DISCLAIMER: This translation into English of the GT&C is provided for informational and convenience purposes only and is not legally binding.
1.1. These General Terms and Conditions (hereinafter referred to as “GT&C”) apply to all agreements concluded with MAKE MY DAY.
1.2. These GT&C govern the use of the services (hereinafter referred to as “Services”) by the bride and groom (hereinafter referred to as “Customers”) that are offered by MAKE MY DAY as well as the resulting rights and obligations of MAKE MY DAY and of the Customers.
1.3. By initially accepting services from MAKE MY DAY, the Customers shall acknowledge the applicability of these GT&C.
1.4. Deviation from the GT&C shall only be valid if this has been agreed to beforehand in writing with an authorised representative of MAKE MY DAY.
1.5. MAKE MY DAY shall ensure that its applicable GT&C, as amended, are available to read and download on its homepage www.make-my-day.at. Any verbal side agreements between MAKE MY DAY and the Customers shall be null and void.
CHANGES TO THE GT&C
2.1. MAKE MY DAY shall be entitled to change these GT&C at any time.
2.2. MAKE MY DAY shall inform its Customers separately of any changes made to the GT&C by posting a notice on its homepage www.make-my-day.at, specifying the publication date of the amended GT&C and the current version of the GT&C. In addition, MAKE MY DAY shall inform the Customers of the amended GT&C prior to the conclusion of the agreement.
2.3. The new GT&C shall enter into force thirty days after they have been published on the homepage by MAKE MY DAY.
2.4. The GT&C valid at the time of conclusion of the agreement shall apply to any agreements that have already been concluded.
DESCRIPTION OF THE SERVICES
3.1. The Services offered to the Customers by MAKE MY DAY contain a wide range of offerings, starting with the planning and organisation of the wedding, through to attending to
the bride and groom and their guests on the actual day of the wedding.
3.2. The range of Services offered by MAKE MY DAY include the provision of
(a) an initial meeting subject to a charge that involves extensive consultation (“Initial Meeting”); further consultations can be arranged with the Customers (“Follow-Up Meetings”) for an additional charge;
(b) Services in accordance with the service packages (“Wedding Packages”) offered by MAKE MY DAY as well as
(c) additional services (“Additional Services”) that are not included in the Wedding Packages offered by MAKE MY DAY but which may be incorporated into the relevant Wedding Packages subject to the consent of MAKE MY DAY (“Enhanced Wedding Packages”).
3.3. The relevant Wedding Package, any Additional Services and thus the specific scope of the service provision shall be initially determined by both Parties when the Customers place the order with MAKE MY DAY.
PROVISION OF THE SERVICES
4.1. Services offered and to be provided by MAKE MY DAY
4.1.1. The Customer shall acknowledge that MAKE MY DAY will only provide consulting, organisation and support services to the Customers as part of its activities. Any services going beyond this scope shall be provided by third parties in accordance with Item 4.2.
4.1.2. The provision of these Services shall be covered by the remuneration to be paid to MAKE MY DAY.
4.1.3. The Services provided by MAKE MY DAY shall remain the property of MAKE MY DAY until payment has been received in full. This shall apply in particular to Services that are intellectual property of MAKE MY DAY. Therefore, until these Services have been paid for, the Customers shall not be entitled to implement or have third parties implement the concepts or schedules etc. created by MAKE MY DAY and provided to the Customer or to exploit these in any other way for their own benefit.
4.2. Services to be provided by third parties
4.2.1. The Customers shall acknowledge that the Wedding Packages and Enhanced Wedding Packages offered by MAKE MY DAY include services that are provided by third parties and/or cooperation partners (hereinafter referred to jointly as “Third Parties”).
4.2.2. Third-party services refer to services that are not provided by MAKE MY DAY. In relation to these services to be provided by Third Parties, the Customers shall, by signing the GT&C, consent to the commissioning of Third Parties by MAKE MY DAY in its name and on its own account with the performance of the Services defined in the Wedding Package or Enhanced Wedding Package chosen by the Customers, insofar as MAKE MY DAY deems necessary for the performance of its Services. Unless otherwise agreed between MAKE MY DAY and the Customers, MAKE MY DAY shall be responsible for selecting the Third Parties. Third Parties may be commissioned verbally, in writing or by e-mail.
4.2.3. The Customers shall acknowledge that they will become contractual parties of the Third Party as a result of the commissioning. Therefore, MAKE MY DAY shall not be liable to the Customers for Services that are provided improperly, not at all or on time by the Third Party commissioned. By signing the GT&C, the Customers shall agree to this liability exclusion.
CONCLUSION OF THE AGREEMENT
5.1. The Services offered by MAKE MY DAY on its homepage and specified in Item 3.2. shall not be binding and shall merely constitute an invitation to the Customers to submit a
corresponding proposal to MAKE MY DAY. The acceptance or rejection of the Customers’ proposal shall be exclusively at MAKE MY DAY’s discretion.
5.2. If MAKE MY DAY is interested in accepting the proposal, MAKE MY DAY shall contact the Customers within 14 days from receipt of the proposal in order to set a date for the meeting for the clarification of the contractual content. If this period expires without success, the Customers shall no longer be bound to their proposal.
5.3. Unless an express written agreement to the contrary is made, MAKE MY DAY shall consider itself bound to its written proposal on the provision of Services sent to the Customers only after 4 weeks has passed since the submission of the proposal. Any assumptions expressed by the Customers to MAKE MY DAY shall constitute a new proposal for the conclusion of an agreement. The acceptance or rejection of the Customers’ new proposal shall be exclusively at MAKE MY DAY’s discretion. Item 5.2 shall apply analogously.
5.4. Proposals sent to the Customers may be accepted verbally, in writing or by e-mail.
5.5. The Customers shall be obligated, with the exception of the use of the Initial Meeting or of Follow-Up Meetings, to sign a written contractual document on MAKE MY DAY’s premises within 14 days following the acceptance of the proposals specified in Items 5.1 and 5.3.
6.1. The charges for the services offered by MAKE MY DAY according to Item 3.2 can be found on its homepage www.make-my-day.at. Customers shall also be informed again of the current prices prior to conclusion of the agreement.
6.2. All prices shall be gross and shall include the statutory value added tax.
6.3. The charges for the Wedding Packages offered are flat rate charges inclusive of value added tax.
6.4. The Initial Meeting offered by MAKE MY DAY shall be subject to a flat rate charge and any Follow-Up Meetings shall be charged on an hourly basis. If the implementation of a Wedding Package or an Enhanced Wedding Package is commissioned, the Initial Meeting charged to the Customers shall be deducted from the order total.
6.5. MAKE MY DAY shall be entitled to bill cash outlays such as travel expenses (outside of Vienna, Austria) or copying costs, etc. separately.
7.1. The invoices issued by MAKE MY DAY to the Customers shall be due for payment within 7 days of receipt thereof.
7.2. If the Customers commission MAKE MY DAY with the implementation of a Wedding Package or an Enhanced Wedding Package, the Customers shall be obligated, on submission of an invoice, to pay to MAKE MY DAY within ten days of signing the contractual document an advance payment amounting to 50% of the existing order total at this time plus VAT.
7.3. The invoices issued by MAKE MY DAY to the Customer shall be deemed accepted unless the Customer submits written objections against the invoices within two weeks of receipt thereof.
7.4. MAKE MY DAY shall be entitled to the contractual remuneration due if the wedding cannot take place, cannot take place on the agreed date or cannot take place in the contractually agreed manner as a result of a circumstance for which MAKE MY DAY is not responsible.
THE CUSTOMERS’ DUTIES TO COOPERATE
8.1. During the preparation of the wedding and the actual wedding itself, the Customers undertake to provide MAKE MY DAY with all useful information necessary for MAKE MY DAY to
provide the Services (e.g., in relation to the guests’ seating allocation and wedding table decoration etc.) and to provide MAKE MY DAY with access to the rooms in or premises on which the
wedding celebrations or any other activities in relation to the wedding are to take place. If the Customers violate these duties to cooperate, MAKE MY DAY shall be entitled to terminate the
agreement and demand compensation from the Customers if the Customers finally refuse to cooperate or refuse to cooperate following a prior period of time granted for fulfilment of the
8.2. MAKE MY DAY has concluded cooperation agreements with various companies that offer wedding-related services “(Cooperation Partners”). The list of Cooperation Partners can be viewed on MAKE MY DAY’s homepage www.make-my-day.at. The Customers shall instruct the Cooperation Partners they have commissioned to send to MAKE MY DAY copies of the invoices covering Services that are associated with the implementation of the agreement. If a Cooperation Partner refuses to send the invoices, the Customers undertake to forward to MAKE MY DAY copies of the invoices that they have received from the Cooperation Partner in question.
9.1. If, following successful cancellation of the Service or the exertion of the right of withdrawal on the part of the Customers, the specific contractual Service is provided by the Customers themselves or by a Third Party without the involvement of MAKE MY DAY but with the use of the upstream services provided by MAKE MY DAY, the Customers shall undertake to pay to MAKE MY DAY a contractual penalty amounting to half of the gross charge for the Wedding Package or Enhanced Wedding Package ordered.
9.2. The upstream services provided by MAKE MY DAY shall be deemed used if, instead of the Customers, the Customers’ relatives or Third Parties who are to be attributed to the Customers’ and/or the Customers’ relatives sphere of responsibility make use, either in whole or in part, of the upstream services provided by MAKE MY DAY or exploit these for their own benefits.
WITHDRAWAL AND TERMINATION
10.1. Withdrawal on the part of the Customers
10.1.1. The Customers shall generally have the right, under the conditions set forth in Items 10.1.2 to
10.1.4., to withdraw at any time from an agreement concluded with MAKE MY DAY as regards the Services specified in Item 3.2. Notice of withdrawal must be submitted to MAKE MY DAY in writing.
10.1.2. If the Customers withdraw from a Wedding Package or an Enhanced Wedding Package, the cancellation fee shall be based on the specified date of the wedding. The cancellation fee shall amount to 50% of the agreed order total for cancellations up to eight weeks before the known date of the wedding and 90% of the agreed order total for cancellations up to one week before the specified date of the wedding; in the event that cancellations are made within less than one week before the known date of the wedding, the full order sum shall be charged.
10.1.3. If hourly billing has been agreed upon, MAKE MY DAY shall offset all of the hours worked up to the cancellation date.
10.1.4. If an Initial Meeting has been arranged with MAKE MY DAY, the Customers shall provide notice of cancellation no later than 24 hours prior to the set date of the meeting. In all other respects, the Customers shall bear the costs for this Initial Meeting. The same shall apply if Follow-Up Meetings are cancelled.
10.2. Termination by MAKE MY DAY
MAKE MY DAY may terminate the agreement at any time without notice (termination for good cause without notice) if (i) the Customers do not fulfil their payment obligations despite having been sent a reminder and (ii) in the case of the occurrence of an event according to Item 8.1 of this agreement. In the event of termination, any and all of MAKE MY DAY’s claims asserted against the Customers with respect to remuneration for the Services provided up to the termination date and all claims for damages shall remain unaffected.
DEFAULT IN PAYMENT
11.1. If the Customers default on a payment, MAKE MY DAY shall charge interest amounting to eight percentage points per annum in accordance with Section 1 (1) of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB).
11.2. The assertion of further claims for damages arising from a default in payment shall remain unaffected.
WARRANTY AND CLAIMS FOR DAMAGES
12.1. MAKE MY DAY shall warrant its Services in accordance with the statutory provisions.
12.2. Warranty claims asserted against MAKE MY DAY shall be excluded if plans of or express instructions issued by MAKE MY DAY are violated by (i) the Customers and/or Third Parties commissioned with the provision of Services by MAKE MY DAY in the name and on behalf of the Customers and/or Third Parties whose actions are attributed to the Customers. This shall also apply to the improper performance of the order by Third Parties. The same shall apply to mistakes that are attributable to information, recommendations and instructions given by the Customers.
12.3. MAKE MY DAY shall be liable for damage it has caused itself or that has been caused by its employees only in cases of intent or gross negligence. Liability for slight negligence shall be excluded in accordance with Section 6 (1) No. 9.
12.4. The Customers shall assert any and all warranty claims and claims for damages against Third Parties and Cooperation Partners that are based on the Services provided by them directly against the Third Parties and Cooperation Partners and shall bear the costs for said assertion.
13.1. The Customers may only offset claims against MAKE MY DAY if the Customers’ counterclaims result from a contractual relationship with MAKE MY DAY.
13.2. In addition, the Customers shall only be entitled to assert counterclaims against MAKE MY DAY if these are legally enforceable or if they have been acknowledged by MAKE MY DAY.
14.1. All of the Customers’ data submitted to MAKE MY DAY shall be subject to data protection and MAKE MY DAY shall only forward this data to Third Parties for the purpose of fulfilling the contractual obligations. By signing the agreement, the Customers shall consent to the forwarding of their data to Third Parties.
14.2. By signing the agreement, the Customers shall also consent to the saving of their data in MAKE MY DAY’s internal customer data system.
15.1. By specifying their postal address and e-mail address, the Customers shall agree to receive by e-mail information and advertising material sent by MAKE MY DAY.
APPLICABLE LAW, PLACE OF JURISDICTION
16.1. Austrian law shall apply to all legal relations that result from the use of the Services offered by MAKE MY DAY.
16.2. The statutory places of jurisdiction shall apply to any and all legal disputes with consumers within the meaning of the Consumer Protection Act who reside or normally reside in Austria or are employed in Austria.
Last revised: 2016