09/2025
§ 1 SCOPE OF APPLICATION
1.1.
These contractual provisions (the “Provisions”) apply to all offers, legal transactions, deliveries, and services made, concluded, performed, or provided by KRENN Events GmbH, Laudongasse 7/12, 1080 Vienna (the “CONTRACTOR”). The Provisions apply both to contracts with entrepreneurs pursuant to the Austrian Commercial Code/Unternehmensgesetzbuch (UGB) and to contracts with consumers pursuant to the Austrian Consumer Protection Act/Konsumentenschutzgesetz (KSchG) (the “CLIENT”. They are binding for all present and future business transactions between the Contractor and the Client.
1.2.
Any agreements deviating from or supplementing these Provisions must be made in writing. Insofar as they are disadvantageous for the Contractor, they shall, in case of doubt, apply only to the specific contract concerned and not to the general business relationship.
1.3.
The Client’s general terms and conditions shall not become part of the contract; their application is hereby expressly rejected. Even acts of performance by the Contractor do not constitute consent to such terms.
1.4.
If the Client is an entrepreneur, the following shall additionally apply:
Should individual provisions of a contract concluded with the Client or of these Provisions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract or the Provisions. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose and liability intent of the original provision.
§ 2 REMUNERATION, PRELIMINARY WORK
2.1.
Unless otherwise agreed, the Contractor’s services are subject to remuneration.
This also applies to services provided by the Contractor with the knowledge and consent of the Client before submission of an offer or placement of an order in relation to the full scope of services for an event (e.g. preliminary work such as the development and presentation of event concepts).
Cost estimates for consumers within the meaning of § 5 KSchG (Consumer Protection Act) are excluded from remuneration, unless remuneration has been expressly agreed in individual cases.
2.2.
In the absence of a specific agreement between the contracting parties, a reasonable hourly rate shall apply.
• Managing Partner (incl. Verena Krenn): 150 EUR net + 20% VAT = 180 EUR gross per hour
• Senior Project/Event Manager: 95 EUR net + 20% VAT = 114 EUR gross per hour
• Project/Event Manager: 85 EUR net + 20% VAT = 102 EUR gross per hour
• Project/Event Assistant: 65 EUR net + 20% VAT = 78 EUR gross per hour
Each hour commenced will be invoiced on a pro-rata basis, with a minimum of 15 minutes charged for each hour commenced. The hourly rate is indexed to the CPI 2020 (= 100) published by STATISTICS AUSTRIA, with the index level of the month in which the contract is concluded serving as the basis for calculation. Should the CPI 2020 no longer be published, the official successor index of STATISTICS AUSTRIA shall apply. The adjustment of the hourly rate takes place annually on January 1. In such case, the hourly rate shall be increased or – in the event of a reduction in the index – decreased accordingly. The Contractor shall notify the Client of such adjustment in writing.
For consumers, no price change will take place during the first two months after conclusion of the contract (§ 6 para 2 no. 4 KSchG).
This indexation clause applies for the entire duration of the contractual relationship between the Client and the Contractor.
2.3.
Budget guidelines and other cost estimates provided by the Contractor are non-binding, subject to change, and provided without warranty. The contractor shall inform the client immediately of any unavoidable and significant cost overruns. In the event of changes to the scope of services, § 4 shall apply.
2.4.
The costs calculated by the Contractor and, in particular, any flat rates cover the Contractor's expenses in the event of constructive, efficient, comprehensive, and timely cooperation on the part of the Client and the non-occurrence of events that are unforeseeable for the Contractor and cannot be averted by reasonable means, causing additional expenses. Any additional expenses incurred by the Contractor in this regard (including frustrated or double expenses for which the Client is responsible) shall result in a price adjustment in accordance with Section 4.3. The Client shall notify the Contractor immediately upon becoming aware of such additional expenses; the billing of additional expenses for past periods shall remain unaffected. The Client shall be responsible for the actions of any third parties it engages.
2.5.
The development and presentation of event concepts is in any case subject to remuneration. If a concept is developed and presented prior to the conclusion of a contract, the following shall apply:
i. If no contract is concluded, the remuneration will be invoiced on an hourly basis in accordance with the hourly rates specified in these General Terms and Conditions.
ii. If a contract is concluded, the agreed fee for this work will be credited against the total fee of the Contractor in accordance with the agreed payment terms.
If a potential Client commissions the Contractor to revise a concept after it has been presented, the revision shall be subject to remuneration.
The use of the Contractor’s services is, in any case, subject to remuneration. See § 10 (Right of Use).
2.6
If an event takes place more than 30 km from the Contractor’s registered office, the Client shall bear the costs incurred by the Contractor and its on-site team for accommodation, catering, and travel.
• Accommodation: shall be at the event location or, if not possible, in a hotel of at least 3-star category within a maximum distance of 5 km.
• Catering: shall include water, soft drinks, coffee, and two hot meals per day.
• Travel schedule: The Contractor and its on-site team shall arrive one day prior to the commencement of setup by the first third-party service provider and depart one day after completion of dismantling by the last third-party service provider. If the Contractor deems it necessary in the interest of the event, it shall be entitled to adjust the travel schedule accordingly.
• Travel expenses: The Client shall in particular reimburse a mileage allowance of EUR 0.60 per kilometer driven as well as the costs for flights or train, visa fees, entry fees, and any other travel-related expenses.
Accommodation and catering shall be organized by the Contractor.
§ 3 OFFER, CONCLUSION OF CONTRACT
3.1.
Offers made by the Contractor are non-binding and without obligation unless expressly designated as binding. Offers designated as binding are valid for 2 weeks from the date of delivery, unless otherwise specified in the offer.
3.2.
Contracts between the Client and the Contractor are concluded through express or implied consent. The mere performance of services by the Contractor (e.g. without an expressly defined scope of services) shall, in case of doubt, be deemed solely as implied consent to the conclusion of a contract with respect to the specific service performed. A non-binding written offer by the Contractor is to be understood as an invitation to the Client to submit an offer. In such cases, a contract is only concluded upon acceptance of the Client’s offer by the Contractor (e.g. order confirmation, performance of services).
3.3.
Legal declarations made by the client and the contractor shall only be legally effective if they are
i. made personally by the Client or the Contractor, or, in the case of a legal entity, by their duly authorized representatives, or by persons expressly authorized by one contracting party towards the other; and
ii. addressed directly to the other contracting party or, in the case of a legal entity, to their duly authorized representatives, or to persons expressly authorized by one contracting party to receive such declarations on its behalf.
3.4.
If the Client is an entrepreneur, the following shall additionally apply:
Insofar as an order confirmation issued by the Contractor deviates slightly from the contract, specifies it in more detail, or regulates aspects deliberately left open, the Client must raise an objection immediately, at the latest within 1 week; otherwise, silence shall be deemed consent to the conclusion of the contract under the terms of the order confirmation.
§ 4 SCOPE OF SERVICES
4.1.
The subject matter of performance consists of the individually agreed services for the execution of events.
4.2.
Changes in the scope of contractual services (“service changes”) requested by the Client require the written consent of the Contractor. The contractor will consider whether to agree to such service changes, but is not contractually obliged to do so. Minor service changes will only be rejected by the Contractor for objective reasons. If the Contractor justifiably refuses a service change, the previously agreed scope of services shall remain in effect (subject to cancellation by the Client pursuant to § 5). A change in the location or date of an event shall in any case constitute a service change for the Contractor. Changes to other event details (e.g. duration, number of participants, type, scope, and course of an event) constitute a service change if, due to the nature or timing of the requested change, the Contractor’s effort is reduced or increased, or services already rendered are rendered obsolete.
4.3.
Service changes that are agreed upon and entail additional effort by the Contractor shall result in an adjustment of the agreed price. In the absence of a different agreement, the adjustment for the Contractor’s own personnel costs shall primarily be based on the agreed hourly rates, and for third-party services proportionally to the originally agreed partial price. Depending on the circumstances, service changes may also lead to different unit prices (e.g. price per guest), provided this is objectively justified by external factors (e.g. higher or lower unit costs for the Client). In the case of service reductions, the price adjustment shall be made accordingly (taking into account that the order is not canceled in its entirety, but only in part) pursuant to § 5.
4.4.
If the client is an entrepreneur, the following shall also apply:
The contractor shall be entitled to a lump sum minimum compensation for the time expenditure incurred due to changes in the date of an event (accepted by the contractor) in the amount of:
• In the event of a date change 3 months in advance: EUR 1,500 plus 20% VAT
• In the event of a date change 6 weeks in advance: EUR 3,000 plus 20% VAT
Further claims remain unaffected.
§ 5 CANCELLATION CONDITIONS
5.1.
In the event of cancellation, the statutory provisions shall apply.
5.2.
Cancellations by the Client (including the termination of events already in progress) must in any case be made in writing.
5.3.
In the event of cancellation, the Contractor is entitled, irrespective of the reasons for cancellation, to charge the Client for the services already actually rendered as well as for any other expenses already actually incurred, including personnel costs at the agreed hourly rates, and expenses for third-party services and the cancellation of third-party contracts. In addition, the Client is obliged to reimburse the Contractor for any liabilities towards third parties arising from the cancellation. Further claims of the Contractor remain unaffected.
5.4.
If the Client is an entrepreneur, the following shall additionally apply:
In the event of cancellation, the Contractor is entitled to charge a cancellation fee based on the following percentages of the agreed total price plus VAT:
• up to 9 months before the start of the event: 20%
• up to 6 months before the start of the event: 50%
• up to 3 months before the start of the event: 75%
• within 1 month before the start of the event: 100%
The cancellation fee may be invoiced immediately after cancellation. It is payable regardless of the reason for the cancellation and irrespective of any fault on the part of the Client. Further claims of the Contractor remain unaffected.
§ 6 EXECUTING COMPANIES
6.1
The Contractor is entitled, at its own discretion, to engage third parties for the fulfillment of contractual services.
6.2.
If it is agreed that the Contractor does not itself provide executing services such as guest management, security, catering, equipment, technology, music, artists, etc. – apart from the selection, instruction, coordination, and financial handling of such companies – the Contractor shall, with regard to such executing companies (even if they are engaged by the Contractor), only be responsible for their careful selection, instruction, and coordination. If executing companies are engaged by the Contractor, the Contractor shall, upon request of the Client, assign warranty and compensation claims against such executing companies to the Client.
6.3.
It is expressly noted that the liability limitations set out in § 11 do not apply in favor of vicarious agents and executing companies (no contract for the benefit of third parties). Such parties may therefore not rely on the liability limitations agreed between the Contractor and the Client.
6.4.
If the Client provides its own personnel or executing companies for (partial) services, the Client shall be responsible for them. The Client is liable for the selection, supervision, and coordination of such executing companies. The Contractor reserves the right to define additional Client contributions (e.g. communication and coordination measures). The Contractor will also conduct the necessary briefings and task assignments with the personnel or executing companies provided; beyond this, however, the Contractor assumes no responsibility of any kind for the personnel or executing companies provided. The Client shall fully indemnify and hold the Contractor harmless to the extent that its own personnel or executing companies are used.
6.5.
If the Client is an entrepreneur, the following shall additionally apply:
The Client acknowledges that the use of the Contractor’s market knowledge and network of qualified executing companies constitutes a material part of the Contractor’s remunerated performance. In the event that an initial engagement of an executing company within the meaning of § 6.2 by the Client (even indirectly via the Contractor) arises as a result of the Contractor’s contractual and meritorious activity, the Client shall book the executing company exclusively through the Contractor for a period of 12 months following the end of the event (including for non-similar events). In the event of a direct booking, the Client shall pay a brokerage fee (which, insofar as it qualifies as a contractual penalty, shall be independent of fault) amounting to 20% of the respective net invoice amount of the executing company. The Client is obliged to disclose invoices; if not, the Contractor shall be entitled to base the calculation on the most recent invoices provided (taking into account any differing scope of services). The Contractor reserves the right to claim further damages.
§ 7 ADMINISTRATIVE LAW, INSURANCE, AKM
7.1.
The organizer and thereby bearer of the associated public-law and private-law obligations (including traffic safety obligations) is the Client.
7.2.
The Client is responsible for obtaining event insurance at its own expense. If no event insurance is taken out, the Client shall fully indemnify and hold the Contractor harmless, to the extent of the hypothetical coverage of such an insurance, against claims by third parties.
7.3.
Unless the Contractor is expressly and specifically commissioned with such services in the internal relationship, the following measures shall be carried out independently and at the Client’s own expense:
i. Timely procurement of all necessary official registrations and permits (in particular under the respective Event Act) for the event, submission of such permits to the Contractor prior to the start of the event, and compliance with any official requirements;
ii. Provision of all services prescribed by law or by authorities (emergency services, fire brigade, security services, etc.), as well as, in any case, an adequate security service for the duration of the event and beyond, to ensure sufficient protection of personnel, furniture, technology, decoration, infrastructure, and other material of the Contractor or of executing companies during the preparation, execution, and follow-up of the event on site;
iii. Any necessary registration with AKM (Austrian performing rights society) or other relevant collecting societies;
iv. Any required health and/or epidemiological preventive measures.
The Client shall fully indemnify and hold the Contractor harmless in this respect.
7.4.
Even if the execution of the measures under § 7.3 i. is agreed to be carried out by the Contractor, registration shall be made in the name of the Client, and the Client’s role as organizer pursuant to §7.1 shall remain unaffected.
Any other commissions given by the Client to the Contractor shall create obligations of the Contractor exclusively towards the Client in the internal relationship and shall not establish any external or third-party liability of any kind; no provision of these Terms shall be construed as constituting a contract for the benefit of third parties.
§ 8 TERMS OF PAYMENT
8.1.
Unless the Client expressly requests otherwise in writing, invoices may also be issued electronically.
8.2.
The Contractor is entitled to charge advance payments. The following deadlines apply to advance payments:
a. 40% of the total Event Budget: upon signing the contract, due within 10 days (no discount).
b. 40% of the total Event Budget: due within six months prior to the event (no discount).
c. 20% of the total Event Budget: due within 14 days prior to the event (no discount).
These advance payments serve to cover ongoing costs according to the original scope of services, including any advance invoices from service providers (e.g. venues, artists, technical suppliers, etc.), billing for preliminary work (e.g. printed materials, purchase of giveaway items, etc.), as well as to enable the Contractor, after its own review, to promptly settle supplier and service provider invoices without having to wait for payment of the final invoice by the Client. Additional costs resulting from changes in services shall, upon request of the Contractor, be subject to additional advance payments. The final invoice will be issued once all invoices from vicarious agents and executing companies have been received, and will, in principle, be issued within 30 days after the event. It is payable within 14 days (no discount).
8.3.
The Contractor is entitled to issue interim invoices for partial services rendered.
8.4.
In the event of payment default by the Client, the Contractor is entitled (without prejudice to other claims) to statutory default interest (§ 456 UGB; in consumer transactions: § 1000 ABGB). In addition to interest, the Contractor may claim compensation for other damages caused by the Client’s default, in particular the necessary costs of appropriate out-of-court collection and enforcement measures, provided these are proportionate to the claim being pursued (§ 1333 para 2 ABGB). It is agreed that this also includes the (necessary and reasonable) out-of-court costs of a (appropriately) engaged attorney.
In the event of payment default by the Client, the Contractor is further entitled to declare outstanding payments immediately due, to postpone deliveries and services until full (advance) payment or security for payment is provided, and to discontinue further performance of outstanding services.
8.5.
If the Client is an entrepreneur, the following shall additionally apply:
i. The Contractor’s price quotations are net, excluding statutory VAT.
ii. Offsetting claims of the Client against claims of the Contractor, regardless of their nature, is excluded unless the Client’s counterclaim has been legally established by a court or expressly acknowledged in writing by the Contractor.
8.6.
If deemed appropriate by the Contractor in view of the event volume, the Contractor shall be entitled to establish a separate bank account for the organization of the Client’s event. The established account shall be attributed to the Contractor’s account. All fees, charges, and banking costs incurred in this context shall be borne by the Client.
§ 9 PREMATURE TERMINATION
9.1.
The Contractor is entitled to terminate the contractual relationship with immediate effect for good cause. Good cause shall in particular be deemed to exist if:
a. performance of the service becomes impossible, or the Client fails to submit a required official registration and permit for the event in due time, or compliance with statutory or official requirements and conditions cannot be ensured for reasons beyond the Contractor’s control;
b. the Client, despite a written warning and the setting of a reasonable grace period, breaches essential contractual obligations (in particular in the event of payment default); a grace period of 14 days shall in any case be deemed reasonable, and in urgent cases a shorter period may also be reasonable;
c. further cooperation with the Client becomes unreasonable due to gravely unconstructive, inefficient, untimely, or otherwise negative behavior on the part of the Client, its employees, or third parties engaged by it, despite a written request to remedy such behavior; or
d. justified concerns exist regarding the Client’s creditworthiness and the Client, despite a written request by the Contractor, fails to provide either an advance payment or other suitable security.
9.2.
In the event of premature termination pursuant to § 9.1, § 5 shall apply accordingly.
§ 10 RIGHT OF USE
10.1.
All intellectual property rights in services provided by the Contractor, including developed concepts, suggestions, ideas, presentation materials, graphics, and designs, shall remain the property of the Contractor. All know-how made available by the Contractor is hereby contractually protected and must be kept confidential by the Client.
10.2.
By commissioning the Contractor to carry out an event, the Client acquires the right of use to the rights specified in § 10.1 solely for the one-time purpose of the specific event covered by the contract. Any further exploitation or transfer to third parties is permitted only with the Contractor’s express prior written consent. Any gratuitous services provided by the Contractor (e.g. the free development and presentation of event concepts prior to being commissioned to carry out an event) do not give rise to any right of use for the Client.
10.3.
Upon termination of the contract, the Contractor shall be entitled to demand the return of protected content or the irrevocable deletion of all analog and digital media containing such content.
10.4.
If the Client uses the rights specified in § 10.1 without being authorized to do so pursuant to § 10.2, the Contractor shall be entitled to appropriate and customary remuneration for such use. This remuneration shall be based on the benefit obtained by the Client at the time of use, consisting of the savings in expenses that the Client would otherwise have had to incur in order to use the Contractor’s rights. In any case, the Contractor shall be entitled (without prejudice to further claims) to charge a reasonable fee corresponding to the personnel and material costs incurred in developing the protected services.
10.5.
Excluded from the provisions of §§ 10.1 to 10.4 are customary photos and videos taken by participants of an event for private purposes and their use in a private context. However, use of such recordings by the Client or third parties for commercial purposes is subject to the provisions of §§ 10.1 to 10.4.
§ 11 LIABILITY
11.1.
The liability of the Contractor is governed by the following provisions in accordance with statutory law. Liability of the Contractor towards the Client for slight negligence is excluded – except in the case of personal injury and breaches of essential contractual obligations.
11.2.
The Contractor does not assume liability for the success of an event. In particular, upon acceptance of an assignment, the Contractor does not guarantee the external conditions for the feasibility of the event (e.g. weather, legal framework, etc.), the availability of (especially the intended) venues, service providers, etc., the acceptance of the event by the target audience, or (especially in the case of online events) the functionality and bandwidth of internet connections
11.3.
As organizer, the Client bears the overall risk of the event. The Client alone is liable to third parties for its event, including all preparatory work, setup, execution, and dismantling, and for all (consequential) damages caused by the Client, its vicarious agents (including the Contractor), or third parties attributable to it. This also applies to damages caused by event participants.
11.4.
The risk for all items brought in by the Client, the Contractor, and third parties shall in any case be borne by the Client as organizer. Any liability of the Contractor in this regard is excluded.
11.5.
Sofern es sich beim AG um einen Unternehmer handelt, so gilt Folgendes:
i. The Contractor's liability shall be limited to cases of (gross) negligence or intent and shall be limited in amount to the total net order value for all damages resulting from a contractual relationship. The applicability of § 1298 ABGB (reversal of the burden of proof) is excluded. The Contractor shall in any case not be liable for indirect damages, loss of profit, loss of interest, consequential or financial losses, or damages arising from third-party claims.
ii. The Contractor maintains liability insurance with coverage of € 3,000,000. The Contractor’s liability is limited to the amount of insurance coverage available in the specific case.
iii. Any claims (in particular claims for damages) against the Contractor shall become time-barred one year from the date the circumstance giving rise to liability becomes known (in the case of damages: knowledge of the damage and the damaging party).
§ 12 CHOICE OF LAW, PLACE OF JURISDICTION
12.1.
This contract shall be governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection law provides otherwise (§ 13a Austrian Consumer Protection Act, Art. 6 para. 2 Rome I Regulation).
12.2.
If the Client is an entrepreneur, the following shall apply:
The exclusive place of jurisdiction shall be Vienna (Austria). However, the Contractor reserves the right to assert claims against the Client also at other competent courts.
