Terms & Conditions

1. Scope of Application

1.1 These Terms & Conditions shall apply to all present and future business relationships, services, offers, consulting assignments and other contractual arrangements between OEZWALD Hospitality Consulting FlexCo ("OEZWALD") and its clients.
1.2 Unless otherwise agreed in writing, these Terms & Conditions shall apply exclusively. Any terms and conditions of the client shall only apply if expressly accepted by OEZWALD in writing.
1.3 These Terms & Conditions are intended for business transactions with entrepreneurs and businesses only. They do not apply to consumer transactions unless expressly agreed otherwise.

2. Services

2.1 OEZWALD provides strategic, conceptual and operational consulting services in the field of hospitality, including but not limited to hospitality strategy, concept development, positioning, feasibility analysis, performance optimisation, repositioning, operator search and related advisory services.
2.2 The specific scope of services shall be defined in the respective offer, proposal, contract, order confirmation or other written agreement between OEZWALD and the client.
2.3 Unless expressly agreed otherwise, OEZWALD does not owe any specific commercial result, success or economic outcome, but only the professional provision of the agreed services.
2.4 OEZWALD shall be entitled to use employees, external consultants, specialist partners or subcontractors for the performance of the agreed services.

3. Offers and Conclusion of Contract

3.1 All offers by OEZWALD are non-binding and subject to change unless expressly designated as binding.
3.2 A contract shall only come into effect upon written confirmation by OEZWALD, signature of a written agreement, or commencement of performance by OEZWALD.
3.3 Amendments, supplements or extensions of the scope of services must be agreed in writing.

4. Client Cooperation Obligations

4.1 The client shall provide OEZWALD in a timely manner with all information, documents, access, contacts and decisions required for the proper performance of the services.
4.2 The client shall ensure that all information and materials provided are complete, correct and up to date.
4.3 Delays or additional work resulting from incomplete, delayed or inaccurate client input may lead to adjustments of timelines, fees and project scope.

5. Fees and Payment

5.1 OEZWALD shall be entitled to the agreed fee as stated in the respective offer, proposal or contract.
5.2 Unless otherwise agreed, all fees are stated net plus applicable statutory VAT.
5.3 Invoices are payable without deduction within 14 days from the invoice date.
5.4 In the event of late payment, OEZWALD shall be entitled to charge statutory default interest and any reasonable costs of collection.
5.5 If services exceed the originally agreed scope, OEZWALD shall be entitled to invoice such additional services separately on a time and material basis or in accordance with a separate agreement.
5.6 Travel expenses, accommodation, third party costs and other out of pocket expenses shall be reimbursed by the client if incurred in connection with the project and not expressly included in the agreed fee.

6. Performance Periods and Deadlines

6.1 Any timelines, deadlines or delivery dates are only binding if expressly agreed in writing.
6.2 Delays caused by circumstances outside OEZWALD’s control, including delayed client cooperation, force majeure, third party dependencies or unforeseen project complexity, shall extend agreed deadlines accordingly.

7. Intellectual Property and Rights of Use

7.1 All concepts, analyses, presentations, strategies, recommendations, texts, visuals, documents, methodologies, know how and other work results prepared by OEZWALD shall remain the intellectual property of OEZWALD unless expressly agreed otherwise in writing.
7.2 Upon full payment of the agreed fee, the client shall receive a non-exclusive, non-transferable right to use the work results for the contractually agreed purpose.
7.3 Any reproduction, modification, disclosure to third parties, publication or use beyond the agreed purpose requires the prior written consent of OEZWALD.
7.4 OEZWALD shall remain entitled to use general know how, experience, methods and concepts developed or applied in the course of the project for other projects, provided that no confidential information of the client is disclosed.

8. Confidentiality

8.1 Both parties shall treat as confidential all non-public business, commercial, operational and strategic information obtained in connection with the project.
8.2 This obligation shall continue beyond the end of the contractual relationship.
8.3 OEZWALD may refer to the client relationship for reference purposes only if this has been agreed or if the client has approved such use.

9. Liability

9.1 OEZWALD shall be liable only for damages caused intentionally or by gross negligence, subject to mandatory statutory provisions.
9.2 Liability for slight negligence is excluded, except in cases of personal injury or where liability cannot be excluded by law.
9.3 OEZWALD shall not be liable for indirect damages, consequential damages, lost profits, pure financial losses, unrealised savings, business interruption or third party claims, unless caused intentionally or by gross negligence.
9.4 Any liability of OEZWALD shall in any case be limited to the amount of the fee paid by the client for the specific project or assignment giving rise to the claim.
9.5 Claims for damages must be asserted in writing without undue delay after the client becomes aware of the damage and the damaging event.

10. Warranty

10.1 The client shall inspect work results without undue delay and notify OEZWALD in writing of any recognisable defects.
10.2 In the event of a justified defect, OEZWALD shall be entitled, at its discretion, to improve, supplement or replace the affected service within a reasonable period.
10.3 Further claims, in particular claims for price reduction or rescission, shall only apply if rectification fails and to the extent permitted by law.

11. Term and Termination

11.1 The contractual relationship shall end upon completion of the agreed services unless a continuing contractual arrangement has been agreed.
11.2 Either party may terminate an ongoing contractual relationship for good cause with immediate effect.
11.3 If the client terminates the project without good cause, OEZWALD shall be entitled to the agreed remuneration for services already rendered and to appropriate compensation for work already performed, committed resources and non-cancellable costs.

12. Force Majeure

12.1 Neither party shall be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, war, strikes, government measures, pandemics, supply disruptions or failures of communication networks.
12.2 In such cases, the affected obligations shall be suspended for the duration of the event and the parties shall coordinate in good faith on the continuation of the project.

13. Data Protection

13.1 OEZWALD processes personal data in accordance with the applicable data protection laws, in particular the GDPR and the Austrian Data Protection Act.
13.2 Further information on the processing of personal data is set out in the Privacy Policy on the website.

14. Applicable Law and Jurisdiction

14.1 All contractual relationships between OEZWALD and the client shall be governed exclusively by Austrian law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
14.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the court having subject matter jurisdiction at the registered office of OEZWALD, provided this is legally permissible.

15. Severability

15.1 Should any provision of these Terms & Conditions be or become wholly or partially invalid, unenforceable or void, the validity of the remaining provisions shall remain unaffected.
15.2 Any invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision.

16. Written Form

16.1 Amendments and supplements to these Terms & Conditions or to individual agreements must be made in writing.
16.2 This shall also apply to any waiver of the written form requirement.