GTC

ZUM GOLDENEN HIRSCHEN

GENERAL TERMS AND CONDITIONS OF BUSINESS OF ZUM GOLDENEN HIRSCHEN CONCERNING LODGING (version January 2022)

  1. Scope of application

1.1.    These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all deliveries and services provided by the Goldener Hirschen Betriebs GmbH & Co KG with its registered office in Gmunden and its business address at Linzerstrasse 4, registered in the Commercial Register of the Commercial Court of Wels under FN 550013 v, (hereinafter referred to as “ZUM GOLDENEN HIRSCHEN”) to the Guest and its respective accompanying persons, who make use of deliveries and services of ZUM GOLDENEN HIRSCHEN (hereinafter jointly referred to as “Guest”), an organizer or other contractual partners who conclude an accommodation contract for a Guest (hereinafter referred to as “Contractual Partner”), arising from or in connection with an accommodation contract. As a rule, the guest is also the contracting party. The deliveries and services consist in particular in the provision of the use of hotel rooms and other premises, e.g. for seminars, meetings, presentations, conferences and other events, as well as all other related deliveries and services of ZUM GOLDENEN HIRSCHEN, such as the sale of food and beverages (F&B), on the basis of the accommodation agreement concluded between ZUM GOLDENEN HIRSCHEN and the Contractual Partner (hereinafter referred to as “Accommodation Agreement” with respect to all aforementioned deliveries and services). ZUM GOLDENEN HIRSCHEN is entitled to have its deliveries and services performed by third parties.

1.2 These GTC refer to the accommodation contract concluded with ZUM GOLDENEN HIRSCHEN. The general terms and conditions of the Contractual Partner shall not apply, even if ZUM GOLDENEN HIRSCHEN does not expressly object to them. Counter-confirmations of the Contractual Partner with reference to his General Terms and Conditions are hereby contradicted.

2. Conclusion of Contract and Deposit

2.1 The offers made by ZUM GOLDENEN HIRSCHEN on its website (www.hirschengmunden.at) are non-binding.

2.2 Bookings by the Contractual Partner as well as verbal agreements shall only be deemed accepted or binding if they have been confirmed in writing by ZUM GOLDENEN HIRSCHEN by means of persons authorized to represent the Contractual Partner or have been expressly agreed upon via the booking platform in accordance with the procedure stipulated therein. Correspondence of any kind that merely confirms receipt of a booking (such as, but not limited to, automatically generated electronic confirmations of receipt sent by e-mail in the case of bookings made via the booking platform) shall not be deemed to constitute acceptance of the actual booking. Silence on the part of ZUM GOLDENEN HIRSCHEN shall not be deemed to constitute acceptance. If the booking confirmation of ZUM GOLDENEN HIRSCHEN contains changes compared to the booking, these changes shall be deemed to be approved by the Contractual Partner if he does not object to them within 24 hours. ZUM GOLDENEN HIRSCHEN assumes no responsibility or obligation to verify any errors in the booking process, unless they are corrected by the Contractual Partner promptly, at the latest, however, within 2 hours after receipt of the booking confirmation.

2.3 If the Purchaser concludes the contract on behalf of a third party, it is not the Purchaser but the third party who becomes the contractual partner of ZUM GOLDENEN HIRSCHEN. The Purchaser must inform ZUM GOLDENEN HIRSCHEN of this in good time and before the conclusion of the contract, send or hand over his written authorization for the specific conclusion of the contract and inform ZUM GOLDENEN HIRSCHEN of the name and address of the actual contractual partner. In any case of missing or insufficient authorization by the (intended) contractual partner, the Purchaser itself shall be deemed to be the contractual partner and shall be liable, irrespective of the degree of its own fault, for the performance interest.

2.4 ZUM GOLDENEN HIRSCHEN is entitled to demand an appropriate advance payment or a security deposit (e.g. in the form of a credit card guarantee or a down payment) up to 100% of the agreed contract sum from the contract partner upon conclusion of the contract. In this case, the booking shall only be deemed to have been made upon receipt of the requested security deposit by the Contracting Party, whereby the accommodation contract shall only be deemed to have been concluded upon renewed acceptance of the booking by ZUM GOLDENEN HIRSCHEN.

2.5 In any case, for bookings of the following sizes, the Party shall be obligated to make a down payment in the amount of 90% of the agreed contract sum plus any value-added tax by the dates specified below, as follows:

– from 8-21 rooms at the latest 30 calendar days (received) prior to the start of the first calendar day of accommodation at ZUM GOLDENEN HIRSCHEN (hereinafter referred to as “arrival date”);

 

The provisions of section 2.4 of these GTC shall apply mutatis mutandis. The down payment shall be credited against the agreed contract sum.

2.6 If the Party defaults on the payment of the down payment, ZUM GOLDENEN HIRSCHEN shall be entitled to terminate the accommodation contract in question for good cause for which the Party is responsible, notwithstanding the provisions of section 2.4 of these GTC, after a further written request (by e-mail is sufficient) and a grace period of 2 banking days. Such termination shall be deemed as cancellation by the Party, so that ZUM GOLDENEN HIRSCHEN shall be entitled to charge the (no-fault) cancellation fees specified below. Further claims for damages by ZUM GOLDENEN HIRSCHEN remain unaffected.

  1. contract sum/prices and terms of payment

3.1 The agreed contract sum is determined according to the ZUM GOLDENEN HIRSCHEN price list valid at the time of conclusion of the contract. All prices are exclusive of statutory value added tax, local taxes and for the lowest applicable unit (persons, days, etc.). In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the agreed subject matter of the supplies and after the conclusion of the contract, the agreed contractual amount shall be adjusted accordingly; in the case of contracts with consumers, however, only if the period between the conclusion of the contract and the performance of the contract/accommodation exceeds 3 calendar months.

3.2 The agreed contract sum of the confirmed booking shall be binding, subject to the provisions in items 3.1 and 3.3 of these GTC. Any special prices or conditions temporarily advertised as a promotion shall not apply to an accommodation contract already concluded, even if these special prices or conditions relate to the time of accommodation.

3.3 If the period between the booking and the date of arrival exceeds 3 calendar months, ZUM GOLDENEN HIRSCHEN shall be entitled to increase the agreed contractual amount accordingly. In this case, the agreed contractual amount will change in the same proportion as the consumer price index 2020, published by STATISTIK Austria at (www.statistik.at), changes. The basis for the value protection is the index figure published for the month of the conclusion of the contract (= 100), the comparative index is the last published index before the beginning of the first calendar day of accommodation in the ZUM GOLDENEN HIRSCHEN. Fluctuations of up to 5% are not taken into account.

3.4 ZUM GOLDENEN HIRSCHEN will inform the Contractual Partner in writing (by e-mail is sufficient) of the desired price increase in accordance with the above provisions. The Party shall have the right to withdraw from the respective accommodation contract in writing (e-mail sufficient) within 3 calendar days from the date of the written information if it does not accept the contract amount increased according to the above provisions. ZUM GOLDENEN HIRSCHEN may also unilaterally avert such a withdrawal by the Contractual Partner if ZUM GOLDENEN HIRSCHEN waives the increase in the contractual sum resulting from the above provisions plus any value-added tax in writing (e-mail sufficient) to the Contractual Partner within 3 calendar days of receipt of the notice of termination by the Contractual Partner.

3.5 The agreed contractual amount may also be changed by ZUM GOLDENEN HIRSCHEN if the Contractual Partner makes changes to the booking, in particular with regard to the number of guests and the rental period.

3.6 The payment claim of ZUM GOLDENEN HIRSCHEN is due immediately upon receipt of the respective invoice without deduction. ZUM GOLDENEN HIRSCHEN is entitled to invoice or interim invoice for the deliveries and services provided at any time. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of delayed payment, interest on arrears in the amount of 9.2% above the base interest rate per year shall be deemed to have been agreed for entrepreneurs as contractual partners and interest on arrears in the amount of 5% per calendar year shall be deemed to have been agreed for consumers within the meaning of the Consumer Protection Act. This shall also apply to the costs and expenses of ZUM GOLDENEN HIRSCHEN vis-à-vis third parties in connection with the booked deliveries and services, insofar as these costs and expenses have been stipulated in the Accommodation Agreement or approved by the Party or are usually associated with the agreed deliveries and services.

3.7 The Party undertakes to bear all reasonable and expedient costs and expenses associated with the collection of the claims of ZUM GOLDENEN HIRSCHEN, such as, in particular, collection costs set out in the tariff or reminder costs, such as, in particular, reminder letters from lawyers. In case of reminders ZUM GOLDENEN HIRSCHEN reserves the right to charge a lump sum of € 20,– plus VAT for each reminder sent.

3.8 The issuing of a total invoice does not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice entitles ZUM GOLDENEN HIRSCHEN to withhold all further and future services and to make the fulfillment of the services in any case dependent on a security deposit or down payment in the amount of up to 100% of the outstanding payment.

3.9 Payment as well as security deposits and down payments are due without deduction and without discount. Costs of money transactions (e.g. transfer charges) shall in any case be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply. ZUM GOLDENEN HIRSCHEN is entitled to reject foreign currency, checks and credit cards. If foreign currencies are accepted, they will be accepted in payment at the current exchange rate, whereby the Contractual Partner shall bear all related costs. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused deliveries and services is excluded.

3.10. If the Contractual Partner uses a credit card for payment, even without physically presenting it (e.g. via telephone, Internet or similar), the Contractual Partner is not entitled in relation to ZUM GOLDENEN HIRSCHEN to revoke this charge to its credit card institute.

3.11. If the Contractual Partner refuses to pay the agreed contractual amount or is in default of payment, ZUM GOLDENEN HIRSCHEN shall be entitled to the statutory right of retention pursuant to § 970c ABGB (Austrian Civil Code) as well as the statutory right of lien pursuant to § 1101 ABGB (Austrian Civil Code) on the items brought in by the Contractual Partner, whereby it shall be deemed to have been agreed that all items brought into the premises rented by the Contractual Partner are in the unencumbered ownership of the Contractual Partner. Furthermore, ZUM GOLDENEN HIRSCHEN shall be entitled to this right of retention or lien as security for its other claims arising from the accommodation agreement, in particular for catering, other expenses incurred on behalf of the Party, and for any claims for compensation of any kind.

3.12. The Party may only offset a claim of ZUM GOLDENEN HIRSCHEN if its claim is undisputed or has been legally established by a court. This shall apply mutatis mutandis to the exercise of a right of retention on account of the Contractual Partner’s own claims. Such claims may only be assigned with the written consent of ZUM GOLDENEN HIRSCHEN.

3.13. Unless otherwise agreed in writing, the Contractual Partner is obligated to pay the agreed contractual amount plus any additional amounts that have arisen due to separate use of services by the Contractual Partner and/or the Guests attributable to him, in each case no later than on the day of departure. For such additional amounts, unless otherwise expressly agreed in writing (by e-mail sufficient), the Contractual Partner and each of the guests attributable to him (if of age) shall be jointly and severally liable.

3.14. ZUM GOLDENEN HIRSCHEN does not accept foreign currencies. Payment is to be made exclusively in Euro.

3.15. ZUM GOLDENEN HIRSCHEN is entitled to invoice or interim invoice its deliveries and services at any time.

4. Use and Handover of Hotel Premises, Departure

4.1 The provision of hotel rooms and/or other premises, e.g. for seminars, meetings, presentations, conferences and other events, shall be exclusively for accommodation purposes or the respectively agreed event purposes, unless ZUM GOLDENEN HIRSCHEN has expressly approved an alternative use of the premises in writing in an individual case. By concluding the accommodation contract, the Contractual Partner acquires the right to the customary use of the booked hotel rooms and/or other premises as well as the other facilities of ZUM GOLDENEN HIRSCHEN, insofar as the latter are open for use by all guests.

4.2 The transfer or subletting of the rented premises to third parties as well as the use of the rented premises by third parties free of charge is not permitted without the express prior written consent of ZUM GOLDENEN HIRSCHEN.

4.3 The booked premises shall be available to the Contractual Partner and the guests attributable to it from 3:00 p.m. on the day of arrival, unless ZUM GOLDENEN HIRSCHEN has given its express prior written approval (by e-mail is sufficient) for earlier use free of charge. If premises are used for the first time before 3:00 p.m. without such approval of free earlier use by ZUM GOLDENEN HIRSCHEN, the preceding day shall count as the day of arrival. In this case ZUM GOLDENEN HIRSCHEN has the right to charge this previous night at the current accommodation price according to the price list of ZUM GOLDENEN HIRSCHEN valid in this period (list price).

4.4 Unless otherwise agreed, ZUM GOLDENEN HIRSCHEN has the right to assign booked rooms to other guests on the day of arrival, without the Party and/or the guests attributable to it being able to derive any rights or claims from this, provided that the Party and/or the guests attributable to it have not taken over the booked rooms by this time. In this case, there shall be no obligation to provide accommodation. If the contracting party has provided a security deposit and the premises have been booked for more than one night, the premises shall remain reserved until 12:00 noon of the calendar day following the day of arrival, irrespective of the time of arrival; thereafter, there shall again be no obligation to provide accommodation.

4.5 The booked premises must be vacated on the day of departure no later than 11:00 a.m. on the last calendar day of accommodation at ZUM GOLDENEN HIRSCHEN (hereinafter referred to as “departure day”). If this is not the case for reasons for which the Contractual Partner and/or the guests attributable to it are responsible, ZUM GOLDENEN HIRSCHEN shall be entitled to charge for a further full calendar day at the current accommodation price according to the ZUM GOLDENEN HIRSCHEN price list valid during this period (list price). Further claims for damages by ZUM GOLDENEN HIRSCHEN remain unaffected.

4.6 If the Party notifies ZUM GOLDENEN HIRSCHEN in good time of its wish to extend the stay or other deliveries and services, the latter may accept the offer to extend the stay and the associated amendment to the accommodation contract at its own discretion. ZUM GOLDENEN HIRSCHEN shall not be obliged to do so, so that the Party shall not be entitled to extend the stay and/or amend the accommodation contract. ZUM GOLDENEN HIRSCHEN shall be entitled to adjust the agreed contractual amount in the event of such extensions, also irrespective of the previous conditions of the Party.

5. Cancellation of the Accommodation Agreement by the Party or Reduction of the Scope of the Agreement – Cancellation Fee

5.1 In the event of cancellation of the Accommodation Agreement or reduction of the scope of the Agreement (which must in any case be made in writing, by e-mail sufficiently) after conclusion of the Accommodation Agreement, the Party shall, except in cases of force majeure and insofar as ZUM GOLDENEN HIRSCHEN is culpably responsible, be obliged to make the following payments as a contingency fee within the meaning of § 909 ABGB (Austrian Civil Code) (hereinafter referred to as “cancellation fee”). A complete or partial cancellation of the accommodation contract or reduction of the scope of the contract for bookings by the Contractual Partner after conclusion of the accommodation contract up to 6 months before the date of arrival at the latest is possible free of charge; however, any deposits made prior to this shall remain with ZUM GOLDENEN HIRSCHEN in any case and shall in this case be deemed to be the applicable cancellation fee in the same amount. Canceled rooms and other supplies and services may be subcontracted by ZUM GOLDENEN HIRSCHEN to third parties without the resulting advantage for ZUM GOLDENEN HIRSCHEN affecting the amount of the cancellation fee.

– Bookings of 1-7 rooms:

– Here, the booking conditions (whether advance booking, non-refunded online bookings, etc.) according to the booking confirmation apply.

 

– Bookings of 8-21 rooms:

– 80% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the contract amount plus any VAT, if the cancellation of the accommodation contract or reduction of the contract amount is received by ZUM GOLDENEN HIRSCHEN later than 30 calendar days but earlier than 14 calendar days before the arrival date;

– 90% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the contract amount if the cancellation of the accommodation contract or reduction of the contract amount is received by ZUM GOLDENEN HIRSCHEN later than 14 calendar days but earlier than 7 calendar days before the date of arrival.

– 95% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the contract amount if the cancellation of the accommodation contract or reduction of the contract amount is received by ZUM GOLDENEN HIRSCHEN later than 7 calendar days but earlier than 72 hours before the arrival date.

– Cancellation or reduction of the scope of the contract later than 72 hours before the day of arrival is inadmissible, the cancellation fee in this case is 100% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the scope of the contract plus any VAT.

 

– 5.2 ZUM GOLDENEN HIRSCHEN reserves the right to assert further claims for damages. If partial payments/pre-payments have already been received, these will be retained and offset against the cancellation fee.

5.3 Due to seasonal reasons (e.g. New Year’s Eve, Easter, Advent weekends, Christmas, public holidays, event days) special cancellation conditions may apply according to the conditions announced by ZUM GOLDENEN HIRSCHEN during the booking process.

5.4 In deviation from § 909 ABGB (Austrian Civil Code), it is agreed for the above described cases of a (possibly partial) cancellation of the accommodation contract or reduction of the scope of the contract, that ZUM GOLDENEN HIRSCHEN is entitled to charge the following expenses in addition to the cancellation fees mentioned above under item 5.1 of these GTC:

– all third-party costs incurred by ZUM GOLDENEN HIRSCHEN in connection with the accommodation contract and assumed by ZUM GOLDENEN HIRSCHEN (in anticipation of the implementation of the contractually agreed deliveries and services) and which are non-refundable;

– all expenses paid by ZUM GOLDENEN HIRSCHEN in connection with the Accommodation Agreement;

– all deposits of reasonable amounts paid by ZUM GOLDENEN HIRSCHEN to third party suppliers in connection with the Accommodation Agreement, to the extent that such deposits are non-refundable; and

– any cancellation fees collected by third party providers in respect of ZUM GOLDENEN HIRSCHEN’s contractual obligations to such third parties in connection with the Accommodation Agreement.

The settlement of the above-mentioned expenses will be made against proof.

5.5 Any cancellation of the accommodation contract or reduction of the scope of the contract must be communicated in writing (by e-mail is sufficient). The receipt will be confirmed in writing by ZUM GOLDENEN HIRSCHEN.

5.6 In all cases of a no-show or non-arrival, the cancellation fee is 100% of the agreed contract amount.

6. Cancellation by ZUM GOLDENEN HIRSCHEN

6.1 If the accommodation contract provides for a down payment and if this down payment has not been made by the Party or has not been made in due time, ZUM GOLDENEN HIRSCHEN may withdraw from the accommodation contract by setting a grace period in writing (by e-mail is sufficient) of no more than 3 calendar days.

6.2 ZUM GOLDENEN HIRSCHEN is entitled to withdraw from the accommodation contract or to terminate the accommodation contract for good cause in accordance with the statutory provisions by setting a grace period in writing (by e-mail is sufficient) of no more than 3 calendar days. An important reason is given in particular if:

– the contract partner does not provide a due service;

– the performance of the accommodation contract is delayed due to force majeure (including pandemics and official orders as a result of such pandemics, including COVID-19) strike or other circumstances for which ZUM GOLDENEN HIRSCHEN is not responsible;

– the Contractual Partner makes misleading or false statements about himself and/or guests attributable to him;

– the purpose or reason for the stay is unlawful;

– the Contractual Partner uses the name of the ZUM GOLDENEN HIRSCHEN in advertising without prior written consent;

– the Contractual Partner sublets the contractual premises in whole or in part without the written consent of the ZUM GOLDENEN HIRSCHEN or otherwise allows a third party to use them;

– the Contractual Partner or a person attributable to it makes a considerably disadvantageous use of the rented premises or by inconsiderate, offensive or otherwise grossly improper behavior towards ZUM GOLDENEN HIRSCHEN or its employees or the guests staying in the hotel or third parties makes their common stay unpleasant or is guilty towards these persons of an act against property, morality or physical integrity punishable by law, whereby an attempt and reasonable suspicion shall suffice;

– the contracting party or a person attributable to it is afflicted with a contagious disease or an illness which extends beyond the agreed accommodation period or otherwise becomes in need of care; or

– the use of the booked supplies and services is or may be, in ZUM GOLDENEN HIRSCHEN’s sole discretion, likely to endanger the safety or reputation of ZUM GOLDENEN HIRSCHEN in the public.

6.3 Claims by ZUM GOLDENEN HIRSCHEN for compensation for damages caused by the cancellation/termination of the contract shall remain unaffected.

  1. Provision of Substitute Accommodation

7.1 The contracting party and the guests attributable to it have no claim to the use of certain premises of ZUM GOLDENEN HIRSCHEN. If the contracting party is not a consumer, ZUM GOLDENEN HIRSCHEN may provide the contracting party with adequate substitute accommodation of at least the same or higher standard if this is objectively justified and not completely unreasonable for the guests attributable to the contracting party.

7.2 An objective justification is given, for example, if the reserved rooms have become unusable, if there is an overbooking for which ZUM GOLDENEN HIRSCHEN is not grossly responsible or if other important operational measures make this step imperative.

7.3 ZUM GOLDENEN HIRSCHEN will immediately inform the contracting party in writing (by e-mail is sufficient) no later than 7 calendar days prior to the day of arrival about any necessary accommodation in substitute accommodation and will provide any necessary transportation from ZUM GOLDENEN HIRSCHEN to the substitute accommodation and back free of charge. In addition, the Contractual Partner and the guests attributable to the Contractual Partner shall be entitled to further compensation for additional expenses, insofar as they were causally caused by the accommodation in the said substitute accommodation.

7.4 If the Party rejects the accommodation in a substitute accommodation within 5 calendar days after notification by ZUM GOLDENEN HIRSCHEN in writing (again by e-mail is sufficient), the accommodation agreement shall be deemed cancelled and all payments made by the Party up to this point in time in connection with the cancelled accommodation agreement shall be returned to ZUM GOLDENEN HIRSCHEN within one week after cancellation. In the opposite case, the offered substitute accommodation shall be deemed accepted by the Contractual Partner. ZUM GOLDENEN HIRSCHEN can also unilaterally avert such a cancellation by the Contractual Partner, if ZUM GOLDENEN HIRSCHEN renounces the transfer to a substitute accommodation resulting from the above provisions within 24 hours after receipt of the rejection of the same by the Contractual Partner in writing (by e-mail is sufficient) towards the Contractual Partner.

  1. rights of ZUM GOLDENEN HIRSCHEN

8.1 The cleaning of any soiling of furnishings or other parts of the FF&E beyond the ordinary use in a hotel room or other hotel premises or the corresponding costs of their repair and, if necessary, their replacement (at replacement value) may be charged by ZUM GOLDENEN HIRSCHEN. The Contractual Partner and the Guests attributable to it (provided they are of age) shall again be jointly and severally liable.

8.2 ZUM GOLDENEN HIRSCHEN may ban the Party and/or its attributable guests from the premises for justified reasons.

9. Liability of ZUM GOLDENEN HIRSCHEN for Damage or Loss of Brought-in Items

9.1 The legal provisions of §§ 970 ff ABGB (Austrian Civil Code) shall apply to items brought in by the Contractual Partner and/or the guests attributable to him. ZUM GOLDENEN HIRSCHEN shall be liable within the scope of the statutory provisions (and thus subject to the conditions standardized therein). The claim for compensation expires, however, if the damage is not reported to ZUM GOLDENEN HIRSCHEN immediately upon becoming aware of it. Valuables, money or securities are to be deposited free of charge in the hotel’s own locker at the reception, otherwise ZUM GOLDENEN HIRSCHEN’s liability is excluded, insofar as such a deposit is reasonable. The deposit of valuables, money and securities may be refused by ZUM GOLDENEN HIRSCHEN without reason, in particular if the items in question are considerably more valuable than those usually deposited by the Contractual Partners and/or Guests.

9.2 Items left behind by the Contractual Partner shall not be deemed to be held in custody by ZUM GOLDENEN HIRSCHEN or brought in by the Contractual Partner and shall only be forwarded at the request, risk and expense of the Contractual Partner. ZUM GOLDENEN HIRSCHEN shall store these items for 3 months in return for reimbursement of costs or storage fee with third party storage. After this period, they will be handed over to the local lost and found office if there is a recognizable value.

9.3 ZUM GOLDENEN HIRSCHEN does not provide insurance coverage for items brought into the premises or only to a limited extent in accordance with mandatory legal provisions. The conclusion of any necessary insurance is the sole responsibility of the Contractual Partner.

10. Liability of the Contractual Partner and of ZUM GOLDENEN HIRSCHEN (insofar as not covered by item 9 of these GTC above)

10.1 The Contractual Partner and the guests attributable to it (the latter if of age) shall be jointly and severally liable to ZUM GOLDENEN HIRSCHEN for all damages culpably caused by themselves (including guests who are not of age) or by third parties who in turn are attributable to the Contractual Partner and/or the guests attributable to it.

10.2 The liability of ZUM GOLDENEN HIRSCHEN towards consumers within the meaning of the Consumer Protection Act for slight negligence is, with the exception of personal injury, completely excluded. Liability towards consumers for loss of profit or other financial losses (also as a result of personal injury) within the scope of slight negligence is also excluded.

10.3 ZUM GOLDENEN HIRSCHEN is liable to entrepreneurs for all legal and pre-contractual, main contractual or ancillary contractual claims, again with the exception of personal injury, in principle only in the case of intentional or grossly negligent conduct. Liability for loss of profit, indirect damage and consequential damage caused by a defect shall be excluded vis-à-vis entrepreneurs, except in cases of gross negligence and intent. The amount of liability towards entrepreneurs, in case of simple gross negligence, is limited to three times the value of the respective agreed contractual amount, but in any case to the respective available liability insurance amount of ZUM GOLDENEN HIRSCHEN.

10.4 Exclusions and limitations of liability shall apply in the same way for the benefit of all companies used by ZUM GOLDENEN HIRSCHEN to fulfill its contractual obligations, its subcontractors and vicarious agents.

10.5 All claims of the Contractual Partner, unless the Contractual Partner is a consumer according to the Consumer Protection Act, against ZUM GOLDENEN HIRSCHEN arising from or in connection with the respective accommodation contract shall become statute-barred (i) 12 months after knowledge of the damage and the damaging party, and (ii) in any case after the expiry of 12 months from the date of arrival, whichever is earlier from (i) or (ii). For consumers under the Consumer Protection Act, the statutory provisions shall apply.

10.6 In connection with the provision of parking spaces for motor vehicles in the spatial vicinity of ZUM GOLDENEN HIRSCHEN, the Contractual Partner shall enter into a separate contractual relationship with any garage operators. If public parking spaces are used, this shall be at the risk of the Contractual Partner or the guests attributable to it; any liability of ZUM GOLDENEN HIRSCHEN in this regard shall be deemed excluded.

10.7 The above liability provisions shall apply mutatis mutandis to wake-up orders as well as the acceptance of messages, mail and consignments of goods and/or other free or paid services for the Contractual Partner and/or the guests attributable to it, of whatever kind.

  1. keeping of animals

11.1 Animals may only be brought to ZUM GOLDENEN HIRSCHEN with the prior written consent of ZUM GOLDENEN HIRSCHEN and, if applicable, against additional remuneration.

11.2 The Contractual Partner or the Guests attributable to it shall be jointly and severally obliged to properly keep or supervise any animal brought along during the stay or to have it kept or supervised by suitable third parties at its own expense. Animals may not be left unattended outside the hotel room. Animals are not allowed in the bar, restaurant, fitness and wellness areas. Dogs must wear a muzzle and leash in all hotel areas.

11.3 The contracting party or the guests attributable to it must have appropriate pet liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided to ZUM GOLDENEN HIRSCHEN upon request. The Contractual Partner or the guests attributable to him are jointly and severally liable to ZUM GOLDENEN HIRSCHEN for all damage caused by animals brought along. In particular, the damage also includes all compensation payments which ZUM GOLDENEN HIRSCHEN has to make to third parties (including associated costs).

  1. extension of the accommodation

If the Party is unable to leave the hotel on the agreed departure date due to unforeseeable extraordinary circumstances and/or for other reasons for which ZUM GOLDENEN HIRSCHEN is not culpably responsible, the accommodation contract shall be automatically extended for the duration of the impossibility of departure, subject to availability. In this case ZUM GOLDENEN HIRSCHEN is entitled to charge for the additional period (i) a fee corresponding to the contract sum agreed for periods prior to this plus VAT, or (ii) the current accommodation price according to the ZUM GOLDENEN HIRSCHEN price list valid in this period (list price), whichever is higher from (i) or (ii).

  1. illness or death

13.1 If the Contractual Partner and/or one or more Guest(s) attributable to it falls ill during the stay, ZUM GOLDENEN HIRSCHEN shall, at the request of the Contractual Partner, provide medical care at the Contractual Partner’s expense. In case of imminent danger, ZUM GOLDENEN HIRSCHEN will arrange for medical care even without the special request of the Contractual Partner, in particular if this is necessary and the Contractual Partner is not able to do so himself. As long as the Contractual Partner is unable to make decisions or the Contractual Partner’s relatives cannot be contacted, ZUM GOLDENEN HIRSCHEN will arrange for medical treatment at the Contractual Partner’s expense. However, the scope of such care shall end at the time when the Contractual Partner is able to make decisions or the relatives have been notified of the illness.

13.2 ZUM GOLDENEN HIRSCHEN shall be entitled to claim compensation from the Contractual Partner and its attributable guests (if of age), or in the event of death from the respective legal successor, in particular for the following costs: outstanding medical expenses, costs for ambulance transport, medication and remedies, room disinfection that has become necessary, linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items, restoration of walls, furnishings, carpets, etc., insofar as these are connected with the illness, insofar as these were contaminated or damaged in connection with the illness or death. Furthermore, the accommodation price according to the ZUM GOLDENEN HIRSCHEN price list valid during this period (list price) is to be reimbursed for any days during which the booked premises cannot be used (e.g. due to disinfection). The contracting partner and the guests attributable to him (as far as they are of age) are again liable in full.

14. Jurisdiction and choice of law

14.1 These General Terms and Conditions as well as the Accommodation Agreement shall be governed by Austrian law to the exclusion of the conflict of laws provisions. Provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply and shall be deemed excluded.

14.2 Any disputes arising from these GTC as well as the Accommodation Agreement or relating to their violation, dissolution or nullity shall be subject to the exclusive jurisdiction of the competent court for commercial matters.

14.3 If the Accommodation Agreement was concluded with a Party that is a consumer and has its domicile or habitual residence in Austria or is employed in Austria, actions against the consumer pursuant to Section 14 (1) of the Austrian Consumer Protection Act (KSchG) may only be brought at the consumer’s general place of jurisdiction (domicile, habitual residence or place of employment of the consumer). In the case of cross-border disputes among EuGVVO member states, jurisdiction for consumers is governed by Art 15 et seq. of the EuGVVO. If the defendant consumer has neither a domicile nor an establishment within the meaning of Art 15(2) of the Regulation in a Member State, jurisdiction shall be determined in accordance with Art 4(1) of the Regulation, subject to Art 22 to 23 of the Regulation.

14.4 Amendments and supplements to these GTC as well as to the Accommodation Agreement may only be made in writing (by e-mail shall suffice to the extent permitted by law). Unilateral amendments or supplements by the contracting party shall be ineffective in any case.

15. Miscellaneous

15.1 Should individual points of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions and the contracting parties undertake to agree on a valid provision in place of the invalid provision which comes closest to the invalid provision in terms of its (economic) meaning and purpose. In the event of other loopholes, the relevant statutory provisions shall apply.

15.2 When calculating a period of time which is determined by calendar days, the calendar day in which the point in time or the occurrence falls, according to which the beginning of the period of time is to be determined, shall not be included. Time limits determined by weeks or months shall refer to that calendar day of the week or month which by its designation or number corresponds to the calendar day from which the time limit is to be counted. If this calendar day is missing in the month, the last calendar day preceding it in this month shall be decisive.

 

GENERAL TERMS AND CONDITIONS OF BUSINESS OF ZUM GOLDEN HIRSCH CONCERNING GASTRONOMY AND EVENTS (January 2022 version)

  1. scope of application

16.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all deliveries and services provided by the Goldener Hirschen Betriebs GmbH & Co KG with its registered office in Gmunden and its business address at Linzerstrasse 4, registered with the Commercial Register of the Commercial Court of Wels under FN 550013 v (hereinafter referred to as “ZUM GOLDENEN HIRSCHEN”) to the respective Contractual Partner who makes use of deliveries and services provided by ZUM GOLDENEN HIRSCHEN (hereinafter referred to as “Contractual Partner”). The supplies and services consist in particular in the granting of use of the premises of ZUM GOLDENEN HIRSCHEN against payment, e.g. for seminars, meetings, presentations, conferences and other events, as well as all other supplies and services of ZUM GOLDENEN HIRSCHEN in connection therewith, such as the sale of food and beverages (F&B), on the basis of the event contract concluded between ZUM GOLDENEN HIRSCHEN and the Contractual Partner (hereinafter referred to as the “Event Contract” in relation to all the above supplies and services). ZUM GOLDENEN HIRSCHEN is entitled to have its deliveries and services performed by third parties.

16.2 These GTC refer to the Event Contract concluded with ZUM GOLDENEN HIRSCHEN. The General Terms and Conditions of the Contractual Partner shall not apply, even if ZUM GOLDENEN HIRSCHEN does not expressly object to them. Counter-confirmations of the Contractual Partner with reference to his General Terms and Conditions are hereby contradicted.

17. Conclusion of Contract and Deposit

17.1 The offers made by ZUM GOLDENEN HIRSCHEN on its website (www.hirschengmunden.at) are non-binding.

17.2 Bookings by the Contractual Partner as well as verbal agreements shall only be deemed accepted or binding if they have been confirmed in writing by ZUM GOLDENEN HIRSCHEN by means of persons authorized to represent the Contractual Partner or have been expressly agreed upon via the booking platform in accordance with the procedure stipulated therein. Correspondence of any kind that merely confirms receipt of a booking (such as, but not limited to, automatically generated electronic confirmations of receipt sent by e-mail in the case of bookings made via the booking platform) shall not be deemed to constitute acceptance of the actual booking. Silence on the part of ZUM GOLDENEN HIRSCHEN shall not be deemed to constitute acceptance. If the booking confirmation of ZUM GOLDENEN HIRSCHEN contains changes compared to the booking, these changes shall be deemed approved by the Contractual Partner if he does not object to them within 24 hours. ZUM GOLDENEN HIRSCHEN assumes no responsibility or obligation to verify any errors in the booking process, unless the Contractual Partner corrects them promptly, at the latest, however, within 2 hours of receipt of the booking confirmation.

17.3 If the Purchaser concludes the contract on behalf of a third party, it is not the Purchaser but the third party who becomes the contractual partner of ZUM GOLDENEN HIRSCHEN. The Purchaser must draw the attention of ZUM GOLDENEN HIRSCHEN to this fact in good time and before the conclusion of the contract, send or hand over his written authorization for the specific conclusion of the contract and inform ZUM GOLDENEN HIRSCHEN of the name and address of the actual contractual partner. In any case of missing or insufficient authorization by the (intended) contractual partner, the Purchaser itself shall be deemed to be the contractual partner and shall be liable for the performance interest, irrespective of the degree of its own fault.

17.4 ZUM GOLDENEN HIRSCHEN shall be entitled to demand an appropriate advance payment or a security deposit (e.g. in the form of a credit card guarantee or a down payment) up to 100% of the agreed contract amount from the Contractual Partner upon conclusion of the contract. The amount of the advance payment or the security deposit and the payment dates shall be determined by ZUM GOLDENEN HIRSCHEN. Unless otherwise agreed, the Contractual Partner is obliged to pay the security deposit at the latest 90 calendar days (received) before the start of the first calendar day of the event (as defined below). In this case, the booking shall be deemed to have been made only upon receipt by ZUM GOLDENEN HIRSCHEN of the required security deposit/payment by the Contractual Partner, in which case the event contract shall be deemed to have been concluded only upon renewed acceptance of the booking by ZUM GOLDENEN HIRSCHEN.

17.5 If the Contractual Partner defaults on the payment of the deposit, ZUM GOLDENEN HIRSCHEN shall be entitled, notwithstanding the provisions of section 2.4 of these General Terms and Conditions, to terminate the event contract concerned in each case after a further written request (by e-mail is sufficient) and a grace period of 5 banking days for an important reason for which the Contractual Partner is responsible. Such termination shall be deemed to be a cancellation by the Contractual Partner, so that ZUM GOLDENEN HIRSCHEN shall be entitled to charge the (no-fault) cancellation fees specified below. Further claims for damages by ZUM GOLDENEN HIRSCHEN shall remain unaffected thereby.

17.6 ZUM GOLDENEN HIRSCHEN is entitled to unilaterally change the offered meals, especially those containing seasonal products. In this case ZUM GOLDENEN HIRSCHEN will submit two alternative proposals to the Contractual Partner, which must be confirmed by the latter no later than 4 calendar days before the first day of the event, otherwise the selection by ZUM GOLDENEN HIRSCHEN will be made at its own discretion.

  1. contract amount/prices and terms of payment

18.1 All services of ZUM GOLDENEN HIRSCHEN requested by the Contractual Partner and not expressly stipulated by the contract sums expressly stated in the event contract and allocated to individual items shall be invoiced separately at the ZUM GOLDENEN HIRSCHEN price list (list price) valid at the time of the event.

18.2 The agreed contractual amount is understood to be exclusive of statutory sales tax plus local taxes and for the lowest applicable unit (persons, days, etc.). In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the agreed subject matter of the Supplies and after the conclusion of the contract, the agreed contract sum shall be adjusted accordingly; in the case of contracts with consumers, however, only if the period between the conclusion of the contract and the performance of the contract/event exceeds 3 calendar months.

18.3 Services specified as “estimated” (or similar) in the event contract (e.g. items such as beverages or personnel expenses) shall be invoiced according to the actual expenses. These are merely estimates based on general empirical values and ZUM GOLDENEN HIRSCHEN is not required to actively point out any additional consumption. The event contract is thus composed of fixed and variable items, which is why a reduction in the number of persons does not mean a reduction in the price. Unless otherwise agreed, beverages will be charged at the ZUM GOLDENEN HIRSCHEN price list (list price) valid on the first calendar day of the event.

18.4 The agreed contractual amount of the confirmed booking shall be binding, subject to the provisions in items 3.1 and 3.7 of these GTC. Any special prices or conditions temporarily advertised as a promotion shall not apply to an event contract already concluded, even if these special prices or conditions relate to the time of the event.

18.5 The costs incurred in addition to the contractually agreed services, such as telephone, drinks in the restaurant/bar as well as additionally ordered food and drinks are to be paid by each event participant and will be charged directly to the guest immediately upon consumption. The contractual partner shall be liable for these costs jointly and severally with the respective event participant.

18.6 The Contractual Partner may not bring food and beverages to events. Exceptions require an agreement with ZUM GOLDENEN HIRSCHEN. In such cases, a contribution to cover overhead costs will be charged (stubble money).

18.7 If the period between the booking and the first day of the event exceeds 3 calendar months, ZUM GOLDENEN HIRSCHEN shall be entitled to increase the agreed contractual amount plus any VAT accordingly (for both fixed and variable remuneration components). In this case, the agreed contractual amount shall change in the same proportion as the consumer price index 2020, published by STATISTIK Austria at (www.statistik.at), changes. The basis of the value protection is the index figure published for the month of the conclusion of the contract (= 100), the comparative index is the last published index before the beginning of the first calendar day of accommodation in the ZUM GOLDENEN HIRSCHEN. Fluctuations of up to 5% are not taken into account.

18.8 ZUM GOLDENEN HIRSCHEN will inform the Contractual Partner in writing (by e-mail is sufficient) of the desired price increase in accordance with the above provisions. The Contractual Partner shall have the right to withdraw from the respective event contract in writing (e-mail sufficient) within 3 calendar days from the written information if it does not accept the contract sum increased according to the above provisions. ZUM GOLDENEN HIRSCHEN may also unilaterally avert such a withdrawal by the Contractual Partner if ZUM GOLDENEN HIRSCHEN waives the increase in the contract sum resulting from the above provisions within again 3 calendar days from receipt of the notice of termination by the Contractual Partner in writing (by e-mail is sufficient) vis-à-vis the Contractual Partner.

18.9 The agreed contractual amount may furthermore be changed by ZUM GOLDENEN HIRSCHEN if the Contractual Partner makes changes to the booking, in particular with regard to the number of guests and/or the duration of the event.

18.10. ZUM GOLDENEN HIRSCHEN shall always have budgetary sovereignty over the event; subcontractor services shall be commissioned by ZUM GOLDENEN HIRSCHEN on behalf of the Contracting Party, who shall reimburse ZUM GOLDENEN HIRSCHEN accordingly for the respective costs and cash expenses incurred. If the Contractual Partner insists on using its own sub-service providers, ZUM GOLDENEN HIRSCHEN reserves the right to charge a fee for coordination and handling in an appropriate amount of at least 10% in accordance with the Event Contract. ZUM GOLDENEN HIRSCHEN must be informed of the name and contact person of the sub-service providers in writing (by e-mail is sufficient) at least 1 week prior to the start of the First Day of the Event.

18.11. The payment claim of ZUM GOLDENEN HIRSCHEN is due immediately upon receipt of the respective invoice without deduction. ZUM GOLDENEN HIRSCHEN is entitled to invoice or interim invoice for the deliveries and services provided at any time. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In case of delayed payment, interest on arrears in the amount of 9.2% above the base interest rate per year shall be deemed to have been agreed for entrepreneurs as contractual partners, and interest on arrears in the amount of 5% per calendar year shall be deemed to have been agreed for consumers within the meaning of the Consumer Protection Act. This shall also apply to the costs and expenses of ZUM GOLDENEN HIRSCHEN vis-à-vis third parties in connection with the booked deliveries and services, insofar as these costs and expenses have been stipulated in the event contract or approved by the Contractual Partner or are usually associated with the agreed deliveries and services.

18.12. The contracting party undertakes to bear all reasonable and expedient costs and expenses associated with the collection of ZUM GOLDENEN HIRSCHEN’s claims, such as, in particular, collection costs set out in the tariff or reminder costs, such as, in particular, reminder letters from lawyers. In case of reminders ZUM GOLDENEN HIRSCHEN reserves the right to charge a lump sum of € 20,– plus VAT for each reminder sent.

18.13. The issuing of a total invoice does not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle ZUM GOLDENEN HIRSCHEN to withhold all further and future services and to make the performance of the services in any case dependent on a security deposit or down payment in the amount of up to 100% of the outstanding payment.

18.14. Payment as well as security deposits and down payments are due without deduction and without discount. Costs of money transactions (e.g. transfer charges) shall in any case be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply. ZUM GOLDENEN HIRSCHEN is entitled to reject foreign currency, checks and credit cards. If foreign currencies are accepted, they will be accepted in payment at the daily exchange rate according to convenience, and the Contractual Partner shall bear all related costs. A refund of unused deliveries and services is excluded.

18.15. If the Contractual Partner uses a credit card for payment, even without physically presenting it (e.g. via telephone, Internet or similar), the Contractual Partner shall not be entitled in relation to ZUM GOLDENEN HIRSCHEN to revoke this charge vis-à-vis its credit card institute.

18.16. If the Contractual Partner refuses to pay the agreed contractual amount or is in default of payment, ZUM GOLDENEN HIRSCHEN shall be entitled to the statutory right of retention pursuant to § 970c ABGB (Austrian Civil Code) as well as the statutory right of lien pursuant to § 1101 ABGB (Austrian Civil Code) on the items brought in by the Contractual Partner, whereby it shall be deemed to have been agreed that all items brought into the premises rented by the Contractual Partner are the unencumbered property of the Contractual Partner. ZUM GOLDENEN HIRSCHEN shall also be entitled to this right of retention or lien as security for its other claims arising from the event contract, in particular for catering, other expenses incurred on behalf of the Contractual Partner, and for any claims for compensation of any kind.

18.17. The Contractual Partner may only offset a claim of ZUM GOLDENEN HIRSCHEN if its claim is undisputed or has been legally established by a court. This shall apply mutatis mutandis to the exercise of a right of retention due to the Contractual Partner’s own claims. Such claims may only be assigned with the written consent of ZUM GOLDENEN HIRSCHEN.

18.18. Unless otherwise agreed in writing, the Contractual Partner shall be obliged to pay the agreed contractual amount plus any additional amounts due to separate use of services by the Contractual Partner and/or the Guests attributable to it, no later than on the last calendar day of the event (hereinafter “Last Calendar Day of the Event”). For such additional amounts, unless otherwise expressly agreed in writing (by e-mail sufficiently), the Contractual Partner and each of the Guests attributable to him (as far as of age and actually ordered and consumed by him) shall be jointly and severally liable.

18.19. ZUM GOLDENEN HIRSCHEN does not accept foreign currencies. Payment is to be made exclusively in euros.

18.20. ZUM GOLDENEN HIRSCHEN is entitled to invoice or interim invoice its deliveries and services at any time.

  1. Use and Transfer of Hotel Premises

19.1 The provision of rooms, e.g. for seminars, meetings, presentations, conferences and other events, shall be exclusively for the agreed event purposes, unless ZUM GOLDENEN HIRSCHEN has expressly approved an alternative use of the rooms in writing in an individual case. By concluding the event contract, the Contractual Partner acquires the right to the usual use of the booked premises, but not of the other facilities of ZUM GOLDENEN HIRSCHEN.

19.2 The transfer or subletting of the provided premises to third parties as well as the use of the provided premises by third parties free of charge is not permitted without the express prior written consent of ZUM GOLDENEN HIRSCHEN.

19.3 If the consumption reaches the minimum consumption amount of food and beverages stated in the event contract, the contracting party shall not have to pay a separate rent for the use of the premises. However, if the actual costs for the consumption of food and beverages remain below this total amount, the difference to the invoice amount shall be paid as rent for the use of the premises plus applicable value added tax, unless this is expressly stipulated otherwise.

19.4 Unless otherwise agreed individually, agreed or waived room rentals shall apply exclusively to the provision of premises. Technical equipment and its energy requirements are not included and shall be invoiced separately.

19.5 Booked premises shall be available to the contracting party and the guests attributable to it exclusively for the booked period of the event. Any use beyond this period requires the written consent of ZUM GOLDENEN HIRSCHEN and will generally only be granted against additional payment. ZUM GOLDENEN HIRSCHEN reserves the right to make changes to the room, insofar as these are reasonable for the contract partner, taking into account the interests of ZUM GOLDENEN HIRSCHEN. If the agreed time of commencement of an event is postponed, ZUM GOLDENEN HIRSCHEN shall be entitled to charge the Contractual Partner for all additional costs incurred as a result thereof, unless ZUM GOLDENEN HIRSCHEN itself is culpably responsible for the postponement. If premises are used for the first time before 3:00 p.m. without such permission for earlier use by ZUM GOLDENEN HIRSCHEN free of charge, the preceding day shall count as the day of arrival. In this case ZUM GOLDENEN HIRSCHEN has the right to charge this previous night at the current accommodation price according to the ZUM GOLDENEN HIRSCHEN price list valid in this period (list price).

19.6 Unless otherwise agreed, ZUM GOLDENEN HIRSCHEN has the right to assign booked rooms to other parties on the first day of the event without the Contractual Partner and/or the guests attributable to it being able to derive any rights or claims from this, provided that the Contractual Partner and/or the guests attributable to it have not taken possession of the booked rooms by this time. If the contracting party has provided security and the premises have been booked for an event lasting several days, the premises shall remain reserved until 12:00 noon on the calendar day following the first day of the event.

19.7 The booked premises must be returned to ZUM GOLDENEN HIRSCHEN on the last calendar day of the event, cleared of the personal belongings of the Organiser and its guests. If this is not the case for reasons for which the contracting party and/or its attributable guests are responsible, ZUM GOLDENEN HIRSCHEN shall be entitled to charge one calendar day of the room rental at the current price according to the ZUM GOLDENEN HIRSCHEN price list valid during this period (list price) as a (no-fault) contractual penalty for each commenced calendar day of delay. Further claims for damages by ZUM GOLDENEN HIRSCHEN shall remain unaffected thereby. Cleaning costs in relation to soiling of the event premises beyond the usual extent shall be additionally charged to the Contractual Partner in an appropriate amount.

19.8 If the contracting party gives notice in due time of its wish to extend the event or other deliveries and services of ZUM GOLDENEN HIRSCHEN, the latter may accept the offer of extension and the associated amendment of the event contract at its own discretion. ZUM GOLDENEN HIRSCHEN is under no obligation to do so, so that the contracting party has no right to extend the event and/or amend the event contract. ZUM GOLDENEN HIRSCHEN shall be entitled to adjust the agreed contractual amount in the event of such extensions also irrespective of the previous conditions of the Contractual Partner.

19.9 The Contractual Partner shall ensure that its employees and guests handle the premises and objects of ZUM GOLDENEN HIRSCHEN with care.

19.10. The Contractual Partner may only bring objects such as superstructures, signs and the like into the event premises after agreement with ZUM GOLDENEN HIRSCHEN. These items must be brought in strictly in accordance with ZUM GOLDENEN HIRSCHEN’s instructions (in particular, no emergency exits may be blocked, walls or glass surfaces may be pasted, etc.) and only for the agreed duration. The Contractual Partner shall indemnify ZUM GOLDENEN HIRSCHEN and hold ZUM GOLDENEN HIRSCHEN harmless for any damages and claims caused by these objects. Items left behind may be removed, destroyed and/or stored at the expense and risk of the Contractual Partner, unless it is documented in writing that these items will be stored for a defined period of time for the Contractual Partner against separate payment.

19.11. If the Contractual Partner requests a change in the agreed type of seating on the day of the event, ZUM GOLDENEN HIRSCHEN reserves the right to charge an expense allowance for the change in the amount of at least Euro 100.00 plus VAT.

20. Handling of the Event

20.1 In order to enable careful preparation by ZUM GOLDENEN HIRSCHEN, the Contractual Partner shall notify ZUM GOLDENEN HIRSCHEN in writing (by e-mail is sufficient) of the final number of participants no later than 3 days before the start of the first calendar day of the event. If the Contractual Partner informs ZUM GOLDENEN HIRSCHEN of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if ZUM GOLDENEN HIRSCHEN agrees to this in writing. If ZUM GOLDENEN HIRSCHEN does not agree in writing, the contracting party is not entitled to hold the event with a higher number of participants. If ZUM GOLDENEN HIRSCHEN agrees to the contrary, the invoice will be based on the previous calculation basis according to the new number of participants. If fewer participants actually take part in the event, there will be no refund of any expenses saved.

20.2 ZUM GOLDENEN HIRSCHEN shall only guarantee that the event will be held in accordance with the contract (in any case only to the extent expressly assigned to ZUM GOLDENEN HIRSCHEN’s responsibility under the event contract) and that sufficient quantities of food and beverages will be provided if the specified number of persons is not exceeded. Should the procurement of additional food or beverages for a larger number of persons be associated with additional costs, the Contractual Partner undertakes to bear the associated costs.

20.3 In the case of events lasting beyond midnight, ZUM GOLDENEN HIRSCHEN shall invoice and charge for personnel expenses from this time onwards on the basis of individual proof. The Contractual Partner shall be liable to ZUM GOLDENEN HIRSCHEN for additional services to the guests attributable to it (unless included in the agreed contractual amount) or to third parties in connection with the event.

20.4 For each event, the Contractual Partner must name in advance a person authorized to represent it who will be present during the entire event and will be the contact person for ZUM GOLDENEN HIRSCHEN employees. If this is not done or not done at least one day before the event, ZUM GOLDENEN HIRSCHEN shall be entitled to make declarations to any employee of the Contractual Partner and to enter into agreements with them which are binding for the Contractual Partner.

20.5 The Contractual Partner must specify any defects immediately during the event and report the defect to the ZUM GOLDENEN HIRSCHEN employee responsible on site with reference to the contractual agreement, otherwise excluding any warranty claims and claims for damages. The defects must be documented on site.

20.6 The Contractual Partner shall inform ZUM GOLDENEN HIRSCHEN in writing about the type and course of the event no later than one week before the event. Unless otherwise agreed, the Contractual Partner undertakes to obtain at its own expense any permits or approvals required under public law for its event, in particular under the Upper Austrian Event Security Act Amendment 2015, but also with regard to fire protection or other special regulations. The Contractual Partner shall be responsible for the absence of any permits and shall indemnify ZUM GOLDENEN HIRSCHEN in this respect. Any requirements shall be fulfilled at the expense of the Contractual Partner. The required permits must be submitted to ZUM GOLDENEN HIRSCHEN no later than one calendar day before the start of the first calendar day of the event and proof must be provided that the relevant requirements have been fulfilled. If this is not done, ZUM GOLDENEN HIRSCHEN is entitled to prohibit the event from taking place. Such a prohibition shall be deemed to be a cancellation by the Contractual Partner, so that ZUM GOLDENEN HIRSCHEN shall be entitled to charge the (no-fault) cancellation fees specified below. Further claims for damages by ZUM GOLDENEN HIRSCHEN shall remain unaffected thereby.

20.7 ZUM GOLDENEN HIRSCHEN is furthermore entitled to terminate the event at any time if official requirements, other orders or missing permits and/or acts or omissions of the Contractual Partner, guests attributable to it or third parties require premature termination. Item 5.6 last and penultimate sentence shall apply mutatis mutandis.

20.8 In the event that Guests of the Contractual Partner disturb other events taking place in ZUM GOLDENEN HIRSCHEN through improper behavior or endanger persons or objects, ZUM GOLDENEN HIRSCHEN shall be entitled to expel such Guests from the event premises. The agreed minimum consumption will also be charged in full in this case.

20.9 The Contractual Partner may only advertise the event by e-mail with the express written consent of ZUM GOLDENEN HIRSCHEN (also with regard to the text and presentation of the advertisement, with or without specific use of the name ZUM GOLDENEN HIRSCHEN).

20.10. The Contractual Partner acknowledges that music may only be played within the scope of the existing operating facility permit. The Contractual Partner shall bear the fees and charges to be paid for this (e.g. AKM charges) and shall hold ZUM GOLDENEN HIRSCHEN completely harmless.

20.11. In order to prevent damage, the installation and setting up of decorative material or other objects must be coordinated in advance with ZUM GOLDENEN HIRSCHEN and then carried out by persons qualified to do so. All fire protection regulations and other legal requirements must be observed. Exhibits and other objects, transport packaging, outer packaging and all other packaging materials brought to the event must be removed at the end of the event. If the Contractual Partner fails to comply with this provision, ZUM GOLDENEN HIRSCHEN shall be entitled to remove, dispose of and/or (if necessary) store such items at a charge. If the removal involves disproportionate effort, ZUM GOLDENEN HIRSCHEN has the option to leave the items on the premises and to charge the respective room rent for the time they remain there. ZUM GOLDENEN HIRSCHEN is at liberty to prove higher damages.

20.12. If the Contractual Partner brings in its own electrical equipment, ZUM GOLDENEN HIRSCHEN’s written consent is required prior to connection to the power grid. The accruing electricity consumption will be charged according to the valid provision and working prices as charged to ZUM GOLDENEN HIRSCHEN by the utility company. ZUM GOLDENEN HIRSCHEN is free to charge a flat rate. Any malfunctions or defects in the technical equipment of ZUM GOLDENEN HIRSCHEN caused by connection shall be borne by the Contractual Partner. With the written consent of ZUM GOLDENEN HIRSCHEN, the Contractual Partner may also use its own telephone, fax and data transmission equipment. ZUM GOLDENEN HIRSCHEN may charge connection fees for this. The Contractual Partner must ensure the operational safety of the equipment and provide ZUM GOLDENEN HIRSCHEN with proof of this upon request.

20.13. If ZUM GOLDENEN HIRSCHEN procures technical or other equipment from third parties for the contracting partner, ZUM GOLDENEN HIRSCHEN shall act on behalf and for the account of the contracting partner; the contracting partner shall be liable for the careful handling and proper return of such equipment and shall indemnify ZUM GOLDENEN HIRSCHEN against all claims of third parties upon first written request. Any liability on the part of ZUM GOLDENEN HIRSCHEN due to untimely procurement or defectiveness of the procured facilities is excluded.

21 Cancellation of the Event Contract by the Contract Partner or Reduction of the Scope of the Contract – Cancellation Fee

21.1 In the event of cancellation of the Event Contract or reduction of the scope of the Contract (which must in any case be made in writing, by e-mail sufficiently) after conclusion of the Event Contract, the Contractual Partner shall, except in cases of force majeure and insofar as ZUM GOLDENEN HIRSCHEN is culpably responsible, be obligated to make the following payments as a contingency fee within the meaning of § 909 of the Austrian Civil Code (ABGB) (hereinafter referred to as the “Cancellation Fee”). A complete or partial cancellation of the event contract or reduction of the scope of the contract for bookings by the Contract Partner after conclusion of the event contract up to 3 months before the date of arrival at the latest is possible free of charge; however, any deposits made prior to this shall remain with ZUM GOLDENEN HIRSCHEN in any case and shall in this case be deemed to be the applicable cancellation fee in the same amount. Canceled room rentals and other deliveries and services may be subcontracted by ZUM GOLDENEN HIRSCHEN to third parties without the resulting advantage for ZUM GOLDENEN HIRSCHEN affecting the amount of the cancellation fee. The cancellation fee is:

– 60% of the agreed contract amount affected by the cancellation of the event contract if the cancellation of the event contract is received by ZUM GOLDENEN HIRSCHEN later than 90 calendar days but earlier than 60 calendar days before the start of the first calendar day of the event.

– 80% of the agreed contract sum affected by the cancellation of the event contract if the cancellation of the event contract is received later than 60 calendar days but earlier than 14 calendar days before the start of the first calendar day of the event ZUM GOLDENEN HIRSCHEN.

– 95% of the agreed contract amount affected by the cancellation of the event contract if the cancellation of the event contract is received by ZUM GOLDENEN HIRSCHEN later than 14 calendar days but earlier than 72 hours before the start of the first calendar day of the event.