1.1 These General Terms and Conditions do not exclude special agreements. In relation to written special agreements, these General Terms and Conditions shall apply on a subsidiary basis.
1.2 Any terms and conditions of the Contracting Party that deviate from or supplement these General Terms and Conditions shall only be effective if they have been expressly agreed in writing.
“Operator”: The operator of Kavalierhaus, who provides catering to guests in return for payment, rents out rooms and provides related services.
“Guest”: A natural person who makes use of catering services. Guests are generally also Contracting Parties. Persons who receive catering services while accompanying the Contracting Party shall also be considered Guests.
“Contracting Party”: A natural or legal person who enters into a catering/event agreement as a Guest or on behalf of a Guest, or who enters into an agreement as an Event Organiser or on behalf of an Event Organiser.
“Catering Agreement”: The agreement concluded between the Operator and the Contracting Party, the primary purpose of which is the provision of food and beverages and the content of which is regulated in greater detail below. The Catering Agreement may also constitute an Event Agreement. This also includes all catering services provided within or outside the premises of Kavalierhaus.
“Event Organiser”: A natural or legal person who holds an event on the premises of Kavalierhaus.
“Event”: Any event based on a contractual agreement and held in or on the grounds of Kavalierhaus, such as balls, banquets, seminars and similar events.
“Event Agreement”: The agreement concluded between the Operator and the Contracting Party, the primary purpose of which is the rental of premises for events and the provision of related services, and the content of which is regulated in greater detail below. The Event Agreement may also constitute a Catering Agreement.
3.1 The Catering Agreement/Event Agreement is concluded when the Contracting Party accepts the Operator’s offer. By accepting the offer, the Contracting Party acknowledges and agrees to these General Terms and Conditions, which are published and available at www.kavalierhaus.at. Where the offer is accepted by an authorised representative, managing director or authorised agent, that person expressly assumes personal joint and several liability for all fees and out-of-pocket expenses.
3.2 The Operator is entitled to conclude the agreement subject to the condition that the Contracting Party pays a deposit. In this case, the amount of the deposit shall be stated in the offer. Upon acceptance of the offer by the Contracting Party, the deposit shall become due for immediate payment unless a later due date has been agreed in writing.
3.3 The deposit constitutes a partial payment towards the agreed fee.
3.4 If the Contracting Party fails to pay the deposit by the due date, the Operator may withdraw from the agreement without granting an additional period for payment.
3.5 Unless otherwise agreed, offers shall remain valid for a maximum period of 14 calendar days.
3.6 All calculations provided by the Operator are subject to adjustment and are based on the prices applicable at the time of the catering service/event. The Operator is therefore entitled to pass price changes on to the Contracting Party and reserves the right to calculate the final amount based on the prices applicable at the time of the catering service/event.
4.1 Reservations of rooms at Kavalierhaus and agreements concerning other deliveries and catering services become binding when the Contracting Party accepts the Operator’s offer. The Contracting Party undertakes to provide the Operator with their full name or company name, address, email address, where available, and telephone number. By providing an email address, the Contracting Party also agrees to receive information such as newsletters, offers and similar materials.
4.2 The Contracting Party must inform the Operator of the exact and final number of Guests no later than five working days before the agreed date. The number of Guests stated at that time shall be used as the minimum number for invoicing purposes. However, attendance of up to 5% fewer Guests than the originally ordered number shall be permitted without being regarded as a chargeable partial cancellation. If the number of Guests attending exceeds the stated minimum number, the actual number of participants shall be invoiced.
4.3 If the Contracting Party cancels the reservation up to six months before the scheduled date, the Contracting Party shall pay 25% of the lost revenue. In the event of a cancellation or partial cancellation up to three months before the scheduled date, the Contracting Party shall pay 50% of the lost revenue. In the event of a cancellation or partial cancellation up to one month before the scheduled date, the Contracting Party shall pay 100% of the lost revenue. In the event of a later cancellation or partial cancellation, or if the Operator is not informed that all or some of the Guests will not attend on the agreed date, the Contracting Party shall pay 100% of the lost revenue.
4.4 In connection with the COVID-19 pandemic and official orders and measures issued as a result thereof, the following provisions shall apply to reservations in deviation from Section 4.3:
If the Contracting Party cancels the reservation up to three months before the scheduled date, the cancellation shall be free of charge. After that date, a free cancellation shall only be possible if the Operator is unable to provide the services due to an official prohibition.
In the event of a cancellation or partial cancellation from three months before the scheduled date, the Contracting Party shall pay 50% of the expected revenue. In the event of a cancellation or partial cancellation from two months before the scheduled date, the Contracting Party shall pay 75% of the expected revenue. In the event of a cancellation or partial cancellation from one month before the scheduled date, or if the Operator is not informed that all or some of the Guests will not attend on the agreed date, the Contracting Party shall pay 100% of the expected revenue.
It is expressly pointed out that additional statutory and/or official provisions aimed at preventing the spread of COVID-19 may enter into force between the date of reservation and the date of the Event and may prohibit the Event, make it unreasonably difficult to hold or require it to be adapted or postponed.
4.5 An amount of EUR 96.00 per person, based on the number of persons stated in the offer, shall be used as the basis for calculating lost revenue.
5.1 The Operator may provide the Contracting Party or the Guests with suitable alternative rooms if the deviation is minor and objectively justified.
5.2 An objective justification shall exist, for example, if the room or rooms have become unusable, other Guests extend their stay, overbooking has occurred or other important operational measures require such a change.
6.1 By entering into an Event Agreement, the Contracting Party acquires the right to customary use of the rented rooms and the facilities of the establishment that are normally made available to Guests without special conditions, as well as the right to customary service. The Contracting Party shall exercise these rights in accordance with any applicable house rules.
If facilities are unavailable or unusable for technical reasons, the Contracting Party shall not be entitled to a reduction in the agreed fee.
7.1 Following receipt of an invoice, and unless a payment term has been agreed in writing, the Contracting Party is obliged to pay the agreed fee together with any additional amounts arising from separately requested services used by the Contracting Party and/or accompanying Guests or from exceeding the maximum number of Guests, plus statutory value-added tax.
In the event of late payment, the Operator shall be entitled to charge consumers default interest at a rate of 4%, as well as all reminder and collection costs. Interest shall be charged to businesses in accordance with Section 352 of the Austrian Commercial Code. The Operator reserves the right to claim compensation for any additional loss or damage.
7.2 The Operator is not obliged to accept foreign currencies. If payment is made in foreign currencies or by cashless means of payment, the Contracting Party shall bear all associated costs, including enquiries made with credit card companies.
7.3 The Contracting Party and their Guests shall be jointly and severally liable to the Operator for any damage caused by the Contracting Party, a Guest or any other person who receives services from the Operator with the knowledge or consent of the Contracting Party.
8.1 If the Contracting Party refuses to pay the agreed fee or is in arrears, the Operator, in its capacity as lessor, shall have the statutory lien pursuant to Section 1101 of the Austrian Civil Code over items brought onto the premises by the Contracting Party or the Guest.
The lien shall secure the Operator’s claims arising from the Event Agreement, in particular claims relating to room rental, other expenses incurred on behalf of the Contracting Party and any compensation claims of any kind.
8.2 The Operator shall be entitled to issue an invoice or interim invoice for its services at any time.
8.3 The copyright and rights of use relating to photographs produced by the Operator shall belong exclusively to the Operator. At the same time, the Contracting Party agrees that photographs produced and provided by the Contracting Party or by third parties, including photographers, may be used and distributed by the Operator.
The Operator is obliged to provide the agreed services to a standard corresponding to that of its establishment.
10.1 If the Contracting Party is a consumer, the liability of the Operator and its agents for slight negligence shall be excluded, except in cases involving personal injury.
10.2 If the Contracting Party is a business, the liability of the Operator and its agents for slight and gross negligence shall be excluded. In this case, the Contracting Party shall bear the burden of proving fault.
Consequential damage, non-material damage, indirect damage and loss of profit shall not be compensated. In all cases, the amount of compensation shall be limited to the reliance interest.
10.3 The Contracting Party, Guests and Event participants use the outdoor areas at their own risk.
10.4 No liability shall be accepted for vehicles parked on the property or for their contents.
11.1 Animals may only be brought into the establishment with the prior consent of the Operator.
11.2 A Contracting Party bringing an animal onto the premises is obliged to keep the animal properly secured and supervised throughout their stay.
11.3 A Contracting Party or Guest bringing an animal onto the premises declares that they hold appropriate animal liability insurance or private liability insurance covering possible damage caused by animals.
11.4 The Contracting Party and/or their insurer shall be jointly and severally liable to the Operator for any damage caused by animals brought onto the premises. Such damage shall include, in particular, any compensation the Operator is required to pay to third parties.
12.1 If the agreement has been concluded for a fixed period, it shall end upon expiry of that period.
12.2 If the Contracting Party terminates the Event prematurely, the Operator shall be entitled to demand payment of the full agreed fee. The Operator shall deduct any amount obtained by renting the reserved rooms to another party.
A saving shall only be deemed to have been made if, as a result of the Contracting Party’s cancellation, the premises can be rented to other Guests. The Contracting Party shall bear the burden of proving any such saving.
12.3 The Operator shall be entitled to terminate the agreement with immediate effect for good cause, particularly if the Contracting Party or Guest:
12.4 If performance of the agreement becomes impossible due to an event qualifying as force majeure, such as natural disasters, strikes, delivery boycotts, lockouts or official orders, the Operator may terminate the agreement at any time without observing a notice period, unless the agreement is already deemed terminated by law.
Any claims by the Contracting Party for compensation or similar claims shall be excluded.
13.1 Where the Contracting Party acts as the Event Organiser, the Contracting Party is obliged to comply with all statutory, regulatory and official requirements, in particular those relating to trade law, fire safety, copyright and event regulations.
Unless otherwise provided by law, the Event Organiser is obliged to obtain all official permits at their own expense and to comply with all official requirements at their own expense. The Event Organiser shall fully indemnify and hold the Operator harmless against all claims and legal proceedings.
It is expressly pointed out that Sections 112 and 113 of the Austrian Trade Regulation Act, in conjunction with the Salzburg Closing Time Ordinance of 2001, Provincial Law Gazette No. 56/2001, must be observed.
The Event Organiser shall be liable to the Operator, irrespective of fault and on a joint and several basis, for all property damage, personal injury or other disadvantages caused to the Operator, including through breaches of the agreement by the Event Organiser, their employees, subcontractors, Guests or any other persons present on the Operator’s property during or in connection with the Event.
In this context, the Event Organiser shall also be liable for all property damage and personal injury suffered by participants as a result of activities specific to the Event. The Operator shall be fully indemnified and held harmless in this respect.
The Contracting Party shall take out public liability insurance for Events with an appropriate insured amount from an Austrian insurance company and shall provide proof of such insurance to the Operator upon request.
To secure possible claims for damage, the Operator may require the Contracting Party to provide appropriate security at the Event Organiser’s expense, including a deposit or the provision of security personnel.
13.2 Withdrawal by the Operator
The Operator shall be entitled to withdraw from the agreement for good cause by providing immediate written notice, particularly if:
13.3 Food and Beverages Brought onto the Premises
The Contracting Party and/or the Guests may only bring food and beverages to Events with the prior written agreement of the Operator. In such cases, the Operator may charge a service fee.
The Operator accepts no liability for food and/or beverages brought onto the premises, particularly with regard to quality, storage or similar matters.
13.4 Conduct of the Event
Where the Operator procures technical or other equipment from third parties at the request of the Contracting Party, the Operator shall act in the name, under the authority and for the account of the Contracting Party.
The Contracting Party shall be responsible for treating such equipment with due care and returning it properly. The Contracting Party shall indemnify and hold the Operator harmless against all third-party claims arising from the provision of such equipment.
The use of the Event Organiser’s or Contracting Party’s own electrical systems and devices through the Operator’s electricity network requires the Operator’s prior written consent.
The Operator shall endeavour to rectify faults affecting technical or other equipment directly provided by the Operator without delay. The Operator shall not be liable for failures of such equipment, the electricity network or other infrastructure. Claims for compensation arising from such failures shall be excluded.
13.5 Items Brought onto the Premises
Exhibition items and other objects brought onto the premises, including personal belongings, shall remain in the Event rooms and adjoining rooms at the Contracting Party’s own risk.
Items of any kind may only be brought onto the premises following prior agreement between the Contracting Parties. All official regulations must be observed when bringing items onto the premises.
Lighting, sound and other technical equipment may only be installed and operated by the Operator’s own personnel or by appropriately authorised professionals.
The Operator accepts no liability for loss, destruction or damage.
Decorative materials brought onto the premises must comply with fire safety requirements. The Operator shall be entitled, but not obliged, to request official proof of compliance.
To avoid possible damage, the positioning and attachment of decorations or other items must be agreed with the Operator in advance.
Exhibition items and other objects brought onto the premises must be removed by the Contracting Party immediately after the Event. If they are not removed immediately, the Operator may have them removed by a third party at the Contracting Party’s expense or charge room rental for their storage.
Any additional claims shall remain unaffected.
14.1 Product Range
The Operator’s product range is subject to seasonal changes. If individual products are temporarily unavailable, the Operator reserves the right to replace them with equivalent products.
14.2 Complaints
Any complaints must be reported by the Contracting Party immediately, where possible at the place of delivery, and no later than 24 hours after delivery. Otherwise, the service shall be deemed accepted by the Contracting Party.
The Operator accepts no liability for improper storage by the Contracting Party.
Any outstanding partial services or defects reported within the required period shall be remedied as quickly as possible. Provided that they do not materially impair the overall service, they shall not entitle the Contracting Party to refuse acceptance.
14.3 All materials and items delivered by the Operator, with the exception of food and beverages, shall remain the property of the Operator and shall only be provided on loan or rental.
14.4 From the time the service is handed over until the proper return of the items, the Contracting Party shall bear the risk of damage to or loss of any borrowed or rented items.
Any damage, shortages or losses shall be the responsibility of the Contracting Party and may be invoiced separately at the replacement cost.
The return of loaned items, including cutlery, glass racks and crockery, shall be subject to subsequent inspection, as exact shortages, breakages or damage can only be determined after all items have been fully checked.
14.5 The Contracting Party or an authorised representative must be present to accept the services at the time of delivery and collection.
If the Contracting Party is not present, the Operator may, where possible, leave the services, including food, beverages and containers, at the Event location. In such cases, the Contracting Party acknowledges that the delivery was made properly and in full.
The Contracting Party agrees that their personal data, namely their name, address, bank and payment details and the type of catering requested, may be processed for the purpose of performing the Catering Agreement and additionally for advertising and information purposes.
The Contracting Party further agrees that their name, address, bank and payment details may be disclosed to third parties, such as suppliers, for the purpose of providing the catering services.
This consent may be revoked at any time by contacting Tourismusschulen Salzburg GmbH, as the Operator, at Klessheim 2, 5071 Wals, or by email at office@kavalierhaus.at.
[The following wording in the German original is incomplete: “kommende Regelung zu ersetzen.”]
Reference is also made to our information sheet, which is available at www.kavalierhaus.at.
16.1 Any amendments or additions to these General Terms and Conditions must be made in writing in order to be valid.
16.2 The place of performance shall be Salzburg. This agreement shall be governed by Austrian law, excluding the conflict-of-law provisions of the Austrian Private International Law Act and the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
16.3 The court with jurisdiction for the City of Salzburg shall have jurisdiction over all disputes arising from this contractual relationship, unless mandatory statutory provisions provide otherwise.
16.4 The Operator shall be entitled to offset its own claims against claims of the Contracting Party.
The Contracting Party shall not be entitled to offset its own claims against claims of the Operator unless the Operator is insolvent or the Contracting Party’s claim has been legally established by a court or acknowledged by the Operator.
16.5 The invalidity of one or more provisions of these General Terms and Conditions or of the contractual relationship governed by them shall not affect the validity of the remaining provisions.
The Contracting Parties undertake to replace any invalid provision with a valid provision that comes as close as possible to achieving the intended economic and legal result.
Kavalierhaus Klessheim Salzburg
Klessheim 2
5071 Wals-Siezenheim
Austria
Telephone: +43 662 850877
Fax: +43 662 850877-3
Managing Directors: Dr Karl Kitzmüller, Dr Manfred Pammer
Authorised Signatory: Mag. Gabriele Tischler
VAT Identification Number: ATU57366166
Tax Number: 91 053/3447, Salzburg-Stadt Tax Office
Data Processing Register Number: 4010494
Company Register Number: 231968f
Company Register Court: Regional Court of Salzburg
Members of the Management Board:
Managing Director Dr Manfred Pammer
Deputy Managing Director Dr Karl Kitzmüller
Members of the General Assembly:
President KommR Peter Johann Buchmüller
Director Dr Gerd Raspotnig
The sole shareholder of Tourismusschulen Salzburg GmbH is “Verein Tourismusschulen Salzburg” – ZVR.
The sole member of Verein Tourismusschulen Salzburg is the Salzburg Chamber of Commerce.
Klessheim 2
5071 Wals
Austria
Telephone: +43 662 85 08 77 0
Fax: +43 662 85 08 77 3
www.kavalierhaus.at
office@kavalierhaus.at
VAT Identification Number: ATU57366166
Company Register Number: FN 231968f
Company Register Court: Regional Court of Salzburg
Salzburger Sparkasse AG
IBAN: AT40 2011 1501 9275 4301
BIC/SWIFT Code: GIBAATWWXXX
Information pursuant to Section 5 of the Austrian E-Commerce Act
Legal notice pursuant to Section 24 of the Austrian Media Act
Kavalierhaus Klessheim. A company of the Salzburg Chamber of Commerce.
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[The German original ends at this point and does not include a link or any further information.]
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You have the right to withdraw any consent you may have given to the processing of your personal data. The withdrawal of consent shall not affect the lawfulness of processing carried out before the withdrawal.
You have the right to object to the processing of your personal data for direct marketing purposes. In the event of an objection, your personal data will no longer be processed for direct marketing purposes.
You also have the right to lodge a complaint with the supervisory authority:
Austrian Data Protection Authority
Wickenburggasse 8
1080 Vienna
Austria
dsb@dsb.gv.at