General terms and conditions

AGB (General Terms and Conditions)

1. scope of application

  1. These General Terms and Conditions for the Hospitality Industry (hereinafter referred to as "AGBG 2016") govern the legal relationship between the innkeeper and the contractual partner/guest and apply to all reservations made and services provided in this relationship.

  2. The General Terms and Conditions for the Hotel Industry 2006 ("AGBH 2006") shall apply exclusively to accommodation services provided by the Innkeeper.

  3. The services of the innkeeper regulated in more detail below are offered exclusively on the basis of these General Terms and Conditions. Terms and conditions of the contractual partner that deviate from or supplement these AGBG 2016 shall only be effective if they have been expressly agreed in writing.

  4. The AGBG 2016 do not exclude special agreements and are subsidiary to individual agreements.

  5. By making a reservation - by whatever means - the contractual partner confirms that he has read and understood the terms and conditions and agrees to them.

  6. The innkeeper reserves the right to amend the AGBG 2016 at any time, if this is reasonable for the contractual partner, to update them to current circumstances and to adapt them to the statutory provisions.

2. definitions of terms

  1. Catering - provision/serving of food and beverages in the catering business of the innkeeper

  2. Hospitality contract
    This is the contract concluded between the innkeeper and the contractual partner, the main focus of which is catering and the content of which is subsequently regulated in more detail.

  3. Catering
    Preparation or delivery of food and beverages to a place of performance determined by the contractual partner outside the catering establishment of the innkeeper

  4. FAGG
    Distance selling (contract)

  5. Distance and Off-Premises Transactions Act as amended
    in the sense of § 3 FAGG

  6. Hospitality
    Premises outside or inside a building where catering for guests is provided by the innkeeper
  7. Innkeeper
    natural or legal person who, as the operator of the catering business, entertains guests for a fee or rents out rooms and provides related services

  8. Guest
    natural person who makes use of hospitality. As a rule, the guest is also the contractual partner. Persons who are catered for in the company of the contractual partner are also deemed to be guests

  9. KSchG
    Consumer Protection Act 1979 as amended within the meaning of § 1 KSchG

  10. Consumer
    within the meaning of § 1 KSchG

  11. Entrepreneur
    within the meaning of § 1 KSchG

  12. RESERVATION
    Binding offer of the contracting party to conclude a hospitality contract

  13. Contractual partner
    natural or legal person who concludes a hospitality contract as a guest or on behalf of a guest

3 Conclusion of contract/content of contract

  1. The hospitality contract is concluded after availability has been checked by the (verbal or written) acceptance of the reservation - at the latest by catering - of the guest by the innkeeper. From this point in time, the innkeeper and the contractual partner are bound by the hospitality contract.

  2. By providing the account or credit card details, the contractual partner expressly agrees to the debit of all fees incurred - in particular down payments and, if applicable, cancellation fees (in accordance with point 7) - without further consultation with the contractual partner in the direct debit authorisation procedure of the selected payment method.

  3. The basis for the fee shall be the prices stated in the innkeeper's price list current at the time of conclusion of the contract, as well as prices agreed individually by special agreement.

  4. For all reservations, the contractual partner must provide their full name (company), address, e-mail address (if available) and telephone number, as well as the exact number of guests to be catered for and the scope of the desired catering. By submitting the e-mail address, the contractual partner also agrees to receive information material such as newsletters, offers, etc.

  5. This data forms an integral part of the contract and is the basis for invoicing the contractual partner. Exceeding or falling short of the reserved number of guests is only permitted with the express consent of the innkeeper. The agreed number of guests shall form the basis of the invoice as a minimum number. If the innkeeper agrees to exceed the agreed number of guests, the actual number of guests will be charged. If the number of guests falls below the agreed number, the cancellation conditions set out in point 6 shall apply.

  6. If no other agreement is made regarding consumption, e.g. a flat rate, all drinks and food consumed will be charged by the innkeeper according to actual consumption and the order value as per the current price list and an amount of EUR 10/per reserved guest is agreed as the minimum consumption, which must be paid even if the catering services are not used.

4. special regulations for contracts concluded with a down payment

  1. The innkeeper is authorised to conclude the hospitality contract on the condition that the contracting party makes a down payment. In this case, the innkeeper is obliged to inform the contractual partner of the required deposit before accepting the written or verbal reservation of the contractual partner. If the contractual partner agrees to the down payment (in writing or verbally), the hospitality contract shall come into effect upon successful debit or payment of the down payment. Only from this point in time does the catering contract concluded on the condition of a deposit become binding on both parties. Up to this point, the reservation can be cancelled by either party free of charge and without giving reasons.

  2. Upon acceptance of the offer by the innkeeper, the deposit is due for payment immediately, unless a later due date is agreed The costs for the money transaction (e.g. transfer fees) shall be borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply.

  3. The deposit is a partial payment on the agreed fee.

5. special regulations for distance contracts

  1. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the innkeeper's publicised business hours.

  2. In the case of bookings made by means of distance communication, acceptance by the innkeeper shall be made exclusively by means of a reservation confirmation from the innkeeper by email/by post or, in the case of an agreed down payment, with a successful direct debit by the innkeeper or with a successful bank transfer by the contractual partner. The innkeeper shall charge the amount/percentage stated in the reservation conditions to the contractual partner's credit card/account for the down payment.

  3. In the case of online bookings, a reservation can only be made after all mandatory fields in the reservation window have been entered completely and correctly and the GTCG 2016 have been expressly accepted using the application provided in the reservation window.

  4. The contractual partner acknowledges that the reservation process for online reservations can no longer be cancelled or reversed once the "Reserve with costs" button has been clicked.

  5. The contractual partner is solely responsible for the correct entry/provision of the data. If the reservation process was only incorrect due to incorrect or incomplete data being entered/disclosed, the booking can either be corrected with the help of the innkeeper or another reservation confirmation can be issued. In all cases of complaint, the reservation confirmation must be presented by the contractual partner, as otherwise the catering can be refused by the innkeeper. The electronic reservation confirmation of the innkeeper serves as the only admissible proof of a properly made reservation and must therefore be carried by the contractual partner and presented to the innkeeper's staff in the event of complaints.

  6. The contractual partner acknowledges that due to the necessary data transmission via the Internet and other data lines, problems may exceptionally occur during the reservation process without any legal consequences being derived from this.

6. cancellation of the hospitality contract by the innkeeper

  1. If the contractual partner/guests do not appear half an hour after the agreed reservation time, there is no obligation to provide hospitality unless a later arrival time has been agreed.

  2. If the contracting party has paid a deposit (see point 4), the reservation shall remain reserved for two hours after the agreed reservation time.

  3. The hospitality contract may be cancelled by the innkeeper for objectively justified reasons by means of a unilateral declaration no later than three months before the agreed hospitality of the contractual partner or guests.

7 Withdrawal by the contractual partner - cancellation fee

  1. The services offered by the innkeeper are leisure services within the meaning of Section 18(1)(10) FAGG, which are provided at a specific time within a precisely specified period. The contractual partner is therefore not entitled to a right of cancellation in accordance with § 11 Para. 1 FAGG.

  2. Withdrawal by unilateral declaration by the contractual partner is only possible subject to payment of the following cancellation fees:
    up to 3 months: 30%
    3 months to 14 days: 50%
    14 days to 1 day: 70%
    on the last day: 90%

  3. Up to a shortfall in the number of guests reserved to the following extent, a partial cancellation to the extent of the number of guests to be reduced is possible without payment of a cancellation fee by unilateral declaration by the contractual partner:
    up to 3 months: 40%
    3 months to 14 days: 30%
    14 days to 1 day: 20%
    on the last day: 10%

  4. If the number of guests falls below the reserved number of guests by more than the number of guests stated in point 7.3, a partial cancellation to the extent of the number of guests to be reduced is only possible by unilateral declaration by the contractual partner subject to payment of the cancellation fees stated in point 7.2.

  5. The respective cancellation fees are to be calculated from the agreed total amount or the total value of the agreed services (food and beverages), any flat-rate agreements or, in the absence of an agreed consumption service, from the amount of EUR 70.00 per reserved guest.

  6. Any advance payment already made will be offset against the cancellation fees specified under 7.2 and 7.3.

  7. Cancellation by the contractual partner shall only be effective if declared in writing.

8. obstructions to the journey

  1. If the contractual partner or the guests cannot appear at the catering establishment on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) make it impossible to arrive, the contractual partner shall not be obliged to pay the agreed fee.

  2. If the contractual partner or the guests cannot appear at the catering establishment on the day of arrival because they are ill, the contractual partner is obliged to pay the agreed fee; the innkeeper is obliged to cater for the guests.

9. rights of the contracting party

  1. By concluding a catering contract, the contractual partner acquires the right to the usual catering and service, as well as the use of the facilities of the catering establishment, which are usually accessible to the guests for use without special conditions.
  2. If facilities are not available or cannot be used for technical reasons, the contractual partner shall not be entitled to a reduction in charges.
  3. The contractual partner must exercise his rights in accordance with any guest guidelines (house rules).

10 Obligations of the contracting party

  1. The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to separate utilisation of services by him and/or the guests accompanying him plus - if not yet taken into account - statutory value added tax at the latest at the time of the end of the catering.
  2. The innkeeper is not obliged to accept foreign currencies. If the innkeeper accepts foreign currencies, these shall be accepted in payment at the daily exchange rate if possible. Should the innkeeper accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as enquiries with credit card companies, etc.
  3. The contracting party and its guests shall be jointly and severally liable to the innkeeper for any damage caused by the contracting party or the guest or other persons who accept services from the innkeeper with the knowledge or will of the contracting party. The contractual partner/guest shall fully indemnify and hold the innkeeper harmless against any third-party claims.
  4. It is not permitted to bring in food and drink without the prior authorisation of the innkeeper.
  5. The Contractual Partner is responsible for compliance with all statutory and official regulations - in particular those relating to trade law, fire safety, copyright protection and event law, as well as the Vienna Youth Protection Act as amended and the Tobacco and Non-Smokers Protection Act as amended - and must follow the relevant instructions of the Innkeeper. Unless otherwise provided by law, the contractual partner is obliged to obtain official authorisations at its own expense and to fulfil all official requirements at its own expense.
  6. Decorative material must comply with fire safety requirements and may only be attached - just like other objects - with the consent of the innkeeper. The attachment of decorative material to the walls using adhesives, adhesive strips, furniture staples, nails and screws is prohibited. Any items brought in must be removed by the contractual partner immediately after the event. If the items are not removed immediately, the innkeeper shall have the option of having this done by a third party at the expense of the contracting party or of charging the room hire for storage.

11. rights of the innkeeper

  1. If the contractual partner refuses to pay the agreed remuneration or is in arrears with it, the innkeeper shall be entitled to the statutory right of retention pursuant to § 471 ABGB (Austrian Civil Code) to the items brought in by the contractual partner or the guest. The innkeeper shall also be entitled to this right of retention to secure his claim arising from the hospitality contract, in particular for catering, other expenses incurred on behalf of the contractual partner and for any claims for compensation of any kind.

  2. If the innkeeper fulfils special requests of the contractual partner or guest, the innkeeper is entitled to charge a special fee for this. However, this special charge or the method of calculation must be disclosed to the guest/contractual partner before the innkeeper provides the service. The Innkeeper may also refuse to provide these services for operational reasons.

  3. The innkeeper has the right to invoice or interim invoice his service at any time.

12. duties of the innkeeper

  1. The innkeeper is obliged to provide the agreed services to an extent corresponding to his standard.

  2. The statutory warranty provisions apply.

13. limitations of liability

  1. If the contractual partner is a consumer, the liability of the innkeeper - also for items brought in - for slight negligence, with the exception of personal injury, is excluded.
  2. If the contractual partner is an entrepreneur, the liability of the innkeeper and his vicarious agents - also for items brought in - is excluded for slight and gross negligence. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.
  3. No liability is accepted for lost items belonging to the guest/contractual partner.
  4. The innkeeper shall endeavour to immediately rectify any faults in technical equipment and other facilities provided directly by the innkeeper. The innkeeper shall not be liable for failures of these facilities, the power grid or other infrastructural facilities.
  5. Liability is excluded in any case if the contractual partner and/or guest does not immediately notify the innkeeper of the damage that has occurred after becoming aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware or possibly becoming aware of them; otherwise the right shall lapse.

14. animal husbandry

  1. Animals may only be brought into the catering establishment with the prior consent of the innkeeper and, if necessary, for a special fee.

  2. The contractual partner who takes 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 own expense.

  3. The contractual partner or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided at the request of the innkeeper.

  4. The contractual partner or its insurer shall be jointly and severally liable to the innkeeper for any damage caused by animals brought into the hotel. In particular, the damage shall also include any compensation payable by the innkeeper to third parties.

15. vouchers

  1. Vouchers of any kind cannot be redeemed in cash. The period of validity of vouchers is stipulated and defined on the respective voucher, whereby these must be redeemed or exchanged within a period of 5 years from the date of issue at the latest. If vouchers of any kind are lost, the innkeeper will not provide a replacement.

  2. If the voucher ordered online has already been sent to the contractual partner before the fee to be paid for it has been received or credited by the innkeeper, the voucher shall not be valid until full payment has been made and the innkeeper shall be entitled to withhold the services securitised in the voucher until the fee owed for them has been paid in full.

  3. The contractual partner is solely responsible for the correct entry/notification of the data in the online mask provided for the transmission of the purchased voucher. If the voucher could not be delivered correctly only because the contractual partner entered/provided incorrect or incomplete data, the contractual partner shall have no legal claim to a new delivery of a voucher.

  4. When purchasing a voucher online, the contractual partner has the right to cancel it within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform the restaurant owner - Cantinetta Antinori Gastronomie GmbH, Jasomirgottstraße 3-5, 1010 Vienna, phone: +43 1 533 77 22, email: office@cantinetta-antinori.at - of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email).

  5. There is no right of cancellation in accordance with point 15.4. if the contractual partner personalises the voucher to be purchased in the online shop according to his specific wishes.

16. amendment of the hospitality contract

  1. The contracting party has no right to demand that the nature and extent of the catering be amended. If the contracting party announces its wish to amend the hospitality contract in good time, the innkeeper may agree to the amendment of the hospitality contract. The innkeeper is under no obligation to do so.

  2. The innkeeper may provide the contractual partner or the guests with other catering (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified. An objective justification is given, for example, if a certain room(s) has (have) become unusable, guests already present extend their stay, there is an overbooking or other important operational measures necessitate this step. Any additional expenses for replacement catering shall be borne by the innkeeper.

17. termination of the hospitality contract - premature cancellation

  1. If the contractual partner or his guests do not appear, the innkeeper is entitled to demand the agreed remuneration subject to point 17.3.

  2. The innkeeper is entitled to terminate the hospitality contract for good cause, in particular if the contractual partner or guest
    a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour, causes annoyance to the other guests, the owner or his people or is guilty of a punishable offence against property, morality or physical safety towards these persons;
    b) is afflicted by an infectious disease or an illness that lasts beyond the period of hospitality or otherwise becomes in need of care;
    c) fails to pay the invoices submitted when due within a reasonably set period (3 days).
    In the event of cancellation of the hospitality contract for good cause, the contracting party shall be obliged to pay the remuneration subject to clause 17.3.

  3. The innkeeper shall deduct what he has saved as a result of the non-utilisation of his service offer or what he has received by providing hospitality elsewhere. Savings shall only be deemed to exist if the catering establishment is fully utilised at the time of non-utilisation of the catering ordered by the guest and further guests can be catered for due to the non-appearance of the contractual partner. The burden of proof for the savings lies with the contractual partner.

  4. If the fulfilment of the contract becomes impossible due to an event to be considered force majeure (e.g. natural disasters, strike, lockout, delivery boycott, official orders, etc.), the innkeeper may terminate the hospitality contract at any time, unless the contract is already deemed terminated by law or the innkeeper is released from his obligation to provide hospitality. Any claims for damages etc. by the contractual partner are excluded.

18. illness, accident or death of the guest during catering

  1.  If a guest falls ill/is involved in an accident during his/her stay at the catering establishment, the innkeeper shall arrange for medical care at the guest's request. If there is imminent danger, the innkeeper shall arrange for medical care even without a special request from the guest, in particular if this is necessary and the guest is unable to do so himself.

  2. As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the innkeeper will provide medical treatment at the guest's expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness/accident.

  3. The innkeeper shall be entitled to claim compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
    Outstanding medical costs, costs for patient transport, medication and medical aids;
    necessary room disinfection;
    Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness, accident or death;
    Fee for catering services used by the guest, plus any costs incurred if the rooms cannot be used due to disinfection, evacuation, etc;
    any other damage incurred by the innkeeper.

19 Place of fulfilment, place of jurisdiction and choice of law

  1. The place of fulfilment is the place where the catering establishment is located.

  2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

  3. The exclusive place of jurisdiction in bilateral business transactions is the registered office of the innkeeper, whereby the innkeeper is also entitled to assert his rights at any other court with local and subject-matter jurisdiction.

  4. If the hospitality contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

  5. If the hospitality contract was concluded with a contractual partner who is a consumer and is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.

20. miscellaneous

  1. All amendments to the hospitality contract must be made in writing on the part of the contracting party.

  2. Unless the above provisions provide otherwise, the period shall commence upon delivery of the document stipulating the period to the contracting party, which must observe the period. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based shall not be included. Time limits determined by weeks or months refer to those days of the week or month which correspond by their name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.

  3. Declarations must be received by the other contracting party on the last day of the deadline (midnight).

  4. The Innkeeper is authorised to offset claims of the Contractual Partner. The Contractual Partner shall not be entitled to offset against claims of the Innkeeper; this shall not apply to consumers if the Innkeeper is insolvent or the Contractual Partner's claim has been established by a court or recognised by the Innkeeper.

  5. In the event of loopholes, the relevant statutory provisions shall apply.

21. data protection

  1. The contractual partner agrees that his personal data may be collected, stored and processed for the purpose of contract fulfilment and customer care as well as for our own advertising purposes, for example for sending offers, newsletters, etc. (in paper and electronic form). The contractual partner agrees that electronic mail may be sent to him for advertising purposes until cancellation. This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed at the top of the GTC.

22. accessibility

  1. Declaration on accessibility

    For the website: www.cantinetta-antinori.at

    Our commitment to accessibility

    Cantinetta Antinori Restaurant is committed to making its website accessible to all users, including people with disabilities. We are continually working to improve the usability of our website and to comply with applicable accessibility standards.

    Standards and guidelines

    Our website is based on the Web Content Accessibility Guidelines (WCAG) 2.1 at conformance level AA. These internationally recognised guidelines help to make web content more accessible for people with various disabilities.

    Known restrictions

    We are aware that our website may not yet fully fulfil all accessibility requirements. We are continuously working on improvements and ask for your understanding for any inconvenience.

    No alternative or descriptive texts are stored for some image and media content.

    Some content and operating elements require the use of individual senses or certain skills and do not yet offer any alternatives.

    Some content and control elements have low colour contrast and are therefore difficult or impossible to see for visually impaired people.

    Small spaces in the text, such as between letters and words, currently reduce readability and make it more difficult to read.

    Some of the contents are not accessible via the keyboard.

    In some cases, headings, labels and link texts may not sufficiently describe the purpose and content of the page or operating elements.

    Feedback and support

    If you have difficulties using our website or have suggestions for improving accessibility, please contact us:

    Phone: +43 (0) 1 533 77 22
    E-mail: office@cantinetta-antinori.at

    Continuous improvement

    This statement is regularly reviewed and updated to reflect our ongoing efforts to improve accessibility.

    Last update: 25 June 2025