Impressum
Hofmann Experience GmbH
Kirchgasse 7/2
6370 Kitzbühel Austria
Email: team@hofmannexperience.com
CEO: Sophie Hofmann
VAT Identification Number: ATU75067918
The European Commission provides a platform for online dispute resolution (OS), which can be found here https://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Liability Notice: Despite careful content control, we assume no liability for the content of external links. The content of the linked pages is the sole responsibility of their operators.
Disclaimer The author assumes no responsibility for the timeliness, completeness, correctness, and/or quality of the information provided. Liability claims against the author, which refer to material or non-material damages caused by the use or non-use of the presented information or by the use of incorrect and incomplete information, are generally excluded, provided that there is no evidence of intentional or gross negligence on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without separate announcement, or to cease publication temporarily or permanently.
References and Links For direct or indirect references to external websites ("links") which lie outside the area of responsibility of the author, liability would only arise if the author had knowledge of the content and it would be technically possible and reasonable for him to prevent use in case of illegal content. The author explicitly states that at the time of linking, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content, or authorship of the linked pages. The author therefore expressly distances himself from all content of all linked pages that were changed after the link was set. For illegal, incorrect, or incomplete content, and especially for damages resulting from the use or non-use of such presented information, the provider of the page referred to is solely liable, not the one who has linked to the respective publication.
Data Protection To the extent that there is the possibility to enter personal or business data within the Internet offer, the disclosure of these data by the user is expressly voluntary.
Google Analytics and Remarketing This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services related to website activity and internet usage. Third parties, including Google, place advertisements on websites on the Internet. Third parties, including Google, use stored cookies to place ads based on a user's previous visits to our website. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. You can refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. More information on Google's privacy policy can be found here.
Gender Disclaimer – Principle of Equality To ensure the easy readability of the content and documents on this website, gender-specific formulations are avoided. All personal designations used on the website and in all integrated documents generally apply to all genders (m/f/d) in the sense of equal treatment.
Data Protection Declaration The responsible party for data processing is: Hofmann Experience GmbH Kirchgasse 7/2 6370 Kitzbühel Austria
We appreciate your interest in our website. Protecting your privacy is very important to us. Below we inform you in detail about the handling of your data. The processing of your data is based on the GDPR and in accordance with § 96 paragraph 3 TKG.
ACCESS DATA AND HOSTING You can visit our websites without providing any personal information. Each time a website is called up, the web server automatically stores only a so-called server log file, which contains, for example, the name of the requested file, your IP address, date and time of access, amount of data transferred and the requesting provider (access data) and documents the access.
These access data are evaluated exclusively for the purpose of ensuring the smooth operation of the site and improving our offer. This serves to protect our predominantly legitimate interests in the correct presentation of our offer in the context of a balancing of interests according to Art. 6 Para. 1 S. 1 lit. f GDPR. All access data are deleted no later than seven days after the end of your visit to the site.
HOSTING The services for hosting and displaying the website are partially provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in the designated forms on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.
Our service providers are located and/or use servers in the following countries for which the European Commission has determined an adequate level of data protection by decision: Canada
Our service providers are located and/or use servers in the USA and in other countries outside the EU and EEA. For these countries, there is no adequacy decision by the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.
DATA PROCESSING FOR CONTACTING AND CUSTOMER COMMUNICATION We collect personal data when you voluntarily provide it to us when contacting us (e.g., via contact form or email). Mandatory fields are marked as such, as in these cases we require the data for processing your contact and you cannot send the contact without providing it. Which data is collected can be seen from the respective input forms. We use the data provided by you to process your inquiries according to Art. 6 Para. 1 S. 1 lit. b GDPR.
After complete processing of your customer inquiry, your data will be restricted for further processing and deleted after the expiry of the tax and commercial retention periods according to Art. 6 Para. 1 S. 1 lit. c GDPR, unless you have expressly consented to further use of your data according to Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use, which is legally permitted and about which we inform you in this statement.
LIVE CHAT TOOL WHATSAPP For the purpose of customer communication, we use the live chat tool of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("WhatsApp"). This serves to protect our predominantly legitimate interests in an effective and improved customer communication according to Art. 6 Para. 1 S. 1 lit. f GDPR. WhatsApp acts on our behalf. The phone numbers stored on our mobile device are automatically processed on servers of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA. Only phone numbers of customers who have previously contacted us via WhatsApp and have therefore already accepted WhatsApp's terms of use and privacy policy are stored. There is no adequacy decision by the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission.
ADVERTISING BY EMAIL, POST 3.1 EMAIL NEWSLETTER WITH REGISTRATION AND NEWSLETTER TRACKING
If you subscribe to our newsletter, we use the data required for this purpose or separately provided by you to send you our email newsletter regularly based on your consent according to Art. 6 Para. 1 S. 1 lit. a GDPR.
Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided in the newsletter. After unsubscribing, we delete your email address from the recipient list, unless you have expressly consented to further use of your data according to Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use, which is legally permitted and about which we inform you in this statement.
We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the sent emails also include single-pixel technologies (e.g., so-called web beacons, tracking pixels) stored on our website. For the evaluations, we link the following "newsletter data"
the page from which the page was requested (so-called referrer URL), the date and time of the call, the description of the type of web browser used, the IP address of the requesting computer, the email address, the date and time of registration and confirmation and the single-pixel technologies with your email address or your IP address and possibly an individual ID. Links contained in the newsletter can also contain this ID. If you do not wish to have newsletter tracking, you can unsubscribe from the newsletter at any time as described above.
The information is stored as long as you have subscribed to the newsletter.
3.2 NEWSLETTER DISPATCH The newsletter and the above-described newsletter tracking may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.
The newsletter may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.
3.3 MAIL ADVERTISING AND YOUR RIGHT TO OBJECT
Furthermore, we reserve the right to use your first and last name and your postal address for our own advertising purposes, e.g., to send interesting offers and information about our products by letter post, unless you are registered in the Robinson list according to § 151 paragraph 9 GewO. This serves to protect our predominantly legitimate interests in promotional addressing of our customers according to Art. 6 Para. 1 S. 1 lit. f GDPR.
The advertising mailings are provided within the scope of processing on our behalf by a service provider, to whom we pass on your data for this purpose.
COOKIES AND OTHER TECHNOLOGIES
4.1 GENERAL INFORMATION
To make the visit to our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to protect our predominantly legitimate interests in an optimized presentation of our offer according to Art. 6 Para. 1 S. 1 lit. f GDPR and is carried out in accordance with the legal provisions of § 96 paragraph 3 TKG. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e., after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser on your next visit (persistent cookies). The duration of storage can be found in the overview of the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and individually decide about their acceptance or exclude the acceptance of cookies for specific cases or in general.
(detailed instructions for the setting options of your browser can be found below). If you do not accept cookies, the functionality of our website may be limited. Below you will find information about the cookies we use and the setting options of your browser.
How can I configure the cookie settings of my browser?
Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find them for the respective browsers under the following links:
Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™
What types of cookies are used?
Necessary Cookies These cookies are necessary to operate our website. This includes, for example, cookies that enable you to log in to the customer area or put something in the shopping cart.
Functional – Cookies These cookies are used for certain functionalities of our website, e.g., to suggest a better navigation flow on our website, to show you personalized and relevant information (e.g., "interest-based advertisements")
Analytical/Performance – Cookies These cookies allow us to collect anonymized data about the usage behavior of our visitors. These are then evaluated by us, for example, to improve the functionality of the website and to show you interesting offers.
Targeting – Cookies These cookies record your visit to our website, the pages you have visited, and the links you have followed. We will use this information to tailor our website and the advertising you see to your interests.
Third-Party Cookies These cookies from some of our advertising partners help make the internet offering and our website more interesting for you. Therefore, when you visit our website, cookies from partner companies are also stored on your hard drive. These are temporary cookies that automatically delete after a set time. Cookies from partner companies are usually deleted after a few days or up to 24 months, in some cases even after several years. The cookies of our partner companies do not contain any personal data. Only pseudonymous data is collected under a user ID. These pseudonymous data are never merged with your personal data.
We also use technologies to fulfill legal obligations we are subject to (e.g., to prove consent to the processing of your personal data) and for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.
We may also use technologies not individually listed in this privacy policy. Detailed information about these technologies, including the respective legal basis for data processing, can be found on the Usercentrics platform. You can access it by clicking on the fingerprint button in the lower right or left corner of the page. If you have consented to the use of technologies in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy. Alternatively, you can also click on the fingerprint button in the lower right or left corner of the page. If you do not accept cookies, the functionality of our website may be limited.
4.2 Use of Usercentrics Consent Management Platform for Managing Consents We use the Usercentrics Consent Management Platform ("Usercentrics") on our website to inform you about the cookies and other technologies we use on our website, as well as to obtain, manage, and document your legally required consent to the processing of your personal data by these technologies. This is necessary according to Art. 6 Para. 1 S. 1 lit. c GDPR to fulfill our legal obligation under Art. 7 Para. 1 GDPR to be able to demonstrate your consent to the processing of your personal data. Usercentrics is an offer of Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich, Germany, which processes your data on our behalf. When visiting our website, the web server of Usercentrics stores a so-called server log file, which also contains your anonymized IP address, date and time of the visit, device and browser information, and information about your consent behavior. Your data will be deleted after three years, unless you have explicitly consented to further use of your data according to Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this statement.
Use of Cookies and Other Technologies for Web Analysis and Advertising Purposes
As far as you have given your consent according to Art. 6 Para. 1 S. 1 lit. a GDPR, we use the following cookies and other technologies from third-party providers on our website. Once the purpose has been fulfilled and we have stopped using the respective technology, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and Other Technologies." Further information, including the basis of our cooperation with individual providers, can be found with the respective technologies. If you have any questions about the providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.
5.1 Use of Adobe Services for Web Analysis and Advertising Purposes We use the technologies of Adobe Systems, Software Ireland Limited, Ireland, 4–6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland ("Adobe"). The information automatically collected by Adobe technologies about your use of our website is usually transferred to a server of Adobe, Inc., 345 Park Avenue San Jose, CA 95110-2704, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected through Adobe technologies, it will be shortened before being stored on Adobe's servers by activating the appropriate settings, or completely replaced with a generic IP address.
ADOBE FONTS
For the uniform presentation of content on our website, data (IP address, time of visit, device, and browser information) are collected through the script code "Adobe Fonts" by Adobe, Inc., 345 Park Avenue San Jose, CA 95110-2704, USA ("Adobe"), transmitted to Adobe, and then processed by Adobe. We have no control over this subsequent data processing. The data processing is based on an agreement between jointly responsible parties according to Art. 26 GDPR.
5.2 Use of Google Services for Web Analysis and Advertising Purposes We use the technologies described below from Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. If your IP address is collected through Google technologies, it will be shortened before being stored on Google's servers by activating IP anonymization. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. As far as individual technologies are concerned, data processing is based on an agreement between jointly responsible parties according to Art. 26 GDPR. Further information on data processing by Google can be found in Google's privacy policy.
GOOGLE ANALYTICS For website analysis purposes, data (IP address, time of visit, device and browser information, and information about your use of our website) are automatically collected and stored by Google Analytics, from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. Your IP address is generally not merged with other Google data. Data processing is based on an agreement on order processing by Google.
GOOGLE ADS For advertising purposes in Google search results and on third-party websites, the so-called Google Remarketing Cookie is set when you visit our website, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information, and information about your use of our website) and using a pseudonymous CookieID based on the pages you visited. Further data processing only takes place if you have activated the "personalized advertising" setting in your Google account. If you are logged in to Google during your visit to our website, Google will use your data in conjunction with Google Analytics data to create and define audience lists for cross-device remarketing.
GOOGLE FONTS For the uniform presentation of content on our website, data (IP address, time of visit, device, and browser information) are collected through the script code "Google Fonts," transmitted to Google, and then processed by Google. We have no control over this subsequent data processing.
YOUTUBE VIDEO PLUGIN For the integration of third-party content, data (IP address, time of visit, device, and browser information) are collected via the YouTube Video Plugin in the enhanced privacy mode used by us, transmitted to Google, and then processed by Google, only when you play a video.
5.3 Use of Facebook Services for Web Analysis and Advertising Purposes Use of Facebook Pixel
We use the Facebook Pixel within the technologies described below from Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Facebook (by Meta)" or "Meta Platforms Ireland"). With the Facebook Pixel, data (IP address, time of visit, device, and browser information, and information about your use of our website based on events predefined by us, such as visiting a website or newsletter registration) are automatically collected and stored, from which usage profiles are created using pseudonyms. A cookie is automatically set by the Facebook Pixel when you visit our website, which automatically enables the recognition of your browser when visiting other websites using a pseudonymous CookieID. Facebook (by Meta) will merge this information with other data from your Facebook account and use it to compile reports on website activities and provide other services related to website usage, especially personalized and group-based advertising.
The information automatically collected by Facebook (by Meta) technologies about your use of our website is usually transferred to a server of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA, and stored there. There is no adequacy decision by the European Commission for the USA. If the data transfer to the USA falls within our responsibility, our cooperation is based on standard data protection clauses of the European Commission. Further information on data processing by Facebook can be found in the privacy policy of Facebook (by Meta).
FACEBOOK ADS (AD MANAGER) We advertise this website on Facebook (by Meta) and other platforms via Facebook Ads. We determine the parameters of the respective advertising campaign. Facebook (by Meta) is responsible for the exact implementation, especially the decision on the placement of ads with individual users. As far as individual technologies are concerned, data processing is based on an agreement between jointly responsible parties according to Art. 26 GDPR. The joint responsibility is limited to the collection of data and its transmission to Meta Platforms Ireland. The subsequent data processing by Meta Platforms Ireland is not covered by this.
5.4 Other Providers of Web Analysis and Online Marketing Services Use of Hotjar for Web Analysis: Collects data using Hotjar Ltd. technologies for website analysis. Use of Vimeo Video Plugin: Incorporates third-party content through Vimeo LLC's video plugin.
5.5 Information on Third-Country Transfer (Data Transfer to Third Countries) Discusses the use of technologies by service providers whose servers may be located in third countries outside the EU/EEA, including the USA. Addresses the implications of the EU Court of Justice's decision on the Privacy Shield agreement and the use of standard contractual clauses and binding corporate rules for data protection.
6. Social Media 6.1 Social Plugins from Facebook (by Meta), Instagram (by Meta): Explains the use of social media buttons on their website.
6.2 Online Presence on Facebook (by Meta), Instagram (by Meta), YouTube: Details data collection for marketing and research purposes upon user consent.
7. Contact Options and Your Rights
7.1 Your Rights: Lists the rights of individuals under GDPR, including access to data, correction, deletion, and objection to processing.
7.2 Contact Options: Provides information on how to contact for queries related to personal data.
HOFMANN EXPERIENCE’s GENERAL TERMS AND CONDITIONS
As of: September 2024
1. General Provisions
1.1 The present General Terms and Conditions (“GTC” for short) apply to all events hosted, organized and/or operated and/or held and/or otherwise provided by Hofmann Experience GmbH, Kirchgasse 7/2, A-6370 Kitzbühel, Austria, VAT ID no. ATU75067918, company register no. FN 525769s (“Hx” for short), whereby any (individual) contracts concluded with the customer(s) ("Customer" for short) in this regard shall take precedence over the present GTC to the extent that the content or individual contents of such contracts conflict with the present GTC. The present GTC also apply irrespectively of whether Hx hosts, organizes, operates or holds an event in Hx’ own name, for example, when Hx is communicated as the event host to the public or any other target audience (“Hx Official Host Event” for short), or whether Hx hosts, organizes and/or operates an event for the Customer in Customer’s name, for example, when Customer is communicated as the event host to the public or any other target audience (“Customer Official Host Event” for short). In the following, Hx and Customer are also individually referred to as “Party” and jointly as “Parties”.
1.2 Any general terms and conditions as well as any other contractual terms, conditions and provisions of the Customer (“Customer Terms” for short) are hereby expressly and completely excluded. This shall also apply in particular if (i) a Customer has informed Hx of any Customer Terms, (ii) the Customer has provided Hx with Customer Terms in any way whatsoever, (iii) Hx performs or fulfils any services or obligations under the individual contract in express or implied knowledge of Customer Terms, and/or (iv) Customer Terms appear in order confirmations, delivery notes, invoices or other communications and have remained uncontested by Hx.
1.3 Hx is and remains entitled to amend, modify and/or otherwise change the present GTC at any time, and the correspondingly amended, modified and/or otherwise changed GTC shall apply to future contracts in the GTC version that is then valid at that time when the individual contract is concluded.
2. Definitions
2.1 "Trade and business secrets": Information that fulfils all of the following criteria: (a) it is secret in the sense that it is not generally known or readily accessible, either in its entirety or in the precise arrangement and composition of its components, to persons within the circles that normally deal with this type of information; (b) it is of commercial or scientific value because it is secret; (c) it is subject to reasonable measures of secrecy, appropriate in the circumstances, by the person who has lawful control of the information. value because it is secret; (c) it is subject to reasonable measures of secrecy appropriate in the circumstances by the person having lawful control of the information; and (d) it is labelled as such by the providing party, such as "secret" or the like.
2.2 "Third parties": all legal or natural persons other than the Parties and any individuals that are directly employed at one of the Parties.
2.3 "Performance target": Services to be provided by Hx on the basis of the contract or as described in the contract.
2.4 "Written form" or "in writing": handwritten signature form, including emails signed with qualified electronic signature (but excluding emails without qualified electronic signature), whereby the legal effect of communication signed by hand is determined by actual receipt and that of digitally signed emails by technical retrievability by the recipient.
2.5 "Subcontractor": all contractors (in the broadest sense) used by Hx or a subcontractor of Hx to perform Hx’ contractual obligations, regardless of whether they are suppliers, contractors or service providers. The term therefore particularly includes all contractors in the "subcontractor chain" of whatever nature.
2.6 "Contract": the individual contract concluded between Hx and the Customer, including all enclosures and documents and the like expressly referred to in the Contract.
2.7 "Affiliate(s)": those companies which, in accordance with the provisions on the full consolidation of the annual financial statements of affiliated companies (full consolidation), are to be included in the consolidated financial statements of a parent company pursuant to Section 244 of the Austrian Businesses Act (Unternehmensgesetzbuch, “UGB”), which, as the ultimate parent company, is required to prepare the most extensive consolidated financial statements pursuant to Sections 244 to 267 UGB, even if these are not prepared. This applies mutatis mutandis if the ultimate parent company is domiciled abroad. Subsidiaries that are not included in accordance with Section 249 UGB are also affiliated companies.
3. Conclusion of the Contract
3.1 All of Hx‘ offers including all event descriptions are non-binding, subject to change in Hx’ sole discretion and shall only be qualified as offers to Customer for expressing Customer’s interest in entering into a corresponding Contract with Hx (“Order” for short). Whilst Hx may confirm receipt of any Order by any means of communication, such as email, such confirmation does not lead to the conclusion of any contract with Hx whatsoever.
3.2 The Contract is concluded once (i) Hx accepts the Order in writing or (ii) a written Contract signed by both Parties is entered into or (iii) when Hx irrevocably receives a retainer in full as requested by Hx from the Customer or (vi) Hx indicates to Customer Hx’ acceptance of the Order by taking action on the basis of the Order, such as preparatory actions.
4. General Provisions on Contracts
4.1 In each and any case, each Contract is to be qualified as a service contract and interpreted exclusively according to the rules of service contracts (and NOT to be qualified as work contract (Austrian legal term: Werkvertrag) and/or to be interpreted according to the rules of work contracts). The statutory provisions of the applicable law governing service contracts (but NOT work contracts) are subsidiary to the provisions of the present GTC and the Contract and may be applied mutatis mutandis or analogously.
4.2 The remuneration agreed upon between the Parties in the Contract only covers Hx services that have been explicitly agreed upon in the Contract. Any and all additional services performed by Hx or requested by the Customer are subject to Hx’ additional remuneration.
4.3 In any case, Hx’ fee and/or cost estimates are non-binding. In case it is, however, reasonably foreseeable for Hx that Hx’ fee and/or cost estimate will be exceeded by more than 20%, Hx will indicate this to Customer without culpable delay. In case the Customer does not object against such higher fees/costs within three working days in writing, the Customer shall have accepted the higher fees/costs, provided that Hx advised the Customer of that consequence together with Hx’ indication towards the Customer of the excess of 20% or more.
4.4 Unless the event hosting venue’s terms and conditions provide for more strict cancellation rules, Customer may cancel any contract at any time under the following conditions:
(i) if Customer cancels the contract within 4 weeks prior to the beginning of any event (including Hx Official Host Events and Customer Official Host Events), Customer must pay 100% of the remuneration agreed upon between the Parties in the Contract, and any third party costs that Hx already has incurred, such as Subcontractor costs, remuneration and other monies owed by Hx to any Subcontractor, due to any Subcontractor or already paid to Subcontractor by Hx;
(ii) if Customer cancels the contract within 8 weeks prior to the beginning of any event (including Hx Official Host Events and Customer Official Host Events), Customer must pay 75% of the remuneration agreed upon between the Parties in the Contract, and any third party costs that Hx already has incurred, such as Subcontractor costs, remuneration and other monies owed by Hx to any Subcontractor, due to any Subcontractor or already paid to Subcontractor by Hx;
(iii) if Customer cancels the contract within 12 weeks prior to the beginning of any event (including Hx Official Host Events and Customer Official Host Events), Customer must pay 50% of the remuneration agreed upon between the Parties in the Contract, and any third party costs that Hx already has incurred, such as Subcontractor costs, remuneration and other monies owed by Hx to any Subcontractor, due to any Subcontractor or already paid to Subcontractor by Hx.
For the avoidance of doubt: if the event hosting venue’s terms and conditions provide for more strict cancellation rules, such as shorter notice periods, no such periods at all and/or higher payment obligations, then the corresponding event hosting venue’s terms and conditions fully replace the above cancellation rules laid down in item 4.4 (i) to 4.4 (iii).
4.2 Hx Official Host Events
4.2.1 When organizing and/or operating and/or holding and/or otherwise providing Hx Official Host Events, Hx acts as the legal organizer of any Hx Official Host Events and thus also acts as the organizer vis-à-vis third parties, such as contractors, and corresponding claims, rights and obligations, solely lie with Hx.
4.2.2 Hx’s performance target is described in Hx’ offer relating to Hx Offical Host Events, unless the Contract explicitly deviates from Hx’ offer.
4.3 Customer Official Host Events
4.3.1 When organizing and/or operating and/or holding and/or otherwise providing Customer Official Host Events, the Customer accepts its role of the legal organizer of any Customer Official Host Events and thus also acts as the organizer vis-à-vis third parties, such as contractors. For Customer Official Host Events, Hx therefore only acts as Customer’s intermediary/agent vis-à-vis third parties, and corresponding claims, rights and obligations, solely lie with the Customer.
4.3.2 Hx’s performance target is described in the Contract. With a view to third parties, Hx may acquire and/or procure third-party services and goods in the name and on behalf of the Customer, and Hx may carry out the project management, organization and coordination within the scope of the Contract. This applies, for example, to the conclusion of contracts regarding the provision of foods and beverages (catering), the conclusion of contracts with individuals that are specifically featured at Customer Official Host Events.
4.3.3 In any case, Customer is solely responsible for obtaining and maintaining a sufficient and suitable insurance policy covering all damages (including bodily harm and death) that may arise out of, in connection to, in relation to or otherwise from any and all Customer Official Host Events.
5. Change Requests
5.1 The customer and Hx may each propose modifications, additions and other changes (jointly “Change” for short) to the performance target to the other Party at any time.
5.2 The Party proposing the Change shall send a corresponding Change request (“Change Request” for short) to the other Party in writing, whereas any such Change Request must contain a sufficiently detailed and comprehensive description of the proposed change. Hx’ Change Requests shall also contain a sufficiently detailed and comprehensive description of any additional costs and/or fees and an estimate of the additional time required for implementing the proposed Change.
5.3 In case of Hx’ Change Requests, the Customer shall respond to Hx in writing whether the Customer accepts Hx’ Change Request without culpable delay.
5.4 In case of Customer’s Change Requests, Hx shall inform the Customer without culpable delay in writing whether the implementation of the proposed Change is expected to have an impact on any costs and/or fees and/or whether additional time is required for implementing the Change. Hx’ corresponding response shall also, if applicable, contain a sufficiently detailed and comprehensive description of any additional costs and/or fees and an estimate of the additional time required for implementing the proposed Change. The Customer shall subsequently respond to Hx in writing whether the Customer accepts Hx’ the conditions set out in Hx’ response without culpable delay.
5.5 Until the Parties agreed upon the implementation of a Change Request in writing, Hx shall continue with the performance target without any modification, addition and other change.
6. Intellectual Property Rights
6.1 With regard to Hx Official Host Events and Hx’ Change Requests (irrespectively of whether Hx’ Change Requests relate to Hx Official Host Events or Customer Official Host Events), all rights, interests and titles, including intellectual property rights such as copyright, in any material and/or know-how relating to Hx Official Host Events and/or Hx’ Change Requests exclusively vest in Hx to the extent such materials and/or know-how are subject to protection under applicable law. If any rights, interests and titles, including intellectual property rights such as copyright, vest in the Customer due to one or more Change Requests of Customer, then Customer grants Hx a non-exclusive world-wide, transferable, sublicensable, unrestricted, perpetual license free from any royalty and/or other remuneration to use and exploit any such rights, interests and titles, including intellectual property rights such as copyright, in Hx’ sole discretion and by all means currently known or becoming known in the future.
6.2 With regard to Customer Official Host Events, but except for Changes implemented based on Hx’ Change Requests (see item 6.1, above), all rights, interests and titles, including intellectual property rights such as copyright, in any material and/or know-how relating to Customer Official Host Events exclusively vest in the Customer to the extent such materials and/or know-how are subject to protection under applicable law, and Customer grants Hx a non-exclusive world-wide, transferable, sublicensable, unrestricted, perpetual license free from any royalty and/or other remuneration to use and exploit any such rights, interests and titles, including intellectual property rights such as copyright, in Hx’ sole discretion and by all means currently known or becoming known in the future.
6.3 In any case, Hx is entitled to prominently refer to Hx as organizer and/or operator and/or holder and/or otherwise provider of any event, including Customer Official Host Events, in any corresponding material, such as in invitations, advertising and other material relating to an event, free of any charge or other remuneration to the Customer.
7. Confidentiality
7.1 The Parties undertake to keep confidential all trade and business secrets they received from the other Party and to use them only for the purpose of co-operation under the Contract and neither to exploit them or allow them to be exploited in any way for their own use, nor to make them accessible to third parties without the prior written consent of the other Party.
7.2 The Parties may disclose trade and business secrets of the other Party to the employees of their companies and Affiliates as well as to subcontractors, but only to the extent that they absolutely need the information to provide the performance target. The parties shall ensure that these persons, to whom such trade and business secrets may become accessible, are obliged in writing to maintain confidentiality and non-utilization in a manner at least corresponding to the contract, also for the time after their departure from the respective company or after termination of the subcontractor relationship.
7.3 The above confidentiality and non-utilization obligations do not apply to pieces of information that demonstrably
(i) were already known to the receiving Party prior to their transmission;
(ii) were already in the public domain at the time of their transmission;
(iii) have become part of the public domain after their transmission without the receiving Party being responsible for this;
(iv) have been made available to the Receiving party by a third party after their transmission in a legally permissible manner and without restriction with regard to confidentiality or use;
(v) been independently developed by the receiving Party; or
(vi) must be disclosed due to statutory provisions, court decisions or official orders – in this case, the Party subject to the disclosure obligation must inform the other Party of the disclosure without delay in writing, to the extent the Party subject to the disclosure obligation is legally permitted to do so.
7.4 The above confidentiality and non-utilization provisions shall remain in force for a period of five years after termination of the contract as long as the information is not publicly known.
7. Remuneration, Invoicing and Offset
7.1 The remuneration agreed in the Contract shall only cover all expenses and costs for the complete fulfilment of the performance target. Any ancillary services shall not be compensated for by such remuneration and may thus be charged by Hx accordingly. This particularly applies to ancillary costs and third-party license-costs.
7.2 Hx’ invoices shall be fully paid within thirty days of receipt.
7.3 There is no right to any discount deduction and the default annual interest rate is 4%.
7.4 The Customer’s right to offset is completely excluded to the extent permitted by law.
8. Warranty and Liability
8.1 The Customer shall be subject to the statutory duties to inspect and give notice of defects as well as the duties to inspect and give notice of defects, as set out in particular in Sections 377, 378 and 381 of the Austrian Businesses Act (Unternehmensgesetzbuch, “UGB”). The Customer is therefore obliged to give notice of defects in order to safeguard Customer’s potential warranty claims.
8.2 Hx’ liability for slight negligence is fully excluded in all cases with the exception of Hx’ liability for personal injury.
9. Force Majeure and Impediment
9.1 An event of force majeure shall be deemed to exist in particular in the following events:
(i) a military conflict that takes place on the territory of the Republic of Austria or directly affects this territory;
(ii) revolution, insurrection, acts of terrorism and/or acts of sabotage by third parties;
(iii) epidemics and/or pandemics;
(iv) strikes and/or lockouts that directly affect Hx;
(v) floods, earthquakes, fire and/or other natural disasters; and/or
(vi) comparable events.
9.2 Neither Party shall be liable for non-performance or delayed performance of their respective obligations if (i) such non-performance or delayed performance is caused by a force majeure event and the event actually delays or interrupts performance, if (ii) the force majeure event is not attributable to the affected Party and its consequences could not have been avoided by the affected Party even with the exercise of reasonable diligence, if (iii) the affected Party promptly notifies the other Party in writing of the nature and extent of the force majeure event that caused its failure or delay in performance, and (iv) the affected Party has done everything in its power to minimize the effects of the force majeure event in every reasonable way and to continue the performance of its obligations as soon as possible.
9.3 If the force majeure event persists for more than three months, the Contract may be terminated by either Party giving fourteen (14) days' notice. In the event of such termination, the Contract shall terminate on the date on which the termination takes effect, without prejudice to any rights which are expressly unaffected by the termination of the Contract.
9.4 An impediment to the performance target shall be deemed to exist if the Customer (or a third party originating from the Customer’s sphere) is in default with acts of co-operation or services to which (i) the Customer (or the third party originating from the Customer’s sphere) is obliged and which (ii) are a prerequisite for the further performance of Hx’ contractual obligations. If it is objectively impossible for Hx to fulfil its contractual obligations in part or in full due to an impediment, Hx shall be released from the fulfilment of those obligations directly affected by the impediment to this extent for as long as the impediment persists.
9.5 In case of impediment, Hx shall endeavor to enable a full resumption of Hx’ contractual performance. Hx shall submit an initial analysis of the impediment and the measures likely to be necessary within a reasonable period of time and coordinate with the Customer. In the event of imminent danger, if a decision by the Customer cannot be obtained at short notice, Hx may immediately take appropriate emergency measures necessary to avert the impediment and minimize damage. Any additional services provided by Hx in this regard shall be remunerated separately in an appropriate manner or the Customer shall pay appropriate compensation for costs and Hx shall endeavor to inform the Customer in advance of the corresponding separate remuneration or the corresponding costs to be reimbursed, without, however, being obliged to do so.
10. Abschließende Bestimmungen
10.1 The non-exercise and/or non-assertion of rights and claims in a particular case does not prevent the Party from exercising/asserting these rights in other cases; any (even repeated) non-exercise is not to be regarded as a waiver in any case.
10.2 Any rights and obligations arising from the Contract may not be transferred to third parties without Hx’ prior written consent.
10.3 Should any provision of the present GTC or the Contract be or become invalid, void, illegal or unenforceable, this shall not affect the validity of the remaining provisions of the present GTC and/or the Contract. The invalid, void, illegal or unenforceable provision(s) shall be replaced by a provision that comes closest to the intention of the Parties as far as legally possible and that best corresponds in its economic effect to the invalid, void, illegal or unenforceable provision(s).
10.4 Amendments and additions to the contract, including the waiver of the written form requirement, must be made in writing to be effective.
10.5 In any event, Austrian law shall apply to the exclusion of the conflict of laws rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be the court having subject-matter jurisdiction and local jurisdiction over Hx’ registered corporate seat, although Hx shall remain entitled at any time to bring claims against the Customer before any other court having subject-matter jurisdiction and local jurisdiction over the Customer.
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