General terms and conditions
of Wiener Kongresszentrum Hofburg Betriebsgesellschaft m. b. H.
1. Applicability
Without prejudice to mandatory provisions of applicable law, these General Terms and Conditions of Business and Terms and Conditions of Quotation shall apply to all agreements between Wiener Kongresszentrum Hofburg Betriebsgesellschaft m.b.H (hereinafter also referred to as the “Operating Company”) and its clients (hereinafter also referred to as “the Contractual Partner” or “the Organiser”), as well as the Operating Company's business partners (including third party companies and agents) in connection with the event (see clause 14) unless otherwise agreed in writing.
2. General terms and conditions of use
2.1. The halls, rooms and common spaces at the Congress Center Hofburg are made available to the Contractual Partner in accordance with the agreement made, and may only be used by persons entitled to do so, during the agreed period, and for the agreed purposes.
2.2. To ensure that Contractual Partners hold events that are consonant with the reputation of the Congress Center Hofburg, the Organiser shall notify the Operating Company of the type and purpose of its event.
2.3. All halls, rooms, common spaces, furnishings, technical equipment, etc. shall be used carefully and in accordance with their designated purpose, and shall be restored to the Operating Company in the same condition, subject to normal wear and tear, as before use upon expiry of the agreed term.
2.4. The Contractual Partner may not assign to third parties, in part or as a whole, for consideration or otherwise, any rights and claims (in particular, tenancy rights) to which he is contractually entitled, nor allow such third parties to exercise the same, without the written consent of the Operating Company. Even if the assignment of rights, etc. is approved, the Contractual Partner and the third party concerned shall be jointly and severally liable for all obligations to the Operating Company.
2.5. All intellectual property rights and copyrights shall be vested in, and remain the sole property of the Operating Company. The Contractual Partner shall not acquire any such rights whatsoever by way of the agreement. The Contractual Partner shall under no circumstances be entitled to use intellectual property rights of the Operating Company, such as wordmarks and/or logotypes, for his own purposes, during and/or after the term of the agreement, without the prior written consent of the Operating Company.
2.6. The event may only be held in the form and manner specified by the agreement. The instructions of the responsible staff of the Operating Company shall be obeyed. The Organiser shall have no right to give instructions to the Operating Company's staff.
2.7. The Contractual Partner shall ensure that he in person or an authorised agent made known to the Operating Company is present for the duration of use. Such authorised agent shall be deemed to be empowered to accept such instructions, complaints or declarations from public authorities or the Operating Company and/or the owner and its representatives as are binding for the Contractual Partner. This shall extend to the Operating Company's entitlement to place orders giving rise to additional expenses for the account of the Contractual Partner, over and above the original contractual amount.
3. Hired premises, rental and other expenses
3.1. The rental specified by the quotation shall include the hire of the facilities offered for the duration of the agreed daily times of use and hire period. The expenses stated under items 2 to 5 of the quotation shall only apply to the daily times of use agreed with the Operating Company.
3.2. If the Organiser plans to use the hired facilities or ancillary services for longer than agreed he shall seek the prior written consent of the Operating Company, furnishing proof of the necessary official permits (e.g. for exhibitions, events involving music or fashion shows). The additional expenses occasioned by an extension of the operating times shall be invoiced to the Contractual Partner.
3.3. In the event of actual additions to the services set out in the quotation and agreed in respect of their duration and/or scope the amount of the charges shall be increased on a pro rata basis in accordance with actual use.
4. Acceptance of quotation (contract)
Legally binding acceptance by the Contractual Partner of the Operating Company's quotation shall be effected by the transfer of the first down payment (or the agreed amount) specified in the quotation to the account of Wiener Kongresszentrum Hofburg Betriebsgesellschaft m.b.H., a/c no. 002-87059, at the Graben, Vienna branch of Erste Bank der Österreichischen Sparkassen AG, sortcode 20 111 (IBAN AT 61 20111 000 00287059). The down payments and the balance shall be paid not later than the dates specified in the quotation, to the above account of the Operating Company. Any bank charges arising from the payment transaction shall be borne by the transferor. Any legal fees shall be paid by the Contractual Partner to the Operating Company within 14 days.
5. Cancellation terms
5.1. If the event that the Contractual Partner withdraws from the agreement made either expressly or by accepting the quotation by effecting the payment transfer (see clause 4), then it shall pay the following cancellation charges:
| Interval between the cancellation and the beginning of the event | Cancellation charges |
|---|---|
| up to 18 months before the event | 30% of the rental (Item 1 of the quotation) |
| 12–18 months before the event | 40% of the rental (Item 1 of the quotation) |
| 6–12 months before the event | 50% of the rental (Item 1 of the quotation) |
| 2–6 months before the event | 80% of the rental (Item 1 of the quotation) |
| less than 2 months before the event | 100% of the quoted amount (Items 1–5 of the quotation) |
5.2. In addition, the Contractual Partner shall reimburse to the Operating Company all contractual expenses already incurred or still to be incurred by it. Legal fees (under clause 9) shall be charged in full on the basis of the full amount payable.
5.3. In the event of any form of cancellation and of withdrawal from the agreement, the Operating Company shall use its best efforts to make other arrangements for hire of the facilities by third parties. Any related income realised by the Operating Company from use of the facilities by third parties shall be deducted from the cancellation charges.
6. Part cancellations
6.1. If the Contractual Partner cancels hire of up to 50% of the rented space and/or use for up to 50% of originally agreed hire period, then the cancellation charges in respect of the cancelled part of the facilities/hire period shall be as follows (part cancellation is only possible once):
| Interval between the cancellation and the beginning of the event | Cancellation charges |
|---|---|
| up to 12 months before the event | no cancellation charges |
| 6–12 months before the event | 20% of the rental of the cancelled facilities |
| 2–6 months before the event | 40% of the rental of the cancelled facilities |
| less than 2 months before the event | 50% of the rental of the cancelled facilities |
6.2. If the part cancellation affects more than 50% of the hired facilities or if the Contractual Partner cancels the remaining part of the facilities subsequent to a part cancellation (under clause 5), then the Operating Company may, for its part, withdraw from the agreement in respect of the originally agreed facilities in their entirety. In such case the Operating Company shall be entitled to cancellation fees under clause 5.
7. Withdrawal from the agreement
The Operating Company shall be entitled to withdraw from the agreement without notice if:
.. the Contractual Partner is in default of his financial obligations (e.g. failure to observe
payment dates under clause 4);
.. the Contractual Partner is in breach of conditions of these General Terms and Conditions
of Business;
.. the necessary official approvals are not furnished or the authorities prohibit the event;
.. it comes to the notice of the Operating Company that the planned event is in breach of the
agreements or legal regulations, or there is reason to fear a breach of the peace;
.. the building or other spaces are partly or wholly unavailable due to acts of God, impending
or actual acts of terrorism, war or strike;
.. bankruptcy or composition proceedings are instituted against the assets of the Contractual
Partner;
.. the Contractual Partner has been in default of payments arising from earlier agreements for
more than 30 days;
.. the Contractual Partner unilaterally alters the agreed purpose of the event without the
consent of the Operating Company, and in particular, if this results in the event's becoming
prejudicial to the Congress Center Hofburg's reputation; and/or
.. the Contractual Partner has made false contractual statements and representations as to
the nature and conduct of the event.
In the above circumstances the Operating Company shall be entitled to withdraw from its quotation or a concluded agreement by making a unilateral declaration, which may be sent to the address of the Contractual Partner most recently notified by it in writing, the postal risk being borne by the Contractual Partner, and also to assert claims for damages against the Contractual Partner. The Operating Company shall, further, be entitled to order the termination of an ongoing event at its sole discretion in cases of urgency. In such cases the Contractual Partner shall have no claim whatsoever against the Operating Company. However, the Operating Company reserves the right to claim damages from the Contractual Partner, at least up to the amount of the cancellation charges
(clause 5).
8. Final settlement
8.1. The final rendering of accounts and invoicing of the charges for hire of the facilities and the ancillary services shall take place not later than four weeks after the end of the event. Complaints regarding the invoiced services must be made within ten working days of receipt of the final invoice, and must be made by the Contractual Partner to the Operating Company in writing.
8.2. The final balance arising from the final rendering of accounts shall be transferred by the Contractual Partner to the account of the Operating Company in full within 20 working days, or refunded by the Operating Company to an account nominated by the Contractual Partner. Any bank charges arising from such payment shall be borne by the Contractual Partner.
8.3. All charges shall be inclusive of applicable value added tax. If the rate of value added tax changes between the preparation of the quotation by the Operating Company and final settlement, then the new rate shall be invoiced. The due date of the value added tax shall be the same as that of the net amount receivable. Issue of a supplementary invoice shall be permissible.
8.4. The final invoice may be electronically transmitted.
8.5. In the event of default on payment the Operating Company shall be entitled to invoice all the resultant fees and expenses, including the dunning, collection and out-of-court legal fees, as well as interest on arrears at the Oesterreichische Nationalbank base rate plus 9% p.a.
9. Legal expenses
In the event that the agreement arising from acceptance of the quotation is subject to stamp duty this shall be paid/reimbursed by the Contractual Partner.
10. Liability
10.1. The Contractual Partner shall bear the entire risk associated with the event held by him, including the preparations, set-up, execution and dismantling. The Contractual Partner shall be liable for all damages (including consequential damages) caused by himself or his agents, servants, visitors or guests, regardless of the party suffering the loss. This applies, in particular, to:
.. damage to the building and/or its contents in the course of the event;
.. damage to the building and/or its contents when bringing in objects, and in the course of
set-up and dismantling work;
.. negative consequences of exceeding the attendance limit notified by the Operating
Company or of inadequate stewarding;
.. damages arising from late vacation of the premises, or from vacation in breach of contract
— in particular, from inability to let the premises or reduced rental income — including
damage to the reputation and creditworthiness of the Operating Company.
10.2. The hired premises shall be surrendered to the Contractual Partner in perfect condition. In the event that the Contractual Partner identifies damage to the building and/or its contents when fulfilling its duty to inspect the premises it shall report this to the Operating Company without delay upon surrender of the facilities. The commencement of set-up work by the Contractual Partner shall constitute confirmation that the building and/or contents thereof are suitable, and that no defects have been identified.
10.3. The Operating Company regularly maintains the technical equipment, including the audiovisual equipment. It shall not be liable for any technical defects or failures or any kind or origin whatsoever. The Operating Company shall bear no liability for technical malfunctions, interruptions to or breakdowns of the power or water supply.
10.4. The Contractual Partner shall indemnify and hold harmless the Operating Company in respect of any disadvantages suffered and claims advanced by third parties in consequence of the event, or the preparations for or termination thereof, for which the Operating Company is not to blame. This shall also apply to any expenses arising from defending such claims.
10.5. Repair costs arising from damage to the premises (e.g. to walls, columns, staircases, floors, carpets and the like) by the Contractual Partner or his servants, agents, visitors or guests shall be separately invoiced to the Contractual Partner and shall be paid by him to the Operating Company. However any repairs or replacements required shall be solely instigated and performed by the Operating Company.
10.6. The Contractual Partner expressly undertakes only to use skilled labour.
10.7 The Contractual Partner undertakes, at the request of the Operating Company, to pay a deposit in an amount determined by the Operating Company to cover any damage.
10.8. In the event that there is more than one Organiser, the Organisers shall be jointly and severally liable for all liabilities.
10.9. The Operating Company warrants performance of the contractual services, but assumes no other liability and makes no other guarantees. In particular, the Operating Company assumes no liability for accidents involving users of or visitors to the facilities occupied by the event.
10.10. The Operating Company likewise accepts no liability for the loss by the Contractual Partner's servants, agents, visitors or guests of property or goods brought into the building during or in connection with events, or for the theft thereof. The Contractual Partner shall be subject to an increased duty of care in respect of the security of his property, shall place valuable or easily removed items in safe keeping, and shall keep them under lock and key where necessary. The Operating Company shall solely be liable for losses occasioned by its own wilful intent or gross negligence or that of persons for whose actions it assumes liability. Its liability shall not extend beyond the actual loss, and that covered by the insurance.
10.11. If the Operating Company's servants provide assistance, such as transport services which go beyond its contractual obligations and are on a strictly complimentary basis, then this shall give rise to no contractual obligations and such services shall be rendered at the sole risk of the Contractual Partner.
10.12. Free WiFi wireless internet access is provided for the duration of the event, depending on availability. The operating company cannot provide any guarantee that the service will be available for use. The operating company excludes all and any responsibility for incorrect use by the contractual partner, its employees, suppliers, visitors and guests. The free WiFi service does not include technical support or rental of a dedicated internet connection.
11. Insurance
The Contractual Partner shall take out property and personal injury insurance (e.g. theft, burglary and fire loss insurance) at its own expense. The Operating Company recommends that the Contractual Partner take out an event insurance policy to cover any liability risks. The Operating Company reserves the right to arrange appropriate third party liability insurance at its own discretion and according to its own assessment of the risks involved if the Contractual Partner lacks such cover. The premium for such insurance shall be charged to the Contractual Partner as part of the overall settlement of accounts.
If the Contractual Partner so wishes, the Operating Company may also arrange for event cancellation insurance on his behalf.
12. Official permits
12.1. The Contractual Partner shall observe the statutory regulations and official licensing conditions applicable to his event. The supervisory staff provided by the Vienna City Administration and the Federal Police Authority for the Vienna administrative district shall be given seating where required by the official regulations. Any official commissioning inspections shall be attended by an authorised representative of the Contractual Partner.
12.2. The Contractual Partner shall obtain the necessary official permits and make the registrations required for the planned event (e.g. exhibitions, events involving music or fashion shows) at his own expense, and shall submit them for inspection by the Operating Company in Vienna not later than 14 days before the commencement of the event. If proof of such permits and/or registrations is not furnished in a timely manner, then the Operating Company shall be entitled to withdraw from the agreement unilaterally (see clause 7). In all such cases the Operating Company shall invoice the cancellation charges (see clause 5) without prejudice to any claims to damages in excess of the same.
12.3. In cases of urgency the Operating Company shall be authorised and empowered to make declarations on behalf of the Contractual Partner in order to prevent a cancellation of the event.
13. Alterations to the premises
13.1. Structural or technical alterations to fixtures and fittings and the building, and the installation of or modifications to wiring may not performed without the consent of the Operating Company.
13.2. The Contractual Partner may not appoint outside contractors to perform necessary construction and installation works without prior consultation of, and the written consent of the Operating Company; such contractors must be familiar with the premises and technical conditions therein.
13.3. All temporary wiring connected to permanent outlets shall be installed in accordance with the regulations. The installation and removal costs arising from such measures, as well as any installation costs shall be borne by the Contractual Partner. In the event that alterations are permitted the Contractual Partner shall restore the premises to their previous state at his own expense at the request of the Operating Company. The Operating Company shall, however, be free to require the retention of the modified state of the premises.
13.4. The Contractual Partner shall perform the dismantling of any structures and structural alterations in a competent and timely manner, and in accordance with the requirements imposed by the Operating Company. The Operating Company shall otherwise be entitled to remove and place in safe keeping all objects brought on to the premises, irrespective of ownership, at the expense and risk of the Contractual Partner.
14. Third party contractors and equipment, and bringing of objects on to the premises
14.1. The Contractual Partner shall require its business partners in connection with the event to adhere to these General Terms and Conditions of Business and Terms and Conditions of Quotation, and to any other agreements between the Contractual Partner and the Operating Company.
14.2. The Contractual Partner shall obtain the agreement of the Operating Company to the bringing in and use of audiovisual and other technical equipment, the setting up of exhibition stands and floral decorations, as well as the engagement of any third party contractors. Failure to obtain such consent may lead to the application of clause 7.
14.3. The Operating Company shall be entitled to refuse the use of third party contractors which, in its opinion, are unsuitable to render such services, in which case such companies may not perform the work.
14.4. Objects may not be brought on to the premises before the commencement of the hire period. Items brought on to the premises by the Contractual Partner or his agents may not be set up or affixed to the walls without special permission from the Operating Company.
14.5. Wiener Kongresszentrum Hofburg Betriebsgesellschaft m.b.H. assumes no liability whatsoever for items of any kind, including machinery and equipment, brought on to the premises, and all related risks shall be borne by the Contractual Partner (see clause 10).
15. Catering services
Catering services in the hired facilities shall be exclusively provided by the catering firms authorised by the Operating Company, which it shall make known to the Contractual Partner in its quotation. A separate agreement with respect to such services shall be made with one with of the two companies named in the quotation. The Contractual Partner may not serve food and beverages brought on to the premises by himself, neither may other persons or organisations serve food and beverages.
16. Advertising, the production and distribution of printed materials, and advertising materials of all sorts
All forms of advertising unrelated to the event on the premises and in the environs of the building shall, under all circumstances, require special permission from the Operating Company. Advertising materials (posters, flyers, etc.) to be used shall be submitted to the Operating Company prior to publication. The Operating Company shall be entitled to refuse the publication of such materials, particularly if they conflict with its interests. Flyposting is illegal and contractually prohibited, and shall render the Contractual Partner liable for damages. Stationery, posters, admission tickets, invitations, etc. shall bear the name of the Contractual Partner or his company in order to indicate that a contractual relationship exists between persons attending the event and the Contractual Partner, and not third parties or the Operating Company.
17. Photographs
17.1. Professional photography within the hired facilities requires the prior consent of the Operating Company.
17.2. The Operating Company maintains business relationships with selected photographic studios which are entitled to take photographs in the facilities provided by it during events, and if the Contractual Partner so desires, to exhibit, sell and/or digitally market such photographs during events.
17.3. The Contractual Partner shall be entitled to produce photographs of the event for its own purposes or for publication in the press (e.g. for its records or for press coverage). When publishing such photographs the Contractual Partner shall credit them to “Wiener Kongresszentrum Hofburg Betriebsgesellschaft m.b.H”. The Contractual Partner may not modify the images. Pictorial material may not be passed on to third parties without the consent of the Operating Company.
18. Filming, video and audio recordings
18.1. The prior written consent of the Operating Company shall be obtained for filming, and video, audio, radio and TV recording. Performances of such recordings on the premises of the Operating Company shall likewise require the consent of the latter, and the Contractual Partner shall obtain the necessary official licences and submit them for inspection by the Operating Company at its request (see clause 12).
18.2. The Contractual Partner hereby states its willingness to permit the Operating Company's wordmark and logotype to be visibly affixed to objects brought on to the premises during media and TV coverage of the event wherever possible.
19. Event announcements
The Contractual Partner hereby permits the Operating Company to include the event by in the online event calendar and other listings unless the Contractual Partner expressly objects to the same within 14 days of execution of the agreement. A link to the Organiser's website may be added to the entry in the event calendar at the request of the Contractual Partner.
20. Other rules and regulations
20.1. The Contractual Partner hereby acknowledges and is aware that the following regulations are an integral part of the General Terms and Conditions of Business and Terms and Conditions of Quotation of the Operating Company, and undertakes to adhere to them, and to procure that its business partners in connection with the event, participants therein, visitors to and guests of the Congress Center Hofburg shall do likewise.
20.2. The Operating Company may eject persons infringing these regulations from the hired facilities at any time under its landlord's rights.
20.3. Event times
Persons attending social events may be admitted to the function rooms one hour before the commencement of the event. Prior admission must be agreed with the Operating Company in good time. The sale of admission tickets is only permitted in the rooms designated for that purpose.
20.4. Safety
Circulation routes and exits to the street may not be obstructed. Access to the podiums and changing rooms may only be granted to participants, official supervisory staff, and persons authorised by the Operating Company to do so.
The officially approved capacity limit may not be exceeded.
Minors aged under 14 may not be admitted after 10 p.m., even if accompanied by adults.
Unauthorised persons may not interfere with the lighting equipment or electrical circuits.
Naked flames or lights, paraffin, alcohol, plastics such as plastic foam and other highly inflammable materials may not be stored or used in the function rooms. If the Contractual Partner intends to decorate the function rooms and staircases with plants, carpets and the like it must obtain the agreement of the Operating Company, and must bear the cost.
Only fire resistant or flameproof impregnated materials (combustibility class B1/Q1), live plants and fresh garlands may be used to decorate the facilities. Wax impregnated leaves and flowers, and lanterns with naked flames are prohibited.
Admission to the function rooms and ancillary rooms in paper costumes, and with air balloons or other objects which could endanger the safety of visitors or cause damage to the function rooms is prohibited.
20.5. Sale and distribution of goods, printed materials
No goods of any kind whatsoever may be sold in the function rooms without the consent of the Operating Company.
The setting up of sales stands and the distribution of objects, printed materials, etc. in the function rooms requires the prior consent of the Operating Company.
20.6. Cloakroom
The Contractual Partner's employees and persons attending the event must deposit coats and umbrellas in the cloakroom. Soloists may do so in the artists' dressing rooms.
20.7. Animals
Animals may not be taken into the halls.
20.9. Food and beverages
It is prohibited to bring food and drink on to the premises.
20.10. Opinion surveys
The conduct of opinion surveys and/or other surveys among persons participating in events on the premises requires the prior consent of the Operating Company.
20.11. Announcements
The announcements and prohibitions displayed in the function rooms must be strictly adhered to.
20.12. Vienna Event Venues Act
Events subject to the Vienna Event Venues Act may only be held if the Contractual Partner has made the related official registrations and obtained the necessary permits.
Failure to observe the approved house rules is subject to the penalties provided for by the Vienna Event Venues Act as amended, and entitles the Operating Company to terminate any event prematurely without reducing its charges.
21. Subsidiary agreements, amendments
Neither any verbal or written agreements subsidiary to the quotation nor any prior agreements have been made. Any amendments to the quotation shall not be made except as in writing, and the same shall apply to any departure from this requirement.
22. Jurisdiction and applicable law
Any disputes arising from the agreement shall be for the sole jurisdiction of the competent court in Vienna. All contractual relationships arising from the agreement shall be governed by the laws of Austria.
23. Final provisions
23.1. If any provision of these General Terms and Conditions of Business and Terms and Conditions of Quotation shall be invalid or unenforceable then this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision by a valid provision which approximates as closely as possible, within the limits of the law, to the economic effect intended by the agreement. The same shall apply to any omissions.
23.2. The parties to the agreement shall inform each other of any change of name or address without delay. Until a change of address is notified the parties may send all notices or declarations to the address most recently notified with legal effect.
Here you can download our general terms and conditions.