GTC for Events, Group Travel & MICE

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VAYA Resorts

General Terms and Conditions
for Events, Group Travel & MICE

These General Terms and Conditions (“GTC”) apply to events, especially for meetings, incentives, congresses, events, as well as to group travel. A group tour is defined as 10 rooms booked or 20 persons.
These GTC are part of the contract concluded with the organizer about group trips or events with the rental of conference, banquet and event rooms as well as all related services and deliveries in the companies of the VAYA Group (hereinafter referred to as “hotel”).
Any conditions to the contrary must be made in writing and mutually accepted. The organizer submits to these GTC, all relevant trade law regulations in the current valid version of the Austrian Hotel Regulations and assumes liability for their compliance with them by his signature. Organizers within the meaning of these GTC are both consumers and entrepreneurs within the meaning of consumer protection law (KSchG).

1. Conclusion of contract and content of the contract

1.1. The hotel shall provide the organiser with a written offer. The offers of the hotel are always subject to change. The contract is concluded at the time of receipt of the organizer’s written declaration of acceptance by the hotel, provided that the receipt of the written declaration of acceptance takes place within the validity period specified in the offer from the time it was sent by the hotel.

1.2. A contract change requested by the organizer (e.g. B. additional event technology, brandings, event extras), regardless of the means of communication by which the organizer transmits this change request to the hotel, only comes into effect at the time of receipt of the written declaration of consent of the hotel to the organizer.

1.3. If the customer / orderer is not the organizer himself or if a commercial intermediary or organizer is engaged by the organizer, the organizer is jointly and liable to the hotel together with the organizer for all obligations arising from the contract.

1.4. The subletting and subletting of the rooms provided as well as the use for purposes other than the agreed event or accommodation require the prior written consent of the hotel.

2. Disruption of performance – Liability for property damage

2.1. If the hotel or persons for whom the hotel is responsible violate obligations arising from the contractual relationship, they shall be liable for property damage exclusively for intent and gross negligence.

3. Services

3.1. The hotel undertakes to provide the contractually promised services. The organizer undertakes to pay the fees agreed for the services of the hotel (rentalfee,remuneration for food and drinks, etc. ) to be paid. The agreed fees are inclusive of value added tax to the extent permitted by law.

4. Arrival and departure

4.1. The Host shall not be entitled to the provision of certain rooms unless the Hotel has confirmed the provision of certain rooms in writing..

4.2. Booked rooms are available to the organizer from 16:00 on the agreed day of arrival. He has no claim to earlier provision, unless he has agreed this in writing with the hotel.

4.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, the hotel may charge the daily room price for the additional use of the room until 6:00 p.m. in addition to the resulting damage, from 6:00 p.m. then 100% of the full valid accommodation price.

5. Guranteenumber of participants

5.1. The hotel requires the exact number of participants as well as an up-to-date list of rooms and names no later than 14 working days before the arrival day. A complete list of names must be sent to the hotel, stating the following information: first name, last name, nationality, arrival and departure dates and special guest requests. In updated name lists, changes must be marked as such.

If this is not done, the hotel assumes no liability for the desired accommodation and reserves the right to charge the organizer a fee of EUR 1,000.00 for each day of delay. The exact number of participants must be communicated to the hotel manager and requires written reconfirmation. This number is then considered a guaranteed minimum number of participants and will be charged to the organizer in any case. It is the basis for billing for all booked services. If, in addition, more people participate, the actual number of persons present will be charged.

6. Cancellation of group trips and events

6.1. For groups of travel and events, separate cancellation conditions, which result from the corresponding contracts, can be agreed and which, in the event of a deviation, take precedence over the conditions of these GTC. All bookings, cancellations and changes (e.B. name changes, changes in arrival or departure, etc.) must be made in writing without exception. Our employees are not entitled to promise changes and cancellations by telephone.

7. Cancellation conditions for cancellation of rooms for group tours by the organizer

7.1. For group travel, group rates can be granted, which are valid from the booking of at least 10 rooms per night. If the number of rooms per night is reduced to less than 10 rooms, the hotel reserves the right to estimate the current daily rates instead of the agreed group rate.

7.2. A change of the room contingent is possible for the organizer under the following conditions:

· up to 100% of the quota up to 90 days before the arrival day

· up to 10% of the remaining contingent up to 30 days before arrival day

a. Cancellations by the organizer that exceed the percentage listed above and/or are made later are only possible upon payment of a fee of 100% of the fee for the entire stay. This also applies to non-use of the rooms, no shows and early departures.

b. The administrator has not used a room if the guest has not moved into it by 6.00 p.m. on the day of booking at the latest, without the hotel having been informed of a later arrival of the guest or in the event that a guest leaves his room early.

c. Any cancellations must be communicated to the hotel in due time and in writing and reconfirmed by the hotel.

8. Wirhdrawal of the hotel

8.1. Notwithstanding any other statutory rights to terminatethe contract, the hotel is entitled to withdraw from the income concluded with the organizer,

8.1.1. if the Organizer does not pay the advance payment in accordance with the contract by written declaration of withdrawal setting a grace period of a maximum of one (1) week and pointing out that the contract is terminated by withdrawal in the event of non-payment within this period;

8.1.2. if the fulfilment of the contract is not possible for the hotel due to force majeure (e.B. earthquakes, wars, terrorist attacks, storm damage, fires, etc.) or other circumstances for which it is not responsible, regardless of whether the hotel is not already exempt from its obligation to perform due to such events;

8.1.3. Events are booked with misleading and false statements of material facts, e.B. about the purpose of the event or the organizer;

8.1.4. if the hotel has reasonable grounds to believe that the event may jeopardise the smooth business operations, security and/or reputation of the hotel or the VAYA Group in public, without this being attributable to the control or organisational area of the hotel or the VAYA Group.

8.2. The hotel must declare its withdrawal to the organizer in writing.

8.3. . In the event of withdrawal by the hotels in accordance with point 8.1. the organizer is not entitled to claim for compensation against the hotel or the VAYA Group.

9. Withdrawal of the organizer

9.1. The organizer is entitled to withdraw from the contract against payment of a cancellation fee.

9.2. The organizer must inform the hotel in writing of the withdrawal from the contract.

9.3. Depending on the receipt of the declaration of withdrawal by the Hotel, the following cancellation rates apply:

9.3.1. Up to 90 days before the date of the event or the day of arrival of the group, the cancellation of the booked event or group trip is free of charge.

9.3.2. Up to 30 days before the date of the event (the day of arrival of the group), 90% of the agreed room rental will be charged in the event of cancellation of conference, banquet and other event rooms. The contractually agreed number of participants can be reduced by 10% free of charge.

9.3.3. In the event of subsequent cancellations or if the aforementioned percentage is exceeded, 100% of the agreed room rent will be charged for cancelled rooms and rooms and 100%of the expected meal turnover for participants who did not appear. When booking a conference package, 100% of the conference fee per person will be charged in the event of delay or exceedance.

9.4. Any further claims for damagesby the hotel, which have their reason in the withdrawal from the contract by the organizer, remain unaffected by the payment of the cancellation fee.

9.5. The calculation of the meal turnover is based on the formula: Price for food x number of persons. If no price has yet been agreed for the menu, the cheapest four-course menu of the respective valid event offer will be used as a basis.

9.6. Partial return/ cancellation of rooms: see cancellation conditions under point 7.

9.7. If a flat rate is agreed between the organizer and the hotel for the room accommodation for a certain number of rooms, a reduction of the fee in the event of non-use of the room contingent by the CUSTOMER is excluded in any case, thus also in the case of a cancellation of at least 90 days before the date of the event or the day of arrival.

10. Postponement of the date by the organiser

10.1. Unless otherwise stipulated subsequently, the postponement of an event or group trip (date, room contingent, location) shall be deemed to be a withdrawal by the organizer with the resulting legal consequences (cancellation fee).

10.2. If the hotel has the possibility of a date and if it is possible to postpone the date up to a maximum of 8 months after the originally fixed date, the organiser is obliged to pay the following deviating cancellation rates if such a change of date is agreed:

20% of the originally agreed accommodation turnover(for rooms),

50% of the originally agreed room rent (for conference, banquet and other event rooms).

In addition to the cancellation fee, the organizer is also obliged to charge third parties (e.g. B. Suppliers, tape, custom-made products etc. , which cannot be reinstated due to scheduling reasons) to be paid in full.

10.3. In the event of postponement, the organizer is obliged to pay a deposit of 80% of the total event or group travel fee within 21 days of receipt of the written confirmation of the hotel’s postponement in addition to the cancellation fee. The postponement to another season may lead to a fee increase compared to the fee agreed for the original date.

10.4. The organiser cannot derive any special agreements made between the organiser and the hotel for reasons of goodwill with regard to the postponement of an event or group trip with regard to the postponement of an event or group trip.

11. Change in the number of participants and event times

11.1. The contractually agreed number of participants shall apply. The organizer is obliged to inform the hotel immediately of any changes to the number of participants. In the event of deviations of more than 15%, the hotel is entitled to withdraw from the contract. In this case, the organizer undertakes to pay the correspondingcancellation fee applicable at the timeof notification.

11.2. At least 14 working days before the start of the event, the organizer must inform the hotel in writing of the final number of participants. This number of persons is considered to be the basis for calculating the fee for the services of the hotel.

11.3. If the final number of participants is exceeded, the actual number of participants will be calculated.

11.4. The hotel reserves the right to provide premises other than those contractually agreed for the organisation of the event if the provision of another room is reasonable for the organiser, taking into account the interests of the hotels.

11.5. If the agreed start and end times of the event are postponed without the prior written consent of the hotels, the hotel is entitled to charge the organizer for the additional costs it has to bear in carrying out its operations.

12. Beverage calculation

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

13. Food and drinks brought by the organizer

13.1. The bringing of food and drinks requires the express written consent of the hotel. On the part of the hotel, a flat fee can be charged for this.

14. Engineering work

14.1. If technical work by external companies is required for the event, the hotel will charge the organizer for the costs incurred.

15. Music

15.1. Should the organizer plan an event with a musical performance, he is obliged to inform the hotel of the details in good time. The necessary registration regarding AKM and entertainment tax must be made in good time by the organizer. The organizer undertakes to send the confirmed forms to the hotel no later than one week before the event. In any case, the hotel here is to be indemnified and indemnified in all respects against claims of third parties.

16. Decoration

16.1. The organizer is obliged to inform the hotel of the intended attachment of decorative material or other decorative objects and to obtain the written permission of the hotel for this; the installation or installation must be carried out by specialist personnel and all fire regulations must also be complied with. The event rooms must not be damaged. All costs incurred by the production and dismantling of decoration material shall be borne by the organizer.

17. Room rent

17.1. Agreed room rentals exclusively cover the provision of the rented premises as well as the agreed furniture. Any further provision or services provided by the hotel shall be remunerated separately.

18. Liability of the organizer

18.1. The organizer is liable for damage caused by its guests, employees or agents. If necessary, the hotel will require the organizer to take out suitable insurance.

18.2. If the hotel procures technical and other equipment from third parties at the instigation of the organizer, it acts exclusively in the name, in power of attorney and for the account of the organizer. The organizer is liable to the third party for the careful treatment and proper return of the facilities. it indemnifies the hotel against all claims of third parties arising from the provision of the furnishings

19. Liability of the hotel

19. 1. The hotel is liable for damages suffered by a guest if the damage occurred within the scope of the operation and the hotel or persons for whom it is responsible is at fault. However, liability for property damage caused by slight negligence is excluded.

19.2. The hotel is liable in accordance with the statutory provisions (§§ 970 ff ABGB) for the items brought in by the admitted guests, unless the hotel proves that the damage was neither caused by the hotel or one of its employees, nor by third parties, leaving and entering the house. This liability only exists if the items have been handed over to the hotel or the persons authorized by the hotel or have been brought to a place instructed by them or designated for this purpose. It is limited to Euro 1.100,00, unless the items have been handed over to the hotel especially for storage or the damage was not caused by the hotel or its employees. For valuables, money and securities, the hotel is only liable up to a maximum amount of Euro 550.00 and for any further damage only if it has taken these items for storage in knowledge of their nature or the damage was caused by the hotel or its employees. The safekeeping of valuables, money and securities may be refused if they are much more valuable items than guests of the hotel usually give in custody. Thelimitation ofliabilityin accordance with point 19.1 also applies in connection with liability for items brought in.

19.3. The use of the underground car park and the ski cellar in the house is at the guest’s own risk. The hotel is not liable for theft of the vehicle brought in, nor for theft of objects from vehicles brought in. The hotel is not liable for damage to vehicles that have been installed. The hotel assumes no liability for damage caused by weather-related influences (such as rain, melting water or flooding) e.g., in the underground car park.

19.4. The hotel is not liable for theft or other loss of ski equipment that has not been locked with the intended device.

20. Termination by the hotel

20.1. The hotel is entitled to terminate the contractual relationship at any time if the event or group trip endangers the smooth running of business, the reputation and security of the hotel is endangered, agreed on-account payments do not arrive at the hotel on time and/or in the event of force majeure. In such a case (except in the case of force majeure), the hotel shall in any case be indemnified and held harmless.

21. Services, prices, payment, offsetting

21.1. All prices are inclusive of all taxes and duties (except the statutory local tax of the respective hotel location) and are valid until revoked.

21.2. The hotel is obliged to provide the services ordered by the organizer and promised by the hotel.

21.3. The organizer is obliged to pay the agreed or usual prices of the hotel for these and other services used. This also applies to services and expenses of the hotel to third parties initiated by him, in particular also to claims of copyright collecting societies. In addition, the organizer is liable for the payment of all food and drinks ordered by the event participants or guests as well as other costs incurred by the event participants or guests. This also applies if guests have been booked in as “self-payers”.

21.4. The agreed prices include the respective statutory turnover taxand can be adjusted according to a change. If the period between the conclusion of the contract and the event or the day of arrival exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but not by more than 5%.

21.5. Invoices of the hotel without a due date are payable without deduction within 14 days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 9.2% annually-points above the base interest rate or if the organizer is not responsible for the delay or is a consumer, to charge 4% annually. The hotel reserves the right to prove higher damages.

21.6. For payments with cashless payment systems (e.g., credit or debit cards) over € 5,000, –, the hotel will charge the organizer for the additional costs incurred (discount rates) with a lump sum of 5% of the invoice amount. This amount can also be invoiced retrospectively and separately.

21.7. The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

21.8. The organizer can only offset against a claim of the hotel in the event of the insolvency of the hotel or with a recognized, court-determined claim or a claim in legal connection with the liability of the organizer.

22. Place of jurisdiction

22.1. The exclusive place of jurisdiction for mutual business transactions is the Regional Court of Innsbruck. In addition, the hotel is entitled to assert claims with any other factually and locally competent court. If the organizer is a consumer with domicile or habitual residence in Austria, lawsuits against the organizer can only be brought before the court competent for the domicile, habitual residence or place of employment of the organizer. If the organiser is a consumer domiciled in another member state of the EEA or Switzerland, the court with territorial and material jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against consumers.

23. Place of performance

23.1. The place of performance is the location of the hotel.

24. Law

24.1. Austrian law shall apply exclusively, to the exclusion of the conflict of law rules of private international law.

25. Written form

25.1. Declarations by one party that are transmitted to the other party in e-mail form or in text form as attachments (such as PDF files) to e-mails or by fax shall also be deemed to be written (written form).

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