General Terms and Conditions for events in Austrian hotels of the Dorint Hotels & Resorts and HOMMAGE LUXURY HOTELS COLLECTION brands
I. These Terms and Conditionsapply to contracts for the rental of conference, banquet and event rooms of the respective hotel for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries (hereinafter uniformly referred to as "services") of the hotel, whereby the term "hotel" here means all "Dorint" and "Hommage" hotels located in the Republic of Austria regardless of the person of the operator (hereinafter each of them referred to as "hotel"). Operators in this sense can be Dorint Hotels Betriebs GmbH (AG Köln, HRB 119364) or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), companies affiliated with them in accordance with § 15 AktG, a licensee of the aforementioned or a third party whose hotel operation is managed by one of the aforementioned operators for the account of a third party. 2. 2. the subletting or re-letting of the rooms, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form. 3. the customer's terms and conditions shall only apply if this has been expressly agreed in advance in text form. 4. customers within the meaning of these terms and conditions are both the consumer/consumer and the entrepreneur. The customer is the organizer within the framework of the contracts agreed in accordance with Clause 1, sentence 1.
II. conclusion of contract, contract partners; liability, limitation period 1. the contract is concluded upon acceptance of the customer's application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel's offer. In both cases, the hotel is free to confirm the contractual agreement in text form. In the case of bookings via the hotel's own website, the contract is concluded by clicking on the button "BOOK WITH OBLIGATION TO PAY". 2. the contractual partners are the hotel and the customer. If the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the customer or the organizer. 3. the following applies with regard to liability: a) The hotel is liable in accordance with the statutory provisions for all damages resulting from injury to life, limb and health. b) In the case of other damages, the liability of the hotel, its legal representatives or executive employees and vicarious agents for slight negligence is excluded. c) Except in cases of liability for a defect following the assumption of a guarantee for the quality of the services, fraudulently concealed defects or personal injury, the above limitation of liability from the above letter b) applies to all claims for damages regardless of their legal basis, including claims arising from tort. d) Claims for damages must be asserted within three years of the injured party becoming aware of the damage and the person causing the damage. e) If the guest is an entrepreneur, the following applies: The hotel's liability for property damage and financial loss - but not for personal injury - is limited to blatant gross negligence and intent. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated is in any case limited to the maximum liability amount of € 5,000,000 (lump sum insurance for personal injury and property damage per insured event in the hotel's liability insurance). Claims for damages must be asserted within two years of the end of the event. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage. If the customer culpably fails to notify the hotel of a defect, there shall be no entitlement to a reduction in the contractually agreed remuneration or any claims for damages.
III. services, prices, payments, offsetting 1. the hotel is obliged to provide the services ordered by the customer and promised by the hotel. 2. the customer is obliged to pay the agreed or the hotel's usual prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies. 3. the agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds 2 months. 4. invoices of the hotel without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 9.2 percentage points above the base interest rate or, in the case of legal transactions involving a consumer/consumer, 4 percent per annum. In addition, the hotel may charge a fee of €5 per reminder in the event of default. The hotel reserves the right to prove and assert higher damages. 5. the hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in text form in the contract. 6. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim. 7. the customer agrees that the invoice may be sent to him electronically.
IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel's services (no show) 1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these GTC, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination must be made in text form. 2. if the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date. 3. if a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with sentence 2 - and in the case of events with overnight stays in accordance with Section IV No. 3 sentence 3 AGBH (AGB Hotelaufnahme) in deviation from the lump-sum saved expenses specified in Section IV No. 3 sentence 4 AGBH - in accordance with the following scales. 4. free cancellation options Customer (proportion of the agreed total volume)*
Persons/conference offer = pax / Roomnights = RN | |||||
up to 15 pax/RN | 16 - 30 pax/RN | 31 - 50 pax/RN | |||
up to 21 days before arrival | 100 % free of charge | up to 28 days before arrival | 100 % free of charge | up to 42 days before arrival | 100 % free of charge |
up to 14 days before arrival | 50 % free of charge | up to 21 days before arrival | 50 % free of charge | up to 28 days before arrival | 50 % free of charge |
up to 7 days before arrival | 25 % free of charge | up to 14 days before arrival | 25 % free of charge | up to 21 days before arrival | 25 % free of charge |
up to 1 day before arrival | max. 1 room and/or 1 participant free of charge | up to 7 days before arrival | 10 % free of charge | up to 14 days before arrival | 10 % free of charge |
up to 1 day before arrival | max. 2 rooms and/or 2 participants free of charge | up to 1 day before arrival | max. 2 rooms and/or 2 participants free of charge | ||
51 - 100 pax/RN | 101 - 150 pax/RN | 151 - 250 pax/RN | |||
up to 90 days before arrival | 100 % free of charge | up to 120 days before arrival | 100 % free of charge | up to 150 days before arrival | 100 % free of charge |
up to 42 days before arrival | 50 % free of charge | up to 90 days before arrival | 50 % free of charge | up to 120 days before arrival | 50 % free of charge |
up to 28 days before arrival | 25 % free of charge | up to 42 days before arrival | 25 % free of charge | up to 90 days before arrival | 25 % free of charge |
up to 14 days before arrival | 10 % free of charge | up to 21 days before arrival | 10 % free of charge | up to 42 days before arrival | 10 % free of charge |
up to 1 day before arrival | max. 3 rooms and/or 3 participants free of charge | up to 7 days before arrival | 5 % free of charge | up to 21 days before arrival | 5 % free of charge |
up to 1 day before arrival | max. 3 rooms and/or 3 participants free of charge | up to 1 day before arrival | max. 4 rooms and/or 4 participants free of charge | ||
251 - 350 pax/RN | 351 - 500 pax/RN | > 500 pax/RN | |||
up to 180 days before arrival | 100 % free of charge | up to 240 days before arrival | 100 % free of charge | individually | |
up to 150 days before arrival | 50 % free of charge | up to 180 days before arrival | 50 % free of charge | ||
up to 120 days before arrival | 25 % free of charge | up to 90 days before arrival | 25 % free of charge | ||
up to 60 days before arrival | 10 % free of charge | up to 60 days before arrival | 10 % free of charge | ||
up to 14 days before arrival | 5 % free of charge | up to 14 days before arrival | 5 % free of charge | ||
up to 1 day before arrival | max. 4 rooms and/or 4 participants free of charge | up to 1 day before arrival | max. 5 rooms and/or 5 participants free of charge |
* The sliding scale can only be applied once. The respective number of persons/RN refers to the actual group size and is not an addition of the event days. E.g. 100 people on 3 days fall into the 100 pax/RN cancellation group and not the group for 300 pax/RN. If different numbers of people are booked on different days of the event, the higher number of people is decisive. The same applies if the number of rooms and conference participants are different. The percentages apply accordingly to other event-related services such as room rental, additional food and beverages or booked workshops. In the event that the agreed minimum turnover, which is made up of a conference package, additional drinks or conference technology, is not reached, the difference to the agreed minimum turnover will be charged as room rental. In the event of a complete cancellation and thus failure to achieve the minimum turnover, the latter shall be invoiced in accordance with the above table.
5. the portions of the event/overnight stays to be canceled free of charge represent the flat-rate expenses saved. The hotel is therefore entitled to charge the customer for the portions of the event/overnight stays that can no longer be canceled free of charge and to withhold them from the deposit, insofar as this has been paid. 6. the customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
V. Withdrawal by the hotel 1. if it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms/conference offers and the customer does not waive his right of withdrawal within 2 weeks upon enquiry by the hotel. If the guest fails to act within this period, the hotel is entitled to cancel the contract. This applies accordingly if an option has been granted, if other inquiries have been made and the customer is not prepared to make a firm booking after the hotel has set a deadline of 2 weeks. 2. if an agreed advance payment or an advance payment demanded in accordance with III. clause 5 is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract. 3. furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if ...
4. in the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
VI Changes to the number of participants, event time and seating arrangements 1. in the event of an upward deviation, the actual number of participants shall be charged. 2. if the number of participants deviates by more than 10% upwards or downwards, the hotel is unilaterally entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases. 3. if the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may invoice its additional readiness to provide services appropriately, unless the hotel is at fault in this respect. 4. the contractually agreed seating arrangements may be changed free of charge up to 48 hours before the start of the event. After this time, the hotel reserves the right to demand compensation for the change, which can also be agreed verbally between the contracting parties.
VII Bringing food and beverages The customer may not bring food and beverages to events. Exceptions require prior agreement in text form with the hotel. In such cases, a reasonable contribution to cover overheads will be charged.
VIII Technical equipment and connections 1 Insofar as the hotel procures technical or other equipment/furnishings from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. He shall indemnify the hotel comprehensively against all third-party claims arising from the provision of these facilities/equipment. 2. the use of the customer's own electrical equipment using the hotel's electricity network requires the customer's prior consent in text form. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment. 3. with the prior consent of the hotel in text form, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a reasonable connection fee for this. 4. if suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own equipment, a reasonable cancellation fee may be charged in this respect. 5. faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
IX. Loss of or damage to items brought along 1. Exhibition or other (including personal) items brought along are at the customer's own risk in the event rooms or in the hotel. Any decoration material brought along must fully comply with fire protection requirements. The hotel is entitled to demand official proof of this in advance. If such proof is not provided in good time, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in detail with the hotel in advance. Any exhibition or other items brought in must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room in breach of the contract, the hotel may charge a reasonable compensation for use for the duration of their retention. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed. In addition, the hotel reserves the right to prove and assert higher damages. 2. should the customer wish to send event equipment or materials to the hotel in advance, this requires the express consent of the hotel. Depending on the type, duration and scope, the hotel reserves the right to demand a reasonable expense allowance for this, to which the customer must agree in advance. In all other respects, the provisions of clause 1 shall apply. 3. the hotel may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually placed in safekeeping by guests of the hotel. 4. the hotel shall be liable to the contracting party for items brought into the hotel in accordance with the statutory provisions, including the maximum amounts of liability specified therein (i.e. as of June 2, 2020 up to a maximum amount of € 1,100), unless the hotel proves that the damage was neither caused by the hotel nor by an employee nor by third parties entering or leaving the hotel. Under these circumstances, the hotel is liable for valuables, money and securities up to a maximum amount of € 550, unless the hotel has taken these items into safekeeping with knowledge of their nature or the damage was caused by the hotel or its employees. The liability claims expire if the contract partner does not notify the hotel immediately after becoming aware of the loss, destruction or damage. However, this does not apply if the items have been specially accepted by the hotel for safekeeping in the central safe. The hotel shall only be liable for valuables, jewelry, large sums of money and securities if they are deposited in the central safe in return for receipts. In all other respects, the limitations of liability and the statute of limitations pursuant to II. clause 3 above shall apply. If the guest is an entrepreneur, the amount of any liability of the hotel is limited to the maximum liability amount of € 5,000,000 (lump sum insurance for personal injury and property damage per insured event in the hotel's liability insurance).
X. Intangible rights of the hotel 1. the use of logos/pictures of the hotel in any form by the customer always requires prior written consent. If a publication is made without the corresponding consent, the hotel is entitled to withdraw from the contract. The customer shall be liable to the hotel for any damages arising from the use and withdrawal. 2. should the customer engage a photographer, prior written permission is always required. Private photographs taken during the stay at the hotel are permitted for private use only. The commercial use of photographs is only permitted after prior consultation and with the written permission of the hotel. Otherwise, the hotel reserves the right to take legal action.
XI. House rules 1. the customer and all event participants or visitors, employees and other third parties are obliged to observe the hotel's house rules. In particular, they must comply with the hotel's fire safety regulations. This includes that no escape routes may be blocked and that smoking and fire bans in the foyer and/or in the event rooms must be observed. In case of doubt, the hotel must be consulted. 2. animals may only be brought into the hotel with the prior consent of the hotel and, if necessary, only for a special fee.
XII. Liability of the customer for damages 1. the customer is liable for all damages to the building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself. If the customer is an entrepreneur, he shall be liable irrespective of any proof of fault on the part of the hotel; a consumer shall only be liable in the event of fault. 2. the hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.). 3. in the event of gross soiling (both human and animal) and/or damage, the hotel has the right to demand a flat-rate cleaning or repair fee of € 100; the hotel's right to demand higher damages by offsetting the aforementioned flat-rate cleaning or repair fee against the amount of compensation remains unaffected.
XIII. note for consumers on the EU consumer arbitration board
In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"): ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
XIV Final provisions 1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Events should be made in text form. Unilateral amendments or additions by the customer are invalid. 2. place of fulfillment and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. 3. 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. 4. should individual provisions of these general terms and conditions for events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Status: September 2024