Terms and Conditions for Members and Sponsors

of the association EULEAD – European Club for Excellence in Leadership and Management

Towards. 04

Scope:

The present General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between the association EULEAD - European Club for Excellence in Leadership and Management (hereinafter referred to as "EULEAD") and the contractual partners/customers/participants (hereinafter referred to as "contractual partners "). EULEAD declares that it will only act and conclude contracts in accordance with these GTC, unless otherwise expressly agreed in writing in individual cases. Deviating, conflicting or supplementary general terms and conditions of the contractual partner do not become part of the contract, even if they have not been expressly contradicted.

General notice:

EULEAD is a non-profit association within the meaning of the Associations Act and is registered under the
ZVR number: 410076887 registered in the central register of associations of the Federal Ministry of the Interior. In particular, EULEAD offers seminars in the field of leadership and management (hereinafter referred to as “event”).

Conclusion of contract/registration:

  • EULEAD memberships are exclusively subject to change and non-binding. We reserve the right to make any changes of any kind. By registering for membership, the contractual partner makes a binding declaration of his contractual offer. Unless otherwise stated for the respective membership, registrations must be made in writing using an EULEAD form template, by post or via the homepage www.eulead.at. The registration is only accepted when EULEAD sends a confirmation of membership by e-mail, fax or post to the contractual partner.
  • Registrations will be considered by EULEAD in the order in which they are received.

RIGHT OF WITHDRAWAL FOR CONSUMERS

The following applies to long-distance and external transactions in the sense of the long-distance and external transactions law:
The contractual partner has the right to revoke the concluded membership contract or sponsorship services within fourteen days without giving reasons. The cancellation period begins on the day the contract is concluded. In order to exercise the right of withdrawal, the contractual partner must send a clear declaration (e.g. by means of a letter sent by post or e-mail) to EULEAD (c/o Herbst Kinsky Rechtsanwälte GmbH, 1010 Vienna, Dr.-Karl-Lueger- 5th place, +43 664 3134741, office@eulead.at). The contractual partner can use the attached model cancellation form on the EULEAD website at www.eulead.at. To meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be sent before the cancellation period has expired.

Consequences of the cancellation: If the contracting party revokes the contract in a timely manner, EULEAD shall only reimburse the payments made by EULEAD in connection with the revocation, which EULEAD has received from him, immediately and at the latest within fourteen days from the day on which EULEAD received notification of the revocation of the contract has been received. For this repayment, EULEAD uses the same means of payment that the contractual partner used in the original transaction, unless something else was expressly agreed with the contractual partner; under no circumstances will the contractual partner be charged any fees for this repayment. If the contractual partner withdraws from a contract for a service after he has declared his request for the early provision of the service during the cooling-off period and EULEAD has then started to fulfill the contract during the cooling-off period, the contractual partner must pay an amount that is compared to the contractually agreed total price proportionately corresponds to the services provided by EULEAD up to the point of revocation.

If membership or sponsorship is not revoked/terminated in a timely manner, EULEAD will not reimburse payments already received.

Payment deadlines:

All prices quoted are in EURO excl. VAT. Membership fees or other fees must be paid within 10 working days without any deductions after receipt of the invoice.

delay:

In the event of a delay in payment, EULEAD is entitled to charge interest on arrears at a rate of 9,2% pa above the base interest rate last announced by the European Central Bank and to charge its own reminder costs of EUR 4,00/reminder.
The contracting party further undertakes to reimburse EULEAD for the costs and expenses actually incurred as a result of its default in payment and for appropriate legal prosecution. These include, without prejudice to an obligation to reimburse costs under procedural law, in particular the out-of-court costs, dunning costs, the costs of a debt collection agency (in accordance with the remuneration due in the ordinance of the BM f. economic matters on the maximum rates of debt collection agencies, BGBl 141/96, according to § 4 para . 2 of this Ordinance valorized remuneration for debt collection services), as well as the costs of intervening lawyers insofar as they were expedient and necessary.

Liability:

  • To the extent permitted by law, EULEAD and its vicarious agents are only liable, regardless of the legal reason (pre-contractual, contractual, non-contractual), if damage was caused by EULEAD through gross negligence or intent. In the event of slight negligence, EULEAD is only liable for personal injury.
  • EULEAD accepts no liability whatsoever for indirect damage, consequential damage (due to defects) and loss of profit on the part of the contractual partner.
  • EULEAD assumes no liability for any damage of any kind whatsoever,
    according to § 1319 and 1319a ABGB, as well as before, during or after an event.
  • The contractual partner undertakes to indemnify and hold harmless EULEAD against claims by third parties.
  • The contractual partner undertakes to treat the premises made available to EULEAD in the context of events with care, their facilities, utensils and other objects. He undertakes to compensate for damage caused by improper handling.

Rejection/exclusion of contractual partners:

  • EULEAD is entitled to reject the membership or sponsorship of individual contractual partners without giving reasons.
  • EULEAD reserves the right to exclude contractual partners from further membership in the event of scientific misconduct, violation of the house rules or safety regulations, violation of laws or good morals. Fees paid will not be refunded, there is no right to a refund. Further claims are excluded.

Severability clause:

Invalid provisions of these General Terms and Conditions do not affect the validity of the remaining provisions. In the event of the ineffectiveness of a clause in these General Terms and Conditions, the contracting parties agree to replace it with an effective one that comes as close as possible to the meaning and purpose of the ineffective provision.

Applicable law, place of jurisdiction:

For all disputes arising from or in connection with these GTC or all legal relationships between EULEAD and the contractual partner, Austrian law shall apply exclusively, excluding the conflict of law provisions of the IPR and the UN Sales Convention. For all legal disputes, the jurisdiction of the competent court in Vienna is agreed. In the case of consumers within the meaning of the Consumer Protection Act, the statutory regulations apply.

Final Provisions:

Changes, supplements and ancillary agreements to these GTC must be made in writing to be valid; this also applies to the departure from the requirement of written form. The terms and conditions apply to consumers (iSd KSchG) only insofar as they are not subject to mandatory regulations of the Consumer Protection Act, BGBI. No. 140/1979.