General Business Conditions
Die Development Education & Study Consulting (henceforth DESC) acts as agent or organizer of several language services exclusive of literary translations.
As an agent DESC is committed to endeavor for enforcing the claim of benefits on behalf of others. The company acts as an organizer undertaking to provide language services on own account for groups, individual persons, companies or institutions and generally provides own advertising folders, calls etc.
The following conditions are contractual basis (business management contract) for the contract which the customers conclude with the agent.
Applications have to be submitted exclusively in writing and need to be confirmed by the agent/organizer immediately in written form. The confirmation of the registration must include all the essential information about the event booked by the customer with reference to the announcements in the description of the event and the detailed individual agreements respectively.
So far services of foreign organizers, universities, academic institutions, schools, etc. are concerned also foreign law can be applied.
Those who for themselves or for thirds submit an application are to consider customers and assumes unless otherwise agreed the obligations of the contract towards the DESC (payment, cancellation of the contract, etc.)
DESC charges besides the commission and the course fees respectively a service charge and (minimum) cash down. The outstanding balance as well as the reimbursement of cash outlay (phone calls, mail charges, etc.) become due at the deadline as stated in the offer.
DESC transfers to its customers at or immediately after the conclusion of the contract the confirmation according to the agreements in the contract.
2) Information and Additional Services
Information about pass-, visa and other regulations
DESC informs its customers about the respective entry requirements exceeding the ordinary regulations mentioned above so far they can be find out in Austria/China. Furthermore the customers are personally responsible for their compliance with the applicable regulations.
3) Legal Position and Responsibility
The responsibility of the agent/organizer covers
– when DESC doesn’t act as an autonomous organizer the careful choice of the organizers and service providers respectively as well as the thorough evaluation of previous experiences and the demonstrable forwarding of notifications, declarations of intend and payments between the customer and the mediated organizer and vice versa (e.g. the modification of the services and prices as per the contract, cancellation of the contract, complaints, etc.).
– when DESC acts as an organizer it is responsible for the careful preparation and execution of the services on offer as well as for the attentive choice of the collaborators and partners commissioned by DESC and the thorough evaluation of the experiences made during the event.
DESC is not responsible for the supply of services procured and/or committed. DESC acknowledges in the affirmation of the contract the precise contacts of the organizers, if the contacts are not already written in the advertising folder, calls or in other detailed advertisements. In case that DESC refrains from doing so it is liable towards the customer in its capacity as organizer and service provider respectively.
4) Impairment of Performance
If CESC breaches its duties resulting from the contract, it is obliged to compensate the resulting damage to the customer, unless DESC doesn’t prove that it cannot be charged having caused the damage deliberately or due to gross negligence.
If CESC breaches its duties for minor negligence it is obliged to compensate the resulting damage to the amount of the fees for the conveyed business.
DESC as agent/organizer
The conditions below are the basis of the contract between the customers and an organizer stipulated either directly or by an agent. In case of a direct agreement the obligations of the agent apply to the organizer analogously.
The organizer respects generally the present business conditions. Differences appear clearly in all its detailed calls.
5) Application/Conclusion of the Contract
The contract between the customer and the organizer is concluded when the partner agree about the main parts of the contract (price, performance and data). From the contract are resulting rights and duties for the customer
It is not possible to change the person and the contract cannot be transferred to third persons.
6) Terms of the Contract, Information and Additional Services
The organizer must give sufficient and more extended information about the performance than the agent (see above). The description of the performance in the call at the moment of the application as well as all the other information in the call are subject of the contract accept as otherwise provided written at the moment of the conclusion of the contract.
7) Legal Basis for Impairment of Performance
a) Defects liability
In case of underperformance the customer can make a liability claim.
The customer agrees that the organizer provides a satisfactory or upgraded performance in an appropriate period instead of performing a redhibitory action or a price reduction.
b) Compensation for damages
In case that the organizer or its assistants negligently breach their obligations resulting from the contract, the organizer is liable to compensate the customer for the resulting damage
Except deliberated intention or gross negligence the organizer is not liable for objects which usually are not transported.
The customers are recommended not to take along objects of special value. Furthermore it is recommended to keep their belongings safely.
c) Announcement of defects
The customer is obliged to communicate any defects in the performance of the contract immediately to a representative of the organizer.
That implies that a responsible person was nominated and is available easily on site. In case that the customer neglects this obligation it can be considered contributory negligence and reduce the impairment of potential claims of damage. The organizer must have indicated the obligation to notify such deficiency to the customers in written form. If no representative of the organizer is available on site the customer has to inform DESC written immediately about the occurrence of the defects and demand such deficiency to be remedied.
d) Enforcing possible claims
To facilitate the enforcing of claims customers are recommended to procure and secure written certificates about the missing or inadequate delivery of services, e.g. invoices, receipts, and witnesses.
Claims of compensation by customers can be enforced within 2 years. They become time-barred after 3 years.
In the interest of the customers it is recommendable to enforce possible claims immediately, because establishing proofs becomes more difficult with further delays.
8) Cancelation of the Contract
Cancelation by the customer before the event
Cancelation without penalty
Apart from the right of cancelation regulated by law the customer can cancel the contract without any claims on the part of organizer before the beginning of the performance as follows:
a) If important parts of the were changed
The organizer is obliged to inform the customer immediately about the modifications in the contract either directly or by the agent and at the same time to explain the modifications. Furthermore the organizer must inform the customer about the possibility to either accept the changes in the contract or to cancel the contract completely. The customer has to choose immediately on of those two possibilities.
b) In case that the organizer is responsible for the event which entitles the customer to cancel the contract the organizer is liable to compensate the customer the damage.
c) Right of alternative offers
If the customer doesn’t use the possibility to cancel the contract (lit. a) as well as in case of the cancelation of the event by the organizer without blame of the customer, the customer can insist on the performance instead of the restitution of the contract participating in another event of the same value unless the organizer is capable to provide this performance.
Besides these options the customer can claim compensation because of the missing fulfillment of the contract when the cases in 7.2. have no longer any effect.
Cancelation with penalty
The penalty is calculated in percentage of the price. The amount depends on the date of the cancelation on the event. The price is the total price of the performance agreed in the contract.
The outcome of this is per person as follows:
Until 30 days before the beginning ……………………………… 10%
from 30 to 10 days before the beginning ………………………. 50%
from the third day (72 hours) from the beginning …………….. 85%
Cash down eventually already paid is taken in account.
Declaration of cancelation
For the cancelation of the contract the customer has to observe:
The customer can inform DESC about the cancelation any time. It is recommendable to cancel the contract in written form by registered mail, e-mail with return receipt or personally presenting a written declaration.
No-show means that the customer doesn’t show up because of his/her or because of negligence an accident. It is to make clear that when the customer to in this case is not able to or doesn’t want to make use of the (remaining) performance the customer must pay the full stipulated price.
Cancelation by the organizer before the start of the event
The organizer will be exonerated from the fulfillment of the contract in case that a minimum number of participants already communicated in the call is not reached and the cancelation is communicated in written form to the customers not later than 20 days before the beginning of the event.
The cancelation due to force majeure, viz. due to unusual and unexpected events, beyond the influence of those who refer to such force majeure and when the consequences could not have been avoided even with the adequate care (strikes, instruction by the authorities, wars or similar events, natural disasters, epidemics, etc.) the contract can be canceled by the customer as well as by the organizer without any fees.
Cancelation by the organizer after the beginning of the event
The organizer is exonerated of the fulfillment of the contract if the customer interferes permanently by grossly incorrect and/or negligent behavior despite being warned. In the case that the customer is
9) Modifications of the Contract
Changes of the price
The organizer reserves its rights to raise the price stipulated by contract consequently to circumstances which are independent of its own will in case that the event starts more than 2 months later than the contract was stipulated. Such reasons can be only increasing costs for transportation (e.g. excursions), fees for determined performances and changes in the currency rates.
Within the term of two month the prices can be raised only when the specific reasons had been negotiated and noted in the contract when the contract was stipulated.
From 20 days before the beginning of the event the price cannot be changed any more.
Changes of the price are possible only according to the agreements and under precise specification of the calculation of the new price. The changes of the price and the reasons for them must be explained
If the changes exceed 10 percent of the price the customer can cancel the contract without any fees.
10. Provision of Information to a Third Party
Information about name and personal data of the participants of events organized by DESC will not be delivered to a third party even in emergency cases unless expressively requested by the participant. The communication of urgent information is at the expense of the customer.