GTC
General Terms and Conditions for Event Contracts with scalaria Gastberger Hotelbetriebe Ges.m.b.H. & Co KG _2020
(in short: GASTBERGER HOTELBETRIEBE)
Valid from: January 1, 2020
§ 1 Scope of application
1.1 These General Terms and Conditions (in short: GTC) are the basis for contracts with CUSTOMERS for the rental of conference, banquet and event rooms of GASTBERGER HOTELBETRIEBE for the organization of events such as banquets, meetings, seminars, trade fairs, conferences, gala and sporting events and the like, as well as for all other related services and deliveries of GASTBERGER HOTELBETRIEBE.
1.2 GASTBERGER HOTELBETRIEBE concludes event contracts exclusively on the basis of the following terms and conditions. The CUSTOMER expressly acknowledges that he has taken note of these General Terms and Conditions in a legally binding manner, so that they have become part of the contract. This shall also apply in the event that a CUSTOMER refers to its own General Terms and Conditions. These GTC may only be amended or supplemented by mutual agreement and in writing, whereby the unamended provisions of the GTC shall remain part of the contract.
§ 2 Acceptance of contract
2.1 GASTBERGER HOTELBETRIEBE sends the CUSTOMER a written offer. The contract is concluded at the time of receipt of the written declaration of acceptance by the CUSTOMER (e.g. the offer signed by the customer), provided that the written declaration of acceptance is received within 5 working days from the time of dispatch of the offer by GASTBERGER HOTELBETRIEBE. The content of the contract is always the offer submitted by GASTBERGER HOTELBETRIEBE and these GTC, which were brought to the attention of the CUSTOMER together with the offer from GASTBERGER HOTELBETRIEBE and are also available on the website www.scalaria.com.
2.2 A contract amendment requested by the CUSTOMER (e.g. additional event technology, branding, event extras) only comes into effect at the time of receipt of the written declaration of consent from GASTBERGER HOTELBETRIEBE to the CUSTOMER, regardless of the means of communication used by the CUSTOMER to communicate this change request to GASTBERGER HOTELBETRIEBE.
2.3 The contractual partner is the party who sends the declaration of acceptance in writing to GASTBERGER HOTELBETRIEBE.
2.4 If the CUSTOMER is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the latter shall be jointly and severally liable with the organizer for all obligations arising from the event contract.
2.5 In the event that the CLIENT is not the organizer, the CLIENT undertakes to submit a declaration from the organizer upon signing the contract in which the organizer undertakes to be jointly liable with the CLIENT for obligations arising from the event contract.
§ 3 Performance disruptions
If the GASTBERGER HOTEL OPERATORS violate their obligations from the contractual relationship, they are only liable for material damage in the case of intent and gross negligence. The GASTBERGER HOTEL OPERATORS are only liable up to the amount of the agreed rental price for the provision of the conference, banquet and event rooms.
§ 4 Services
4.1 The GASTBERGER HOTEL OPERATORS undertake to provide the services promised in the contract.
4.2 The CUSTOMER undertakes to pay the agreed fees for the services of GASTBERGER HOTELBETRIEBE (rental price, fee for food and drinks, etc.).
4.3 The agreed fees are subject to value added tax at the statutory rate.
§ 5 Terms of payment and invoicing
5.1 Invoices from GASTBERGER HOTELBETRIEBE are due for payment without deduction within 21 days of receipt of the invoice.
5.2 In the event of default in payment, the CUSTOMER undertakes to pay default interest in the amount of the three-month Euribor plus 5% per annum.
5.3 The CLIENT undertakes to pay 50% of the agreed main services in accordance with the event contract within 45 days of the conclusion of the contract and the down payment invoice, and a further 30% 30 days before the first day of the event.
5.4 The main services agreed in the event contract are - Lodging - room rental - services of subcontractors - show or technical elements
5.5 GASTBERGER HOTELBETRIEBE is entitled to unilaterally increase the agreed fee to the extent that this is necessary to cover cost and price increases for which GASTBERGER HOTELBETRIEBE is not responsible.
5.6 For payments with cashless payment systems (e.g. credit or debit cards) over €5,000, GASTBERGER HOTELBETRIEBE will charge the CUSTOMER the additional costs incurred (discount rates) with a lump sum of 5% of the invoice amount. This amount can also be invoiced subsequently and separately.
5.7 Credit balances of the CUSTOMER from subsequent invoice corrections or unused advance payments shall be credited in the same amount for a subsequent event within the next 5 years (from the time they arise). After 5 years this claim expires. The GASTBERGER HOTEL OPERATIONS will actively inform the CUSTOMER before the deadline expires.
§ 6 Withdrawal of the GASTBERGER HOTEL OPERATIONS
6.1 The GASTBERGER HOTEL OPERATORS are entitled to withdraw from the event contract,
6.1.1. if the CUSTOMER does not pay the advance payment in accordance with point 5.3. despite a written reminder and a grace period of at least two weeks and notification that they will withdraw from the contract in the event of non-payment;
6.1.2. if GASTBERGER HOTELBETRIEBEN is unable to fulfill the contract due to force majeure (e.g. earthquakes, wars, terrorist attacks, storm damage, fires, etc.) or other circumstances for which it is not responsible;
6.1.3. the event is booked under misleading and false statements of material facts, e.g. about the purpose of the event or the organizer;
6.1.4. if the GASTBERGER HOTEL OPERATIONS have reasonable grounds to believe that the event may jeopardize the smooth running of the business, the safety and/or the reputation of the GASTBERGER HOTEL OPERATIONS in public, without this being attributable to the sphere of control or organization of the GASTBERGER HOTEL OPERATIONS.
6.2 The GASTBERGER HOTEL OPERATORS must inform the CUSTOMER of the withdrawal in writing.
6.3 In the event of withdrawal by GASTBERGER HOTELBETRIEBE for the reasons stated in §§ 6.1.1. to 6.1.4. the CUSTOMER is not entitled to derive any claims for compensation against GASTBERGER HOTELBETRIEBE.
§ 7 Withdrawal by the CUSTOMER
7.1 The CUSTOMER is entitled to withdraw from the contract against payment of a cancellation fee.
7.2 The CUSTOMER must inform the GASTBERGER HOTEL OPERATIONS of the withdrawal from the contract in writing.
7.3 Depending on receipt of the declaration of withdrawal by GASTBERGER HOTELBETRIEBEN, the following cancellation rates apply:
7.3.1. from conclusion of the contract up to eight months before the start of the event: 50% of the contractually agreed rental price for the event rooms and the contractually agreed price for accommodation services
7.3.2. from eight months before the start of the event: 75% of the contractually agreed rental price for the event rooms and the price for contractually agreed accommodation services
7.3.3. from three months before the start of the event: 80% of the agreed booking amount (rental price for the event rooms, lost food sales, accommodation services, etc.)
7.3.4. from four weeks before the start of the event: 100% of the agreed booking amount (rental price for the event rooms, lost food sales, accommodation services, etc.)
7.4 Further claims for damages by GASTBERGER HOTELBETRIEBE, which are based on the CUSTOMER's withdrawal from the contract, remain unaffected by the payment of the cancellation fee.
7.5 The calculation of food sales is based on the formula: Price of food x number of persons. If no price has yet been agreed for the menu, the cheapest four-course menu of the respective valid event offer shall be used as a basis.
7.6 Partial return of rooms: A short-term return of 2% of the room contingent (max. 5 rooms) is possible free of charge up to 21 days before the start of the event or can be compensated with the contingent of necessary advance arrival rooms or settled free of charge.
7.7 If a flat-rate fee ("flat rate") is agreed between the CUSTOMER and GASTBERGER HOTELBETRIEBE for the accommodation for a specific room contingent, a reduction of the fee in the event of non-utilization of the room contingent by the CUSTOMER is excluded.
§ 8 Postponement by the CUSTOMER
8.1 Unless otherwise agreed in the following, the postponement of an event (date, room contingent, location rental) shall be deemed a withdrawal by the CUSTOMER in accordance with § 7 with the resulting legal consequences (cancellation fee)
8.2 If GASTBERGER HOTELBETRIEBE has the possibility to change the date and if a postponement is possible up to a maximum of 8 months after the originally fixed date, the CUSTOMER is obliged to pay the following cancellation rates deviating from § 7: 20% of the originally agreed accommodation turnover (rooms) 50% of the originally agreed room rental (event and meeting rooms etc). In addition to the cancellation fee (§ 8.2.), the CUSTOMER shall also be obliged to pay any costs incurred by third parties (e.g. suppliers, band, custom-made products etc. that cannot be used again for scheduling reasons).
8.3 In the event of postponement, the CUSTOMER is obliged, in addition to the cancellation fee (§ 8.2.), to pay a deposit of 80% of the total event amount within 21 days of receipt of the written confirmation from GASTBERGER HOTELBETRIEBE about the postponement.
8.4 The CUSTOMER cannot derive any rights for further postponements from any special agreements made between the CUSTOMER and GASTBERGER HOTELBETRIEBE regarding the postponement of an event for reasons of goodwill.
§ 9 Changes to the number of participants and event times
9.1 The contractually agreed number of participants applies. The CUSTOMER is obliged to inform the GASTBERGER HOTEL OPERATIONS immediately of any changes to the number of participants. In the event of deviations of more than 15%, the GASTBERGER HOTEL OPERATIONS are entitled to withdraw from the contract. In this case, the CUSTOMER undertakes to pay the cancellation fee in accordance with § 7.
9.2 The CUSTOMER must inform GASTBERGER HOTELBETRIEBE of the final number of persons in writing at least 7 working days before the start of the event. This number of persons is the basis for calculation.
9.3 In the event of an upward deviation, the actual number of participants will be charged.
9.4 The GASTBERGER HOTEL OPERATORS reserve the right to provide rooms other than those contractually agreed for the organization of the event, if the provision of another room is reasonable for the CUSTOMER, taking into account the interests of the GASTBERGER HOTEL OPERATORS.
9.5 If the agreed start and end times of the events are postponed without the prior written consent of the GASTBERGER HOTEL OPERATORS, the GASTBERGER HOTEL OPERATORS are entitled to charge the CUSTOMER for the additional costs of readiness to perform.
§ 10 Food and beverages
10.1 The CUSTOMER undertakes to inform the GASTBERGER HOTEL OPERATIONS in writing of the menu and/or buffet chosen by him from the suggestions at least 14 days before the start of the event. Otherwise, the GASTBERGER HOTEL OPERATIONS are entitled to put together the menu and/or buffet of their own choice.
10.2 Food and drinks are to be purchased by the CUSTOMER from the GASTBERGER HOTEL OPERATIONS. Food and drinks may only be brought in by the CUSTOMER if this has been expressly agreed in writing with the GASTBERGER HOTEL OPERATIONS. In this case, the CUSTOMER undertakes to pay a contribution to cover the overhead costs.
§ 11 Technical facilities and connections
11.1 The CUSTOMER is obliged to use the technical equipment and connections of the GASTBERGER HOTEL OPERATIONS.
11.2 For events that do not have an event character (e.g. seminars, meetings, conferences), the CUSTOMER must provide the GASTBERGER HOTEL OPERATIONS with a detailed technical list as well as a schedule and a list of requirements in writing at least 7 working days before the date of the event.
11.3 For events in the event area (e.g. fashion shows, product presentations, shows, evening events with music, concerts), the CUSTOMER must provide the GASTBERGER HOTEL OPERATIONS with a technical list and a rehearsal plan in writing at least 7 working days before the start of the event.
11.4 If the CUSTOMER does not fulfill his obligations according to § 11.2. and 11.3. in due time, the CUSTOMER is responsible for any deficiencies in the implementation of the technical requirements and cannot derive any price reduction or compensation claims or other claims against the GASTBERGER HOTEL OPERATIONS.
11.5 The technical flat rate, which is included in the room rental according to the event program, refers only to the actual event room and the event day(s). Any additional technical rehearsals and trial work must be agreed separately in the contract. Unless otherwise agreed in writing, set-up days shall be deemed to be event days. 100 % of the room rental fee.
11.6 In addition, the CUSTOMER will be charged for the actual working hours of the GASTBERGER HOTELBETRIEBE personnel required for the technical preparations, including the assembly and dismantling of the technical equipment. The working hours of the sound and lighting technicians and the personnel required for the set-up and dismantling will be charged according to the hourly rate specified in the event offer, unless otherwise agreed in writing between the GASTBERGER HOTEL OPERATIONS and the CUSTOMER.
11.7 If the existing technology is not sufficient for the planned event, the CUSTOMER undertakes to provide the GASTBERGER HOTEL OPERATIONS with a list (in writing) of the additional technical equipment required and a detailed requirements plan for the event at least 14 days before the start of the event. Unless otherwise agreed, the additional technical equipment will be procured and installed by the GASTBERGER HOTEL OPERATIONS.
11.8 The costs for additionally required technical equipment and for its installation shall be borne by the CUSTOMER.
11.9 The use of the CUSTOMER's own electrical equipment using the electricity network of the GASTBERGER HOTEL OPERATIONS requires their express written consent. Any malfunctions and/or damage to technical equipment of the GASTBERGER HOTEL OPERATIONS caused by the use of these devices are at the expense of the CUSTOMER, insofar as the GASTBERGER HOTEL OPERATIONS are not responsible for this. The resulting electricity costs will be charged to the CUSTOMER as a lump sum.
11.10. In the event facilities "Circus Circus" and "DO-X teatro", the technical use of lighting and sound technology as well as event operating is the exclusive responsibility of GASTBERGER HOTELBETRIEBEN. Any changes require a written agreement.
11.11. The CUSTOMER is only entitled to use their own telephone, fax and data transmission equipment with the express written consent of GASTBERGER HOTELBETRIEBE.
11.12. The CUSTOMER is obliged to independently insure any additional technical equipment brought along by him and third parties for the duration of the event (including transportation). The insurance or insurance agreement must be presented at any time upon request.
11.13. If the systems of the GASTBERGER HOTEL OPERATIONS remain unused due to the connection of the CUSTOMER's technical systems, they are entitled to charge the CUSTOMER a compensation for loss.
11.14. Faults in the technical or other facilities provided by GASTBERGER HOTELBETRIEBEN will be rectified immediately if possible. Faults for which the GASTBERGER HOTEL OPERATIONS are not responsible do not entitle the CUSTOMER to reduce or reclaim the agreed remuneration.
11.15. In order not to hinder or jeopardize the implementation of parallel events of GASTBERGER HOTELBETRIEBE, the necessary frequencies must be applied for in writing from the "Technology" department of GASTBERGER HOTELBETRIEBE when using wireless microphones or other transmitting and receiving equipment operating in the 800-800 MHz range. The number of transmitting and receiving devices and the required frequencies must be specified. There is no legal entitlement to the use of these frequencies on the premises of GASTBERGER HOTELBETRIEBE. If there is an overlap with frequencies already in use, the CUSTOMER will be allocated other frequencies. These must be strictly adhered to. In the event of non-compliance, the CUSTOMER shall be liable for all resulting damages and consequential damages.
11.16. When preparing the event(s), the CUSTOMER undertakes to follow the instructions of the event manager for the technical area of the GASTBERGER HOTEL OPERATIONS in order not to jeopardize or impair the smooth running of the GASTBERGER HOTEL OPERATIONS. If the CUSTOMER does not follow the instructions, he is liable for any resulting damage and consequential damage.