General Terms and Conditions

Terms and Conditions

Lefor Oberbauer GesmbH, with its registered office in Vienna/Austria, holder of trade licenses for advertising agency, distribution of advertising materials, event organization, commercial trade and commercial agency, hereinafter referred to as “LO”.

1. Scope:

1.1. “LO” concludes contracts and provides services exclusively under the following General Terms and Conditions (GTC). Conflicting terms and conditions of the Client are only valid if they have been acknowledged by “LO” in writing and expressly made the basis of the contract to be concluded. Agreements between the Client and “LO” that deviate from or supplement these GTC require written form to be effective.

1.2. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity and binding nature of the remaining provisions or of the contracts concluded on their basis.

2. Conclusion of contract:

2.1. The basis of every business relationship with the Client is the offer prepared by “LO” or the presentation developed by “LO”, in which all services and the service fee are set out.

2.2. If the Client places an order on the basis of the offer, the contract only becomes legally effective once “LO” has accepted this order in writing.

2.3. The Client must place the order in writing and is bound by it for two weeks from receipt of the order by “LO”.

2.4. Insofar as these GTC refer to a requirement of written form, this requirement is also satisfied by e-mail or fax.

2.5. Insofar as “LO” concludes contracts with third parties for the execution of an order, such contracts are concluded in the name and for the account of the Client. This applies in particular to the rental of premises or land, the rental of loaned materials and temporary infrastructure, contracts with hospitality businesses, in particular catering, and the conclusion of contracts with artists, athletes and the like.

3. Scope of services and fee:

3.1. The scope of the contractual services and the fee are determined by the written contract or by the written offer, order and declaration of acceptance. Side agreements or amendments that change the scope or content of the contractual services or the fee require written form to be effective.

3.2. “LO” shall inform the Client without delay of any changes or deviations of individual services from the agreed contractual content that become necessary after conclusion of the contract. Should services commissioned by the Client be revoked or not used by the Client, all costs incurred up to that point shall nevertheless be borne by the Client.

3.3. Insofar as changes of any kind do not affect the agreed content of the contract, or affect it only insignificantly, the Client has no right of termination or withdrawal.

3.4. Invoices from “LO” are due for payment immediately upon receipt, without deduction, within 14 days. In the event of late payment, the default interest pursuant to Section 352 of the Austrian Commercial Code (UGB) applies. “LO” is entitled to invoice advance fees in accordance with the concluded contract.

3.5. The Client is not entitled to set off its own claims unless these claims are undisputed by “LO”.

4. Budget:

4.1. Independently of the agreed fee, the Client shall provide “LO” with a binding budget framework in writing, which “LO” may draw on from the Client at any time, including in parts, and which the Client is obliged to pay in due time.

4.2. Should it become apparent during the execution of an order by “LO” that the actual financial expenditure exceeds the budget calculated by “LO” by more than 15% of the total order amount, only then is “LO” required to expressly notify the Client. Unless the Client in this case expressly requests a modification or adjustment of the contract that is still possible at that point, “LO” is entitled to continue the order despite the increased expenditure, and the Client bears the increased financial expenditure.

5. Property rights, copyright and competition law:

5.1. All services of “LO”, in particular concepts, project documents, presentation materials and the like, as well as individual parts thereof, whether in written or electronic form, remain the property of “LO” during and after the provision of services. By paying the fee, the Client acquires only the right to use them for the agreed purpose and to the agreed extent. Without the express written consent of “LO”, the Client may use the services of “LO” only itself and for the duration of the contractual relationship. Third-party copyrights are not affected by these GTC.

5.2. The use of services, concepts and project documents beyond the original agreed purpose and scope of the contractual relationship requires the consent of “LO” – regardless of whether these services are protected by copyright or otherwise. In such cases, “LO” or any third-party author is entitled to separate appropriate remuneration.

5.3. In the event of unlawful use of the intellectual property of “LO” or of a third-party author or owner, the Client is liable for damages.

5.4. If “LO” does not receive the order after participating in a presentation, all services of “LO”, in particular its concepts, ideas etc., remain the property of “LO”. The party commissioning the presentation is not entitled to make any further use of the presentation content in any form. Corresponding documents must be returned to “LO” without delay.

5.5. Compliance with competition law provisions for advertising measures proposed by “LO” or commissioned from “LO” is the responsibility of the Client. The Client undertakes to indemnify and hold “LO” harmless with respect to any claims for damages or other competition law claims by third parties.

5.6. “LO” undertakes to comply with the statutory provisions and official requirements for the organization of events, promotional campaigns and the like, including required taxes and fees, AKM (Austrian music royalties collecting society) and the like. The costs thereof shall be borne by the Client.

6. Confidentiality:

Both the Client and “LO” undertake to treat as confidential all information relating to the business operations of the other contracting party that has come to their knowledge in the course of the order and the provision of services. Without the express consent of the other contracting party, neither contracting party may use the technical and internal business data and information itself or compete with it, nor pass it on or make it accessible to third parties.

7. Termination:

7.1. The Client is entitled to terminate the contractual relationship with “LO” at any time. However, early termination of the contractual relationship obliges the Client to pay the agreed remuneration less any advance fees already received and paid. Services already rendered by “LO” must be remunerated in any case.

7.2. “LO” is entitled to withdraw from the concluded contract or to terminate the contractual relationship, in particular if the agreed fee or the agreed fee and cost advances are not paid by the Client by the due date. “LO” is also entitled to terminate in particular if, despite a request, the Client fails to pay necessary budget payments or budget advances.

8. Warranty:

8.1. The Client must notify “LO” in writing of any complaints and warranty claims without delay, but no later than within three working days, stating the reasons. If a complaint is not made in time, the service is deemed approved by the Client. Defects that only become apparent later despite proper inspection must be reported to “LO” without delay upon becoming known; otherwise the service is deemed approved.

8.2. In the case of a justified and timely complaint, the Client is only entitled to rectification of the service or completion of what is missing. Any claims for damages by the Client against “LO”, regardless of the legal basis, are limited to the agreed total fee.

8.3. Claims for damages by the Client are excluded unless they are based on intent or gross negligence on the part of “LO”.

8.4. Cases of force majeure, natural disasters, official measures not attributable to “LO”, strikes outside the sphere of “LO”, danger to life and limb, … release “LO” from any obligation towards the Client. All project-related cash expenses incurred by “LO” up to that point, as well as the work performed, must be reimbursed to “LO”.

9. Liability:

9.1. “LO” undertakes to prepare conscientiously and to carefully select and supervise its service providers. The liability of “LO” is governed exclusively by the written order and the other written agreements of the parties. All claims not expressly granted therein, regardless of the legal basis, are excluded unless they are based on an intentional or grossly negligent breach of contract or duty of care by “LO”.

9.2. Should activities with an increased risk of injury be offered by “LO” (outdoor activities, active sports, games and combat sports, …), participation is always at the participant’s own risk and peril. “LO” assumes that the Client informs its guests/participants in good time before the start of the activities about their own risk and peril as well as the health and insurance issues involved. “LO” cannot reasonably be expected to conduct activities with persons who were left uninformed about this up until their arrival. Before the start of these program items, participants are verbally informed of the physical and health risks (diabetes, heart conditions, musculoskeletal disorders or acute injuries, …) as well as of activity-specific risks/challenges (duration, special skills, characteristics, …). Participation is never mandatory but is always optional. In all these cases, the Client shall indemnify and hold “LO” harmless.

9.3. Parents are liable for their children. Otherwise, children are in any case excluded from these activities. In all these cases, the Client shall indemnify and hold “LO” harmless.

9.4. “LO” is only obliged to take out event liability insurance. “LO” is not obliged to take out additional accident, rescue, damage or theft insurance in addition to the compulsory insurance applicable in Austria. Should an uncovered loss arise as a result, “LO” shall be indemnified and held harmless in this respect.

10. Data protection:

10.1. The Client agrees that “LO” may store the personal data that has become known in the course of the business relationship in its IT systems for the purposes of the order placed, process and analyse it electronically, and inform the Client about “LO” products in the form of newsletters.

10.2. Photos, interviews, drawings, … that are published without the knowledge and approval of “LO” are beyond our control and cannot be legally attributed to “LO”.

11. Applicable law:

The legal relationship between the Client and “LO” is governed exclusively by Austrian law.

12. Place of jurisdiction:

The court with subject-matter jurisdiction at the registered office of “LO” in Vienna is agreed as the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between the Client and “LO”.

13. Side agreements/written form:

Necessary amendments to concluded contracts require written form in order to be valid and legally effective. Verbal side agreements only become effective and binding once they have been recorded in writing by mutual consent.

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This English translation is provided for convenience only. The German version of these General Terms and Conditions shall be legally binding; in the event of any discrepancies, the German version shall prevail.