These General Terms and Conditions for the Hospitality Industry (hereinafter "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.
The General Terms and Conditions for the Hotel Industry 2006 ("AGBH 2006") shall apply exclusively to accommodation services provided by the innkeeper.
The services of the innkeeper regulated in more detail below are offered exclusively on the basis of these General Terms and Conditions. Any terms and conditions of the contracting party that deviate from or supplement these AGBG 2016 shall only be effective if they have been expressly agreed in writing.
The AGBG 2016 do not exclude special agreements and are subsidiary to agreements made in detail.
By making a reservation - by whatever means - the contracting party confirms that it has read, understood and agrees to the terms and conditions.
The innkeeper reserves the right to change the AGBG 2016 at any time, if this is reasonable for the contractual partner, to update it to current circumstances and to adapt it to the legal provisions.
2. definitions of terms
Providing/serving food and beverages in the innkeeper's catering business
Is the contract concluded between the innkeeper and the contracting party, the main focus of which is hospitality and the content of which is subsequently regulated in more detail.
Preparation or delivery of food and beverages to a place of performance determined by the contracting party outside the catering establishment of the innkeeper.
Distance selling (contract)
Distance and Outward Transactions Act (Fern- und Auswärtsgeschäftegesetz idgF)
within the meaning of § 3 FAGG
Premises outside or inside a building where the catering of the guests by the innkeeper takes place
Natural or legal person who, as the operator of the catering business, entertains guests or rents out rooms and provides related services for a fee
natural person who makes use of hospitality. As a rule, the guest is also the contracting party. Persons who are entertained in the company of the contracting party shall also be deemed to be guests.
Consumer Protection Act 1979 as amended within the meaning of § 1 KSchG
within the meaning of § 1 KSchG
within the meaning of § 1 KSchG
Binding offer of the contracting party to conclude a hospitality contract
Natural or legal person who concludes a hospitality contract as a guest or for a guest
3 Conclusion of contract/content of contract
The contract for the provision of hospitality shall come into effect after the innkeeper has checked availability by accepting the reservation (verbally or in writing) - at the latest by providing hospitality - of the guest. From this point in time, the innkeeper and the contracting party are bound to the hosting contract.
By providing the account or credit card details, the contracting party declares its express consent to the debiting of all fees incurred - in particular down payments and, if applicable, cancellation fees (in accordance with point 7) - without further consultation with the contracting party in the collection authorisation procedure of the selected payment method.
The basis for the remuneration 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 arrangement.
For all reservations, the contracting party shall provide its 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 contracting party also agrees to receive information material such as newsletters, offers, etc.
This data constitutes an essential part of the contract and is the basis for invoicing the contractual partner. Exceeding or falling short of the reserved number of persons is only permitted with the express consent of the innkeeper. The agreed number of guests shall be used as the basis for invoicing as a minimum number. If the agreed number of persons is exceeded with the consent of the proprietor, the actual number of guests shall be charged. If the number of guests falls short of the agreed number, the cancellation conditions set out in point 6 shall apply.
If no other agreement is made with regard to consumption, e.g. a flat rate, all beverages and food consumed shall be invoiced by the proprietor according to actual consumption and the order value according to the current price list and an amount of EUR 10/per reserved guest shall be deemed to be agreed as the minimum consumption, which shall also be payable in the event of non-utilisation of the catering services.
4. special regulations for contract conclusions with down payment
The innkeeper is entitled to conclude the catering contract on condition that the contracting party pays a deposit. In this case, the innkeeper is obliged to inform the contracting party of the required deposit before accepting the written or oral reservation of the contracting party. If the contracting party agrees to the down payment (in writing or verbally), the hosting contract shall come into effect upon successful debiting or payment of the down payment. Only from this point in time shall the hosting contract concluded on the condition of a down payment become binding on both sides. Until this point in time, the reservation can be cancelled by both parties free of charge and without giving reasons.
Upon acceptance of the offer by the innkeeper, the deposit shall become due for payment immediately, unless a later due date is agreed The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply.
The deposit is a partial payment on the agreed fee.
5. special rules for distance contracts
Electronic statements shall be deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances and the receipt takes place during the innkeeper's announced business hours.
Acceptance by the innkeeper in the case of bookings made by means of remote communication shall be exclusively by means of a confirmation of reservation by the innkeeper by email/by post or, in the case of an agreed deposit, with a successful direct debit by the innkeeper or with a successful bank transfer by the contracting party. For the down payment, the innkeeper shall charge the credit card/account of the contracting party with the amount/percentage stated in the reservation conditions.
In the case of online bookings, reservations can only be made after the complete and correct entry of all mandatory fields in the reservation window and the express acceptance of the GTCG 2016 by means of the application provided in the reservation window.
The contracting party acknowledges that in the case of online reservations, the reservation process can no longer be cancelled or reversed once the button "Reserve with costs" has been pressed.
The contracting party is solely responsible for the correct entry/notification of the data. If the reservation process was only incorrect due to the entry/notification of incorrect or incomplete data, 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 contracting party must in any case submit the reservation confirmation, otherwise the hospitality may be refused by the innkeeper. The electronic reservation confirmation of the innkeeper serves as the only admissible proof of the duly made reservation and must therefore be carried by the contracting party and shown to the staff of the innkeeper in case of complaints.
The contracting party acknowledges that due to the necessary data transmissions via the Internet and other data lines, problems may exceptionally arise during the reservation without any legal consequences being derived therefrom.
6. withdrawal of the innkeeper from the catering contract
If the contracting party/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.
If the contracting party has paid a deposit (see point 4), the reservation shall remain reserved for two hours after the agreed reservation time.
Up to three months before the agreed catering of the contracting party or the guests at the latest, the catering contract may be terminated by the innkeeper for objectively justified reasons by means of a unilateral declaration.
7. withdrawal by the contracting party - cancellation fee
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. Accordingly, the contracting party does not have the right to withdraw from the contract pursuant to section 11(1) FAGG.
Cancellation by unilateral declaration of the contracting party is only possible with 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%
Up to a shortfall of the reserved number of guests in 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 of the contracting party: up to 3 months: 40%
3 months to 14 days: 30%
14 days to 1 day: 20%
on the last day: 10%
In the event that the number of reserved guests is reduced by more than the number of guests specified in section 7.3, a partial cancellation to the extent of the number of guests to be reduced is only possible by unilateral declaration of the contracting party subject to payment of the cancellation fees specified in section 7.2.
The respective cancellation fees are to be calculated from the agreed total sum or the total value of the agreed services (food and beverages), any lump sum agreements or, in the absence of agreed consumption services, from the amount of EUR 70.00 per reserved guest.
A deposit already paid will be credited against the cancellation fees mentioned under 7.2 and 7.3.
The withdrawal of the contractual partner shall only be effective if it is declared in writing.
8. obstructions to the journey
If the contracting party or the guests cannot arrive at the catering establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party shall not be obliged to pay the agreed remuneration.
If the contracting party or the guests cannot appear at the catering establishment on the day of arrival because they are ill, the contracting party shall be obliged to pay the agreed remuneration; the innkeeper shall be obliged to cater for the guests.
9. rights of the contracting party
By concluding a catering contract, the contracting party 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.
If facilities are not available or cannot be used for technical reasons, the contracting party shall not be entitled to a reduction in charges.
The contracting party shall exercise its rights in accordance with any guest guidelines (house rules).
10 Obligations of the contracting party
The contracting party shall be obliged to pay the agreed remuneration plus any additional amounts which have arisen due to separate claims for services by the contracting party and/or the guests accompanying the contracting party plus - if not yet taken into account - statutory value added tax at the latest at the time of the end of the entertainment.
The host is not obliged to accept foreign currencies. If the innkeeper accepts foreign currencies, these shall be accepted in payment at the exchange rate of the day, if possible. If the innkeeper accepts foreign currencies or non-cash means of payment, the contracting party shall bear all related costs, such as enquiries with credit card companies, etc.
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 contracting party/guest shall indemnify and hold the innkeeper harmless in full for any claims by third parties.
Food and drinks may not be brought in without the prior permission of the innkeeper.
The contracting party shall be responsible for compliance with all statutory and official regulations - in particular those relating to commercial law, fire prevention, copyright protection and event law, as well as the Vienna Youth Protection Act, as amended, and the Tobacco and Non-Smoker Protection Act, as amended - and shall follow the instructions of the host in this regard. Unless otherwise provided by law, the contracting party shall be obliged to obtain official permits at its own expense and to comply with all official requirements at its own expense.
Decorative material must comply with fire safety requirements and may only be attached with the consent of the innkeeper, as may other objects. The attachment of decorative material to the walls using adhesives, adhesive strips, furniture staplers, nails and screws is prohibited. Objects brought in are to be removed by the contract partner immediately after the event. If the items are not removed immediately, the host has the option of having this done by a third party at the expense of the contract partner or charging room rent for storage.
11. rights of the innkeeper
If the contracting party refuses to pay the agreed remuneration or is in arrears with it, the innkeeper shall be entitled to the statutory right of retention in accordance with § 471 ABGB (Austrian Civil Code) in respect of the items brought in by the contracting party or the guest. The innkeeper shall furthermore be entitled to this right of retention to secure his claim arising from the catering contract, in particular for catering, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.
If the innkeeper fulfils special requests of the contract partner or guest, the innkeeper is entitled to charge a special fee for this. However, this special charge or the way it is calculated shall be disclosed to the guest/contractual partner before the service is provided by the innkeeper. The innkeeper may also refuse these services for operational reasons.
The innkeeper has the right to invoice or interim invoice his service at any time.
12. duties of the innkeeper
The innkeeper is obliged to provide the agreed services to an extent corresponding to his standard.
The statutory warranty provisions shall apply.
13 Limitations of liability
If the contracting party is a consumer, the innkeeper's liability - also for items brought in - is excluded for slight negligence, with the exception of personal injury.
If the contract partner is an entrepreneur, the liability of the innkeeper as well as 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 find its limit in the amount of the trust interest.
No liability is accepted for lost property of the guest/contract partner.
The host shall endeavour to remedy any faults in technical equipment and other facilities provided directly by the host without delay. The innkeeper is not liable for failures of these facilities or of the electricity network or other infrastructural facilities.
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 from the time of knowledge. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.
14. animal husbandry
Animals may only be brought into the catering establishment with the prior consent of the innkeeper and, if necessary, for a special fee.
The contracting 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 suitable third parties at his expense.
The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the host.
The contracting party or its insurer shall be jointly and severally liable to the innkeeper for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the innkeeper which the innkeeper has to make to third parties.
Vouchers of any kind are not redeemable for cash. The period of validity of vouchers is stipulated and defined on the respective voucher, whereby these must be redeemed or exchanged at the latest upon expiry of a period of 5 years from the date of issue. In case of loss of vouchers of any kind, no replacement will be provided by the innkeeper.
If the voucher ordered online has already been sent to the contracting party before the payment to be made for it has been received or credited by the innkeeper, the voucher shall not be valid until payment has been made in full and the innkeeper shall be entitled to withhold the services evidenced by the voucher until the payment owed for them has been made in full.
The contractual partner is solely responsible for the correct entry/notification of the data in the online mask provided for this purpose for the transmission of the purchased voucher. If the delivery of the voucher could not be carried out correctly only due to the entry/notification of incorrect or incomplete data on the part of the contractual partner, the contractual partner shall have no legal claim to the resending of a voucher.
When purchasing a voucher online, the contractual partner has the right to revoke this within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform the innkeeper - Cantinetta Antinori Gastronomie GmbH, Jasomirgottstraße 3-5, 1010 Vienna, Telephone: +43 1 533 77 22, Email: email@example.com, by means of a clear declaration (e.g. a letter or email sent by post) - of your decision to withdraw from this contract.
A right of revocation pursuant to item 15.4 does not exist if the contractual partner personalises the voucher to be purchased in the online shop according to his specific wishes.
16. amendment of the hosting agreement
The contracting party shall not be entitled to have the type and extent of the catering changed. If the contracting party gives notice of its wish to amend the catering contract in good time, the innkeeper may agree to the amendment of the catering contract. The innkeeper shall not be obliged to do so.
The innkeeper may provide the contracting party or the guests with different catering (of the same quality) if this is reasonable for the contracting party, 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 the substitute catering shall be borne by the innkeeper.
17 Termination of the hosting agreement - early termination
If the contracting party or its guests do not appear, the innkeeper shall be entitled to demand the agreed remuneration subject to clause 17.3.
The innkeeper shall be entitled to terminate the catering contract for good cause, in particular if the contracting partner or the guest
a) makes significantly detrimental use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behaviour, causes offence to the other guests, the owner, his people or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or an illness which extends beyond the period of entertainment or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
In the event of termination of the catering contract for good cause, the contracting party shall be obliged to pay the remuneration subject to clause 17.3.
The innkeeper shall deduct what he saves as a result of the non-utilisation of his service offer or what he has received by providing hospitality elsewhere. A saving shall only be deemed to exist if the catering establishment is fully occupied at the time of the non-utilisation of the catering ordered by the guest and further guests can be catered for due to the non-appearance of the contracting party. The burden of proof for the savings shall be borne by the contracting party.
If the performance of the contract becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, boycott of deliveries, official orders, etc.), the innkeeper may terminate the catering contract at any time, unless the contract is already deemed terminated by law or the innkeeper is released from his catering obligation. Any claims for damages etc. of the contracting party are excluded.
18. illness, accident or death of the guest during the service
If a guest falls ill or has an accident during his stay in the catering establishment, the proprietor shall arrange for medical care at the guest's request. In case of imminent danger, the innkeeper shall arrange for medical care even without the guest's special request, in particular if this is necessary and the guest is not able to do so himself.
As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the host will provide medical treatment at the guest's expense. However, the scope of such care shall end at the time when the guest is able to make decisions or the relatives have been notified of the illness/accident.
The innkeeper shall be entitled to compensation from the contracting party and the guest or, in the event of death, from their legal successors, in particular for the following costs:
outstanding medical expenses, costs for ambulance transport, medicines and remedies;
necessary room disinfection;
Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness, accident or death;
Payment for catering services used by the guest, plus any costs for the unusability of the rooms due to disinfection, evacuation or the like;
any other damages incurred by the innkeeper.
19 Place of performance, place of jurisdiction and choice of law
The place of performance shall be the place where the catering business is located.
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) as well as UN sales law.
The exclusive place of jurisdiction for bilateral business transactions is the registered office of the innkeeper, whereby the innkeeper is also entitled to assert his rights at any other locally and factually competent court.
If the catering contract was concluded with a contracting party who is a consumer and has his or her domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.
If the hosting contract was concluded with a contracting party who is a consumer and who 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.
All changes to the hosting contract must be made in writing on the part of the contracting party.
Unless the above provisions provide otherwise, the term shall commence with the delivery of the document setting the term to the contracting party who must observe the term. If a time limit is calculated on the basis of days, the day on which the point in time or the event occurs which is to determine the beginning of the time limit shall not be included in the calculation. Time limits determined by weeks or months refer to those days of the week or month which by their designation or number correspond to the day from which the time limit is to be counted. If this day is missing in the month, the last day of that month shall be decisive.
Declarations must be received by the respective other contracting party on the last day of the period (midnight).
The innkeeper is entitled to offset claims of the contracting party. The contracting party is not entitled to offset against claims of the innkeeper; this does not apply to consumers if the innkeeper is insolvent or the claim of the contracting party has been determined by a court or recognised by the innkeeper.
In the event of regulatory gaps, the relevant statutory provisions shall apply.
21. data protection
The contracting party agrees that its personal data may be collected, stored and processed (in paper and electronic form) for the purpose of fulfilling the contract and supporting the customer as well as for its own advertising purposes, e.g. for sending offers, newsletters and the like. The contractual partner agrees that electronic mail may be sent to him/her for advertising purposes until revoked. This consent may be revoked at any time in writing by e-mail, fax or letter to the contact details stated at the top of the GTC.