GENERAL TERMS AND CONDITIONS

General Terms and Conditions (GTC) for the service of Celine Blochberger

 

  1. scope of application

The present General Terms and Conditions (GTC), in their valid version at the time of conclusion of the contract, apply to the services and services organized by Celine Blochberger (hereinafter: “Organizer”) and the respective participant of the service (hereinafter: “Participant”). Deviating terms and conditions of the Participant are not recognized by the Organizer.

 

2. Contractual Partner

Contractual partner of the participant is 

 

Celine Blochberger BSc

Anichstraße 24 Top 8

A – 6020 Innsbruck

 

Phone: +43 664 1147531

 

e-mail: hi@celineblochberger.com

 

 

  1. order and conclusion of contract

The services presented on the website of the organizer, in particular the courses offered, do not constitute legally binding offers. They only serve as a suggestion for the viewer to make an offer to the organizer to conclude a contract for the participation in a course or the use of a service, hereinafter referred to as “contract”.

 

With the transmission of a completely filled out registration form or a complete purchase transaction via the store, if necessary including the declaration of consent of the legal guardian(s) (in writing or by e-mail) or verbal announcement of all necessary information, if necessary including the declaration of consent of the legal guardian(s) constitutes a legally binding offer to the organizer to conclude a contract. The contract is only concluded with the transmission of a booking confirmation or confirmation by the organizer.

 

If the content of the booking confirmation differs from the content of the registration, a new offer for the conclusion of a contract exists, to which the organizer is bound for a period of 10 days. The contract shall be concluded on the basis of this new offer if the participant confirms this offer in writing within this period.

 

 

  1. prices and payment modalities

All prices announced on the website and in other documents of the organizer are inclusive of the statutory Austrian value added tax of currently 20%. Payment of the contract shall be made immediately, or at the latest by the due date stated in the booking confirmation.

 

Should there be a delay in payment, interest on arrears in the amount of 5% p.a. is due.

 

  1. services

The contractually agreed services result from the service descriptions on the website of the organizer and from the associated information in the booking confirmation. The information published on the website is not binding for the organizer and can be changed by the organizer at any time. The participant shall be expressly informed of any changes that occur between the time the offer is made by the participant and the time the booking confirmation is issued by the organizer. This may result in a new offer by the organizer, as stated under point 3 of these general terms and conditions.

 

  1. service and price changes

If changes or deviations of individual services from the agreed content of the contract become necessary after conclusion of the contract from the point of view of the organizer, these are permitted insofar as the changes or deviations are not significant.

 

The organizer will inform the participant immediately of any changes or deviations in services. If necessary, the organizer will offer the participant a free rebooking or a free cancellation.

 

In the event of a significant change to the agreed service, the participant is entitled to withdraw from the contract without incurring any costs. If the participant wishes to make use of this right of withdrawal, the declaration of withdrawal must be made to the organizer within 3 days of notification of the significant change, otherwise the participant shall be deemed to have agreed to the change in the agreed service.

 

 

  1. legal right of withdrawal

 

Cancellation Policy:

 

The buyer can withdraw from a contract concluded with the organizer or a submitted contract declaration within 14 days without giving reasons, provided that the participant is a consumer.

 

The withdrawal period begins on the day of the conclusion of the contract. The withdrawal period is met if the declaration of withdrawal is sent within the 14-day period.

 

The declaration of withdrawal is not bound to any particular form, but the written form is recommended.

 

Consequences of exercising the right of withdrawal:

 

If the participant withdraws from the contract, the payments already made by the participant will be immediately refunded to the participant by the organizer. The refund of the payments already made by the participant will be made by transferring the amounts already paid to the bank account provided by the participant. Any transfer charges incurred shall be borne by the organizer.

 

Exceptions to the right of withdrawal:

 

There is no right of withdrawal in particular:

 

  • if the participant is not a consumer within the meaning of § 1 para 1 no. 2 KSchG, i.e. the participant is someone for whom the transaction is part of the operation of his business;
  • if the organizer had started to fulfill the contract before the expiration of the withdrawal period and the contract had already been completely fulfilled. This is based on an express request by the participant that the organizer begin fulfilling the contract before the expiration of the withdrawal period, as well as a confirmation by the participant that he/she is aware of the loss of the right of withdrawal in the event of complete fulfillment of the contract.

 

  1. other right of withdrawal, rebooking

 

Notwithstanding the legal right of withdrawal according to point 7 of this contract, the participant is entitled to withdraw from the concluded contract at any time against payment of the cancellation costs listed below.

 

In case of exercise the right of withdrawal, the participant must send a declaration of withdrawal by mail or e-mail to the following address or contact the organizer by telephone.

 

by phone:

 

+43 664 1147531

 

by mail:

 

Celine Blochberger BSc

Anichstraße 24 Top 8

A – 6020 Innsbruck

 

by e-mail:

 

hi@celineblochberger.com 

 

In case of cancellation by the participant, the organizer is entitled to charge the following cancellation fees:

 

up to 30 days before the start of the trip: 15% of the agreed total price

  • from 29 days before the start of the trip: 30% of the agreed total price
  • 21 days or more before departure: 50% of the agreed total price
  • 14 days or more before departure: 75% of the agreed total price
  • in case of no-show: 90% of the agreed total price

 

The date of receipt of the cancellation notice by the organizer is decisive.

 

If, at the request of the participant, changes are made after the booking of a service with regard to the date, destination, place, start of the trip or mode of transport, the organizer is entitled to charge a fee of € 30.00 (rebooking fee).

 

  1. Cancellation and termination by the organizer

 

The organizer may terminate the contract with immediate effect if the participant persistently disturbs the performance of the agreed service despite a warning by the organizer or if he/she behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. In this case, a refund of the agreed fee by the participant is excluded or the organizer is entitled to payment of the entire agreed fee.

 

The organizer can withdraw from the contract up to 1 week before the start of the agreed service if the advertised minimum number of participants is not reached. A fee already paid by the participant will be refunded within 14 days.

 

 

  1. cancellation of the contract after the start of the service provision.

 

If the performance of the agreed service is considerably impeded, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both the organizer and the participant shall be entitled to dissolve the contract with immediate effect. In this case, the organizer shall be entitled to that aliquot share of the agreed total price which corresponds to the ratio of the service already rendered (e.g. if the contract is terminated after 1 of 2 event days: 1/2 of the total price). In addition, the organizer is entitled to demand reasonable compensation for the services still to be provided for the termination of the agreed service (e.g. return transport).

 

The organizer is obliged to take the necessary measures, in particular – if the contract includes return transportation – to transport the participant back.

 

 

11 Liability of the organizer, limitation of liability

 

The organizer is liable for:

 

  • the conscientious preparation of the agreed service
  • with regards to the selection and instruction of substitutes (in particular supervisors, mechanics, tour/technical guides), the organizer shall only be liable for due diligence.

 

The organizer shall not be liable for any damage caused by the participant to himself/herself, to the entrusted equipment or to other persons during the performance of the agreed service.

 

The services carried out by the organizer mainly take place in open terrain under partly difficult to very difficult conditions. Unfavorable weather conditions, such as rain, snow, fog or dust can make the conditions even more difficult.

 

The driving technique courses carried out place high demands on the material as well as the physical fitness and driving technique of the participants at every skill level. Each participant is therefore requested to take part in the courses only with properly maintained sports equipment and the usual/prescribed safety equipment and to realistically assess their own ability.

 

Since accidents and damages can never be completely excluded in the risky sport of mountain biking, the following applies to participation in the courses and services provided by the organizer:

 

The organizer is not liable – with an exception of personal injury – for damages, as long as the damages are not based on an intentional or grossly negligent behavior of the organizer, their legal representatives or their vicarious agents and the behavior causing the damage does not affect the organizer from the concluded contract main obligations. This exclusion of liability does not apply to completely unforeseeable or atypical damages that the participant could not have expected.

 

 

  1. offsetting prohibition

 

The participant may only set off counterclaims that are legally related to the organizer’s claim, that have been determined by a court or acknowledged by the organizer, and in the event of the organizer’s insolvency.

 

 

  1. data protection notice

 

The organizer only collects personal data that is necessary for the execution and processing of the contract. The data processing is thus carried out on the legal basis of Art. 6 para 1 lit b) DSGVO (contract performance). The person responsible for data processing is:

 

Celine Blochberger BSc

Anichstraße 24 Top 8

A – 6020 Innsbruck

 

Phone: +43 664 1147531

 

E-mail: hi@celineblochberger.com

 

As a data subject within the meaning of the DSGVO, the participant has the right to information about his stored personal data, its origin and recipient and the purpose of data processing, as well as a right to rectification, data transfer, objection, restriction of processing and blocking or deletion of incorrect or inadmissibly processed data.

 

The participant has the right to revoke any consent given for the use of his/her personal data.

 

If the participant is of the opinion that the processing of his/her personal data by the organizer violates the applicable data protection law or that his/her data protection claims have been violated in any other way, he/she has the possibility to complain to the competent supervisory authority. In Austria, the data protection authority is responsible for this.

 

Personal data is protected by appropriate organizational and technical precautions. These precautions relate in particular to protection against unauthorized, illegal or even accidental access, processing, loss, use and manipulation.

 

However, the organizer assumes no liability for the disclosure of information due to errors in data transmission not caused by the organizer and/or unauthorized access by third parties (e.g. by hacker attack, etc.).

 

In order to fulfill the contractual relationship, it may also be necessary to forward the participant’s data to third parties. Such forwarding of data will only be done in accordance with the DSGVO.

 

The data will not be stored for longer than is necessary for the fulfillment of contractual or legal obligations and for the defense of any liability claims.

 

 

  1. consent to contact for advertising purposes

 

The participant expressly consents to the organizer contacting the participant by e-mail, in particular in the form of a newsletter, in order to inform the participant about new services and events of the organizer. The participant may revoke this consent at any time by e-mail, by mail or by telephone. In addition, the Participant may also revoke his/her consent by clicking on the “Unsubscribe from Newsletter” button in a newsletter sent to him/her.

 

 

  1. Consent to the use of image and video material

 

Image and video material (in particular photos and videos, interviews of the participants, etc.), which has been created in the course of the implementation of the agreed service, may be published by the organizer in any form and in any medium. The participant expressly agrees to the publication of such image and video material and the associated processing of his/her personal data, without being required to pay a fee for this.

 

 

  1. Place of performance and jurisdiction

 

If the participant is an entrepreneur within the meaning of § 1 (1) (1) of the Austrian Consumer Protection Act (KSchG), all disputes arising from or in connection with the contractual relationship with the organizer shall be subject to the exclusive jurisdiction of the competent court at the organizer’s place of business.

 

The place of performance for deliveries, services and payments shall be the organizer’s place of business.

 

 

  1. Applicable Law

 

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers who do not have their habitual residence in Austria, their national mandatory consumer law provisions shall apply if these are more favorable to the consumer than the respective Austrian provisions.

 

 

  1. model terms and conditions

 

The organizer (hereinafter referred to as Model) is entitled to demand a deposit of 50% for a booking of one day or more (8 hours), a longer arrival or a longer-term booking. The fee is due as soon as between the model and the customer a contract in the sense of these terms and conditions has come into being. The client agrees that the model is engaged only in the context of assignments that do not violate law and order in any way. Regular working hours for models are in the period from Monday to Friday from 09:00 clock – 18:00 clock. For photo productions, video & film productions, a half working day consists of 4 hours, a full working day consists of 8 hours. Outside the regular working hours, as well as on Saturdays, Sundays and holidays, 50% of the working fee will be added. The fashion assignment time begins with the arrival of the model at the agreed location at the agreed time. The time for preparations (makeup, hairstyling, fitting, etc.) counts as assignment time. Reasonable breaks are to be planned by the customer. Hours that have already begun are to be rounded up to the next full hour. In case of non-compliance with the agreed working hours, each additional hour will be charged with €120,-. Exceeding the working hours up to 30 minutes will not be charged as a gesture of goodwill. Fixed bookings are binding for the customer and the model. At the request of the customer, they are to be confirmed immediately in writing by the respective business partner, stating the essential details. Special conditions and special requirements are to be defined exactly in advance. For advertising jobs must be consulted in advance with the model to avoid, for example, advertising conflicts.

 

 

18.1 Cancellations

Without good cause, a cancellation of a firm booking by the customer must be made as many working days before the start of the assignment as the assignment and travel days have been booked. However, cancellation must be made at least three working days before the start of the assignment. In case of a timely cancellation, 50% of the agreed model fee is to be paid. In case of cancellation of a confirmed booking within 5 working days before job date 50%, within 3 working days before job date 100% of the agreed fee plus incurred expenses will be charged. A cancellation must be submitted in writing by 4:00 p.m., otherwise the cancellation will fall on the following day. If the cancellation is made by the model, the model will make every effort, if necessary, to find an adequate replacement for the client.

 

18.2 Security / risk taking

The client undertakes to arrange for all necessary precautions and also to ensure that these are implemented and adhered to. To avoid accidents of any kind and to protect the life as well as the health and property of the model. In the case of particularly high-risk assignments, the client must take out appropriate risk insurance for the model at his own expense. If the client has not expressly informed the model of the risk to be taken when booking or has concealed it, the model is entitled to cancel the fashion assignment. In this case, a cancellation fee of 80% of the agreed model fee and the reimbursement of expenses, expenses and travel expenses will be charged. The model fee for half-day bookings is at least 60% of the daily fee plus the statutory sales tax for models resident at the location. Half-day bookings of models traveling separately as well as hourly bookings require a separate agreement.

Costs for ski passes and other tickets of any kind, if they are necessary for the model to get to the place where the fashion assignment is to take place, are to be paid by the client and may not be deducted from the model’s fee. Should the model take care of hair and makeup themselves, this may be charged with an additional €160,-. Weather-related bookings are only possible at the location of the model and must be expressly designated as such. Unless otherwise agreed, these are fair weather bookings. From the third postponement of the date 50% of the fee will be added. The invoices issued by the Model are to be paid immediately upon receipt of the invoice, without deductions, to the bank account notified. In case of late payment the: The first payment reminder is free of charge, the second and third reminders will be charged with reminder fees in the amount of €15.

 

18.3 Reimbursement of travel days / travel expenses

In the case of trips that did not take place, travel expenses such as airline or train tickets, as well as travel, board and lodging expenses incurred by the model traveling to the location shall be borne by the client. Reimbursement shall be made either as a lump sum according to the standard tax rates per day of use. If the model travels by car, the reimbursement will be made according to the legal mileage rate, unless otherwise agreed upon at the time of contract conclusion. If the model travels to the location by public transport (flight, train, bus, etc.), the resulting costs are to be reimbursed by the client. Travel times will be charged from 300km with 50% of the daily fee plus expenses incurred. Jobs that take place outside of Tyrol will be charged with a 20% surcharge.

 

18.4 Complaints / Liability

In case of complaints in connection with the model, the customer has to inform immediately and in written form and to give the reasons for the complaint. Photographs are to be taken as proof of the complaints. The model is not responsible for hairstyling, styling and makeup. In case of culpable delay of the model, the model has to extend the assignment time accordingly.

 

18.5 Rights of use

Unless expressly agreed otherwise, the agreed model fee shall grant the rights of use to the recordings, which arise in the course of the fulfillment of a contract arranged by the agency, exclusively to the client with whom the model has concluded the same contract for work and services, for one year EU-wide for the agreed product, the agreed purpose and the agreed form of use. Unless otherwise agreed, the one-year period begins with the actual use, but no later than 2 months after the creation of the recordings.

Any further use, whether for additional years or other forms of use, in particular for posters, billboards, packaging, displays, videos, flyers, catalogs, PR material, Internet and all other graphic and digital media, as well as any use of the name or stage name of the model, requires the express written consent of the agency and the model. There is no right of the client to exclusivity of the model without a corresponding written agreement.

As long as all agreed fees and commissions have not been paid, the rights of use shall be deemed not to have been transferred, whereby use of the recordings before full payment is inadmissible. Test and trial shots of unpaid photos may not be published without the model’s consent. In the event of ambiguity as to whether or not test or trial shots exist, the model shall be entitled to the model fee.

 

18.6 Final provisions

Austrian law shall apply between the parties to these General Terms and Conditions. The place of performance for all obligations in connection with rights of use is the registered office of the Model. The client undertakes to make changes or additions to the booking agreements only after prior consultation with the model. Agreements deviating from these conditions must in any case be made in writing in order to be valid. The validity of these General Booking Conditions shall not be affected by any invalidity of individual provisions. In place of an invalid provision, the provision that comes as close as possible to the intended purpose shall be deemed to have been agreed. The same applies to the filling of contractual gaps. As place of jurisdiction for all disputes arising directly between the agency and the client, the court locally and factually responsible for the seat of the model is agreed.

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