GENERAL TERMS OF CONTRACT
All prices are given in EURO; including current Austrian value added tax, service charge and local taxes. All adaptations of prices due to changes in the law shall be borne by the client.
The contracted rates are provided by Hilton to the Client under the condition that they are used as end-user rates. No increase or mark-up is admissible on the rates vis a vis further parties. The client is however free to resell at rates lower than the contracted rates at his absolute discretion.
2. Times of arrival and departure
The time of arrival is 15.00 hrs. The rooms shall be vacated by no later than 12.00 hrs. In case of earlier or later arrival and departure, luggage may be put in storage at the hotel.
3. Closing date for reservations
All reservations have to reach the hotel no later than 2 weeks prior to the scheduled event. This can take the form of a list of names supplied by the organiser of the event, or direct bookings by the individual participants. Bookings that reach the hotel after this deadline can only be accepted if enough accommodation is available.
After the signing of this contract, the hotel management will reserve the required accommodation and the necessary function rooms for the client. The hotel management has the right to revoke the contract at all times if:
1. The Client fails to adhere to the terms and conditions of this contract.
2. The Event might prejudice the reputation of the Hilton Vienna.
3. The Clients insolvency or Hilton has reasonable grounds for anticipating the same.
4. In the case of force majeure (see section 15).
Should any of these cases apply, the organiser has no right to claim damages.
Cancellation of the entire Event or part of the Event must be sent to the Hilton Vienna in writing. The following cancellation charges for the reserved function space will apply if the entire Event or part of the Event is cancelled or the minimum guaranteed numbers have not been reached:
-Between 9-6 months prior to the event start date, 50% of the total estimated charges, as outlined in the billing section above
-Between 6-3 months prior to the event start date 75% of the total estimated charges, as outlined in the billing section above
-Between 3 months - to the event start date 100% of the total estimated charges, as outlined in the billing section above
Should the organiser cancel a booking that has already been confirmed, all preparatory costs, particularly with respect to the rental of technical equipment, engagement of musicians, etc., will be charged in their entirety to him.
5. Reduction of the rooms’ allotment
-20% of the total number of rooms reserved per night can be cancelled free of charge between nine and three months before the date of arrival.
-Another 10% of the total number of rooms reserved per night can be cancelled free of charge three months to one month before the date of arrival.
The hotel management will accept free of charge an additional cancellation of 5% of the total number of rooms reserved per night between one month and 14 days prior to the date of arrival. The hotel management cannot accept any cancellations made less than 14 days before the date of arrival.
In case of cancellations that exceed the numbers stated above, the cost of rooms will be charged for the total envisaged period of residence.
In case of NO-SHOWS of clients the hotel allows itself to charge the room rate for the total envisaged period of residence. Hereby the reservation for the entire stay will be cancelled and released for resell.
6. Guaranteed number for conferences and banquets
The final number of attendees (minimum guaranteed numbers) are contractually fixed and must therefore be complied with.
Should the number of participants fall under the minimum guaranteed numbers, the event organiser is obliged to cover the costs for the decreased number of participants in full.
Should the actual number of participants exceed the minimum guaranteed numbers, the event organiser is obliged to communicate the number of additional delegates at least 7 days prior to the event start date.
In case the hotel doesn’t receive the additional numbers within the given time frame, the smooth operation of the event can not be assured any longer. If the additional numbers should exceed the minimum guaranteed numbers by more than 5%, the hotel might not be able to serve according to the requested order of courses.
The minimum guaranteed numbers will automatically be regarded as final numbers, should the hotel not receive any higher revised number at least 7 days prior to the event.
In the unlikely event that Hilton does not, for any reason have the required number and type of rooms available a the relevant hotel on the required dates as per the booking, Hilton reserves the right to relocate the Client to an alternative hotel of a similar standard in the same locality.
If the particular room, which has been booked by the Client, is unavailable at the Hotel on the required date as per booking, Hilton reserves the right (without liability) to relocate the Client to an alternative room of a similar standard within the same Hotel.
Only the hotel’s own catering services may be employed to offer any type of catering in the hotel, including small refreshments such as coffee, mineral water, fruit juice and the like.
Should the organiser offer his own beverages (with the express permission of the hotel management) he must remunerate the hotel to the extent of 50% of its forgone sales on the same beverages, in the absence of any other written agreement.
9. Vacation of the premises
The organiser must vacate the bedrooms allocated to him by the agreed deadline. If a particular day has been stipulated, then he must leave by 14.00 hrs on that day.
If the organiser is unable to meet the deadline for vacating the premises then the hotel is permitted to have all the organiser’s objects removed at the latter’s expense and risk and to store them with a third party.
10. Advance payments
The advance payments agreed upon are not refundable, unless otherwise stated in this agreement. However, in the event of cancellation by the organiser, should the hotel be in the position to sell the accommodation and function rooms reserved for the organiser to third parties, the amounts collected by the hotel from such sales shall be credited to the client. Advance payments are to be transferred to the following account:
Bank Austria Creditanstalt
Schubertring 14, 1010 Vienna, Austria
Routing Code: 12000
IBAN: AT 12 1100 0006 2620 0000
Swift (BIC): BKAUATWW
11. Use of facilities
The organiser is entitled, with the special permission of the hotel management, to introduce objects in the rooms put at his disposal for the purpose of exhibition, presentation, advertisement and demonstration or to use them as media.
Should this be the case, the organizer is required to take every possible precaution to enable the hotel to operate normally and shall refrain from causing damage or inconvenience to the building, its guests or fittings. The organizer promises to refrain from causing damage to the building, together with its furnishings, fittings, installations and equipment in the condition he first found them. He is not permitted to mount fittings for hanging pictures, etc., in walls without the permission of the hotel management. The organizer is liable to be held responsible for every form of damage, interference and excessive wear and tear that resulted from his use of the hotel’s facilities or from the installation or dismantling of the objects and equipment of exhibitions, irrespective of whether these damages were caused by the organizer himself, his employees, assistants or visitors, and irrespective of whether he is to blame for the said damages.
The objects the organizer introduced into the hotel premises for use during an event conform to the conditions governing the reception of guests in the sense of §§ 970 following of the ABGB (Austrian Civil Code). The same applies when a third party (employees, colleagues, representatives, deputies, clients and business partners of the organizer) brings such objects into the hotel premises. The hotel may not be held responsible for damages to the organizer, whether these apply to objects that were introduced by the organizer or his representatives, either because of failure of the hotel to fulfill its duties or petty negligence: in the case of gross negligence or intent on the part of the hotel the damages due cannot exceed € 750,000.00 for all damages arising from an event. This also applies in the event that the hotel supplies the organizer with separate rooms that are inaccessible to the general public for the temporary storage of objects on its premises.
The loading bay in the BOE Garage is the only place where deliveries can be accepted and delivered. A free 1-hour parking ticket can be obtained at the loading bay.
12. Payment of invoices
All invoices are payable as soon as they are issued. Should the amounts payable remain outstanding for a period longer than 30 days, the hotel reserves the right, at its option, to charge 2% per month or the highest legal interest on the sum outstanding. All costs incurred by collection will be carried by the organizer.
Alterations of the organization program or of the number of participants can lead to an adaption of the agreed upon price. As soon as this agreement is executed all alterations agreed upon between the hotel and the client requires the written form. The client is not permitted to make alterations of, additions to or deletions of the wording of this agreement as soon as it is executed by the hotel. Such alterations, additions and deletions are ineffective.
The venue is Vienna 1. It is agreed that the contract is subject to Austrian law.
15. Force majeure
“Force majeure” frees both contractual parties, the customer and the hotel, from the contractual responsibilities of this agreement. Force majeure includes: war, military occupation, riot, strike, total collapse of the provision of supplies, total suspension of air traffic (except in the case of adverse climatic conditions and strike), and all of these only when the hotel and its operation are directly affected.
The hotel points out those renovations might be carried out in part of hotel as well as in the near neighborhood. However, the routine operation of those parts of the hotel not affected by renovation work will continue without interruption. The hotel shall take the necessary steps to ensure that the organiser and hotel guests will not suffer any inconvenience. The hotel does not accept any legal liability or warranty for any damages and claims arising from this construction activity, except in the case of injuries to persons or damages to property caused by intent or gross negligence.