I. Scope
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.

The subletting or re-letting of the premises provided, the use of the hotel rooms provided for purposes other than accommodation, public invitations or other advertising measures, for job interviews, sales and similar events and the use of hotel areas outside the rented rooms for the aforementioned events require prior written consent approval of the hotel and can be made dependent on the payment of an additional fee. § 540 para. 1 sentence 2 BGB does not apply if the customer is not a consumer.

The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of contract, partners; statute of limitations
The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.

The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.

All claims against the hotel expire one year after the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become statute-barred after five years, regardless of knowledge.

The customer is obliged to notify the hotel, without being asked, at the latest when the contract is concluded, if the use of the hotel service is likely to endanger the smooth running of business, the security or the reputation of the hotel in public.

III. Services, prices, payment, offsetting
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.

The agreed prices include the respective statutory VAT. If there are more than four months between the conclusion of the contract and the fulfillment of the contract and if the statutory sales tax changes during this period, the prices will be adjusted accordingly. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%. For each additional year between the conclusion of the contract and the fulfillment of the contract beyond the four months, the upper limit increases by a further 5%.

The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this.

Unless otherwise agreed, hotel invoices are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. For each reminder after default, the customer has to reimburse the hotel for reminder costs of EUR 5.00. All other costs incurred as part of the collection are borne by the customer.

The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the hotel accommodation contract.

The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.

Pets may only be brought along with the prior consent of the hotel and, if necessary, against payment.

IV. Cancellation by the customer (cancellation/non-use of hotel services)
A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be expected or if another statutory or contractual right of withdrawal is due.

If an appointment for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer can cancel the contract up to that point without triggering any payment or damage claims by the hotel.

In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the saved expenses.

The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the above claim did not arise or did not arise in the required amount.

V. Hotel Cancellation
If the customer’s right to cancel free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, within the scope of his right to Cancellation within a period set by the hotel is not waived. The same applies if an option is granted, if there are other inquiries and the customer is not willing to make a firm booking within a period set by the hotel when asked by the hotel. In this case, a firm booking means that a hotel accommodation contract is concluded from this day and the originally agreed, free cancellation period is overridden.

If an agreed advance payment or one requested in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is entitled to withdraw from the hotel accommodation contract.

Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– hotel services are booked with misleading or false information about essential facts, eg in the person of the customer or the purpose;
– The hotel has reasonable grounds to assume that the use of the hotel’s services may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– There is a breach of Clause I No. 2 above.

If the hotel withdraws with justification, the customer is not entitled to compensation.

The hotel can prevent or demand the termination of unauthorized job interviews, sales and similar events.

If the hotel has a claim for damages against the customer in the event of a withdrawal according to numbers 2, 3 and 5 above, the hotel can make a lump-sum claim. Clause IV No. 4 sentences 2 and 3 apply accordingly in this case. In these cases, the customer can prove that no damage or only minor damage has occurred.

VI. Room provision, handover and return
The customer does not acquire any right to the provision of specific rooms if this has not been expressly agreed in writing in the hotel accommodation contract.

Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has not been paid for in advance, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the customer being able to derive a claim against the hotel from this. Claims of the hotel from Clause IV remain unaffected by this regulation.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. If the guest does not ensure that the rooms are available at this time by vacating and releasing the room, the hotel can charge the full price for the next day. Further claims for damages by the hotel remain unaffected by the payment of the room price. If the hotel has to accommodate guests in another hotel due to the late eviction, the customer shall bear all costs incurred for this. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.

VII. Liability of the hotel
The hotel is liable with the diligence of a prudent businessman for its obligations under the hotel accommodation contract. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of contract-typical obligations of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.

The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to a hundred times the room price, up to a maximum of EUR 3,500, and for money, securities and valuables up to EUR 800, provided these were kept in the locked room safe. Money, securities and valuables can be kept in the hotel safe up to a maximum value corresponding to the hotel’s insured sum. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage (§703 BGB). Liability only exists if the rooms or containers in which the items were left were locked.

If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable for the loss or damage of motor vehicles parked or maneuvered on the hotel property or for their contents. The hotel is not obligated to monitor. Any damage must be reported to the hotel immediately. Number 1 sentences 2 to 4 above apply accordingly.

Wake-up calls are carried out by the hotel with the utmost care. Liability is not accepted. Messages, post and consignments for the guests are treated with care. The hotel takes care of the delivery, storage and – if requested for a fee, the forwarding of the same. Number 1 sentences 2 to 4 above apply accordingly.
Items left behind by the customer will only be forwarded at the customer’s request, risk and expense. The hotel keeps the items for three months; after that, they will be handed over to the local lost and found office, provided they are of recognizable value. If there is no recognizable value, the hotel reserves the right to destroy them after the deadline.

VIII. Data protection
The hotel processes personal data of the guest, such as personal data, contact information, personal and professional data, electronic identification data (IP addresses (log files), data on the PC, browser, etc., as well as individual data on the customer’s stay, on the legal basis of fulfilling contractual relationships, maintaining legitimate interests of the hotel and to comply with legal obligations. This for the purpose of reservations, customer relationship management, managing guest preferences and targeted marketing and advertising campaigns to promote sales and increase customer loyalty (also through direct mail). As a subsidiary of Vienna International Hotelmanagement AG, the hotel is part of a group of companies that work together in a collaborative manner. For more information, see (see “Affiliated companies”). In order to fulfill its extensive obligations, the hotel therefore also uses other affiliated companies. Within the group of companies, personal data is only received by departments that need this data to fulfill contractual and legal obligations and to protect legitimate interests. All of these bodies are contractually obliged to comply with data protection regulations. The detailed data protection information “Booking Guest” can be viewed at www.viennahouse.com/de/datenschutz.

IX. Final Provisions
The place of performance and payment for all mutual obligations is the hotel’s registered office.
The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel’s registered office in commercial transactions. If a contractual partner meets the requirement of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.

German law applies. The application of the UN sales law and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the meaning of the invalid one.

GENERAL TERMS AND CONDITIONS FOR EVENT

I. Scope
These terms and conditions apply to contracts for the rental of conference, banquet and event rooms in the hotel for events of any kind, as well as for all other related services and deliveries of the hotel.

The transfer of use, the subletting or re-letting of the rooms, areas or showcases provided as well as the invitation to and the implementation of job interviews, sales or similar events require the prior written consent of the hotel § 540 para. 1 sentence 2 BGB is waived.

The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
Publications of any kind in which reference is made to the event location must be sent to the hotel in good time for information. They require the approval of the hotel.

In addition, the additional conditions agreed upon conclusion of the contract apply.

II. Conclusion of contract, partners, liability, statute of limitations
The contract is concluded when the hotel accepts the customer’s application.
If the customer is not the organizer himself or if the organizer hires a commercial agent or organizer, the organizer is jointly and severally liable with the customer for all obligations arising from the contract.

The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for a breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to rectify the disruption and to minimize possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.

All claims against the hotel expire one year after the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

The customer is obliged to inform the hotel without being asked, at the latest when the contract is concluded, whether the event, due to its political, religious or other character, is likely to endanger the smooth running of business, the security or the reputation of the hotel in public.

Messages, mail and consignments for the customer are treated with care. The hotel takes care of the delivery, storage and – on request – the forwarding of the same for a fee.

If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. There is no monitoring obligation on the part of the hotel. The hotel is not liable for loss or damage to vehicles parked or maneuvered on the hotel property or for the contents. Any damage must be reported to the hotel immediately.

III. Services, prices, payment, offsetting
The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
The customer is obliged to pay the agreed or usual prices of the hotel for these and other services used – including those of his event participants. He is liable for the payment of all services used by the event participants as well as for the costs caused by them. This also applies to the services, costs and expenses of the hotel to third parties arranged by him. In particular for claims from copyright collecting societies.

The agreed gross prices include the respective statutory VAT. If there are more than four months between the conclusion of the contract and the event and if the statutory sales tax changes, the prices will be adjusted accordingly.

If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price can be increased appropriately, but by no more than 5%. For each additional year between the conclusion of the contract and the event beyond these four months, the upper limit increases by a further 5%. Price changes according to No. 3 are not taken into account.

The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this.

Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. For each reminder after default, the customer has to reimburse the hotel for reminder costs of €5.00. All other costs incurred as part of the collection are borne by the customer.

If a minimum turnover has been agreed and this is not achieved, the hotel can charge 60% of the difference as lost profit, unless the customer can prove a lower damage or the hotel can prove a higher damage.

The customer can only offset or reduce a claim from the hotel with a recognized or legally binding claim.

The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates are agreed in writing in the contract. Agreed deposits are non-refundable. However, should the hotel be able to resell rooms and function rooms at the same price in the event of cancellation, the deposit amounts will be returned. If the rooms and function rooms cannot be resold at the same price, the customer must pay the difference.
If, after the contract has been signed, circumstances become known which the hotel considers to be doubtful about the customer’s creditworthiness, the hotel is entitled to withdraw from the contract or to only provide the agreed services against advance payment or security.

IV. Withdrawal by the customer (cancellation, cancellation)
Cancellation by the customer of the contract concluded with the hotel free of charge requires the written consent of the hotel. If this does not take place, the agreed room rent from the contract and services arranged for third parties must be paid in any case. This does not apply in the event of a possible re-letting under the same conditions or in the event of a breach of the hotel’s contractual obligations.

If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless a case pursuant to number 1 sentence 3 applies.
Event can be canceled free of charge up to 8 weeks before the date.
Otherwise, Hotel Dreiklang is entitled to charge € 50 per reserved person.
Should the number of persons be slightly reduced, this must be communicated in writing no later than 3 days before the event, otherwise the number of persons stated in the contract shall be the basis for invoicing.

Numbers 3 to 5 allow for the deduction of saved expenses. However, the customer is free to prove that the above claim did not arise or did not arise in the required amount.

V. Cancellation by the hotel
If a right of cancellation free of charge for the customer within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer, upon inquiry by the hotel, invokes his right to cancellation in the hotel not waived within a period set by the hotel. This applies accordingly if an option is granted if there are other inquiries and the customer is not willing to make a firm booking within a period set by the hotel when asked by the hotel. In this case, a firm booking means that the originally agreed, free cancellation period is no longer valid from this date.

If an agreed advance payment or one requested in accordance with Clause III No. 8 above is not made, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract for an objectively justifiable reason,
for example if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract,
– events are booked with misleading or false information about essential facts, eg the person of the customer or the purpose;
– The hotel has justified reason to believe that the event could jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;
– There is a breach of Clause I No. 2.

If the hotel withdraws with justification, the customer is not entitled to compensation. If the hotel has a claim for damages against the customer in the event of a withdrawal according to numbers 2 or 3 above, the hotel can make a lump-sum claim. Clause IV numbers 3 to 6 apply accordingly.

Withdrawal by the hotel is also possible if the hotel becomes aware that the financial circumstances of the contractual relationship of the contractual partner have deteriorated significantly after the conclusion of the contract, in particular if the customer does not settle due claims of the hotel or does not provide sufficient security and the hotel is therefore entitled to payment appear endangered.

This is particularly the case when
– The customer has filed an application for the opening of insolvency proceedings, initiated out-of-court debt settlement proceedings or stopped making payments.
– Insolvency proceedings are opened or the opening of the same is rejected for lack of assets or for other reasons.

VI. Changes in the number of participants and the event time
A change in the number of participants booked by more than 5% must be communicated to the hotel no later than ten working days before the start of the event; it requires the written consent of the hotel. Any deviations beyond this will be invoiced to the customer.

A reduction in the number of participants by the customer by a maximum of 5%, which is communicated at least 3 working days before the start of the event, will be recognized by the hotel when billing. In the event of deviations beyond this, the originally agreed number of participants minus 5% will be taken as a basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which he can prove. The savings of the customer are to be included through the granted tolerance of 5%.

In the event of an upward deviation, the actual number of participants will be charged. If the number of participants is exceeded by more than 5%, it may no longer be possible to serve the desired menu unless the hotel has agreed to the change.

If the number of participants deviates by more than 10%, the hotel is entitled to reset the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer.

If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel can charge for the additional service provided, unless the hotel is at fault. If the agreed closing times of the events are changed and the hotel has to accommodate guests in another hotel due to the late evacuation, the customer shall bear all costs incurred for this. Further claims for damages by the hotel remain unaffected.

For events that go on after 11:00 p.m., the hotel can, unless otherwise agreed, calculate the personnel expenses from this point onwards on the basis of individual proofs. Furthermore, the hotel can pass on the travel costs of the employees based on itemized receipts if they have to go home after the end of the working day and additional costs are incurred as a result

VII. Bringing and taking away food and drinks
In principle, the customer may not bring food and drinks to events. Exceptions require a written agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged. In the event of an infringement, the hotel is entitled to demand a lump-sum compensation amount per participant for the loss that would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drinks that have been taken away.

VIII. Technical facilities and connections; regulatory permits
Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, with authority and for the account of the customer. The customer is liable for the careful treatment, the proper operation and the proper return, also of the hotel’s own facilities. He releases the hotel from all third-party claims arising from the provision of these facilities.

The use of the customer’s own electrical systems using the hotel’s electricity network requires the customer’s written consent. Disturbances or damage to the hotel’s facilities caused by the use of these systems shall be borne by the customer insofar as the hotel is not responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use.
With the consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

If the hotel’s own systems remain unused due to the connection of the customer’s own systems, a cancellation fee may be charged.
Malfunctions or damage to the systems, technical or other facilities provided by the hotel will be rectified immediately at the customer’s expense if possible.

The customer must obtain the official permits, conditions and approvals required for the event in good time at his own expense; he is responsible for compliance with public law requirements and other regulations, compliance with the provisions of noise protection, youth protection, etc. and payment of the GEMA fees .

IX. Loss of or damage to items brought with you
Exhibition items or other items, including personal items, are in the event rooms or in the hotel at the risk of the customer. The hotel assumes no liability for loss, destruction or damage, including financial losses, except in the case of gross negligence or intent on the part of the hotel in fulfilling contractual obligations. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. Apart from the cases mentioned in sentence 4, a safekeeping contract requires an express agreement.

Decoration material brought along must meet the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove or prohibit the attachment of decorative material that has already been brought in at the customer’s expense. Due to possible damage, the installation and attachment of decorative material must be agreed with the hotel in advance.

Exhibition or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer’s expense. If the items remain in the event room, the hotel can charge an appropriate compensation for use for the duration of the stay. The basis for calculation here is 150% of the proportionate rent that applies to the period in which the room could not be used, plus any compensation for damages and reimbursement of administrative costs. The customer is free to prove that the claim asserted by the hotel did not arise or did not arise in the required amount.

Other items left behind by the event participants will only be forwarded at the request, risk and expense of the participant concerned. The hotel keeps the items for 3 months; after that, the items will be handed over to the local lost and found office, provided they are of recognizable value. The customer has to bear the costs of safekeeping. If there is no recognizable value, the hotel reserves the right to destroy the item at the customer’s expense after the deadline has expired.
According to the provisions of the German Civil Code, the hotel is liable for items brought in by the customer up to a maximum of € 3,500 (§ 702 BGB). Liability is excluded if rooms, conference rooms or containers in which the guest leaves items remain unlocked. According to the BGB, we are only liable for money and valuables up to the amount of € 800 (§ 702 BGB) if they are stored in the hotel’s own safe. Otherwise, the provisions of §§ 701 ff. BGB apply in particular.
Packaging material that arises in connection with the delivery of the event by the customer or third parties must be disposed of by the customer before or after the event. If the customer leaves packaging material in the hotel, the hotel is entitled to dispose of it at the customer’s expense.

X. Customer Liability for Damage
If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself.

The hotel can require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).

XI. Final Provisions
Oral ancillary agreements are only binding if confirmed in writing. Changes or additions to the contract or this clause, the acceptance of applications or these terms and conditions for events must be in writing. Unilateral changes or additions by the customer are invalid.

The place of performance and payment for all mutual obligations is the hotel’s registered office.
The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel’s registered office in commercial transactions. If a contractual partner meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

German law applies. The application of the UN sales law and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for Events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply. The parties undertake to replace the ineffective provision with one that comes as close as possible to the meaning of the ineffective provision and is effective.