Pacta sunt servanda
1 Arrangement of Contracts
1.1 The conclusion of contracts between the client and TWA Mentale Innovation GmbH regarding the services to be rendered by both parties as well as changes and additions thereto must be made in writing.
1.2 In addition, the present terms and conditions, which are attached to the contracts, shall apply.
1.3 These Terms and Conditions shall take precedence over the Client’s General Terms and Conditions.
2.1 TWA Mentale Innovation GmbH provides its services through freelancers and/or salaried employees.
2.2 The scope, form, subject matter and goal of the service are specified in detail in the respective contract between the client and TWA Mentale Innovation GmbH.
2.3 TWA Mentale Innovation GmbH provides services in the form of seminars, trainings, workshops, moderation, consulting, coaching and project work.
2.4 There will be no individual assessment of participants.
2.5 TWA Mentale Innovation GmbH does not assume any liability for a specific success of
3 Performance Assurance
3.1 The Client acknowledges the copyright of TWA Mentale Innovation GmbH to the works created by them (training documents, etc.). Reproduction and/or distribution of the aforementioned works by the Client requires the prior written consent of TWA Mentale Innovation GmbH.
3.2 TWA Mentale Innovation GmbH warrants that the works made available by TWA Mentale Innovation GmbH for the execution of the order do not infringe copyrights and/or other rights.
3.3 The Client shall inform TWA Mentale Innovation GmbH before and during the performance of the services on an ongoing basis of all circumstances which are of significance for the preparation and execution of the order. A responsible contact person is appointed by the client.
3.4 Should parts of the training concept and/or the execution of the order be commissioned by the client to third parties, TWA Mentale Innovation GmbH is to be commissioned to coordinate in order to achieve compliance with the conceptual and didactic requirements.
3.5 TWA Mentale Innovation GmbH reserves the right to select seminar hotels as well as media producers, equipment manufacturers and other persons used by TWA Mentale Innovation GmbH to carry out the order. Inadequate or non-agreed working conditions can lead to a postponement of the appointment which is subject to a fee for the client.
3.6 TWA Mentale Innovation GmbH is entitled to offer its services subsequently to competitors of the client, unless otherwise agreed.
4 Non-Disclosure Obligation
4.1 The Trainer(s)/Consultant(s) undertake(s) to maintain secrecy with regard to all business-related processes and information which have become known to them through their cooperation with the Client. This obligation also remains after conclusion of the contractual activity.
5 Fees and Expenses
5.1 The first contact is free of charge unless otherwise agreed.
5.2 A daily fee is agreed for each commenced day for meetings, analyses, training preparations and other tasks to be carried out jointly with the client, with third parties or alone.
5.3 For services according to 2.3. daily or lump-sum fees are agreed upon.
5.4 The use of assistants, films, documents, video spots, case studies etc. will be charged additionally and after consultation with the client.
5.5 Travel and accommodation costs will be charged separately. Costs for arrival and departure (reduced fee) must be agreed separately. If kilometre allowance is charged according to our current conditions overview, the distances from and to the trainer’s place of residence will be charged.
5.6 All services are subject to value added tax as applicable law.
5.7 Agreed fees, unless otherwise agreed, shall be invoiced prior to execution and are due immediately without deduction.
5.8 Rights of set-off and retention against due payment claims are excluded.
6 Changes to Dates
6.1 If TWA Mentale Innovation GmbH is unable to meet a deadline for the provision of the agreed service due to illness, accident, force majeure or other circumstances for which TWA Mentale Innovation GmbH is not responsible, TWA Mentale Innovation GmbH offers to make up for the services on a new date to be agreed, excluding any liability for damages.
6.2 If a client postpones a date up to 15 days before the agreed date, a penalty amounting to 30% of the fee due to TWA Mentale Innovation GmbH for the dates to be postponed shall become due in addition to the agreed fee; if the postponement occurs 14 to 7 days before the agreed date, the penalty amounts to 50%; if the postponement occurs within less than 7 days, the penalty amounts to 70%, always under the assumption that the order will be made up at a later point in time. Section 6.3 applies to cancellations by the client.
6.3 If the client cancels an appointment completely, 50% of the agreed fee will be charged within 3 months before the agreed performance date, 75% within 1 month and 100% within 2 weeks.
6.4 If a participant cancels his participation for a seminar, the following regulation shall apply: in the event of cancellation from the 60th days prior to the beginning of the seminar, the advance payment made shall lapse; in the event of cancellation from the 30th day prior to the beginning of the seminar, 50% of the seminar fee shall be due; in the event of cancellation from the 15th day prior to the beginning of the seminar, 100% of the seminar fee shall be due. If a participant leaves a seminar during the seminar, he is not entitled to a refund of the seminar fee.
7 Contract Amendment
7.1 Amendments to the contract must be made in writing in order to be legally effective.
7.2 Should individual provisions of these terms and conditions be invalid or be amended by written agreement, the validity of other provisions shall not be affected thereby.
7.3 These conditions and their implementation shall be governed exclusively by Austrian law.
7.4 In the event of a dispute, the place of jurisdiction shall be the registered office of TWA Mentale Innovation GmbH.
8 Place of Fulfillment
8.1 Place of fulfillment for all services arising from this contract is Austria.