General Terms & Conditions

I. Scope

  1. These General Terms & Conditions of Business (GTC) apply to any and all services provided by Grand Hotel GmbH (hereinafter referred to as "the Hotel") to guests, event organisers and other contractual partners (hereinafter referred to as "the Contractual Partner"). These services consist, in particular, of allowing the use against payment of hotel bedrooms and other premises such as those for conferences, banquets and/or other events, as well as all further offerings and services of the Hotel associated therewith. The Hotel is entitled to have its services performed by third parties.
  2. These GTC apply to all forms of contract, such as hotel accommodation, package tour, quota or event contracts concluded with the Hotel. The GTC shall also apply for all future business dealings with the Contractual Partner.
  3. The GTC of the Contractual Partner shall not apply even where the Hotel fails to expressly reject these. Any conflicting statements by the Contractual Partner making reference to its GTC are hereby rejected.

II. Contract conclusion

  1. Each individual contract comes into effect following the written or verbal booking request from the customer and after its acceptance by Grand Hotel GmbH. Grand Hotel GmbH shall be free to accept the contract in writing, verbally, in text form (by e-mail or fax) or ultimately by the provision of services.
  2. If the contracting party enters into a so-called contingency contract, the contracting party shall be liable for any and all damage culpably caused by the end-user.
  3. The subletting, re-letting or free-of-charge use of the rented rooms by third parties as well as their use for purposes other than accommodation shall require the Hotel's express permission. On request, the Hotel may, at its own discretion, grant an exception in writing.
    Any sublease or use of the rented rooms for purposes other than accommodation, as well as for public invitations or other advertising purposes, for interviews, sales events or any other activities of the above nature shall require the prior written consent of the Hotel.

III. Use of rooms / Check-in / Check-out

  1. Rooms are made available exclusively for the purposes of accommodation. The customer may not bring food or beverages to the Hotel. Exceptions can only be made upon prior consultation with the Hotel and payment of the customary service costs / cork fees.
  2. The Contractual Partner shall be liable to the Hotel for any and all damage caused by it or by third parties who have received services rendered by the Hotel on its initiative.
  3. The Contractual Partner shall have no claim to the use of particular rooms. If rooms should not be available in the Hotel, the Hotel shall inform the Contractual Partner of this immediately and offer substitute rooms of equivalent value in a nearby hotel of the same category. If the Contractual Partner declines the offer, the Hotel shall immediately refund payments made by the Contractual Partner.
  4. Booked rooms will be made available to the Contractual Partner from 2 p.m. on the date of arrival. Unless otherwise agreed, the Hotel reserves the right to allocate the room to others after 6 p.m. without the Contractual Partner being able to derive any rights or claims whatsoever.
  5. Rooms must be vacated by 12 noon at the latest on the day of departure.
    For damages caused by the continued use of the room up to 6 p.m., the Hotel reserves the right to invoice up to 50% of the room rental rate, or to invoice 100% of the full room list price if the room is vacated after 6 p.m.

IV. Events

  1. The expected number of participants and the precise duration (the beginning and the end) of the event shall be communicated when ordering events and must be reconfirmed by the Hotel. The Contractual Partner shall notify the Hotel of the final number (= guaranteed number) of participants no later than 5 working days before the beginning of the event, however, the Hotel is entitled to recalculate the prices and to change confirmed premises if more than 10% of the expected number of participants is reduced. The final number (guaranteed number) of participants must be communicated to and confirmed by the Hotel. Said number is a guaranteed minimum number of participants that will be charged to the Contractual Partner. If more people take part than agreed, then the organiser will be charged for the actual amount of participants on the day.
  2. Where the agreed time of commencement of an event is moved, the Hotel shall be entitled to invoice the contract partner for all additional costs thereby incurred.
  3. Reserved rooms shall be available to the Contractual Partner only within the period of time agreed in writing. Use beyond those times requires the written permission of the Hotel which will in principle only be granted on payment of additional charges. Rooms shall be subject to change, to the extent that such is acceptable for the Contractual Partner by duly considering the Hotel's interests.
  4. For events which go on beyond midnight, the Hotel shall be entitled to invoice € 50.00 plus stat. VAT per service employee booked for each hour or part thereof. The Contractual Partner shall be liable to the Hotel for additional services provided to the participants in the event or to third parties in connection with the event.
  5. Unless otherwise expressly agreed in writing, the Contractual Partner shall obtain the relevant official permits at its own expense. The Contractual Partner is responsible for complying with all relevant requirements of (administrative) law. The Contractual Partner shall pay any levies payable to third parties for the event, such as GEMA fees, application fees etc., directly to the creditor concerned without delay.
  6. The Contractual Partner shall be liable for the conduct of its employees, the participants at the event and also for any other auxiliary staff in the same way as for its own conduct. The Hotel can demand that the Contractual Partner should provide appropriate security (e.g., insurance, deposits and guarantees).
  7. To prevent damage, the affixing and installation of decorative material or other items must be agreed with the Hotel in advance. Exhibits and other objects brought in must be removed at the end of the event. Should the Contractual Partner fail to comply with this provision, the Hotel shall be entitled to have them removed and stored at the Contractual Partner's expense. The Contractual Partner shall dispose of all transport packaging, outer packaging and all other packaging materials at its own expense. Should the Contractual Partner leave packaging behind after the end of the event, this may be disposed of at the Contractual Partner's expense. All items such as decorative material brought in in connection with the event must meet all relevant statutory requirements.
  8. The Hotel is not insured for items brought in. The requisite insurance cover shall be taken out solely by the Contractual Partner.
  9. Where possible, the Hotel shall repair problems or defects in equipment provided by the Hotel. The Contractual Partner shall not derive any rights or claims in this regard.
  10. Where the Contractual Partner brings in its own electrical equipment, the Hotel management must give its permission before such equipment is connected to the electricity grid. The power consumed will be invoiced at the currently applicable electricity prices as charged to the Hotel by the power supplier. The Hotel shall be free to charge a flat rate fee at its discretion. Any faults or defects in the Hotel's technical equipment caused by such connection shall be charged to the Contractual Partner.
  11. Where the Hotel procures technical or other equipment for the Contractual Partner from third parties, the Hotel acts in the name of and for the account of the Contractual Partner. The latter shall be liable for the careful handling and orderly return of such equipment and shall indemnify the Hotel against all claims by third parties on first written demand. The Hotel shall not be liable for failure to procure the equipment on time or for any defects in the equipment procured.
  12. The Contractual Partner may not bring any food or drinks to the events. Written agreement may be reached in special cases (e.g. national specialities etc.); in such cases, an overhead charge will be billed with deduction of the proportional cost of the goods.
  13. Newspaper advertisements containing invitations to interviews or sales events require the prior written consent of the Hotel. Should an advertisement be published without the consent of the Hotel, the latter is entitled to cancel the event.
  14. Any type of advertisement, notification or invitation containing a reference to the Hotel, in particular, the Hotel's name, requires the prior written consent of the Hotel.

V. Provision of services / Prices / Payments / Offsetting / Assignment

  1. The Contractual Partner is obligated to pay the Hotel's prices that apply or have been agreed for the room and the other services received by the Contractual Partner. This shall also apply to any other expenses incurred for the services arranged by the Hotel for the Contractual Partner. All prices are quoted inclusive of VAT and duties at the statutory rate in force at the time. Increases in taxes and duties shall be borne by the Contractual Partner.
    If the period between conclusion of contract and initial provision of services exceeds 120 days, the Hotel shall be entitled to increase prices by a maximum of 15%. Subsequent alterations to services may lead to changes in prices. The Hotel is entitled to request an advance payment or provision of security from the contract partner on conclusion of contract of up to 100% of the total amount due by the Contractual Partner. The amount of the advance payment and payment dates may be specified in the contract.
  2. Amounts due to the Hotel are payable without deduction within 14 days upon receipt of the relevant invoice. An invoice shall be deemed to have been received by the invoice recipient at the latest 3 days after being sent, except where earlier delivery can be proved. A default interest of 12% p.a. shall be charged in case of payment arrears.
  3. The preparation of a consolidated invoice shall not release the contract partner from the duty to pay individual invoices on time. Default of payment, even of an individual invoice, entitles the Hotel to withhold all future services and make the performance of such services contingent on the provision of a security covering up to 100% of the outstanding payment.
  4. For each reminder sent after default occurs, the Hotel may charge a reminder fee in the amount of € 10.00. In principle, invoices are payable immediately in cash or by credit card. The Hotel reserves the right to reject cheques, credit cards or payment in foreign currencies. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. No refunds will be provided for services that were not used.
  5. The Contractual Partner may only offset a claim against the Hotel if its claim is undisputed or has been upheld by final judgement. This equally applies to the Contractual Partner exercising a right of retention in relation to its own claims. Claims and other rights may only be assigned upon written consent of the Hotel.

VI. Withdrawal by the Contractual Partner

  1. The specific reservation, change and cancellation conditions stipulated in the reservation confirmation apply to various prices (for example, early booking discount, best available price, etc.) and different event times (for example, congresses, events, etc.).
  2. If the booked room(s) is (are) cancelled after the respective deadline, cancellation fees will be charged. The applicable cancellation deadlines and fees are stated in the respective reservation.
  3. Cancellations of events must be communicated to the Hotel by the Contractual Partner as soon as possible in writing. If the event is cancelled altogether, the Hotel will charge the Contractual Partner the following cancellation fees, unless otherwise explicitly stated in the reservation confirmation:

    Cancellation of events with contractually agreed rent:
    120 to 91 days before the event:

    50% of the agreed rent

    90 to 61 days before the event:

    75% of the agreed rent

    60 to 31 days before the event:

    100% of the agreed rent

    30 to 6 days before the event:

    100% of the agreed rent as well as
    50% of the expected food and beverage sales

    5 to 0 days before the event:

    100% of the agreed rent as well as
    100% of the expected food and beverage sales


    Cancellation of events with contractually agreed conference packages:
    120 to 91 days before the event:

    25% of the conference package for the agreed number of persons

    90 to 61 days before the event:

    50% of the conference package for the agreed number of persons

    60 to 6 days before the event:

    75% of the conference package for the agreed number of persons

    5 to 0 days before the event:

    100% of the conference package for the agreed number of persons

  4. The Contractual Partner is entitled to prove that no loss was incurred by the Hotel or that the loss incurred was less.
  5. Insofar as the Hotel can provide the cancelled service to third parties within the agreed period, the cancellation charge payable by the Contractual Partner shall be reduced by the amount that such third parties pay for the cancelled service, but up to a maximum of the total cancellation charge due.
  6. The service cancellation and/or reduction must be approved in writing by the Hotel.

VII. Withdrawal / Cancellation by the Hotel

  1. Under the statutory regulations, the Hotel is entitled to withdraw from (Section 918 BGB [Austrian Civil Code]) or terminate (Section 314 BGB [Austrian Civil Code]) the contract if
    1. the Contractual Partner fails to meet an obligation
    2. the fulfilment of the contract is rendered impossible due to force majeure, strikes or any other circumstance for which the Hotel is not responsible,
    3. the Contractual Partner gives misleading or false information on material data
    4. the Contractual Partner uses the name of the Hotel in promotional materials without the prior written consent of the Hotel,
    5. the rooms which are the subject of the contract are sublet, in part or in full, without the Hotel's written permission
    6. the Hotel has reasonable grounds to assume that the use of the Hotel's services may jeopardize the Hotel's smooth business operations, safety, or reputation among the general public;
  2. The Hotel must notify the Contractual Partner in writing of its withdrawal or termination immediately, or within 14 days of becoming aware of the grounds at the latest. Rescission of the contract by the Hotel does not entitle the Contractual Partner to compensation or any other settlement. If the Hotel terminates the contract on legitimate grounds, it remains entitled to compensation for any loss it suffers, as well as the expenses incurred.

VIII. Liability of the Hotel / Items brought into the Hotel / Statute of limitations

  1. The Hotel may only be held liable for any legal and contractual claims if it has acted with intent or gross negligence.
  2. However, the Hotel can also be held liable for slight negligence in the case of damage or loss
    1. due to the breach of essential contractual duties. In such cases, liability is limited to foreseeable losses typical for that type of contract
    2. arising due to an injury to life, limb or health.
  3. The Hotel cannot be held liable for consequential damage or loss or indirect damage or loss.
  4. Waivers and limitations of liability also apply in the same manner to all companies, including their subcontractors and assistants, employed by the Hotel to fulfil its contractual duties. They do not apply if the Hotel provides a guarantee regarding the quality of an item or work or if it fraudulently conceals a defect.
  5. The Contractual Partner is obligated to notify the Hotel of any visible defects without delay, at the latest prior to its departure from the Hotel.
  6. The statutory provisions contained in sections 701et seq. BGB [Austrian Civil Code] are applicable in relation to items brought in by the Contractual Partner.
  7. Items left behind by the Contractual Partner / guest shall only be forwarded at the request, risk and expense of the Contractual Partner. The Hotel will store the items for a time period of 12 months and charge a reasonable fee for doing so. Insofar as the items have a recognisable value, items will then be turned over to the local lost property office.
  8. All claims of the Contractual Partner, to the extent that the latter is a consumer, against the Hotel arising out of or in connection with the contract shall lapse after one year starting from the end of the year in which the claim arose and the Contractual Partner became aware of the circumstances giving rise to the claim, or would have become aware but for gross negligence. Consumers are subject to a statutory warranty period.

IX. 9 Additional provisions for package tour contracts

  1. Where, in addition to providing food and accommodation, the Hotel is obligated to organise a leisure programme itself as a free service, this shall constitute a so-called package tour contract.
  2. The Contractual Partner may not assert any claims due to changes to, variations in or curtailments of individual services within the scope of a package tour contract which become necessary subsequent to conclusion of contract if such changes, variations or curtailments are merely insignificant.
  3. If the services that have been agreed upon and provided are not used by the Contractual Partner, the total fee may not be reimbursed or reduced.
  4. The Hotel is not liable for any damage suffered by the Contractual Partner due to the utilization of a specific service provided by a third party. The Contractual Partner is directed to claiming eventual damages from the specific provider of the specific service.

X. Place of performance and payment / Place of jurisdiction / Ancillary agreements / Severability

  1. Place of performance and payment shall be the registered office of the Hotel.
  2. The place of jurisdiction shall be Vienna.
  3. Any and all claims arising out of these GTC shall be subject to Austrian law excluding its principles of conflict of laws.
  4. Any modifications or amendments to the contract or to the GTC shall not be effective, unless made in writing. Any unilateral changes or modifications on the part of the Guest shall be invalid.
  5. Should individual provisions of these General Terms and Conditions be or become ineffective or void, the effectiveness of their remaining provisions shall not be affected thereby.

The General Austrian Hotel Contract conditions shall apply to all areas that have not been separately stipulated. These are available at: www.wko.at.

Vienna, February 2018

Grand Hotel GmbH
Kärntner Ring 9
A-1010 Vienna
Phone: +43 - (1) - 515 80-0
Fax: +43 - (1) - 515 80-13
info@grandhotelwien.com
www.grandhotelwien.com

Unkai - Kärntner Ring 9 at the Grand Hotel Wien, Vienna, Austria. A-1010 - T: +43 (1) 515 80 - 9110 - E: unkai@grandhotelwien.com