General terms and conditions (Allgemeine Geschäftsbedingungen) governing consulting engagements with Eloria - Hospitality Consulting GmbH.
These terms and conditions apply to all consulting, revenue management and performance-reporting services provided by Eloria Hospitality Consulting GmbH, 6020 Innsbruck, Austria ("Eloria"), to its business clients. They apply exclusively; deviating terms of the client are only valid if expressly agreed to in writing.
A binding engagement is formed once both parties have signed a written or electronic service agreement, or once Eloria confirms an order in writing following an initial consultation. Descriptions of services on this website are non-binding and do not constitute a contractual offer.
The specific scope of services (for example system selection and setup, revenue management and pricing, market and competitor analysis, distribution and channel strategy, performance dashboard access, or ongoing support) is defined individually in the applicable service agreement. Eloria may adjust the scope of a specific engagement by mutual written agreement with the client.
Fees are agreed individually per engagement and stated in the relevant offer or service agreement, plus statutory value-added tax. Unless otherwise agreed, invoices are payable within 14 days of the invoice date, without deduction. In the event of late payment, Eloria is entitled to charge statutory default interest.
The client agrees to provide Eloria with timely access to the information, data and systems reasonably required to perform the agreed services (for example PMS, channel manager or booking engine access, and relevant performance data). Delays caused by missing cooperation may extend agreed timelines accordingly.
Unless otherwise agreed, engagements run for the term specified in the service agreement and may be terminated by either party in writing, subject to the notice period stated therein. The right to terminate for good cause (wichtiger Grund) remains unaffected.
Both parties agree to treat all business and technical information obtained in connection with the engagement as confidential, and not to disclose it to third parties without prior written consent, except where disclosure is required by law.
Reports, dashboards, pricing recommendations and other materials prepared by Eloria specifically for the client may be used by the client for its own business purposes upon full payment of the corresponding fees. Eloria retains all rights to its underlying methodologies, templates and general know-how.
Eloria provides its services with due professional care based on the information made available by the client. Recommendations relating to pricing, distribution or system selection are decision-support in nature; final commercial decisions remain with the client. Eloria's liability for slightly negligent breaches of duty is excluded to the extent permitted by law; liability for intent and gross negligence remains unaffected.
Neither party is liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, or significant disruptions to telecommunications or IT infrastructure.
These terms and any engagement entered into under them are governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is the competent court in Innsbruck, Austria, to the extent legally permissible.
Should any provision of these terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic intent of the original provision.
Eloria reserves the right to amend these terms and conditions for future engagements. The version published on this website at the time an engagement is confirmed applies to that engagement.