General Terms and Conditions (GTC)
General Terms and Conditions (GTC) of the CMA Carinthian Music Academy GmbH including CANCELLATION FEES, LIABILITY LIMITATIONS, Collection Expenses/Interest
Notice in line with the Austrian Equal Treatment Act: The female form has been omitted within this text to improve readability. We do however want to put emphasis on the fact that our program is equally tailored to both, female and male participants.
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 cma.711.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. Course registration and concert tickets to CMA events
3.1 Early registration will secure your spot. The number of participants at CMA courses is limited in order to ensure that every participant will get the best out of the course. Secure your spot as soon as possible through an early registration! Every registration is legally binding and for courses with a limited number of participants or in case of a required formal application, the date of application or the speaker will decide if the applicant can attend the course. There is no legal claim to a course spot. After we have assessed a possible free spot, we will send you a confirmation of registration. The deadlines for applications and all other information can be found at the website www.die-cma.at.
3.2 Eligibility Requirements: On the website www.die-cma.at you can see whether the participation in a certain course depends on certain criteria or whether a formal application is necessary. The participants need to meet the criteria mentioned on the website.
3.3 Participation Fee and Payment Conditions:The participation fee is to be paid online only and immediately upon registering at www.die-cma.at. Installment payments are possible and can be partly deposited for seminars. In case a participant chooses to enter a course later or leave it early, there will be no compensation for the missed sessions. We reserve the right to take legal action in case of missed payments (installment payments).
3.4. Cancellation Policy: In case you cannot attend a course, you must inform us in written form through email (office-ossiach@die-cma.at) or a letter. Cancellations over the phone are not accepted.
Up until 12 weeks before the start of the course, you have the option for a no-charge withdrawal.
If you cancel 8 weeks before the start of the course, you will have to cover 20% of the fee.
If you cancel 4 weeks before the start of the course, you will have to cover 50% of the fee.
If you cancel 3 weeks before the start of the course, you will have to cover 70% of the fee.
If you cancel 2 weeks before the start of the course, you will have to cover 90% of the fee.
If you cancel during the last six days or on the last day before the start of the course, you will have to cover 95% of the fee.
You also have the possibility to nominate a replacement participant who can take your spot, given that he or she fit into the group. The participant who has registered still remains legally obligated to pay for the course fee.
Attention: These terms also apply in case of illness!
3.5 Withdrawal of Training Contract: In order to ensure a successful participation and course, the CMA GmbH can exclude participants that do not meet the requirements or that have a negative effect on the course progress.
3.6 CMA Concert Tickets (for self-organized events): The ticket is only valid for a one-time entry (unless stated otherwise). Children/young adults and students up until the age of 25 get a discount (ID necessary). Protect your ticket from moisture and staining. Only readable tickets are accepted. We reserve the right to change the date, program and lineup. With the purchase of this ticket, you as a visitor accept the terms and house rules. Without a special permit, all kinds of photography and videography are prohibited. In case of a special permit, the visitor declares his or her consent for the recording of photographs or film material and the use after the event. For cancelled events, tickets have to be bought back within three months. Access for belated guests only permitted during breaks. Please ensure that your mobile phones, watches and other electronic equipment is on silent mode during the concert. Concert tickets cannot be returned or exchanged. With the start of the concert, the service has been officially provided.
4. Prices, Registration Form, Cancellation Policy, Collection Expenses and Interest
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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).
4.5. 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.
5. Lodging
5.1. Accommodation is usually in multi-bed rooms (four-bed or double rooms). CMA decides on the allocation of rooms.
5.2. 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.
5.3. Youth groups shall have a sufficient number of adult management and supervisory personnel in order to stay in-house (Ossiach and Knappenberg).
6. Board
6.1. Meals are usually taken by all customers in Ossiach Abbey/Knappenberg (if necessary, they can also be taken in external quarters).
6.2. Vegetarian meals are possible, but must be requested in the registration form; likewise dietary requirements must be noted in the registration form.
6.3. 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.
6.4. 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.
7. Special Services
7.1. Additional agreed upon special services have an extra charge.
8. Liability of the Customer, Supervisors, Liability Limits
8.1. 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.
8.2. The customer is liable for any damage he causes.
8.3. 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.
8.4. 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.
9. Warranty Modifications
9.1. 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.
9.2. Warranty claims can only be made within 6 months , or in the event that the customer is a consumer, within 2 years.
9.3. Compensation claims are limited to 3 years.
10. Data Communication
10.1. 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).
10.2. 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.
11. Final Provisions, Jurisdiction, Applicable Law
11.1. The customer accepts these GTC, the house rules of the CMA and the applicable pricing structure as a part of the contract.
11.2. 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.
11.3. 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.
11.4. It is agreed that Austrian law shall apply, excluding the UN Sales Convention and the reference rules of the IPRG.
11.5. 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.
12. Version
This version reflects the Terms and Conditions applicable from February 2019.