GTC for Events, Group Travel & MICE

VAYA Resorts

General Terms and Conditions
for Events, Group Travel & MICE

These General Terms and Conditions (“GTC”) apply to events, in particular in the Meetings, Incentives, Conventions, and Events (MICE) sector, as well as to group bookings. For the purposes of these GTC, a group booking is defined as a reservation of at least 10 rooms.

These GTC form an integral part of all contracts between the organizer and a VAYA Group property (hereinafter referred to as the “hotel”) regarding group bookings and events, in particular regarding the rental of conference and event rooms as well as related services and supplies. The organizer’s contractual partner is, in each case, the applicable VAYA Group company with which the respective contract is concluded. If it is not clear which VAYA Group company is the organizer’s contractual partner, VAYA Holding II GmbH shall be regarded as the contractual partner.

Unless these GTC contain provisions to the contrary, the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006), as amended, shall apply supplementarily. (https://www.wko.at/tourismus-freizeitwirtschaft/hotellerie/allgemeine-geschaeftsbedingungen-hotellerie). In the event of any conflicts, the provisions of these General Terms and Conditions shall take precedence over the provisions of the AGBH 2006. Any deviating or supplementary agreements must be in writing and require the written consent of both contracting parties to be valid.

For the purposes of these General Terms and Conditions, “organizer” refers to both consumers and business entities as defined in § 1 of the Consumer Protection Act (KSchG). Upon conclusion of the contract, the organizer acknowledges these General Terms and Conditions as a binding part of the contract.

1. Conclusion of the Contract and Contract Terms

1.1. The hotel provides the organizer with a written, non-binding offer. The prices listed in the offer are valid for a period of seven days from the date the hotel sends the offer. This does not result in a reservation or blocking of the offered rooms. The availability of the offered rooms cannot be guaranteed until the contract is concluded.

The organizer may accept the offer in writing within the above-mentioned period of 7 days. However, a contract is not concluded until the hotel provides written confirmation. If the hotel does not provide written confirmation, or if the offered rooms are no longer available, in whole or in part, at the time of confirmation, no contract is concluded.

1.2. Any changes or additions to the contract, particularly regarding additional event technology, branding, or other supplementary services, require the hotel’s written consent. They become effective only upon the organizer’s receipt of the hotel’s written confirmation.

1.3. If the customer or the person placing the order is not the event organizer themselves, or if they engage a third party, in particular an agent, tour operator, event organizer, or other organizer (hereinafter “authorized third party”), to carry out or organize the agreed-upon services, the customer or the person making the order remains responsible to the hotel for the proper fulfillment of all obligations arising from the contract. The customer or purchaser must ensure that the third party commissioned by them acknowledges and complies with these General Terms and Conditions as well as the resulting obligations toward the hotel.

1.4. The subletting or re-letting of the rooms provided, as well as their use for purposes other than those contractually agreed upon, require the hotel’s prior written consent.

2. Breach of Contract and Liability for Damages

2.1. The hotel is liable for damages resulting from a breach of contractual obligations only in cases of intent or gross negligence. Liability for the conduct of persons whose behavior is attributable to the hotel is governed by the provisions of law.

3. Services

3.1. The hotel agrees to provide the services agreed upon in the contract. The organizer agrees to pay the agreed-upon fees (rental fee, fees for food and beverages, etc.) on time. The terms of payment in accordance with section 20.1 apply.

4. Arrival and Departure

4.1. The organizer has no right to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in written form.

4.2. The reserved rooms will be available to the organizer on the agreed arrival date starting at 3:00 p.m. The organizer is entitled to earlier check-in only if this has been agreed upon in writing with the hotel.

4.3. On the agreed departure date, the rooms must be vacated and returned to the hotel by 10:00 a.m. at the latest. If the rooms are not vacated by the specified time, the hotel is entitled to charge the daily room rate for the additional use until 6:00 p.m. and, from 6:00 p.m. onward, 100% of the applicable room rate for an additional night’s stay, in addition to compensation for any further damages incurred.

5. Guaranteed Number of Participants

5.1. The organizer must provide the hotel with an up-to-date room and guest list no later than 21 days before the arrival date. This list must include, at a minimum, the guests’ first names, last names, nationalities, and arrival and departure dates. Special guest requests, such as allergen information, must also be communicated. Updated guest lists must be clearly marked as such, and any changes made must be clearly indicated.

If the list is not submitted by the deadline or is incomplete, the hotel assumes no liability for accommodating guests in accordance with the contract or their requests. In this case, the hotel is entitled to charge the organizer a contractual penalty of EUR 1,000.00 for each calendar day (or portion thereof) of delay.

The final number of guests must be provided upon submission of the guest list to [email protected] and requires written confirmation from the hotel. This number shall then be considered the guaranteed minimum number of participants and shall serve as the basis for billing all booked services. If a smaller number of people participate, billing will nevertheless be based on the guaranteed minimum number of participants. If more people participate, the services actually provided and utilized will be billed additionally.

If the number of guests arriving exceeds the number confirmed by the hotel, the hotel reserves the right to accommodate them subject to availability or to refuse accommodation. Additional guests will be charged separately.

6. Cancellation of Group Trips and Events

6.1. For group trips and events, separate cancellation terms may be agreed upon in the respective contract. To the extent that these differ from the terms of these General Terms and Conditions, the contractually agreed cancellation terms shall take precedence. All bookings, cancellations, and contract amendments (in particular name changes, changes to arrival or departure dates) must be made in written form to be valid. Verbal or telephone confirmations are non-binding and do not take legal effect until confirmed in writing by the hotel.

7. Cancellation Policy for Group Bookings

7.1. Group conditions apply only to bookings of at least 10 rooms per night. If the number of booked rooms reduces to fewer than 10 rooms per night, the hotel is entitled to adjust the group rate and charge a corresponding surcharge per room.

7.2. The following cancellation policy applies to bookings of 16 or more rooms:

• Up to and including 60 days before the check-in date: free cancellation
• 59 to 31 days before the arrival date: 50% of the agreed room rate per canceled room
• 30 to 22 days before the arrival date: 80% of the agreed-upon room rate per canceled room
• 21 days or less before the arrival date: 100% of the agreed-upon room rate per canceled room

7.3. The following cancellation policy applies to bookings of 10 to 15 rooms:

• Up to and including 45 days before the arrival date: free cancellation
• 44 to 31 days before the arrival date: 50% of the agreed room rate per canceled room
• 30 to 22 days before the arrival date: 80% of the agreed-upon room rate per canceled room
• 21 days or less before the arrival date: 100% of the agreed-upon room rate per canceled room

7.4. In the event of a no-show, non-use of reserved rooms, or early departure, the agreed-upon fee for the entire stay must be paid in full. A no-show occurs when the registered guest has not arrived by 6:00 p.m. on the day of arrival at the latest and has not notified the hotel of a later arrival time.

8. Withdrawal by the hotel

8.1. Regardless of any other legal rights to terminate or dissolve the contract, the hotel is entitled to withdraw from the contract concluded with the organizer,

8.1.1. if the organizer fails to make a contractually agreed advance payment despite a written demand and the granting of a grace period of at least one (1) week. The notice of withdrawal must state that the contract will be terminated if payment is not made within the applicable deadline;

8.1.2. if the fulfilment of the contract is impossible or unreasonable for the hotel due to force majeure (in particular earthquakes, war, terrorist attacks, storm damage, fires, pandemics) or other circumstances for which the hotel is not liable;

8.1.3. if the event was booked based on misleading or false statements regarding material facts, in particular concerning the purpose of the event or the identity of the organizer;

8.1.4. if the hotel has reasonable grounds to assume that the event poses a risk to the smooth operation or security of the hotel or the VAYA Group, provided that such circumstances are not attributable to the hotel or the VAYA Group.

8.2. The hotel shall declare its withdrawal from the contract to the organizer in writing.

8.3. In the event of withdrawal by the hotel in accordance with section 8.1., the organizer shall not be entitled to derive any claims for compensation against the hotel or the VAYA Group. This shall not apply if the hotel is responsible for the withdrawal.

9. Withdrawal by the organizer

9.1. The organizer is entitled to withdraw from the contract upon payment of the cancellation fees specified below. For group bookings, the separate cancellation terms specified in Section 7 of these Terms and Conditions apply.

9.2. The withdrawal must be communicated to the hotel in written form and becomes effective upon the hotel’s receipt of the notice of withdrawal.

9.3. The following cancellation policy applies to events:

• Up to and including 45 days before the start of the event: free cancellation;
• 44 to 22 days before the start of the event: 50% of the agreed-upon room rental fee and 50% of the already confirmed services and additional services;
• 21 days or less before the start of the event: 100% of the agreed-upon room rental fee, as well as 100% of the already confirmed services and additional services.
• If a conference package is booked, the agreed-upon conference package fee will be charged in full even if the event begins late. Any additional services or costs incurred due to the event ending late will be billed separately.

9.4. Any further claims for damages by the hotel arising from the organizer’s withdrawal from the contract shall remain unaffected by payment of the cancellation fee.

9.5. If the organizer and the hotel agree on a flat-rate fee (e.g., a “flat rate” or a “buyout”) for accommodations, the payment and cancellation terms shall be subject to the separate written agreements made between the contracting parties in this regard.

10. Change of Event Date by the organizer

10.1. Unless otherwise agreed in written form, any postponement of the event or group booking requested by the organizer (particularly with regard to the date, room allocation, or venue) shall be considered a cancellation of the contract. The resulting cancellation fees shall be based on the applicable cancellation policy.

10.2. In addition to the applicable cancellation fees, the organizer must also reimburse the hotel for any costs incurred by third parties engaged by the hotel that, due to the postponement, can no longer be used or cannot be fully utilized for other purposes (in particular, costs for suppliers, artists, technical equipment, custom-made items, or comparable services).

11. Changes to the Number of Participants and Event Times

11.1. The contractually agreed number of participants is binding for the execution and invoicing of the event. The organizer is obligated to notify the hotel immediately in written form of any changes to the number of participants. In the event of a reduction of more than 15%, the hotel is entitled to adjust the compensation accordingly and to apply the cancellation policy in effect at the time of notification to the scope of services that are no longer required. Alternatively, the hotel is entitled to terminate the contract.

11.2. The final number of participants must be communicated to the hotel in written form no later than 21 days before the start of the event. This number serves as the binding basis for calculating all services agreed with the hotel.

11.3. If the final confirmed number of participants is exceeded, the costs will be based on the actual number of participants and the services actually used, assuming that the hotel is able to provide those services.

11.4. The hotel reserves the right to provide facilities other than those originally agreed upon, provided that such facilities are of equivalent quality, taking into account the organizer’s interests, and the change is reasonable for the organizer.

11.5. If the agreed start or end times of the event are exceeded or rescheduled without the hotel’s prior written consent, the hotel is entitled to charge the organizer for any additional costs incurred as a result of the extension of the service period.

12. Beverage Charges

12.1. Unless otherwise agreed, all beverages will be charged according to actual consumption.

13. Food and Beverages brought by the organizer

13.1. The provision of food and beverages by the organizer or by third parties engaged by the organizer requires the hotel’s prior written consent. The hotel is entitled to charge a reasonable flat fee (“service fee”) for this.

14. Technical Services

14.1. If technical work by external service providers is required to carry out the event, the organizer is obligated to bear the resulting costs. The hotel is entitled to pass these costs on to the organizer.

15. Music

15.1. If the organizer intends to hold an event featuring a musical performance, the organizer must inform the hotel with the relevant details in a timely manner. The organizer must submit the required registrations, in particular to the AKM and the relevant authorities (e.g., regarding any entertainment tax), within the applicable deadlines. The corresponding confirmations and forms must be submitted to the hotel no later than one week before the start of the event.

The organizer agrees to compensate and hold the hotel harmless from all claims by third parties arising from musical performances organized by the organizer.

16. Decorations

16.1. The event organizer must notify the hotel in a timely manner of any intended installation of decorative materials or other decorative items and obtain the hotel’s prior written approval for such installation. The installation or removal must be carried out by qualified staff, and all fire safety regulations and other applicable legal requirements must be complied with.

The event spaces must not be damaged by decorations or their installation. The event organizer is responsible for all costs incurred in connection with the production, delivery, installation, and removal of decorative materials.

17. Room Rental Fees

17.1. The agreed-upon room rental rate covers only the provision of the rented premises and the agreed furniture. Any services or additional items provided by the hotel will be charged separately.

18. Liability of the organizer

18.1. The organizer is liable for all damages caused by the organizer itself, its guests, employees, or agents. The hotel is entitled to require the organizer to obtain adequate liability insurance.

18.2. If, at the event organizer’s request, the hotel procures technical or other equipment from third parties, this is done exclusively in the name, on behalf of, and at the expense of the organizer. The organizer is liable to the respective third party for the proper handling and return of the equipment provided and indemnifies the hotel against all claims by third parties arising from the provision of this equipment.

19. Liability of the hotel

19.1. The hotel is liable for damages suffered by a guest if the damage occurred in the course of hotel operations and the hotel or persons for whom the hotel is responsible are at fault. However, liability for property damage caused by slight negligence is excluded.

19.2. The hotel is liable in accordance with statutory provisions (Sections 970 et seq. of the Austrian Civil Code (ABGB)) for items brought in by guests, unless the hotel proves that the damage was neither caused by the hotel or one of its employees nor by third parties entering or leaving the premises. This liability applies only if the items were handed over to the hotel or to persons authorized by the hotel, or were placed in a location designated or specified by the hotel for this purpose. It is limited to 1,100.00 euros, unless the items were specifically handed over to the hotel for safekeeping or the damage was not caused by the hotel or its employees. The hotel is liable for valuables, money, and securities only up to a maximum amount of 550.00 euros, and for any damage exceeding this amount only if the hotel accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the hotel or its employees. The hotel may refuse to accept valuables, money, and securities for safekeeping if they are significantly more valuable than items that hotel guests typically entrust to the hotel for safekeeping. The limitation of liability set forth in Section 19.1 also applies in connection with liability for items brought onto the premises.

19.3. Guests use the underground parking garage and the ski storage room at their own risk. The hotel is not liable for theft of or damage to vehicles, nor for theft of items from vehicles parked on the premises. Likewise, the hotel is not liable for damage to vehicles caused by weather conditions (in particular rain, meltwater, or flooding).

19.4. The hotel is not liable for theft or loss of ski equipment unless it was properly locked in the designated storage facility.

20. Services, Prices, Payment, Setoff

20.1. The agreed prices include the applicable statutory value-added tax as well as all taxes and fees, with the exception of the statutory local tax, the visitor’s tax, and the mobility fee of the respective hotel location, provided that these are to be covered separately by the organizer.

20.2. The hotel is obligated to provide the services ordered by the organizer and confirmed by the hotel in accordance with the contractual agreement.

20.3. The organizer is obligated to pay the agreed or applicable rates for all services provided by the hotel. This also applies to services arranged by the organizer and expenses incurred by the hotel in its interactions with third parties, in particular claims by copyright and collecting societies. Furthermore, the organizer is liable for the payment of all food and beverages ordered by event participants or guests, as well as for any other costs incurred by the event participants or guests. This also applies if guests were booked as “self-paying” guests.

20.4. The hotel is entitled to adjust the agreed prices if, after conclusion of the contract, statutory charges or taxes change as a result of amendments by the legislator or competent authorities, or if an agreed price adjustment based on the Consumer Price Index (CPI) applies.

20.5. Invoices issued by the hotel that do not specify a due date must be paid within 14 days of receipt of the invoice, without deduction. The hotel is entitled to declare any outstanding balances due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the statutory late payment interest. This does not exclude the hotel’s right to claim additional damages resulting from the delay.

20.6. For cashless payments (in particular by credit or debit card) with an invoice amount of EUR 5,000.00 or more, the hotel is entitled to charge the actual transaction fees incurred separately. These fees may also be invoiced retrospectively.

20.7. The hotel is entitled to require a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.

20.8. The organizer may set off a claim against the hotel only if the hotel is unable to pay or if the organizer has a recognized claim, a claim established by a court, or a claim arising from a legal relationship related to the organizer’s liability.

21. Place of Jurisdiction

21.1. The exclusive venue for legal disputes arising from business relationships between two companies is the Regional Court of Innsbruck (Landesgericht Innsbruck). The hotel is also entitled to assert claims before any other court with subject-matter and territorial jurisdiction. If the organizer is a consumer with a domicile or habitual residence in Austria, actions against the organizer may be brought exclusively before the court with jurisdiction over the organizer’s domicile, habitual residence, or place of work. If the organizer is a consumer with a place of residence in another EEA member state or in Switzerland, the court with subject-matter and territorial jurisdiction over the consumer’s place of residence shall have exclusive jurisdiction over claims against the organizer.

22. Place of Fulfillment

22.1. The place of fulfillment for all services arising from the contractual relationship is the hotel’s location.

23. Applicable Law

23.1. Austrian law shall apply exclusively, to the exclusion of the conflict-of-laws rules of private international law.

24. Written Form

24.1. For the purposes of these General Terms and Conditions, the requirement of written form also includes statements that one party transmits to the other via email or as an attachment to an email (e.g., as a PDF file).

25. Invalidity of Individual Provisions

25.1. Should individual provisions of this contract be invalid or unenforceable, or become invalid or unenforceable after the contract is concluded, this shall not affect the validity of the remaining provisions of the agreement.

26. Deviating Terms and Conditions

26.1. Any terms and conditions of the organizer, customer, or other contractual partner that conflict with or deviate from these General Terms and Conditions shall not apply, even if the hotel does not expressly object to their validity. Such terms and conditions shall only become part of the agreement if the hotel expressly agrees to their validity in writing.