AGB
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
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 holding 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 supplies of GASTBERGER HOTELBETRIEBE.
1.2 GASTBERGER HOTELBETRIEBE shall conclude event contracts exclusively on the basis of the following terms and conditions. The CLIENT expressly acknowledges having taken legally binding notice of these GTC, so that they have become part of the contract. This also applies in the event that a CUSTOMER refers to its own General Terms and Conditions. An amendment or supplement to these GTC is only possible by mutual agreement and in writing, whereby, however, the provisions of the GTC that have not been amended shall remain part of the contract.
§ 2 Acceptance of contract
2.1 GASTBERGER HOTELBETRIEBE shall send the CLIENT a written offer. The contract is concluded at the time of receipt of the written declaration of acceptance by the CLIENT (e.g. the offer signed by the CLIENT), provided that the receipt of the written declaration of acceptance takes place 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 CLIENT together with the offer by GASTBERGER HOTELBETRIEBE and which can also be accessed on the website www.scalaria.com.
2.2 A change to the contract requested by the CLIENT (e.g. additional event technology, brandings, event extras) shall only come into effect at the time of receipt of the written declaration of consent by GASTBERGER HOTELBETRIEB to the CLIENT, regardless of the means of communication with which the CLIENT communicates this change request to GASTBERGER HOTELBETRIEB.
2.3 The contracting party is the party who submits the declaration of acceptance in writing to GASTBERGER HOTELBETRIEBE.
2.4 If the CUSTOMER is not the organizer himself or if a commercial intermediary 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 CUSTOMER is not the event organizer itself, the CUSTOMER undertakes to submit a declaration from the event organizer upon signing the contract, in which the latter undertakes to be jointly liable with the CUSTOMER for obligations arising from the event contract.
§ 3 Impairment of performance
If the GASTBERGER HOTEL OPERATORS violate their obligations arising from the contractual relationship, they shall be liable for property damage exclusively for intent and gross negligence. The GASTBERGER HOTELBETRIEBE shall only be 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 HOTELBETRIEBE undertake to provide the services promised by the contract.
4.2 The CUSTOMER undertakes to pay the agreed fees (rental price, fee for food and beverages, etc.) for the services of the GASTBERGER HOTELBETRIEBE.
4.3 The agreed fees are exclusive of value added tax at the statutory rate.
§ 5 Terms of payment and invoicing
5.1 Invoices of GASTBERGER HOTELBETRIEBE are due for payment without deduction within 21 days after receipt of the invoice.
5.2 In the event of late payment, the CLIENT undertakes to pay interest on arrears in the amount of the three-month Euribor rate plus 5% per annum.
5.3 The CUSTOMER undertakes to pay 50% of the agreed main services according to the event contract within 45 days of the conclusion of the contract and the down payment invoice and a further 30% within 30 days before the first day of the event.
5.4 The agreed main services according to the event contract are: - lodging - room rentals - services of subcontractors - show or technical elements
5.5. GASTBERGER HOTELBETRIEBE is entitled to unilaterally increase the agreed fee to the extent 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) exceeding € 5,000, GASTBERGER HOTELBETRIEBE shall charge the CUSTOMER for 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 down payments shall be credited in the same amount for a subsequent event within the next 5 years (from the date of accrual). After 5 years this claim expires. The GASTBERGER HOTEL OPERATIONS will actively inform the CLIENT before the expiration of the period.
§ 6 Withdrawal of the GASTBERGER HOTEL OPERATIONS
6.1 The GASTBERGER HOTEL OPERATIONS are entitled to withdraw from the event contract,
6.1.1. if the CUSTOMER does not pay the advance payment according to item 5.3. despite a written reminder and a grace period of at least two weeks and indication that they will withdraw from the contract in case of non-payment;
6.1.2. if the GASTBERGER HOTEL OPERATIONS are unable to fulfill the contract due to force majeure (e.g. earthquakes, wars, terrorist attacks, storm damage, fires, etc) or other circumstances for which they are not responsible;
6.1.3. event is booked under misleading and false statement of material facts, e.g. about the purpose of the event or the organizer;
6.1.4. if the GASTBERGER HOTEL OPERATIONS have reasonable cause to believe that the event may jeopardize the smooth business operations, safety and/or public reputation of the GASTBERGER HOTEL OPERATIONS without this being attributable to the control or organizational sphere of the GASTBERGER HOTEL OPERATIONS.
6.2 The GASTBERGER HOTEL OPERATIONS must notify the CUSTOMER in writing of the withdrawal.
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 claims for compensation against GASTBERGER HOTELBETRIEBE from this.
§ 7 Withdrawal of the CUSTOMER
7.1 The CUSTOMER is entitled to withdraw from the contract against payment of a cancellation fee.
7.2 The CLIENT must notify GASTBERGER HOTELBETRIEBEN of the withdrawal from the contract in writing.
7.3 Depending on the receipt of the cancellation notice by GASTBERGER HOTELBETRIEBEN, the following cancellation rates apply:
7.3.1. from the conclusion of the contract until 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 catering revenue, lodging 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 catering revenue, 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 the food turnover is based on the formula: Price for food x number of persons. If no price has been agreed for the menu yet, the cheapest four-course menu of the respective valid event offer shall be taken 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, if applicable, can be compensated with the contingent of the necessary pre-arrival rooms or settled free of charge.
7.7 If the CUSTOMER and GASTBERGER HOTELBETRIEBE agree on a flat rate for lodging for a certain room contingent, a reduction of the fee in case 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 rentals) shall be deemed a withdrawal by the CUSTOMER pursuant to § 7 with the resulting legal consequences (cancellation fee).
8.2 If GASTBERGER HOTELBETRIEBE is able to reschedule the event up to a maximum of 8 months after the originally fixed date, the CUSTOMER is obligated to pay the following cancellation rates that deviate from § 7: 20% of the originally agreed lodging turnover (rooms) 50% of the originally agreed room rent (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, special productions, etc., which cannot be used again for scheduling reasons).
8.3 In case of postponement, the CLIENT is obliged to pay, in addition to the cancellation fee (§ 8.2.), a deposit of 80% of the total event amount within 21 days from the receipt of the written confirmation of GASTBERGER HOTELBETRIEBE about the postponement.
8.4 The CUSTOMER cannot derive any rights for further postponements of dates from any special agreements made between the CUSTOMER and GASTBERGER HOTELBETRIEBE for goodwill reasons that deviate from the GTC.
§ 9 Change in the number of participants and event times
9.1 The contractually agreed number of participants shall apply. The CLIENT is obligated to notify GASTBERGER HOTELBETRIEBE immediately of any changes in 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 according to § 7.
9.2 At least 7 working days before the start of the event, the CUSTOMER must inform GASTBERGER HOTELBETRIEBE in writing of the final number of persons. This number of persons shall be the basis for calculation.
9.3 In case of an upward deviation, the actual number of participants will be charged.
9.4 GASTBERGER HOTELBETRIEBE reserves the right to provide other rooms than those contractually agreed upon for the organization of the event, if the provision of another room is reasonable for the CUSTOMER, taking into account the interests of GASTBERGER HOTELBETRIEBE.
9.5 If the agreed start and end times of the events are postponed without the prior written consent of GASTBERGER HOTELBETRIEBE, GASTBERGER HOTELBETRIEBE shall be entitled to charge the CLIENT for the additional costs of the 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 proposals at least 14 days before the start of the event. Otherwise, GASTBERGER HOTELBETRIEBE shall be entitled to compose the menu and/or buffet according to its own choice.
10.2 Food and beverages are to be obtained by the CLIENT from the GASTBERGER HOTEL OPERATIONS. Food and beverages may only be brought by the CLIENT if this has been expressly agreed in writing with the GASTBERGER HOTEL OPERATIONS. In this case, the CLIENT agrees to pay a contribution to cover overhead costs.
§ 11 Technical facilities and connections
11.1 The CUSTOMER is obligated to use the technical equipment and connections of the GASTBERGER HOTEL OPERATIONS.
11.2 For events that do not have the character of an event (e.g. seminars, meetings, conferences), the CUSTOMER must provide GASTBERGER HOTELBETRIEBEN with a detailed list of technical equipment 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), a technical list and a rehearsal plan must be provided in writing by the CLIENT to the GASTBERGER HOTEL OPERATIONS 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, any deficiencies in the implementation of the technical requirements are the responsibility of the CUSTOMER and the CUSTOMER cannot derive any price reduction or damage compensation claims or other claims against the GASTBERGER HOTEL OPERATIONS from this.
11.5 The technical flat rate, which is included in the room rental according to the event program, only refers to the actual event room and the event day(s). Technical rehearsals and rehearsal work going beyond this are to be contractually agreed separately. Unless otherwise agreed in writing, set-up days shall be considered event days. 100% of the room rentals.
11.6 In addition, the CUSTOMER will be charged for the actual working hours of the personnel of the GASTBERGER HOTEL OPERATIONS required for the technical preparations, including the assembly and disassembly of the technical equipment. The working hours of the sound and lighting technicians and the personnel required for 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 CLIENT.
11.7 If the existing technical equipment is not sufficient for the planned event, the CUSTOMER undertakes to inform GASTBERGER HOTELBETRIEBEN at least 14 days before the start of the event of a list (in writing) of the additional technical equipment required and a detailed schedule of requirements for the event. Unless otherwise agreed, the additional technical equipment will be provided and installed by GASTBERGER HOTELBETRIEBEN.
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 power grid of the GASTBERGER HOTELBETRIEBE requires their express written consent. Malfunctions and/or damage to technical equipment of the HOTEL OPERATIONS caused by the use of this equipment shall be borne by the CLIENT, insofar as the HOTEL OPERATIONS are not responsible for them. The electricity costs incurred will be charged to the CLIENT as a lump sum.
11.10. In the event rooms "Circus Circus" and "DO-X teatro" the technical use for light and sound engineering as well as the event operating is exclusively incumbent on the GASTBERGER HOTEL OPERATIONS. Changes require a written agreement.
11.11. The CUSTOMER is only entitled to use his own telephone, fax and data transmission equipment with the express written consent of GASTBERGER HOTELBETRIEBE.
11.12. The CLIENT is obligated to independently insure the technical equipment brought by him and third parties for the period of the event (including transport). The insurance or insurance agreement must be presented at any time upon request.
11.13. If, due to the connection of the CUSTOMER's technical equipment, the equipment of GASTBERGER HOTELBETRIEBE remains unused, the latter shall be entitled to charge the CUSTOMER an outage fee.
11.14. Malfunctions in the technical or other facilities provided by the GASTBERGER HOTEL OPERATIONS will be remedied immediately if possible. Malfunctions for which GASTBERGER HOTELBETRIEBEN are not responsible do not entitle the CLIENT to reduce or reclaim the agreed fee.
11.15. In order not to hinder or endanger the execution of parallel events of the GASTBERGER HOTEL OPERATIONS, the necessary frequencies must be applied for in writing to the "Technology" department of the GASTBERGER HOTEL OPERATIONS 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 claim to the use of these frequencies on the premises of GASTBERGER HOTELBETRIEBE. In case of overlapping with already used frequencies, the CUSTOMER will be assigned other frequencies. These must be strictly adhered to. In case of non-compliance, the CUSTOMER shall be liable for all resulting damages and consequential damages.
11.16. During the preparation of the event(s), the CLIENT undertakes to follow instructions of the event manager for the technical area of GASTBERGER HOTELBETRIEBE in order not to endanger or impair the smooth running of GASTBERGER HOTELBETRIEBE. If the CUSTOMER does not follow the instructions, he is liable for any resulting damages and consequential damages.