terms & conditions Vanavision e.U.

1. general information/scope of application
1.1 By placing an order, the client accepts the exclusive applicability of the General Terms and Conditions (GTC) of Vanavision e.U. in full. Any deviating agreements must be made in writing to be legally effective. The present General Terms and Conditions of Vanavision e.U. shall take precedence over any terms and conditions of the client or other third parties involved. For contracts, orders and transactions of all kinds, the GTC formulated here shall apply exclusively.

2. limitation of the Supplier’s liability
2.1 The Supplier shall be liable in accordance with the statutory provisions insofar as it, its representatives or vicarious agents are guilty of intent or gross negligence, as well as in the event of culpable injury to life, limb or health. No liability is accepted for defects that are attributable to inaccurate or incorrect instructions from the contractual partner (1168a ABGB). Otherwise, the Contractor shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.
2.2 Liability for damages or reimbursement of expenses is excluded regardless of fault. In particular, the Contractor’s liability for technical errors on the part of Matterport and the portals operated by Google or their websites is excluded.
2.3 All claims for damages (in particular damages in addition to performance and damages in lieu of performance), regardless of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort, are governed by the above paragraphs. This also applies to the claim for reimbursement of futile expenses.
2.4 The above provision does not imply a change in the burden of proof to the detriment of the client.
2.5 Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.

3. ownership of data material – archiving
3.1 Vanavision e.U. shall be entitled to ownership of the data created by Vanavision e.U.. The latter shall provide the contractual partner with the data required for the agreed use and duration of use in return for a fee. At the end of the agreed period of use, Vanavision e.U. shall withdraw the data from all public platforms. Analog prints (photos, plans, data) shall be made available to the client for a fee and exclusively in digital form and shall become the client’s property upon agreement. The data transmitted after full payment (photos, plans) may be used by the client without restriction in terms of time and place, stating the production note “Vanavision e.U.”.
3.2 Vanavision e.U. shall be entitled to label the data with its manufacturer’s name in any way it deems appropriate. The contractual partner is obliged to ensure that the manufacturer’s designation is integrated, in particular in the case of authorized transfer to third parties. If necessary, the manufacturer’s designation must be affixed or replaced. This also applies in particular to all reproduction media created during production.
3.3 Vanavision e.U. shall archive the data for the agreed period of use. Thereafter, these are archived exclusively for internal and advertising purposes of Vanavision e.U.. In the event of loss or damage, the contractual partner is not entitled to any claims.

4. provision of the data
4.1 The Contractor is obliged to ensure the completion of the collected data without unnecessary delay. The Contractor shall complete the collected data within 3 to 5 working days, whereby any delay in the provision of the completed data for unforeseeable reasons shall not be at the Contractor’s expense.

5 Pricing and additional fees
5.1 The prices for our services are stated in individual offers. Pricing is based on factors such as the area of the property, the number of rooms, the level of detail of the tours and the desired additional services.
5.2 Additional fees may apply for certain additional services, such as interactive info points, special textures, VR optimization and user-defined animations. These will be clearly communicated to the customer before the order is placed.
5.3 We reserve the right to change the prices for our services at any time. Price changes do not apply retroactively to contracts already concluded and will be communicated to the customer before a new order is accepted.
5.4 All prices quoted are exclusive of VAT. statutory VAT, unless otherwise stated.
5.5 LFor special requirements or extensive projects, we prepare individual offers that take into account the customer’s specific wishes and requirements.

6. fee
6.1 In the absence of an express written agreement, Vanavision e.U. shall be entitled to a fee according to the respective workload and the respective valid price list/hourly rates of Vanavision e.U. at the time the order is placed.
6.2 The fee shall be due if utilization is omitted or depends on the decision of third parties. In this case, no price reductions shall be granted on the order fee.
6.3 All costs arising from additional orders and subsequently requested changes shall be borne by the client. However, an appropriate price reduction may be requested by the client, whereby the amount of the price reduction shall be determined by Vanavision e.U. in the event of a commitment in this regard.
6.4 A fee of € 99.00 shall be charged for the consultation. However, this fee is only a deposit for our services. If an order is placed, this deposit will be credited in full against the total price. The fee must be paid at least 24 hours before the appointment for the consultation. The recorded data shall remain the property of Vanavision e.U. until the total amount has been paid in full.
6.5 If the project location is within a radius of 30 km, no travel costs shall be incurred by the client. From 31 km a surcharge of € 1.70 per km will be charged.

7. withdrawal
7.1 The Client may only withdraw from the contract within the framework of the statutory provisions if the Contractor is responsible for the breach of duty. In the event of breaches of duty, the Client is obliged to declare within a reasonable period of time after being requested to do so by the Contractor whether it will withdraw from the contract due to the breach of duty or insist on performance. The statutory provisions shall apply to withdrawal from the contract in the event of defects.
7.2 Termination annual amount (hosting) If a service provided is no longer required, the Contractor must terminate the contract in writing, giving one month’s notice. The one-month notice period refers to the date on which the next annual subscription (hosting) is due. If this is not done on time, the annual subscription is automatically extended by a further 12 months. The agreed costs or those according to the Vanavision e.U. price list are to be paid in advance for a period of 12 months.

8. non-performance/compensation
8.1 In the event of non-performance of the contract by the Client, the Contractor shall be entitled to demand 50% of the respective order value as compensation. The Client is entitled to prove that the Contractor has incurred no or significantly lower damages. The Contractor shall be permitted to provide evidence of higher damages.
8.2 Vanavision e.U. reserves the right to make the created data available to the Client only after full payment has been made. If otherwise agreed, Vanavision e.U. reserves the right to immediately withdraw the data from the client and all public platforms in the event of late payment (first reminder plus 10 calendar days). In the event of late payment, the Contractor shall be entitled to demand reminder fees of € 7 per reminder letter as well as default interest of 15 percent above the base interest rate. The client is entitled to prove that the contractor has incurred no or significantly lower damages. The Contractor shall be entitled to provide evidence of higher damages.
8.3 All complaints must be made in writing no later than 14 days after delivery and must include all documents. After expiry of this period, the service shall be deemed to have been provided in accordance with the order. In the event of defects, the contractual partner shall only be entitled to a claim for improvement by Vanavision e.U.. If an improvement is not possible or is rejected by Vanavision e.U., the contractual partner shall be entitled to a price reduction. No liability is accepted for copyright defects. Color differences are not considered a significant defect.

9. Hosting
9.1 The technical requirements for our services are so complex that they are hosted on special servers. Hosting is already included in the scan price for the first 12 months. Consequently, we charge € 45,- (Aphrodite), € 70,- (Artemis), € 99,- (Athene) for 3D hosting from the second year onwards. When booking the Aurora package, the hosting price is determined individually.

10. Postponements
10.1 If the agreed shooting date is canceled or postponed by the client within the last 24 hours before the agreed date or even on the spot at the agreed start, an expense allowance of 30 percent of the order costs will be charged. The client is entitled to prove that the contractor has incurred no or significantly lower damages. The Contractor shall be entitled to provide evidence of higher damages.

11. statute of limitations

11.1 Any claims of the client for breach of contract shall expire within 12 months of acceptance of the service provided. This shall not apply to bodily injury and damage to health and loss of life for which Vanavision e.U. is responsible, in the case of intentional or fraudulent behavior by Vanavision e.U. and in the case of claims under the Product Liability Act and within the scope of quality guarantees given. In the cases referred to in the previous sentence, the statutory limitation periods shall apply.

12. Place of performance; place of jurisdiction
12.1 The place of performance for both parties is the registered office of Vanavision e.U. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship, including actions on bills of exchange and checks, is the registered office of Vanavision e.U..
12.2 This contract and the legal disputes between Vanavision e.U. and the contractual partner are subject to the law of the Republic of Austria to the exclusion of the provisions of international private law (conflict of laws) and the UN Convention on Contracts for the International Sale of Goods.