General Terms and Conditions (GTC) of the
CMA Carinthian Music Academy GmbH
including CANCELLATION FEES, LIABILITY LIMITATIONS, Collection Expenses/Interest
1. General Information, Facilities, Offer
1.1. The Carinthian Music Academy GmbH (hereinafter: CMA) is a registered company under FN 300768g with the Regional Court of Klagenfurt and with its headquarters in the municipality of Ossiach at the business address of 1 Ossiach Abbey, Ossiach 9570. Further information can be obtained on the CMA website at www.die-cma.at .
1.2. The CMA has two main sites - one at Ossiach Abbey and the other at Knappenberg Music Center. It has a
- high-quality music-specific seminar infrastructure in Ossiach (including a recording studio, library/media center, social and communication facilities, a recreation room, office spaces, a customer center with an administrative unit)
- as well as in Knappenberg (rehearsal, concert and lecture hall and seminar rooms, seminar and presentation technology, wireless LAN, mobile devices)
- and at both locations there are a variety of high-quality musical instruments (in particular, brass and percussion instruments as well as several different pianos).
1.3. Open and closed courses are offered at Knappenberg and Ossiach. Open courses are open to anyone who meets the registration criteria; closed courses can be attended by invited participants only.
1.4. Ossiach Abbey offers historic halls (music room - approximately 96 m2, Baroque hall - approximately 164 m2, Ritter hall - approximately. 129 m2, Carinthia sound room - approximately 90 m2) and the new concert hall (approximately 395 m2) as well as 4 group practice rooms (which can also be adapted to seminar rooms) and 9 individual practice rooms.
1.5. All of these premises as well as the instruments (special payment agreements for grand pianos) are available to customers subject to availability and prior approval. This is a service of the CMA and (except for non-pecuniary interest with special agreements) there is no legal claim.
1.6. Right next to Ossiach Abbey there is tourist accommodation run by the CMA with 62 hotel beds in 21 rooms. In Ossiach Abbey there is also a restaurant run by the CMA with about 100 seats.
1.7. The accommodation and meals in the music center Knappenberg are provided by an external partner of the CMA, the JUFA Hotels & Resorts.
2. Travel, Reservations, No Smoking
2.1. On the day of arrival, unless otherwise agreed upon, customers are checked in by employees of CMA starting from 15:00 and are taken to their accommodations or work spaces since reception is not manned around the clock. Rooms are ready starting at 15:00 and must be vacated and keys returned by 10:00 on the day of departure.
2.2. When room keys are issued at the Ossiach Abbey as well as at Knappenberg, a photo ID must be provided as well as a key deposit. If you lose a key, the cost of replacement by a contractor is added as an extra charge to the bill and must be paid within 14 days.
2.3. The customer agrees to keep his respective room locked when he is not in it.
2.4. The occupancy agreement between the CMA and the customer shall be binding upon receipt of a completed and twice signed reservation agreement at the CMA and under the condition of confirmation by the CMA by mail, fax or e-mail.
2.5. Smoking is prohibited in all indoor rooms of the Ossiach Abbey as well as in the Knappenberg Music Center. Smoking is permitted outdoors and there are ashtrays provided.
3. Prices, Registration Form, Cancellation Policy, Collection Expenses and Interest
3.1. The price rates of the respective current price structure of the CMA shall apply. The pricing structure includes complete packages (full board, including use of the infrastructure, instruments [except the concert grand piano] and seminar technology), seminar rooms, meeting rooms, building technician costs, instrument rental for the concert grand piano, accommodation costs and seminar fees).
The pricing structure can always be viewed by and sent to the customer upon request.
3.2. A day rate consists of the fees for accommodation and full board with room use. Customers cannot bring their own bed covers. The actual bill - in addition to any cancellation fees - will be presented, according to the board options (full board, lunch and dinner, lunch, etc.) that are requested no later than two weeks before arrival, after the stay.
Should the minimum accommodation reported in the registration form not be met, 70% of the daily rate per day will be charged to the billee and these amounts are to be paid by the customer.
3.3. Cancellation without a charge is possible up to 8 weeks before the agreed upon date.
With cancellation of the agreed upon date up to 4 weeks before the agreed upon date 20% of the registration total (thus not the total from the reservation form, unless this sum is greater and the additional accommodation according to an increased registration form is accepted by the CMA; accommodations, meals, any fee-based special services, etc.) is payable to the CMA.
With cancellation of an agreed upon date up to 3 weeks before the agreed upon date 50% of the reservation total (see just above) is to be paid.
With cancellation of an agreed upon date up to 2 week before the agreed upon date 70% of the reservation total (see just above) is to be paid.
With cancellation of an agreed upon date up to 1 week before the agreed upon date 90% of the reservation total (accommodation, meals, any fee-based special services, etc.) is to be paid.
With cancellation of the agreed upon date in the last six days before the agreed upon date or on the day of the agreed upon date 95 % of the reservation total (see just above) is to be paid.
3.3. The specific desired need for specific instruments must be requested in writing 2 weeks in advance of arrival. The instruments are then provided to customers according to actual availability. Should a concert grand piano be needed, it is to be paid for according to the current pricing structure and must be agreed upon separately.
The provision of existing and available instruments by the CMA is a service of the CMA, for which there is no legal claim (unless there are separate contractual arrangements made - such as with concert grand pianos).
3.5. With delayed payment the CMA is entitled to monthly collection fees of € 7.50 und interest in the amount of 1% per month, but at least € 2. in interest. If handed over to a collection agency an additional at least € 10.50 is charged. In the event of a delay in payment the customer is obligated to reimburse all costs, expenses and cash expenditures, which arise as appropriate compensation of claims to the CMA. These costs and expenses are to be paid, without prejudice to any cost compensation resulting from a legal process, as well as all extrajudicial costs, in particular the tariff costs of collection agencies and lawyer's fees.
The customer is not entitled to withhold payment if he has no legal right to do so.
4.1. Accommodation is usually in multi-bed rooms (four-bed or double rooms). CMA decides on the allocation of rooms.
4.2. The use of multi-bed rooms for single occupancy is only possible if other booking options are not affected by this. Single rooms are allocated by agreement. Surcharges for single rooms are assessed according to the respective current price structure. If there are not sufficient single rooms available at the Ossiach Abbey or in Knappenberg, the customer in coordination with the course instructor will be lodged in private quarters at the academy price. On request, rooms are also provided in hotels by the CMA subject to availability, where for this service of the CMA there is no legal claim and the costs of the hotel room are paid directly by the customers to the hotel.
4.3. Youth groups shall have a sufficient number of adult management and supervisory personnel in order to stay in-house (Ossiach and Knappenberg).
5.1. Meals are usually taken by all customers in Ossiach Abbey/Knappenberg (if necessary, they can also be taken in external quarters).
5.2. Vegetarian meals are possible, but must be requested in the registration form; likewise dietary requirements must be noted in the registration form.
5.3. For customers who do not want to stay at Ossiach Abbey/Knappenberg, but wish to use the facilities of the Music Academy, a daily fee must be paid, which is provided in the current pricing structure.
5.4. The basic meal times are: Breakfast at 8:00, lunch at 12:30 and dinner at 18:00. With early registration minor changes, as coordinated with the CMA, are possible.
6. Special Services
6.1. Additional agreed upon special services have an extra charge.
7. Liability of the Customer, Supervisors, Liability Limits
7.1. The customer must treat the practice and accommodation facilities and inventory assigned to him by the CMA as well as the entire outdoor area with due care.
7.2. The customer is liable for any damage he causes.
7.3. In relation to the Music Academy, instructors are tasked with supervising their underage students. With any breach of the house and park rules, which can be viewed by customers at any time (e.g. alcohol and drug offenses), the Academy shall, with respect to the quarters, exercise the house right to demand due full payment for the reserved services.
7.4. Customers are liable for loss or damage to their personal property, in particular, they themselves are responsible for their own musical instruments.
It is recommended that the customer not bring objects of special value with him. Furthermore, it is recommended that items the customer brings with him be properly put away.
Liability of the CMA to the customer for all property damage and personal injury is excluded. Insofar as the customer is a consumer under the Consumer Protection Act, this liability exclusion applies only to property damage due to slight negligence.
8. Warranty Modifications
8.1. The customer agrees that the organizer at the place of his claim shall, for a change or price reduction, within a reasonable period provide a defect-free service or improve the inadequate service performance.
This can be remedied in such a manner that the defect is corrected or an equal or higher compensation, with the express consent of the customer, shall be provided.
8.2. Warranty claims can only be made within 6 months , or in the event that the customer is a consumer, within 2 years.
8.3. Compensation claims are limited to 3 years.
9. Data Communication
9.1. The customer agrees that work-related and other correspondence can be passed through the CMA by unencrypted electronic means. The CMA points out that data transmission via e-mail outside the control of the CMA can have security risks (such as virus transmission, data corruption, data loss, third-party access to data).
9.2. The Customer agrees that job-related data or data which will be announced by the customer, is used for the transmission of information-related marketing material from the CMA.
10. Final Provisions, Jurisdiction, Applicable Law
10.1. The customer accepts these GTC, the house rules of the CMA and the applicable pricing structure as a part of the contract.
10.2. The correction of errors, both of printing and calculation errors in the GTC as well as those documents to which the GTC refer, is reserved by the CMA, without being liable for claims of customers with respect to these.
10.3. If one provision of these general terms and conditions is invalid, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with one that comes closest to the economic content of the invalid provision.
10.4. It is agreed that Austrian law shall apply, excluding the UN Sales Convention and the reference rules of the IPRG.
10.5. The place of performance for services is in the Ossiach 9570 area Ossiach and in the Knappenberg 9376 Knappenberg area. The competent court for 9020 Klagenfurt am Woerthersee is agreed upon as the place of jurisdiction, if the customer is a businessman.
11. State of the GTC
The state of these GTC are as of May 2014.