GENERAL TERMS AND CONDITIONS - Restaurant & Wine Tavern

1. Scope

• 1.1. These General Terms and Conditions (GTC) govern the legal relationship between the innkeeper and the contractual partner/guest and apply to all reservations made and services provided in this relationship.
• 1.2. The services provided by the innkeeper, as detailed 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 terms and conditions are only valid if they have been expressly agreed to in writing.
• 1.3. By concluding a reservation – regardless of the means – the contracting party confirms that he has read and understood the terms and conditions and agrees to them.
• 1.4. The innkeeper reserves the right to amend the terms and conditions at any time, provided this is reasonable for the contractual partner, to update them to reflect current circumstances and to adapt them to legal requirements.

2. Definitions of terms

• 2.1. Catering
  Provision/serving of food and drinks in the catering establishment of the innkeeper
• 2.2. Catering contract
  This is the contract concluded between the innkeeper and the contractual partner, the focus of which is on catering and whose content is subsequently regulated in more detail.
• 2.3. Catering
  Preparation or delivery of food and beverages to a performance location outside the innkeeper's establishment, as specified by the contracting party.
• 2.4. FAGG
  Distance and Off-Premises Sales Act as amended
• 2.5. Distance selling (contract)
  within the meaning of Section 3 FAGG
• 2.6. Catering establishment
  Premises outside or inside a building where the innkeeper serves the guests.
• 2.7. Innkeeper
  natural or legal person who, as operator of a catering establishment, serves guests for a fee or rents out rooms and provides related services
• 2.8. Guest
  A natural person who receives hospitality services. The guest is generally also the contracting party. Those persons who are served in the company of the contracting party are also considered guests.
• 2.9. KSchG
  Consumer Protection Act 1979 as amended
• 2.10. Consumers
  within the meaning of Section 1 of the Consumer Protection Act (KSchG)
• 2.11. Entrepreneurs
  within the meaning of Section 1 of the Consumer Protection Act (KSchG)
• December 2nd. Reservation
  Binding offer from the contracting party to conclude a catering contract
• 2.13. Contractual Partners
  natural or legal person who concludes a catering contract as a guest or on behalf of a guest

3. Conclusion of contract/Contract content

• 3.1. The catering contract is concluded after verification of availability through the (oral or written) acceptance of the reservation by the innkeeper – or at the latest upon the guest being served. From this point on, the innkeeper and the contracting party are bound by the catering contract.
• 3.2. By providing his account or credit card details, the contractual partner expressly agrees to the debiting of all applicable fees – in particular down payments and, if applicable, cancellation fees (according to point 7) – without further consultation with the contractual partner in the direct debit procedure of the chosen payment method.
• 3.3. The basis for the fee shall be the prices listed in the innkeeper's current price list at the time of conclusion of the contract, as well as any prices individually agreed through special arrangements.
• 3.4. For all reservations, the contracting party must provide their full name (company), address, email 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 services. By submitting their email address, the contracting party also agrees to receive informational materials such as offers, etc.
• 3.5. This data constitutes an essential part of the contract and forms the basis for invoicing the contracting party. 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 will be used as the minimum for invoicing. If the agreed number of guests is exceeded with the innkeeper's consent, invoicing will be based on the actual number of guests. If the agreed number of guests is not reached, the cancellation conditions stated in point 6 apply.
• 3.6. Unless otherwise agreed regarding consumption, such as a flat rate, all consumed beverages and food will be invoiced by the innkeeper according to actual consumption and the order value according to the current price list, and a minimum consumption of EUR 10 per reserved guest is agreed upon, which must be paid even if the catering services are not used.

4. Special regulations for contracts with a deposit (celebrations, weddings)

• 4.1. The innkeeper is entitled to conclude the catering contract on the condition that the contracting party makes a deposit. In this case, the innkeeper is obligated to inform the contracting party of the required deposit before accepting the contracting party's written or verbal reservation. If the contracting party agrees to the deposit (in writing or verbally), the catering contract is concluded upon successful debiting or payment of the deposit. Only from this point onward does the catering contract, concluded on the condition of a deposit, become mutually binding. Until this point, the reservation can be canceled by either party free of charge and without giving reasons.
• 4.2. Upon acceptance of the offer by the innkeeper, the deposit is due immediately unless a later due date is agreed upon. The contracting party bears the costs of the money transfer (e.g., bank transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
• 4.3. The down payment is a partial payment towards the agreed fee.
• 4.4. The down payment is 35% of the expected total costs.
• 4.5. To ensure the smooth running of the event, we request that you inform us of any desired changes to the offer and the final number of guests as soon as possible. The number of guests must be provided by the contracting party no later than 7 days before the event; this number will be considered the guaranteed minimum and will be charged in any case. Furthermore, the cancellation policy according to section 7.2 must be observed. In the event of a change in the number of guests, the venue will make every effort to accommodate the additional requirements; any resulting additional costs will be borne by the contracting party.

5. Special regulations for distance contracts

• 5.1. Electronic declarations shall be deemed received when the party for whom they are intended can retrieve them under normal circumstances and access occurs during the innkeeper's published business hours.
• 5.2. For bookings made via remote communication, acceptance by the innkeeper occurs exclusively through a reservation confirmation from the innkeeper via email/post, or, if a deposit has been agreed upon, through successful debiting by the innkeeper or successful bank transfer by the contracting party. For the deposit, the innkeeper will charge the contracting party's credit card/bank account with the amount/percentage specified in the reservation terms and conditions.
• 5.3. For online bookings, a reservation is only possible after all mandatory fields in the reservation window have been entered completely and correctly, and after express acceptance of the terms and conditions using the application provided in the reservation window.
• 5.4. The contracting party acknowledges that, for online reservations, the reservation process cannot be cancelled or reversed after clicking the "Reserve subject to a fee" button.
• 5.5. The contracting party is solely responsible for the correct entry/provision of data. If the reservation process was incorrect only due to the entry/provision of erroneous or incomplete data, the booking can either be corrected with the assistance of the innkeeper or a different reservation confirmation can be issued. In all cases of complaints, the contracting party must present the reservation confirmation, as otherwise the innkeeper may refuse service. The innkeeper's electronic reservation confirmation serves as the only valid proof of a properly made reservation and must therefore be carried by the contracting party and presented to the innkeeper's staff in the event of complaints.
• 5.6. The contracting party acknowledges that, due to the necessary data transmissions via the Internet and other data lines, problems may exceptionally occur during the reservation process, without any legal consequences arising therefrom.

6. Innkeeper's withdrawal from the catering contract

• 6.1. 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.
• 6.2. If the contracting party has made a deposit (see point 4), the reservation will remain reserved for two hours after the agreed reservation time.
• 6.3. The catering contract may be terminated by the innkeeper at any time by unilateral declaration for objectively justified reasons. Objective reasons include, in particular, threats to the safety or reputation of the establishment, as well as force majeure.

7. Cancellation by the contractual partner – cancellation fee

• 7.1. The services offered by the innkeeper are leisure services within the meaning of Section 18 Paragraph 1 Item 10 of the Distance Selling Act (FAGG), which are provided at a specific time within a precisely specified period. Therefore, the contractual partner is not entitled to a right of withdrawal pursuant to Section 11 Paragraph 1 of the Distance Selling Act (FAGG).
• 7.2. Cancellation by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees - % of the total expenses:

Up to 3 months - 35%

3 months to 30 days - 50%

30 days to 7 days - 75%

7 days until the last day - 100%

• 7.3. If the number of guests falls short by up to 10% of the reserved number, a partial cancellation corresponding to the reduction in the number of guests is possible without payment of a cancellation fee by means of a unilateral declaration by the contracting party.
• 7.4. If the number of guests falls short of the reserved number by more than the number of guests specified in point 7.3, a partial cancellation to the extent of the reduced number of guests is only possible by unilateral declaration of the contracting party upon payment of the cancellation fees listed in point 7.2.
• 7.5. The respective cancellation fees are to be calculated from the agreed total sum or the total value of the agreed services (food and drinks), any flat-rate agreements, or, in the absence of an agreed consumption service, from the amount of EUR 30.00 (food) and EUR 20.00 (drinks) per reserved guest.
• 7.6. Any deposit already paid will be credited towards the cancellation fees mentioned in 7.2 and 7.3.
• 7.7. The withdrawal of the contractual partner is only effective if it is declared in writing.

8. Travel disruptions

• 8.1. If the contracting party or the guests cannot appear at the catering establishment on the day of arrival because all travel options are impossible due to unforeseen exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee.
• 8.2. 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 is obliged to pay the agreed fee; the innkeeper is obliged to cater to the guests.

9. Rights of the contracting party

• 9.1. By concluding a catering contract, the contracting party acquires the right to customary catering and service, as well as the use of the facilities of the catering establishment, which are usually accessible to guests without special conditions.
• 9.2. If facilities are unavailable or unusable for technical reasons, the contractual partner is not entitled to a reduction in fees.
• 9.3. The contracting party shall exercise its rights in accordance with any applicable guest guidelines (house rules).

10. Obligations of the contracting party

• 10.1. The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to separate services requested by him and/or his accompanying guests, plus – if not already included – statutory value added tax, in cash no later than the end of the catering.
• 10.2. The innkeeper is not obligated to accept foreign currencies. If the innkeeper does accept foreign currencies, they will be converted at the prevailing exchange rate. Should the innkeeper accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, etc.
• 10.3. The contracting party and its guests are jointly and severally liable to the innkeeper for any damage caused by the contracting party, its guests, or any other persons who, with the knowledge or consent of the contracting party, receive services from the innkeeper. The contracting party/guest shall fully indemnify and hold harmless the innkeeper from any claims by third parties.
• 10.4. Bringing your own food and drinks without the prior permission of the innkeeper is not permitted.
• 10.5. The contracting party is responsible for compliance with all legal and official regulations – in particular those relating to trade law, fire safety, event law, as well as Upper Austrian copyright law and
  The contracting party is responsible for compliance with the Youth Protection Act (as amended) and the Tobacco and Non-Smokers Protection Act (as amended) and must follow the innkeeper's instructions in this regard. Unless otherwise stipulated by law, the contracting party is obligated to obtain official permits at their own expense and to fulfill all official requirements at their own expense.
• 10.6. Decorating the premises is permitted from 9:00 a.m. on the day of the celebration/wedding. Decorative materials must comply with fire safety regulations and, like all other items, may only be hung with the proprietor's consent. Attaching decorative materials to the walls using adhesives, tape, staples, nails, or screws is prohibited. Any items brought onto the premises must be removed by the client immediately after the event. If removal is not carried out immediately, the proprietor reserves the right to have the items removed by a third party at the client's expense or to charge for storage.
• 10.7. Soundchecks are possible on the day of the event from 09:00h to 11:00h.

11. Rights of the innkeeper

• 11.1. If the contracting party refuses to pay the agreed fee or is in arrears, the innkeeper has the statutory right of retention pursuant to Section 471 of the Austrian Civil Code (ABGB) on the items brought onto the premises by the contracting party or the guest. This right of retention also secures the innkeeper's claims arising from the catering contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any claims for damages of any kind.
• 11.2. If the innkeeper fulfills special requests from the contracting party or guest, the innkeeper is entitled to charge a special fee. This special fee, or the method of calculation, must be disclosed to the guest/contracting party before the service is rendered. The innkeeper may also refuse these services for operational reasons.
• 11.3. The innkeeper has the right to issue an invoice or interim invoice for his services at any time.

12. Duties of the innkeeper

• 12.1. The innkeeper is obliged to provide the agreed services to a standard commensurate with his establishment.
• 12.2. The statutory warranty provisions apply.

13. Limitations of Liability

• 13.1. If the contractual partner is a consumer, the innkeeper's liability – also for items brought onto the premises – is excluded for slight negligence, with the exception of personal injury.
• 13.2. If the contractual partner is a business, the liability of the innkeeper and his agents – including for items brought onto the premises – is excluded for both slight and gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the compensable damages are limited to the amount of the reliance interest.
• 13.3. No liability is accepted for lost or stolen items belonging to the guest/contract partner.
• 13.4. The innkeeper will endeavor to promptly rectify any malfunctions in technical equipment and other facilities provided directly by the innkeeper. The innkeeper is not liable for failures of this equipment, the power grid, or other infrastructure.
• 13.5. Liability is excluded in all cases if the contractual partner and/or guest fails to notify the innkeeper of the damage immediately upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware, or reasonably being expected to become aware, of the damage; otherwise, the right to claim expires.

14. Animal husbandry

• 14.1. Animals may only be brought into the establishment with the prior consent of the innkeeper.
• 14.2. The contracting party who brings an animal is obliged to properly keep or supervise this animal during their stay or to have it kept or supervised by suitable third parties at their own expense.
• 14.3. The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by the innkeeper.
• 14.4. The contracting party or its insurer is jointly and severally liable to the innkeeper for any damage caused by animals brought onto the premises. This includes, in particular, any compensation the innkeeper is required to pay to third parties.

15. Vouchers

• 15.1. Vouchers of any kind cannot be redeemed for cash. The validity period of vouchers is specified and defined on the respective voucher, and vouchers must be redeemed or exchanged no later than 5 years after the date of issue. The innkeeper will not provide replacements for lost vouchers of any kind.

16. Amendment to the catering contract

• 16.1. The contracting party has no right to demand changes to the type and extent of the catering services. If the contracting party gives timely notice of their wish to amend the catering contract, the caterer may agree to the amendment. The caterer is under no obligation to do so.
• 16.2. The innkeeper may provide the contractual partner or guests with alternative catering (of the same quality) if this is reasonable for the contractual partner, particularly if the deviation is minor and objectively justified. Objective justification exists, for example, if a particular room (or rooms) has become unusable, if guests already present extend their stay, if there is overbooking, or if other important operational measures necessitate this step. Any additional expenses for the alternative catering shall be borne by the innkeeper.

17. Termination of the catering contract – Early termination

• 17.1. If the contracting party or his guests do not appear, the innkeeper is entitled to demand the agreed fee subject to point 17.3.
• 17.2. The innkeeper is entitled to terminate the catering contract for good cause, in particular if the contracting party or the guest
• a) makes significantly detrimental use of the premises or through
  his reckless, offensive or otherwise grossly improper behavior that displeases the other guests, the owner, his people or that he is guilty of an act punishable by law against property, morality or physical safety towards these persons;
• b) of an infectious disease or a disease that will persist over the duration of the hospitality
  goes outside, becomes infested, or otherwise becomes in need of care;
• c) the submitted invoices were not paid within a reasonable period (3 days) when due.

If the catering contract is terminated for good cause, the contracting party is obliged to pay the fee subject to point 17.3.

• 17.3. The innkeeper will deduct any savings resulting from the non-utilization of their services or any revenue generated from other catering. Savings only exist if the establishment is fully booked at the time the guest fails to utilize the services ordered by the customer and can accommodate other guests due to the customer's absence. The burden of proof for the savings lies with the customer.
• 17.4. If performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, delivery boycotts, 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 their catering obligation. Any claims for damages, etc., by the contractual partner are excluded.

18. Place of performance, jurisdiction and choice of law

• 18.1. The place of performance is Klagenfurt am Wörthersee, where the catering establishment is located.
• 18.2. This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the Austrian Private International Law Act and the Lugano Convention) and the UN Convention on Contracts for the International Sale of Goods.
• 18.3. 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
  to assert the claim before another court with local and subject-matter jurisdiction.
• 18.4. If the catering contract was concluded with a contracting party who is a consumer and has his 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.
• 18.5. If the catering contract was concluded with a contractual partner who is a consumer and has his residence 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 place of residence shall have exclusive jurisdiction for actions against the consumer.

19. Other

• 19.1. All amendments to the catering contract must be in writing on the part of the contracting party.
• 19.2. Unless otherwise provided in the above provisions, a time limit begins to run upon delivery of the document stipulating the time limit to the contracting party obligated to observe it. When calculating a time limit specified in days, the day on which the event triggering the start of the time limit occurs is not included. Time limits specified in weeks or months refer to those days of the week or month that correspond by name or number to the day from which the time limit is to be calculated. If this day does not exist in the month, the last day of that month applies.
• 19.3. Declarations must be received by the other contracting party on the last day of the deadline (midnight).
• 19.4. The innkeeper is entitled to offset claims of the contractual partner with his own claims. The contractual partner is not entitled to offset his own claims against claims of the innkeeper; this does not apply to consumers if the innkeeper is insolvent or the contractual partner's claim has been legally established or acknowledged by the innkeeper.
• 19.5. In the event of regulatory gaps, the relevant statutory provisions shall apply.
• 19.6. Should any provision of the General Terms and Conditions or an individual agreement become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

Klagenfurt am Wörthersee, 01/2023