GENERAL TERMS AND CONDITIONS
(1) Bechamp (Consultant) mediates as a contractor independently of his or her third interests, between sports facilities and hotel operators, as well as experts on the one hand and the customer on the other hand. The contractor, who is entrusted with the preservation of his interests in private and / or company sports travel management, works for both parties to the contract, but has to primarily protect the interests of the client.
(2) The Contractor shall render its services in accordance with the statutory provisions, these General Terms and Conditions (hereinafter referred to as "GTC") and a contract concluded with the Principal with the due care of a proper entrepreneur.
1. General Terms and Conditions / Scope
1.1 All legal transactions between the Principal and Bechamp (Consultant) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the Contract is concluded shall be applicable.
1.2 These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.
1.3 Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by the Agent (Management Consultant).
1.4 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2. Scope of Consulting Assignments / Representation
2.1 The contractor arranges contractual relationships with providers of training facilities as well as experts for various specialist areas. The scope of each particular consulting assignment shall be individually agreed by contract. Contracting party with the offerers becomes exclusively the client and settles with these in detail.
2.2 Bechamp (Consultant) shall be entitled to subcontract, in whole or in
part, the services for which the Agent is responsible to third parties. Payment of said third
parties shall be effected exclusively by Bechamp (Consultant). No contractual relationship of any kind shall exist between the Principal and said third party.
3. Principal’s Obligation to Provide Information / Declaration of Completeness
3.1 The Principal shall ensure that during the performance of the consulting assignment, organisational conditions in the Principal’s place of business allow the consulting process to proceed in a timely and undisturbed manner.
3.2 The Principal shall also inform Bechamp (Consultant) in detail about previously conducted and/or currently active consulting projects, including those in other areas of competency.
3.3 The Principal shall, in a timely manner and without special request on the part of
the Agent, provide Bechamp (Consultant) with all documents necessary to fulfil and perform the consulting assignment and shall inform the Agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.
4. Maintenance of Independence
4.1 The contracting parties shall be committed to mutual loyalty.
4.2 The contracting parties shall be obligated to take all necessary measures to ensure
that the independence of all persons working for Bechamp (Consultant) and/or of any third parties employed by the Agent is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.
5. Reporting / Obligation to Report
5.1 Bechamp (Management Consultant) shall be obligated to report to the Principal on
the progress of services performed by persons working for the Agent and/or any third
parties employed by the Agent.
5.2 Bechamp (Consultant) shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.
6. Protection of Intellectual Property
6.1 Bechamp (Consultant) shall retain all copyrights to any work done by
the Agent and/or by persons working for the Agent and/or by third parties employed by
the Agent (including but not limited to tenders, reports, analyses, expert opinions,
organization charts, programmes, performance descriptions, drafts, calculations, drawings,
data media, etc.). During the contract period and after termination thereof, the Principal
may use these materials exclusively for the purposes described under the Contract.
Therefore, the Principal shall not be entitled to copy or distribute these materials without
the explicit consent of the Agent (Management Consultant).
6.2 Any violation of this provision by the Principal shall entitle Bechamp (Consultant) to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
7.1 Bechamp (Consultant) shall be entitled and obligated, regardless of
fault, to correct any errors and/or inaccuracies in the Agent’s work which have become
known subsequently. Bechamp shall immediately inform the Principal thereof.
7.2 This right of the Principal expires six months after completion of the respective service.
8. Liability / Damages
8.1 Bechamp (Consultant) shall be liable to the Principal for damages -
with the exception of personal injury – only to the extent that these are the result of
serious fault (intention or gross negligence). Correspondingly, this also applies to damages
resulting from third parties employed by the Agent.
8.2 Any claim for damages on the part of the Principal may only be enforced by law
within six months after those entitled to assert a claim have gained knowledge of the
damage and the liable party, but not later than three years after the incident upon which
the claim is based.
8.3 The Principal shall furnish evidence of the Agent’s fault.
8.4 If Bechamp (Consultant) performs the required services with the help
of third parties, any warranty claims and claims for damages which arise against the third
party shall be passed on to the Principal. In this case, the Principal shall primarily refer to
the third party.
9. Confidentiality / Data Protection
9.1 Bechamp (Consultant) shall be obligated to maintain complete
confidentiality concerning all business matters made known to the Agent in the course of
services performed, especially trade and company secrets and any other information
concerning type and/or scope of business and/or practical activities of the Principal.
9.2 Furthermore, Bechamp (Consultant) shall be obligated to maintain
complete confidentiality towards third parties concerning the content of the work
completed, as well as any information and conditions that contributed to the completion
of the work, particularly concerning data on the Principal’s clients.
Agent had breached confidentiality.
9.4 The obligation to maintain confidentiality shall persist indefinitely even after termination of this Contract.
9.5 Bechamp (Consultant) shall be entitled to use any personal data
10.1 After completion of the services agreed upon, Bechamp (Consultant) shall receive remuneration agreed upon in advance between Bechamp (Consultant) and the Principal. Bechamp (Consultant) shall be entitled to
render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent.
10.2 Bechamp (Consultant) shall render accounts which entitle to deduct input tax and contain all elements required by law.
10.3 Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to the Agent (Management Consultant) by the Principal separately, upon submission of the appropriate receipts.
10.4 In the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by Bechamp (Consultant) for cause, Bechamp (Consultant) shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred.
This shall not apply to any further claims resulting from default of payment.
11. Electronic Invoicing
11.1 Bechamp (Consultant) shall be entitled to transmit invoices electronically. The Principal agrees explicitly to accept invoices transmitted electronically by Bechamp (Consultant).
12. Duration of the Agreement
12.1 This Contract terminates with the completion of the project.
12.2 Apart from this, this Contract may be terminated for good cause by either party at
any time without notice. Grounds for premature termination include the following:
- one party breaches major provisions of the Contract
- one party opens insolvency proceedings or the petition for bankruptcy is denied because
of insufficient assets to cover expenses.
13.1 The contracting parties declare that all information contained herein is accurate
13.2 Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing. This shall also apply to a waiver of this requirement in written form.
and made in good conscience. They shall be mutually obligated to immediately inform the
other party of any changes.
13.3 This Contract is governed by the substantive law of the Republic of Austria excluding the conflict-of-law rules of international private law. Place of fulfilment is the registered business establishment of the Agent (Bechamp). Jurisdiction in all disputes is the court in the place where Bechamp (Consultant) is based.
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