights to them, in particular the intellectual property rights thereto. By handing over or disclosing the information, the operator does not grant contractual partners any rights whatsoever; all rights remain exclusively with the operator. A transfer of these documents or information to third parties is excluded, as is their use for purposes other than those agreed in the contract in the individual case. If the operator, or third parties commissioned by the operator, hands over plans, sketches, workpieces, samples, documents, aids and the like or discloses know-how to contractual partners in the course of order processing, the contractual partners must protect the operator's rights thereto, in particular the intellectual property rights .
2.5. Contractual partners undertake to treat all information within the meaning of § 2.4., which they have received in connection with the initiation or performance of the contract with the operator, confidentially. This also applies beyond the duration of the contractual relationship.
2.6. If the operator is held liable for any behavior (action, omission or toleration) by contractual partners in whatever form, the contractual partners must indemnify and hold the operator harmless for this.
§ 3. Remuneration
3.1. The agreed fee is a flat-rate fixed fee that covers all costs and expenses of the contractual partners. It is not subject to valorization or price adjustments or anything like that.
3.2. Contractual partners do not have the right to set off claims against the operator of any kind against claims that the operator has against contractual partners, unless the claims of contractual partners are explicitly recognized in writing by the operator in terms of reason and amount or established as legally binding and enforceable by an Austrian court.
3.3. Contractual partners do not have the right to assign claims against the operator in whole or in part to third parties without the operator's prior written consent.
3.4. All costs, fees and charges associated with the establishment of a specific contract are borne exclusively by the contractual partners.
3.5. The fee must be transferred to the account to be announced by the contractual partners within 30 days of the complete, defect-free provision of the service, acceptance by the operator and the issuing of an auditable final invoice with a 3% discount; Otherwise, the fee must be transferred within 50 days from the same date.
3.6. In the event that the operator corrects the final invoice, the corrected final invoice will be sent to the contractual partner. The contractual partner must raise justified objections to the invoice correction within four weeks of receipt of payment of the corrected invoice amount, otherwise it is deemed to have been accepted.
3.7. Contractual partners have no right of retention of any kind.
§ 4. Purchase of goods
4.1. The points in this paragraph apply, without prejudice to the remaining general terms and conditions, only to contracts with which the operator purchases goods, as well as to related contracts, such as contracts for the delivery of work. However, the meaning and purpose of the points in this paragraph also applies mutatis mutandis to all other contracts on which the General Terms and Conditions are based.
4.2. According to § 933 paragraph 1 last sentence ABGB, the contracting parties agree that the warranty period is three years.
4.3. The period of § 924 second sentence ABGB is twelve months.
4.4. The operator's obligation to give notice of complaints in accordance with Section 377 UGB is excluded.
4.5. Contractual partners undertake to provide all additional services, such as, in particular, delivery of the goods, provision of any accessories (in particular accessories for energy supply, operating instructions, etc.), instruction of the operator's employees, assembly or construction, etc. without Entitled to additional pay.
4.6. The transfer of ownership and the assumption of risk to the operator's profits upon complete, defect-free delivery and acceptance by the operator.
4.7. A retention of title by the contractual partner or an extended retention of title by one of the contractual partner's sub-suppliers is expressly excluded.
4.8. The costs and risk for transport until handover to the operator are borne by the contractual partner in any case.
4.9. Contractual partners must point out any special properties of the goods explicitly and in writing before delivery; For example, contractual partners must specifically name risks and provide storage and operating instructions. The operator must have the opportunity and sufficient time to take appropriate measures before delivery.
§ 5. Services
5.1. The points in this paragraph apply, without prejudice to the other points in these general terms and conditions, only to contracts under which the operator uses the services of contractual partners. However, the meaning and purpose of the points in this paragraph also apply mutatis mutandis to all other contracts on which the General Terms and Conditions are based.
5.2. Contractual partners undertake to provide their services with the care of a specialist in accordance with Section 1299 ABGB.
5.3. Contractual partners undertake to take precautions to ensure that agreed deadlines can be adhered to even in the event of unforeseen events.
5.4. According to § 933 paragraph 1 last sentence ABGB, the contracting parties agree that the warranty period is three years.
5.5. The period of § 924 second sentence ABGB is twelve months.
5.6. The operator's obligation to give notice of complaints in accordance with Section 377 UGB is excluded.
5.7. Contractual partners undertake to provide both analogue and digital data, whatever type they have to make available to the operator.
5.8. Contractual partners undertake to take the necessary measures to ensure that the data protection law is complied with.
5.9. The contractual partner is obliged to warn the operator immediately as soon as unforeseen events occur or (other) risks become apparent that are related to the contract between the operator and the contractual partner. This warning must be made explicitly and, if necessary, must also be given to third parties who have an interest in the contract between the operator and the contractual partner, in particular third parties for whose benefit there are protective effects and other contractual partners.
5.10. If operator provides contractual partner with plans, sketches, etc. for the provision of the service, contractual partners must check such documents for their suitability and inform the operator immediately, explicitly and in writing in the event of (partial) unsuitability point out these deficiencies. If this does not happen, contractual partners lose all claims that could result from inadequate advance performance by the operator.
5.11. If the operator and/or the operator's employees make it difficult for the service to be provided, the contractual partners must inform the operator explicitly and in writing, otherwise the contractual partner will lose all claims that could be attributed to this behavior.
§ 6. Transfer
6.1. The points in this paragraph apply, without prejudice to the other points in these general terms and conditions, to contracts under which the operator temporarily makes rooms belonging to DIE GARTEN TULLN available to third parties for the purpose of holding events.
6.2. The operator assumes no liability whatsoever for a specific condition or suitability of the area or premises provided.
6.3. The operator assumes no liability whatsoever for the existing item.
6.4. Contractual partners must take exhibitors at DIE GARTEN TULLN, operators of catering establishments at DIE GARTEN TULLN, operators of business premises at GARTEN TULLN, visitors to DIE GARTEN TULLN and the like into account. You must therefore take particular note of the opening times of DIE GARTEN TULLN, which are currently from Monday to Sunday from 9 a.m. to 6 p.m.
6.5. Contractual partners must take measures to ensure that any odor, noise or other pollution nuisances do not occur or are at least kept to a minimum.
6.6. Music performances of whatever kind, as well as light performances (lasers, etc.), fireworks, etc., require not only the necessary administrative approvals, which the contractual partner is solely responsible for obtaining in any case, but also the express prior and written ones Approval by the operator.
6.7. The creation of waste should be avoided as much as possible. Any waste generated should be removed as soon as possible.
6.8. Lighting fires is prohibited.
6.9. Consumption-dependent operating costs, such as costs for water, electricity and the like, must be paid separately by the contractual partner.
6.10. Contractual partners must ensure that they obtain all necessary permits required for the event.
6.11. A limitation in time, space, weather, etc. of the usability of the provided area or premises due to bad weather, force majeure or the like does not give rise to a claim for a reduction in payment or other claims by the contractual partners.
6.12. Contractual partners must treat the item provided with care. Contractual partners are fully liable for any damage to the inventory item.
6.13. The payment for the transfer must be paid by the contractual partner even if the item provided is not used or is not used for the agreed or intended purpose. It is irrelevant whether this non-use is due to causes that lie within the sphere of the operator or the contractual partner.
6.14. The provided area or room must be returned cleaned, otherwise the contractual partners will have to pay for the cleaning costs.
6.15. Changes to the provided area or premises are only permitted with the express written consent of the operator; In any case, the area or room provided must be returned in its original condition.
§ 7. Liability
7.1. Contractual partners are liable without restriction for all damages that occur in connection with the fulfillment of the contract; This also includes damages in connection with obligations of protection and care, preparations for contract fulfillment, as well as in connection with subsequent obligations.
7.2. Contractual partners are liable for intent and any form of negligence.
7.3. Contractual partners are liable for employees, subcontractors and other third parties that they use, as well as for their own conduct.
7.4. Contractual partners undertake to immediately assert damages for which the operator could be liable, otherwise loss of claim.
§ 8. Penalties
8.1. In the event of delayed provision of services, regardless of whether it is a delivery or service order, contractual partners undertake to pay a no-fault penalty of 0.5% (zero point five percent) of the respective net order value for each calendar day of the delay to pay. The amount of the penalty is not limited.
8.2. If the contractual partner does not return the area or premises provided at the agreed time in the event of a transfer, the contractual partner undertakes to pay the operator 150% (one hundred and fifty percent) of the originally agreed total fee for each calendar day begun to pay for the transfer. The penalty payment begins on the calendar day on which the provision should have been made and ends on the calendar day following the provision.
8.3. The penalty payments according to §§ 8.1. and 8.2. are not subject to the judicial right of moderation.
As of May 17, 2011
8.4. The operator remains at liberty to pay the penalty in accordance with §§ 8.1. and 8.2. to claim damages.
§ 9. Any
9.1. Any departure from these General Terms and Conditions must be in writing; this also applies in particular to departures from the written form requirement.
9.2. In the event that one or more provisions of these General Terms and Conditions are void and/or unenforceable, the void and/or unenforceable provision will be replaced by an effective and enforceable provision that comes closest to the economic intent of the contracting parties. If these General Terms and Conditions contain gaps in the regulations, the provision that the operator would have chosen based on its economic content is deemed to have been agreed if the gap had been identified in time.
9.3. The regulation of § 9.2. applies analogously to contracts concluded on the basis of these General Terms and Conditions.
9.4. These general terms and conditions as well as all contracts between the operator and the contractual partner are subject exclusively to Austrian law, excluding all conflict of law rules.
9.5. For all disputes arising from these general terms and conditions and contracts on which they are based, the exclusive jurisdiction of the court with subject matter jurisdiction for Tulln is agreed.
9.6. Deliveries to contractual partners are deemed to have been made to the address last explicitly stated in writing by the contractual partner.
