These Terms & Conditions apply to all contracts, offers, services and other business relations between Summit Hospitality Solutions and its clients in connection with the digital services, website services, content creation, technical implementation, digital guest information, software solutions (including SummitConnect and SummitMoments), templates, checklists and practical working documents offered on this website for hotels, resorts, vacation properties and other hospitality businesses. Deviating terms of the client shall only apply if Summit Hospitality Solutions has expressly agreed to them in text form.
Notice: These T&C apply exclusively to the services offered on this website by Summit Hospitality Solutions. This includes in particular website implementation, online presence, digital guest information, content creation, technical setup, software, digital templates, checklists and practical working documents.
General website content, case examples, descriptions, statements regarding potential benefits or non-binding initial conversations do not constitute a binding service promise, guaranteed outcome or legally binding offer to conclude a specific contract.
These T&C apply to all present and future legal transactions between Summit Hospitality Solutions and the client, even if not expressly referred to again. The basis of cooperation shall be the individual offer, written order confirmation, any other express service agreement or – where applicable – the actual commencement of performance by Summit Hospitality Solutions.
Offers made by Summit Hospitality Solutions are subject to change and non-binding unless expressly designated as binding. A contract shall only be concluded upon written order confirmation, the client’s express acceptance of an offer, or the actual start of service performance.
Non-binding initial conversations, general preliminary coordination, contact requests or appointment scheduling alone do not create any entitlement to the execution of a project or the conclusion of a further contract.
The type, content and scope of services shall be determined exclusively by the relevant offer, order confirmation, individual agreement or any other expressly defined service description. Information on this website serves only as a general description of the field of activity and does not constitute guaranteed characteristics or guaranteed project outcomes.
Summit Hospitality Solutions is entitled to perform services itself, in whole or in part, through independent contractors or suitable third parties. Summit Hospitality Solutions is also entitled to adapt the performance of services to factual, technical, organizational or content-related requirements, provided that the essential contractual purpose is not unreasonably impaired.
Performance periods and deadlines shall only be binding if expressly agreed in writing as binding. Otherwise, they are merely non-binding planning estimates. Delays caused by late cooperation of the client, unclear instructions, missing approvals, technical issues within the client’s sphere or any other circumstances attributable to the client shall extend agreed deadlines appropriately.
Agreed appointments for calls, coordination, technical introductions or other project meetings may be rescheduled by Summit Hospitality Solutions where objectively necessary to a reasonable replacement date. There is no entitlement to performance by a specific individual unless expressly agreed in writing.
Fees shall be governed by the relevant offer, order confirmation or invoice. Unless expressly stated otherwise, all prices are net prices plus applicable taxes and duties. Summit Hospitality Solutions is entitled to request reasonable advance payments, partial invoices and instalments in line with project progress.
Unless otherwise agreed in writing, invoices are due immediately upon invoicing without deduction. Payments shall only be deemed made once irrevocably credited to the business account of Summit Hospitality Solutions.
In the event of late payment, the statutory consequences of default shall apply. The client shall reimburse Summit Hospitality Solutions for all necessary and appropriate costs of legal enforcement, including reminder, collection, information and legal fees, to the extent permitted by law.
Services not expressly included in the agreed scope shall be invoiced separately. This applies in particular to additional coordination, revisions due to changed client instructions, further correction rounds, additional technical setups, additional pages, texts, templates, documentation, on-site appointments and services made necessary by incomplete or delayed cooperation by the client.
Where on-site appointments, travel or other off-site services are agreed, Summit Hospitality Solutions may charge travel time, mileage, accommodation, daily allowances and other necessary expenses separately, unless otherwise stated in the offer.
The services of Summit Hospitality Solutions are provided with the care expected from a professional service business for digital implementation, content, technical solutions and working documents. Unless expressly agreed otherwise in writing, Summit Hospitality Solutions does not owe any specific commercial success, turnover increase, cost reduction in a specific amount, review improvement, booking increase or any other guaranteed operational outcome.
Examples, scenarios, potential benefits or case references shown on this website are for illustration only and do not justify the assumption that identical results will be achieved in the client’s business.
To the extent services are capable of acceptance by their nature, the client shall inspect them without undue delay after delivery or provision and shall notify Summit Hospitality Solutions in text form of any apparent defects or material deviations within 7 days, specifying them concretely. If no timely and concrete complaint is made, the services shall be deemed approved, unless mandatory law provides otherwise.
In the event of justified and timely notified defects, Summit Hospitality Solutions shall first be entitled to remedy them within a reasonable period. Only if such remedy finally fails or is unreasonable shall further claims be considered, to the extent permitted by law.
Summit Hospitality Solutions shall only be liable for damages caused by intent or gross negligence. In cases of slight negligence, Summit Hospitality Solutions shall – except in cases of personal injury – only be liable for breach of essential contractual obligations and only for typically foreseeable damage. Liability for loss of profit, missed savings, indirect damages, consequential damages, pure financial losses, data loss, reputational damage or third-party claims is excluded to the extent permitted by law.
To the extent permitted by law, the total liability of Summit Hospitality Solutions shall be limited to the net contract value of the individual order from which the relevant claim arises.
The final use, publication, approval and application of websites, texts, templates, checklists, digital guest information, technical solutions or other work results remains solely the responsibility of the client. Summit Hospitality Solutions shall not be liable for client decisions, delayed approvals, internal misuse, subsequent changes made by the client or outcomes resulting from incomplete, incorrect or outdated information provided by the client.
All concepts, documents, presentations, structures, texts, templates, checklists, layouts, designs, digital content, technical structures, evaluations, documentation and other work results created by Summit Hospitality Solutions shall remain the intellectual property of Summit Hospitality Solutions even after full payment, unless expressly agreed otherwise in writing.
The client is granted a simple, non-exclusive, non-transferable right to use the work results created for it for its own business purposes and only within the specific contractual purpose agreed. Any transfer to third parties, publication outside the agreed purpose, reproduction, editing, commercial exploitation or use for other businesses, companies or projects is prohibited without prior written consent of Summit Hospitality Solutions.
Both parties undertake to treat as confidential all commercial, operational, technical and financial information of the other party disclosed within the cooperation and to use such information solely for the purposes of the respective contractual relationship. This obligation shall continue to apply after termination of the cooperation.
Summit Hospitality Solutions shall be entitled to name the client as a business reference using the client’s company name, brand and logo, unless the client objects in text form in advance or afterwards and provided no justified confidentiality interests prevent such reference. Confidential project content and sensitive business data shall not be disclosed in this context.
Project-based individual assignments shall end automatically upon complete performance of the agreed services and payment of all outstanding remuneration.
Ongoing projects may be terminated by either party with a notice period of 30 days to the end of a calendar month in text form.
Maintenance agreements are generally concluded for a fixed term of 12 months. Ordinary termination is possible for the first time at the end of the respective contract period and must be submitted in text form at least 30 days before the end of the contractual year.
If the notice period is not observed, the maintenance agreement shall automatically be extended by one additional year. The right to terminate is then extended accordingly to the end of the newly extended contract period under the same notice conditions.
The right to extraordinary termination for good cause remains unaffected. Good cause for Summit Hospitality Solutions shall in particular exist where the client remains in payment default despite reminder, persistently fails to cooperate as required, or seriously impairs the relationship of trust.
Summit Hospitality Solutions shall not be liable for delays, restrictions or failures caused by events beyond its reasonable control. This includes in particular natural events, governmental measures, strikes, communication network failures, cyberattacks, unforeseen IT disruptions, illness, pandemics, transport disruptions or other force majeure events. For the duration and extent of the impact, the affected obligations shall be suspended.
Our Privacy Policy shall apply in its current version.
Austrian law shall apply to the exclusion of conflict-of-law rules and – to the extent permitted by law – to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the client is an entrepreneur, a legal entity under public law or has no general place of jurisdiction in Austria, Salzburg shall be the exclusive place of jurisdiction. Mandatory consumer protection and jurisdiction rules shall remain unaffected for consumers.
Amendments, supplements and collateral agreements to individual contracts should be made in text form for evidentiary purposes. Should any provision of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a legally permissible provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision.