GENERAL TERMS and CONDITIONS for PLANNING and COORDINATION SERVICES by HIGH EMOTION WEDDINGS
1. Relationship Wedding Planner - Clients
The Clients – as wedding hosts – contract the event agency Events by Irene e.U., represented by Mag. Irene Gutan, to render the agreed service package. The Wedding Planner starts fulfilling herewith listed contractual obligations after receiving the deposit to her account, and ends on the wedding day, as soon as the event is finished.
The Wedding Planner is bound to provide the agreed services according to the principles of „obligation for executive care”, considering the Clients’ best interest. The Wedding Planner is especially bound to the meticulous consulting of the Clients, careful selection and supervision of vendors and subcontractors.
The Clients are considered one unit in the communication process, meaning it is assumed that any request or information provided by one of the Clients is internally agreed upon by both. The Wedding Planner is not liable for any inconveniences that arise from actions that have not been previously discussed and/or agreed upon internally by the Clients.
2. Service Fees
According to the Austrian regulation for small businesses - §6 Abs 1 Z 27 UStG. – Events by Irene e.U. is VAT-exempt. Therefore, all the mentioned amounts are net amounts.
As stated in the service offer, the planning and coordination service fee refers exclusively to the services of the Wedding Planner, and does not include costs of translation, legalization or notarial charges, nor does it cover any costs incurred by the booking of other vendors. These will be borne by the Clients. Discounts applied to the initial offer do not apply to additional hours.
Any additional planning hours during the planning phase will be charged with 50 €/hour. Any additional coordination hours during the wedding day will be charged with 70 €/hour/Wedding Planner and 50 €/hour/assistant involved. However, they will not be incurred without the agreement of the Clients.
Additional agreements or changes that affect the agreed services or prices need to be explicitly agreed by both parties and be documented in written form without delay.
If not included in the agreed lump sum, transportation, meals and accommodation costs for meetings before and the coordination on the wedding day will be borne by the Clients for the Wedding Planner and her team, as follows:
- Travel costs at 0.50 €/km/planner for trips outside Vienna or Paris (calculated starting from the Wedding Planner’s office), or
- Travel costs according to plane/train/bus/ship tickets
- Accommodation costs in an appropriate hotel that facilitates quick access to the wedding locations, including breakfast, if the venue is located more than 60 km away from Vienna or Paris and/or if the wedding day(s) itinerary requires the Wedding Planner's on-site presence earlier than 9:00 am and/or later than 23:00.
- Meal costs for wedding day coordination
3. Service Agreements
The Wedding Planner gathers offers from appropriate vendors, according to the wishes of the Clients, within their wedding budget, for the defined fees. The selection of the vendors proposed by the Wedding Planner is made by the Clients, unless otherwise agreed. Should the Clients explicitly request, the selection is to be made by the Wedding Planner.
The Clients agree that the event agency Events by Irene e.U. makes all the payments incurred by the translation and legalization of documents, as well as registry office fees necessary for their legal marriage in Austria, or any other agreed items or services necessary for the organization of their wedding in Austria. Any errands that are to be run on behalf and on account of the Clients have to be explicitly documented in written form. This concerns especially public-law (e.g. registration of the event at the appropriate authorities or the AKM – Austrian Performing Rights Society) or private-law acts, room rental, closing catering contracts, or any contracts with artists, vendors or subcontractors. Any costs incurred by these errands and paid in advance by the Wedding Planner to third parties (vendors) will be invoiced 1:1 to the Clients at the latest with the last payment of the Wedding Planner’s fee, and will be reimbursed by the Clients according to the payment terms mentioned in the respective invoice.
In well-justified situations, the Wedding Planner is entitled to deviate from the agreed services, in agreement with or in the best interest of the Clients. Any changes are to be documented in written form without delay. The Wedding Planner is entitled to hire trustworthy industry partners to complete the agreed planning and coordination tasks – depending on complexity; or to forward the job (e.g. in case of illness), with the prior agreement of the Clients in writing.
4. Payment Terms
If the advance payment perceived by the Wedding Planner contains estimations of costs for third party services, the balance will be settled with the last payment, according to the actual costs incurred for each of the services. As long as no other payment terms have been agreed upon, 50% of the amount mentioned in the service offer are to be paid strictly net immediately after contract closing, due in 5 working days as of invoice date. The other 50% is to be paid 5 working days as of second invoice date, one week before the wedding.
In case that the payments are not made within due date, an overdue notice will be issued on the next working day, and then at 10 days’ intervals. The fee for each overdue notice amounts to 20 €. Additionally, in case of a delay in payment, an interest for delay amounting to 10% p.a. will be charged.
The bank wire or credit card fees will be borne by the Clients.
5. Clients' Obligations
The Clients are bound to provide the Wedding Planner a thorough status-quo description of their wedding plans and ideas and inform her in a timely manner of any changes that may arise in this regard.
Should the Clients choose to book some of the vendors without involving the Wedding Planner, they are obliged to inform her of any agreements made with these third parties, and provide their contact details at least 30 days before the wedding day. CC-ing and forwarding e-mails, as well as inviting the Wedding Planner to calls or meetings with these third parties is strongly recommended.
The Clients are obliged to provide the Wedding Planner the following documentation at the latest 10 days before the wedding day (where applicable): guest lists, seating charts, name cards, wedding favors, welcome bags, schedules, e-mail addresses of relevant guests, flight and hotel details where necessary, etc.
The Wedding Planner does not act as general contractor, but only as intermediary between Clients and wedding vendors. The contracts are to be closed directly between Clients and the chosen vendors. Therefore, the Wedding Planner is not liable for operative errors or delivery failures or delays of the vendors.
The Wedding Planner is not liable for any delays or irregularities in document processing by the authorities, as well as any delays or the cancellation of the ceremony caused by the delayed delivery or lack of information and/or documents by the Clients.
The Wedding Planner is neither liable for inconveniences caused by acts of nature or responsible for the private belongings of the Clients, wedding guests or vendors, present at the wedding locations on the wedding day.
The Clients are entitled to withdraw from the present contract for any reason, at no cost, within one week after signing. The withdrawal takes effect only after written announcement to the Wedding Planner by e-mail or in paper form, including an indication of reasons. The one-week deadline cannot be extended.
The Wedding Planner is entitled to terminate the contract when payments are not made within due date or according to contractual terms, or for any material breach of this contract, against all summons. In this case, the Clients are bound to pay the agreed fees, plus the mentioned overdue notice fees, minus the expenses saved by the premature termination, within 5 working days.
The Clients are entitled to terminate the present contract at any time, by written notice to the Wedding Planner. The cancellation takes effect only after written announcement by e-mail or in paper form, including an indication of reasons. Should the Clients terminate the present contract prematurely, the following payments are due:
· 25% of the total service fee for cancellation at least 9 months before the wedding
· 50% of the total service fee for cancellation 6 to 9 months before the wedding
· 75% of the total service fee for cancellation 2 to 6 months before the wedding
· 90% of the total service fee for cancellation 3 weeks to 2 months before the wedding
· 100% of the total service fee for cancellation up to 20 days before the wedding
These intervals will be adjusted depending on how long in advance the date has been secured by the Clients.
9. Intellectual Property
The contractual parties agree to confidentiality on information acquired through the business relationship arising from this contract, also after contract termination. The wedding concepts created by the Wedding Planner are and remain her intellectual property.
The Clients are granted private use rights and are not allowed to forward or sell these to third parties. The Clients are not allowed to implement the wedding concepts created and provided by the Wedding Planner without paying the agreed service fee, or without her written consent. The Clients are informed that data derived from this contractual relationship is stored on a confidential basis.
10. Usage of Photos and Videos
The Clients will provide the Wedding Planner their wedding photos and videos as soon as they get them from the photographer and videographer, or agree that the photographer and videographer provide these materials directly to the Wedding Planner.
The Clients agree to the publishing of their photos and videos on the Wedding Planner’s and involved vendors' websites, social media channels and blogs, as well as on external blogs, in newspapers and magazines, for advertising purposes. Should the Clients not agree to the publishing of their photos and videos, the Wedding Planner’s service fee increases by 15% of the total agreed amount.
11. Working Hours and Communication Rules
The Wedding Planner is not bound to specific working times, number of hours, regularity, schedules or places, to fulfill the obligations of the present contract. The official working hours of the Wedding Planner are as follows:
- Mondays to Fridays: 15:00-20:00 CET
- Saturdays: 10:00-14:00 CET
- Sundays, Austrian holidays: calls upon appointment
The communication between Clients and Wedding Planner will be done exclusively by e-mail, Skype, personal meetings or phone. To ensure proper tracking, communication via Facebook Messenger, WhatsApp or any other similar chat service is not accepted.
The Wedding Planner shall respond to e-mails from the Clients on a timely basis and in any event as soon as reasonably practicable, following receipt of such e-mails. Information given or requests made during Skype or phone calls need to be summarized and confirmed by e-mail. In case of discussions that cause contractual changes, the new stipulations will be outlined by the Wedding Planner in an annex to the present contract and submitted to the Clients for signature. The changes take effect only after the annex is signed by both parties.
12. Additional Stipulations
Should any of the stipulations of the contract be or become legally void, the validity of the other agreements in this contract stays untouched. Any changes or additions to the present contract are to be done and confirmed in written form.
The contract parties agree upon the headquarters location of the Wedding Planner – Vienna, Austria – as competent court of jurisdiction and the application of Austrian law.