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1. SCOPE OF APPLICATION 1.1 These General Terms and Conditions (hereinafter “GTC”) of the
AUSTROTEL HOTELBETRIEBSGESMBHBREITE GASSE 9, A-1070 VIENNA WELCOME@HOTEL-GILBERT.AT
with company register number 69884x of the Commercial Court of Vienna (hereinafter referred to as “Austrotel”) apply to all business relations with Austrotel HotelbetriensGesmbH (“Austrotel”).
on accommodation, event and/or hospitality contracts. Only the relevant part of the GTC shall apply depending on the type of contract. In the case of mixed contracts, that section shall apply which is characteristic of the contract. The provisions on the scope (point 1), the definitions (point 2) and the overarching provisions (point 38) shall apply to all contracts subject to the GTC. Any (general) conditions of the guest are excluded.
2. DEFINITIONS
2.1 “Accommodation”: The letting of hotel premises by Austrotel to the guest on a rental basis; unless expressly agreed otherwise, it shall not include the right to sublet or sublet again or the use for purposes other than accommodation.
2.2 “Accommodation Agreement”: The contract concluded with Austrotel with the focus on accommodation.
2.3 “Ordering Party” means a natural or legal person who places an order.
2.3 “Order”: Application for the conclusion of a contract with Austrotel. .
2.4 “Hospitality
Provision/serving of food and beverages by Austrotel.
2.5 “Hosting contract
Is the contract concluded with Austrotel with a focus on hospitality.
2.6 “electronic mail”: Any text, voice, sound or image message sent over a public communications network that can be stored on the network or on the recipient’s terminal equipment until it is retrieved by the recipient.
2.7 “Guest”: A natural person who makes use of accommodation or hospitality at Austrotel or is a participant in an event. Persons accompanying the guest (e.g. family members, friends, etc.) shall also be deemed to be guests.
2.8 “rented rooms”: The hotel premises exclusively let by Austrotel on a rental basis; mutatis mutandis, the provisions on rented premises shall also apply to hotel premises not exclusively let.
2.9 “reserved rooms”: The hotel rooms ordered and allocated by Austrotel, which become rented rooms from the start of the accommodation. 2.5.22
2.10 “Entrepreneur”:
This term is to be understood in the sense of the Consumer Protection Act 1979 as amended.
2.11 “Consumer”: This term is to be understood in the sense of the Consumer Protection Act 1979 as amended.
2.12 “Event Studies
A natural or legal person who becomes or is a contractual partner of Austrotel in an event contract.
2.13 “Event Contract”:
A contract between Austrotel and a contracting party for the rental of conference, banquet and other rooms for the purpose of events such as conferences, banquets, meetings, seminars, trade fairs, gala and sporting events, “closed societies” and the like, as well as for all further services and supplies by Austrotel in connection therewith.
2.14 “Contracting party”:
Natural or legal person who concludes one of the contract types defined herein with Austrotel.
Austrotel concludes accommodation contracts exclusively on the basis of these GTC, points 3 to 14 inclusive.
3. CONCLUSION OF THE CONTRACT – DOWN PAYMENT
3.1 The accommodation contract shall be concluded by the express acceptance of the order by Austrotel. In the event of the use of Austrotel’s homepage or booking platforms, the contract shall be concluded in accordance with the procedure specified therein.
3.2 Austrotel shall be entitled to conclude the accommodation contract on condition that a deposit is paid. In this case Austrotel shall be obliged to point out the required deposit before accepting the order. If the contracting party agrees to the down payment, the accommodation contract shall be concluded upon receipt of this declaration of consent by Austrotel. In this case, the deposit shall be paid at the latest 7 days (received) before the start of the accommodation. The deposit shall be a partial payment of the agreed remuneration.
3.3 If the guest and the contracting party are not identical, the contracting party shall also be liable for the guest and obligations entered into by the guest.
3.3 Austrotel shall have the right to refuse orders or to accept them only in part, even without giving reasons.
4. CANCELLATION OF THE ACCOMMODATION CONTRACT – CANCELLATION FEE
4.1 The contracting party may withdraw from the accommodation contract by unilateral declaration no later than 48 hours before 2 p.m. of the agreed arrival day without paying a cancellation fee. Within this period, a withdrawal by unilateral declaration of the guest is only possible upon payment of a cancellation fee in the amount corresponding to the remuneration for one day for all booked services.
4.2 Irrespective of arrival, the rooms shall remain reserved until 12.00 noon of the day following the agreed day of arrival and shall be charged accordingly by Austrotel; thereafter there shall be no obligation to provide accommodation. A deposit shall be offset against this rental charge irrespective of occupancy, and the remaining amount shall be refunded within 21 working days.
4.3 If the guest cannot appear at Austrotel on the day of arrival because all reasonable possibilities of arrival are impossible due to unforeseeable, extraordinary, important reasons for which the guest is not responsible or which lie in the person of the guest (e.g. extreme snowfall, floods etc.), the contracting party shall not be obliged to pay the agreed remuneration for the day of arrival; it shall be 2.5.22
incumbent on the contracting party to prove the circumstances to Austrotel without being requested to do so. The obligation to pay the fee for the booked stay shall be revived as of the date of arrival. 4.4 The accommodation contract may be terminated by Austrotel by unilateral declaration without substitution no later than two months before the agreed date of arrival.
5. START AND END OF THE ACCOMMODATION
5.1 The guest shall have the right, if Austrotel does not commit itself to any other the reserved rooms from 2.00 p.m. on the agreed day of arrival.
5.2 If a room is used for the first time before 6.00 a.m., the previous night shall count as the first overnight stay. night counts as the first overnight stay.
5.3 The rented rooms shall be vacated by the guest by 12.00 noon on the agreed day of departure. Austrotel shall be entitled to invoice for each additional day if the rented rooms are not vacated or cleared in due time.
6. PROVISION OF ALTERNATIVE ACCOMMODATION
6.1 Austrotel may provide the guest with adequate substitute accommodation (same standard) if there is factual justification.
6.2 An objective justification shall be given, for example, if the reserved rooms have become unusable, if there is an overbooking for which Austrotel is not grossly responsible or if other important operational measures necessitate this step.
6.3 Any additional expenses incurred by the guest for the substitute accommodation shall be borne by Austrotel.
7. RIGHTS AND DUTIES OF THE GUEST
7.1 By concluding an accommodation contract, the guest shall acquire the right to the usual use of the rented rooms and facilities of Austrotel, which shall be accessible to the guests for use in the usual manner and without special conditions, and to the usual service; insofar as services are advertised separately with price lists, the price resulting from the current lists shall be owed for use by the guest.
7.2 Unless expressly agreed otherwise with Austrotel, the guest shall have no claim to the letting of specific rooms.
7.3 The guest shall comply with the posted Austrotel guidelines (“House Rules”).
7.4 The guest shall be obliged to pay Austrotel the agreed remuneration plus any additional amounts which have arisen due to separate use of services by him and/or the persons accompanying him, plus statutory value added tax, duties and cash expenses no later than at the time of departure.
7.5 The guest and the orderer shall be liable to Austrotel for any damage which the guest or other persons who are present in the hotel with the knowledge or will of the guest, irrespective of the respective fault. This shall apply in particular with regard to damage in rented rooms which cannot be attributed to normal wear and tear; e.g. fire holes, broken mirrors, hotel property taken away, etc. shall be compensated.
8. RIGHTS AND OBLIGATIONS OF AUSTROTEL 2.5.22
8.1 Austrotel is obliged to provide the agreed services to an extent corresponding to its standard. Special services of Austrotel which are subject to award and which are not included in the accommodation charge are – as far as available – exemplary:
8.1.1 Food and drinks, unless booked at the same time as the accommodation contract;
8.1.2. Sauna, fitness room, use of parking space, etc;
8.1.3 Provision of additional beds or children’s beds;
8.1.4 Provision of internet access, minibars, PayTV (Premiere);
8.1.5 Ironing and washing services.
8.2 Insofar as a parking space is made available to the guest by Austrotel – even if against payment – this shall not constitute a custody contract; Austrotel and its people shall only be liable for damage in connection with the vehicles in the event of gross negligence.
8.3 Austrotel shall have the right to invoice or interim invoice at any time.
8.4 If payment of Austrotel’s claim arising from accommodation and catering as well as its expenses is refused or if the debtor is in default therewith, Austrotel shall be entitled to the statutory right of retention pursuant to Section 970c ABGB (Austrian Civil Code) as well as the statutory right of lien pursuant to Section 1101 ABGB (Austrian Civil Code) in respect of the items brought in by the guest, whereby it shall be prima facie established that all items brought into the rooms rented by the guest are in the guest’s unencumbered ownership. Austrotel shall furthermore be entitled to this right of retention and lien as security for any claims for compensation of any kind.
9. ANIMAL HUSBANDRY
9.1 Animals may only be brought into the hotel with the prior consent of Austrotel and, if necessary, against special remuneration. In Vienna, the bringing of animals is not permitted in any case.
9.2 The guest who brings an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his expense. Animals are not allowed in the seminar, social, restaurant and wellness areas.
9.3 The guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance which also covers damage caused by animals. Proof of the corresponding insurance shall be provided to Austrotel upon request. The guest or his insurer shall be jointly and severally liable to Austrotel for any damage caused by animals brought along. The damage shall in particular also include those compensation payments which Austrotel is obliged to make to third parties.
10. EXTENSION OF ACCOMMODATION OR SERVICES
10.1 If the guest notifies Austrotel in good time of his wish to extend the stay or other services, Austrotel may accept the offer to extend the accommodation contract or service contract. Austrotel shall in any case not be under any obligation or the guest shall have no claim to the extension of the stay or any other service.
10.2 If the guest is unable to leave the hotel on the day of departure because all reasonable possibilities of departure are blocked or unusable due to unforeseeable, extraordinary, important circumstances for which the guest is not responsible or for which the guest is personally responsible (e.g. extreme snowfall, floods, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this period shall only 2.5.22
be possible if the guest is unable to make full use of the services offered by Austrotel as a result of the extraordinary circumstances. Austrotel shall be entitled to demand at least that remuneration which corresponds to the price normally charged in the low season.
11. TERMINATION OF THE ACCOMMODATION CONTRACT – EARLY TERMINATION
11.1 If the accommodation contract was concluded for a definite period of time, it shall end upon expiry of time.
11.2 If the guest departs prematurely, Austrotel shall be entitled to demand the full agreed remuneration. Austrotel shall deduct what Austrotel saves as a result of the non-utilisation of the services offered or what was obtained by letting the rooms ordered elsewhere. A saving shall only be deemed to exist if Austrotel is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room was let to other guests after the departure of the guest. The burden of proof shall be on the guest.
11.3 Austrotel shall be entitled to terminate the accommodation contract with immediate effect for good cause, in particular if
11.3.1 the guest makes considerably detrimental use of the rented rooms or by his inconsiderate, offensive or otherwise grossly improper behaviour makes Austrotel or Austrotel’s people or third parties living in the hotel uncomfortable to live with or is guilty of a punishable offence against property, morality or physical integrity towards these persons, whereby attempt and reasonable suspicion shall suffice;
11.3.2 the guest raises the justified suspicion that the smooth operation of the business, the safety or the reputation of the hotel or Austrotel in the public may be substantially endangered by his use of the hotel services;
11.3.3 the guest is afflicted with a contagious disease or a disease that exceeds the period of the period of accommodation, or otherwise becomes in need of care;
11.3.4 the guest or the contracting party does not pay the submitted invoices when due despite setting a grace period of one day;
11.3.5 the guest or contractual partner becomes insolvent or there is reasonable suspicion thereof.
11.4 If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure (e.g. acts of God, strike, lockout, official orders, etc.), Austrotel shall be entitled to dissolve the accommodation contract at any time without observing a period of notice, unless the contract is already considered dissolved according to the law or Austrotel is released from its obligation to provide accommodation. Any claims for damages etc. on the part of the guest arising therefrom shall be excluded.
12. ILLNESS OR DEATH OF THE GUEST
12.1 If a guest falls ill during his stay, Austrotel shall arrange for medical care at the request of the guest. In case of imminent danger, Austrotel shall arrange for medical care even without the special request of the guest, in particular if this is necessary and the guest is not able to do so himself.
12.2 As long as the guest is not in a position to make decisions or the guest’s Austrotel shall arrange for medical treatment at the expense of the guest. However, the scope of these care measures shall end at the time when the guest is able to make decisions or the relatives have been notified of the case of illness. 2.5.22
12.3 Austrotel shall be entitled to compensation from the guest or, in the event of death, from the guest’s legal successor, in particular for the following costs: Unpaid doctor’s fees, costs for ambulance transport, medicines and remedies, room disinfection which has become necessary, linen, bed linen and bed furnishings which have become unusable, otherwise for the disinfection or thorough cleaning of all these items, restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or the death, room rent, insofar as the room was occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc., any other damages incurred by Austrotel. Any other damages incurred by Austrotel.
12.4 The death of a guest shall terminate the contract with Austrotel, whereby the above shall remain unaffected. The contract shall not end if the guest has concluded the accommodation contract for several guests.
13. PRICES, PRICE ADJUSTMENT AND TERMS OF PAYMENT
13.1 All prices are inclusive of the respective statutory value added tax and duties and refer to the respective applicable unit (persons, days, portions, glasses, bottles, etc.).
13.2 If the period between the order and the performance of the contract exceeds four months as agreed and if the price generally charged by Austrotel for such services increases, Austrotel shall be entitled to increase the agreed price appropriately, but by a maximum of ten per cent. The prices may furthermore be changed by Austrotel if the guest makes changes in the order, in particular with regard to the number of guests or the rental period.
13.3 Payment and deposits are due without deduction and without discount. The costs for the money transaction (e.g. transfer charges) shall be borne by the guest in any case. For credit and debit cards, the respective conditions of the card companies apply.
13.4 Austrotel is not obliged to accept foreign currencies. If such are accepted, they shall be accepted in payment at the daily rate of exchange, if possible. Should Austrotel accept foreign currencies or cashless means of payment, the guest shall bear all associated costs, such as enquiries with credit card companies, etc.
13.5 All payments by the guest shall be made when due, failing which interest on arrears shall be payable at the statutory rate. The guest undertakes to bear all costs associated with the collection of Austrotel’s claims, in particular the necessary costs of appropriate out-of-court enforcement and collection measures, insofar as these are in reasonable proportion to the claim pursued.
14. LIABILITY OF AUSTROTEL
14.1 Austrotel shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the guest. Austrotel shall, however, only be liable if the items have been handed over to Austrotel or to people authorised by Austrotel or have been brought to a place instructed or designated for this purpose by Austrotel. Austrotel shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the guest does not deposit his belongings at the special place of storage provided for this purpose, Austrotel shall be released from any liability.
14.2 Austrotel shall likewise only be liable for valuables, money and securities up to a maximum of the amount determined by law in each case. Austrotel shall only be liable for damage exceeding this amount in the event that these items were taken over for safekeeping with knowledge of their condition or in the event that the damage was grossly caused by Austrotel or Austrotel’s people. The safekeeping of valuables, money and securities may be refused by Austrotel without reason, in particular, however, if the objects in question are considerably more valuable than guests usually give into safekeeping. 2.5.22
14.3 Items forgotten by the guest in the hotel shall not be deemed to have been stored by Austrotel or brought in by the guest, but shall be kept ready for collection by the guest for a maximum of three months.
14.4 Austrotel’s liability – also with regard to pre-contractual and/or ancillary contractual obligations, wake-up orders, message and mail transmission, etc. – shall be excluded in any case for slight negligence, insofar as this does not concern personal injury to the guest. Loss of profit, consequential damage and indirect damage shall not be compensated under any circumstances. The liability sum is limited to the value of the contract sum, but in any case to the liability insurance sum. Any fault on the part of the guest shall be taken into account in any case.
14.5 In any case, Austrotel’s liability shall be excluded if the guest does not immediately report and certify the damage incurred to Austrotel from the time of knowledge. Moreover, these claims shall be asserted in court within one year of knowledge or possible knowledge by the guest.
14.6 Austrotel may offer its guests with a valid accommodation contract the use of a fitness and sauna area. The liability regulation (in particular point 14.4) of the accommodation contract shall also apply to the use of the fitness and sauna area.
Austrotel concludes event contracts with contractual partners exclusively on the basis of these GTC, items 15 to 24 inclusive.
15. CONCLUSION OF THE CONTRACT – DOWN PAYMENT
15.1 Subject to item 15.2, the event contract shall be concluded by the express acceptance by the contracting party of the offer made by Austrotel. Deviations and amendments as well as supplements added by the contracting partner shall only become subject matter of the contract if they are expressly confirmed by Austrotel. In particular, silence on the part of Austrotel shall not be deemed to be consent.
15.2 Austrotel shall be entitled to offer/conclude the event contract on condition that a deposit is paid. If the contracting party agrees to the down payment, the down payment shall be paid at the latest 7 days (received) after conclusion of the contract and the contract shall only be concluded upon receipt of the down payment by Austrotel. The down payment is a partial payment on the agreed remuneration.
16. SUBJECT MATTER OF THE EVENT CONTRACT
16.1 Austrotel undertakes towards the contracting party to render the services agreed in the individual case. These shall in any case include the provision of premises, e.g. for seminars, meetings, presentations, conferences and other events and shall be provided exclusively for the respectively agreed purposes of the event, unless Austrotel has expressly approved an alternative use of the premises in the individual case. By concluding the event contract, the contracting party shall acquire the right to the usual use of the booked premises, but not of Austrotel’s other facilities. Further services may consist in particular in the provision/serving of food and beverages and the rental of technical equipment.
16.2 The transfer or subletting of the leased premises to third parties as well as the use of the leased premises by third parties free of charge shall not be permitted without Austrotel’s express approval to be granted in advance.
16.3 The booked premises must be returned to Austrotel on the last calendar day of the event at Austrotel cleared of the organiser’s own belongings and those of his guests. If this is not the case for reasons for which the contracting party and/or the guests attributable to him are responsible, Austrotel 2.5.22
shall be entitled to arrange for the rooms to be vacated at the expense of the contracting party. Further claims for damages by Austrotel shall remain unaffected thereby. Cleaning costs in respect of soiling of the event premises beyond the usual extent shall be charged to the contracting party in an appropriate additional amount.
16.4 The contracting party may only bring objects such as superstructures, information signs and the like into the event premises by agreement with Austrotel and himself or through authorised tradesmen. These objects shall be brought in strictly in accordance with Austrotel’s instructions (in particular, no emergency exits may be blocked, walls or glass surfaces may be pasted up or the like) and only for the agreed duration. These items shall comply with the statutory provisions. The contracting party shall indemnify and hold Austrotel harmless for damages and claims caused by disregard of this provision. Objects brought into the event rooms by the contracting party before, after and during the event shall be located there at the risk of the contracting party. Austrotel shall not be liable for loss, destruction and/or damage. Austrotel shall be entitled to remove items left behind at the expense and risk of the contracting party, to destroy them and/or to have them stored at the expense of the contracting party, unless it is documented that these items will be stored for a defined period of time for the contracting party against separate payment.
16.5 Insofar as food and beverages are provided by Austrotel, the contracting party shall be obliged to announce the selected menu/buffet on the basis of Austrotel’s offer at the latest 14 days before the start of the event. Otherwise Austrotel shall be entitled to determine the menu/buffet independently.
16.6 In the event that guests of the contracting party disturb other guests of Austrotel or other events taking place at Austrotel through improper behaviour or endanger persons or objects, Austrotel shall be entitled to expel these guests from the event premises. An agreed minimum consumption shall also be charged in full in this case.
17. CANCELLATION OF THE EVENT CONTRACT – CANCELLATION FEE
17.1 The contracting party is entitled to withdraw from the contract against payment of a cancellation fee.
17.2 The contracting party shall expressly declare the withdrawal to Austrotel.
17.3 Depending on the time of receipt of the notice of cancellation by Austrotel, the following cancellation fees shall apply:
17.4 In the event of a no-show, 100% of the agreed total fee shall be payable.
17.5 Austrotel shall be entitled to withdraw from the event contract with immediate effect for good cause, in particular if
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17.6 Austrotel’s withdrawal shall not give rise to any claim for damages on the part of the contracting party, except in cases of gross negligence or intent on the part of Austrotel.
18. CHANGES TO THE NUMBER OF PARTICIPANTS OR THE EVENT TIMES
18.1 If a number of participants has been agreed, the contracting party shall be obliged to notify the change in the number of participants without delay. In the event of deviations downwards of more than 15%, Austrotel shall be entitled to withdraw from the contract. The contracting partner shall nevertheless be obliged to pay the cancellation fee in accordance with item 17. Deviations upwards shall require Austrotel’s consent.
18.2 Insofar as individual services are to be provided by Austrotel per guest participating in the event, in particular meals, the contracting party shall be obliged to notify changes prior to the event. Notification in accordance with item 18.1 shall also apply with regard to this item 18.2. Depending on the time of receipt of the notification by Austrotel, the following cancellation charges shall result in the event of deviations downwards with regard to the item “meals per person”:
a) from 4 weeks before the start of the event 50%
b) from 2 weeks before the start of the event 75%
c) from 1 week before the start of the event 100%
Deviations upwards can only be announced in accordance with item 18.1 at the latest 1 week before the start of the event. Austrotel shall not be liable for the procurement of additional food and beverages.
18.2 If the agreed starting or closing times of the event are postponed, Austrotel shall be entitled to charge the contracting party for the additional costs of readiness to perform.
19. RIGHTS AND OBLIGATIONS OF THE ORGANISER
19.1 By concluding an event contract, the organiser shall acquire for himself and his guests the right to the usual use of the rented rooms and facilities of Austrotel, the services agreed in addition and to the usual service.
19.2 The organiser and his guests shall comply with the posted Austrotel guidelines (“House Rules”).
19.3 The organiser shall be obliged to pay Austrotel’s invoices within 14 days of receipt without deduction.
19.4 The organiser shall be liable to Austrotel for any damage caused by him, his employees and his guests as well as other persons who are present in the hotel with the knowledge or will of the organiser, irrespective of the respective fault. This shall apply in particular with regard to damage in rented rooms which cannot be attributed to normal wear and tear and damage to the inventory; e.g. fire holes, broken mirrors, hotel property taken away, etc. shall be replaced.
19.5 Before the start of the event, the organiser shall inform Austrotel of a contact person who shall be present for the entire duration of the event.
20. RIGHTS AND DUTIES OF AUSTROTEL
20.1 Austrotel shall be obliged to provide the agreed services to an extent corresponding to its standard.
20.2 If payment of Austrotel’s claim arising from the event contract is refused or if the debtor is in default therewith, Austrotel shall be entitled to the statutory right of lien in accordance with § 1101 ABGB (Austrian Civil Code) on the items brought in by the organiser, whereby it shall be prima facie 2.5.22
established that all items brought into the rooms rented by the organiser are the unencumbered property of the latter. Austrotel shall furthermore be entitled to this lien as security for any claims for compensation of any kind.
21. PRICES, PRICE ADJUSTMENT AND TERMS OF PAYMENT
21.1 All prices are inclusive of the respective statutory value added tax and duties and refer to the respective applicable unit (persons, days, portions, glasses, bottles, etc.).
21.2 If the period between the conclusion of the contract and the performance of the contract exceeds four months as agreed and if the price generally charged by Austrotel for such services increases, Austrotel shall be entitled to increase the agreed price appropriately, but by a maximum of ten per cent. The prices may furthermore be changed by Austrotel if the organiser makes changes in the order, in particular with regard to the number of guests or the rental period.
21.3 Payment and deposits are due without deduction and without discount. The costs for the money transaction (e.g. transfer charges) shall be borne by the guest in any case. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
21.4 Austrotel is not obliged to accept foreign currencies. If such are accepted, they shall be accepted in payment at the daily rate of exchange where possible. Should Austrotel accept foreign currencies or cashless means of payment, the guest shall bear all associated costs, such as enquiries with credit card companies, etc.
21.5 All payments by the guest shall be made when due, failing which interest on arrears shall be payable at the statutory rate. The guest undertakes to bear all costs associated with the collection of Austrotel’s claims, in particular the necessary costs of appropriate out-of-court enforcement and collection measures, insofar as these are in reasonable proportion to the claim pursued.
22. LIABILITY OF AUSTROTEL
22.1 Austrotel shall only be liable for property brought in by the organiser and his guests if the property has been handed over to Austrotel or to people authorised by Austrotel.
22.2 Items forgotten by the organiser or his guests in the hotel shall not be deemed to have been stored by Austrotel, but shall be held for collection for a maximum of three months.
22.3 Austrotel’s liability shall in any case be excluded for slight negligence, unless personal injury to consumers is involved. Loss of profit, consequential damage and indirect damage shall in no case be compensated. The liability sum is limited to the value of the contract sum, but in any case to the liability insurance sum. Any fault on the part of the organiser or guest shall be taken into account in any case.
22.4 In any case, Austrotel’s liability shall be excluded if the organiser does not immediately report and certify to Austrotel the damage that has occurred from the time of knowledge. Moreover, such claims shall be asserted in court within one year of knowledge or possible knowledge by the organiser.
23. TECHNICAL EQUIPMENT AND CONNECTIONS
23.1 Unless otherwise agreed with Austrotel, the contracting party shall be obliged to use Austrotel’s technical equipment and connections. The connection of own technical equipment shall only be possible with Austrotel’s consent.
23.2 The contracting party shall notify Austrotel of the required technical equipment and connections at the latest 14 days before the start of the event. If the contracting partner does not comply with this obligation, he shall be responsible for any resulting defects and cannot assert any claims against Austrotel in this respect. 2.5.22
23.3 If further equipment is required in addition to the technical equipment available, this shall only become the subject matter of the contract by inclusion in the event contract.
24.5 Faults in the equipment provided by Austrotel shall be remedied immediately if possible. Malfunctions for which Austrotel is not responsible shall not entitle the contracting party to a price reduction. Austrotel shall not be liable for the compatibility of connections and equipment provided by Austrotel with equipment provided by the organiser.
24. OFFICIAL APPROVALS
24.1 All official notifications and/or permits required to hold an event shall be obtained by the contracting party at its own expense and shall be submitted to Austrotel no later than 14 days before the start of the event.
24.2 If, for whatever reason, official penalties are imposed on Austrotel because the contracting party has not made a report or obtained a permit, the contracting party undertakes to indemnify and hold Austrotel harmless.
Austrotel shall conclude hospitality contracts with contractual partners exclusively on the basis of these GTC, items 25 to 32 inclusive.
25. CONCLUSION OF A CONTRACT
25.1 The catering contract shall be concluded by Austrotel’s acceptance of the order, also verbally, at the latest with the commencement of catering. In the event that Austrotel’s homepage or booking platforms are used, the contract shall be concluded in accordance with the procedure laid down therein.
25.2 If the guest and the contracting party are not identical, the contracting party is also liable for the guest and obligations entered into by the guest.
25.3 Austrotel shall have the right to refuse orders or to accept them only in part, even without giving reasons.
25.4 When making reservations, the contracting party must provide its full name (company), address and contact (telephone number and/or e-mail address), as well as the number of guests to be catered for and the time of arrival.
26. SUBJECT MATTER OF THE MANAGEMENT CONTRACT
26.1 The object of the catering contract is the catering with food and beverages.
27. WITHDRAWAL FROM THE HOSTING CONTRACT – CANCELLATION FEE
27.1 If the contracting party/guests do not appear half an hour after the agreed reservation time, this shall be deemed to be a withdrawal by the contracting party from the catering contract and there shall be no catering obligation on the part of Austrotel. If fewer guests appear than agreed, this shall be deemed to be a partial withdrawal by the contracting party. In the event of cancellation later than [*] hours before the agreed reservation time or (partial) non-appearance, Austrotel shall be entitled to a cancellation fee of € [*] per guest cancelled or not appearing. 2.5.22
27.2 The catering contract may be terminated by Austrotel for objectively justified reasons by means of a unilateral declaration no later than three days before the agreed catering of the contracting party or the guests.
28. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
28.1 By concluding an entertainment contract, the contracting party and the guests covered by its reservation shall acquire the right to customary entertainment by Austrotel and to customary service.
28.2 The contracting party and the guests shall comply with the posted Austrotel guidelines (“house rules”).
28.3 The contracting party or the guests shall be obliged to pay Austrotel the agreed remuneration including statutory turnover tax and duties at the latest at the time of leaving the hotel.
28.4 The guest and the orderer shall be liable to Austrotel for any damage caused by a guest covered by the respective hosting contract, irrespective of the respective fault. This shall apply in particular with regard to damage which is not attributable to normal wear and tear; e.g. fire holes, damage to inventory, taking away of hotel property, etc. shall be compensated.
29. AUSTROTEL’S RIGHTS AND OBLIGATIONS UNDER MANAGEMENT CONTRACTS
29.1 Austrotel shall be obliged to provide the agreed services to an extent corresponding to its standard.
30. TERMINATION OF THE MANAGEMENT CONTRACT – EARLY TERMINATION
30.1 Austrotel shall be entitled to terminate the hosting contract with immediate effect for good cause, in particular if
30.1.1 the guest, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes Austrotel or Austrotel’s people or third parties staying at the hotel uncomfortable or is guilty of an offence punishable by law against property, morality or physical integrity towards such persons, whereby attempt and reasonable suspicion shall suffice;
30.1.2 the guest raises the justified suspicion that the smooth operation of the business, the safety or the reputation of the hotel or Austrotel in the public may be substantially endangered by his use of the services of Austrotel;
30.2 In such cases Austrotel may expel the guest concerned.
30.3 In the event of termination of the hosting agreement for good cause, the contracting party shall be obliged to pay the remuneration subject to reservation.
31. PRICES, PRICE ADJUSTMENT AND TERMS OF PAYMENT
31.1 All prices are inclusive of the respective statutory value added tax and duties and refer to the respective applicable unit (persons, days, portions, glasses, bottles, etc.).
31.2 If the period between the conclusion of the contract and the performance of the contract exceeds four months as agreed and if the price generally charged by Austrotel for such services increases, 2.5.22
Austrotel shall be entitled to increase the agreed price appropriately, but by a maximum of ten per cent.
31.3 Payment and deposits are due without deduction and without discount. The costs of the money transaction (e.g. transfer charges) shall in any case be borne by the guest. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
31.4 Austrotel is not obliged to accept foreign currencies.
31.5 All payments by the guest shall be made when due, failing which interest on arrears shall be payable at the statutory rate. The guest undertakes to bear all costs associated with the collection of Austrotel’s claims, in particular the necessary costs of appropriate out-of-court enforcement and collection measures, insofar as these are in reasonable proportion to the claim pursued.
32. LIABILITY OF AUSTROTEL
32.1 Austrotel shall only be liable for property brought in by guests if the property has been handed over to Austrotel or to people authorised by Austrotel.
32.2 Items forgotten by guests in the hotel shall not be deemed to have been stored by Austrotel, but shall be held for collection for a maximum of three months.
32.3 Austrotel’s liability shall in any case be excluded for slight negligence, unless personal injury to consumers is involved. Loss of profit, consequential damage and indirect damage shall in no case be compensated. The liability sum is limited to the value of the contract sum, but in any case to the liability insurance sum. Any fault on the part of the guest shall be taken into account in any case.
32.4 In any case, Austrotel’s liability shall be excluded if the damage incurred is not reported to Austrotel and certified without delay from the time of knowledge. Moreover, such claims shall be asserted in court within one year of knowledge or possible knowledge by the organiser.
32.5 If the fulfilment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. acts of God, strike, lockout, boycott of deliveries, official orders, etc.), Austrotel shall be entitled to dissolve the catering contract at any time, insofar as the contract is not already deemed dissolved according to the law or Austrotel is released from its catering obligation. Any claims for damages etc. on the part of the contracting party shall be excluded.
The overarching provisions apply to all types of contracts regulated in the GTCs
33. OVERARCHING PROVISIONS
33.1 The place of performance shall be Vienna.
33.2 Austrian substantive law shall apply exclusively to the exclusion of any conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods; in the case of consumers to the extent that another law would not be more favourable for them. he exclusive place of jurisdiction for all disputes arising from AGB-V contracts shall be Vienna.
33.3 The exclusive place of jurisdiction for all disputes arising from contracts shall be the court having subject-matter jurisdiction for Vienna, 1st district, unless this is opposed by mandatory statutory provisions. For contractual partners who are consumers with residence or habitual abode outside Vienna, the place of jurisdiction shall be their residence, habitual abode or place of employment, provided that this is in Austria. Otherwise, jurisdiction for disputes with consumers shall be governed by Art 15 et seq. of the Brussels Jurisdiction Regulation; if the defendant consumer has neither a domicile nor a place of business within the meaning of Art 15(2) of the Brussels Jurisdiction Regulation 2.5.22
in an EU Member State, jurisdiction shall be determined in accordance with Art 4(1) of the Brussels Jurisdiction Regulation subject to Art 22 to 23 of the Brussels Jurisdiction Regulation in accordance with national law.
33.4 Should any provisions of the contract including the GTC be legally ineffective, invalid and/or void or become so in the course of the term of the contract, this shall not affect the legal ineffectiveness and validity of the remaining provisions. A legally ineffective, invalid and/or void provision shall be replaced by a legally permissible clause that is as economically equivalent as possible.
33.5 Austrotel shall be entitled to set off its own claims against claims of the contracting party. The contracting party shall not be entitled to set off its own claims against claims of Austrotel; this shall not apply to consumers if Austrotel is insolvent or the claim of the contracting party has been established by a court or recognised by Austrotel.
33.6 Amendments and supplements to the contract with Austrotel including the General Terms and Conditions as well as other correspondence shall require the written form or communication by email; this shall also apply to agreements on the waiver of the requirement of the written form/email. Electronic mail shall be deemed to have been received if the party for whom it is intended can retrieve it under normal circumstances.