1. General information
OL Betriebs GmbH (hereinafter "OL") with its business address at Wienerbergstrasse 11,1100 Vienna, operates the event location “Thirty Five” in the myhive Twin Towers at Wienerbergstrasse 11.
The following General Terms and Conditions (hereinafter referred to as "GTC") shall be exclusively binding for all present and future business transactions with OL, even if no express reference is made thereto. All GTC of the contracting party are expressly excluded.
Any exemptions from these GTC can only be bindingly agreed upon if the OL accepts these exemptions in writing. Verbal agreements must be in writing to be valid. This also applies to the waiver of this requirement of written form.
The contracting party hereby undertakes to comply with all measures against the spread of Covid-19 effective as at the day of the event. These measures may also change between the day of the conclusion of the contract and the event, but this does not constitute a reason for cancelling the contract. This also applies in the situation that the event is only accessible for vaccinated persons (" The 1-G rule"). Notwithstanding any applicable regulations, the contracting party shall endeavour to ensure that only guests vaccinated against the SARS-CoV-2 virus attend the event. As far as possible, the organising company shall only employ vaccinated staff on site as well.
2. Subject matter / contracting party
The subject matter of the contract is the temporary provision/use of rooms, spaces and furnishings for events at OL’s premises, as well as the provision of the agreed services by the OL and its partners.
The rooms, spaces and furnishings shall be made available and handed over exclusively on the basis of a use agreement. All available rooms, spaces, etc. are to be treated with proper care and attention. It is declared that the premises are not a rental object in the sense of the Tenancy Act (MRG) and therefore only the provisions of this agreement and, subsidiarily, the provisions of the General Civil Code (ABGB) shall apply.
The provision of the rooms, spaces and furnishings for events subject to the Act on the Regulation of Events (Vienna Events Act) is hereby expressly excluded. This includes in particular, but is not limited to, theatre performances of any kind and public shows, performances and amusements within the meaning of § 1 of the Vienna Events Act.
It is arranged that a member of the OL staff or another designated member of the OL staff be on site for the entire duration of the event to supervise the event from an organisational point of view.
The contracting party is the legal entity or natural person with whom the OL concludes a contract for the temporary use of rooms, spaces and furnishings as well as for the provision of services by the OL in the course of an event at ThirtyFive.
3. Conclusion of Contract
The OL is to provide the contracting party with a contract containing all services, payment terms and cancellation fees. The contract shall be deemed concluded when the contracting party returns the signed contract to the OL.
4. Prices
All prices are exclusive of value added tax (VAT), unless otherwise agreed in writing.
The contracted remuneration shall include all services of the OL agreed upon in the last valid offer.
Additional services shall be included in the final invoice.
Beverages shall be invoiced according to the actual consumption, unless a flat rate has been agreed upon in the last valid offer.
5. Payment Methods
A deposit of 75 % of the total agreed order value shall be paid.
A final invoice of the total services of the OL shall be submitted after the event. The invoice amount is due for payment within 14 days of the invoice date without any deduction. The timely payment of the down payments stipulated in the contract is an essential part of the fulfilment of the contract.
The OL may make the execution of the event conditional upon the payment of a deposit in the amount of the expected invoice amount. If the deposit is not paid at the latest 14 days before the date of the planned event, the OL may withdraw from the contract and is exempted from the provision of all services.
Credit cards are not accepted by OL.
6. Cancellation fees
Unless the regulations on cancellation are individually agreed upon with the contracting party, the following conditions apply to all bookings:
1. Cancellations up to 8 weeks prior to the day of the event: 50% of the total order amount plus 25% of the expected beverage turnover.
2. Cancellations up to 4 weeks prior to the day of the event: 75% of the total order amount plus 50% of the expected beverage turnover.
3. Cancellations within 4 weeks prior to the day of the event 100% of the total order amount plus 100% of the expected beverage turnover.
The expected beverage turnover is calculated based on the number of persons stated in the last valid offer.
The assumed beverage consumption for a day event is € 18,- plus VAT and the consumption for an evening event is € 35,- plus VAT and shall serve as the basis for the cancellation fees.
Deviations from these cancellation regulations are only possible by written regulation in the contract. The cancellation fees are not subject to judicial moderation.
The user may postpone the event to another date free of charge up to 14 working days prior to the day of the event at the latest if the fulfilment of the contract is impossible due to force majeure (in particular coronavirus) or if the event is prohibited by the authorities.
In this case, the OL Betriebs GmbH agrees to a cost-free rescheduling to another date within 12 months without applying the cancellation conditions.
7. Liability
OL warrants for the performance of services in accordance with the agreement and shall only be liable for material damage caused by OL, its employees or its vicarious agents intentionally or by gross negligence. The liability for personal injury remains unaffected.
OL shall not be liable for damaged, lost or stolen items brought into the event premises by the contracting party, its employees, its agents or other third parties hired by the contracting party, visitors and guests before or during the event (exception: cloakroom storage, insofar as this is operated by employees of the OL).
The contracting party shall bear the entire risk of the event, including preparations, set-up, implementation of the event and disassembly. They shall be liable for all damage and also consequential damage caused by them or persons commissioned and/or employed by them, visitors and/or guests at their event, to whose detriment soever.
The contracting party shall in any case be liable within the scope of statutory liability for all damage to the building, inventory and furnishings.
The contracting party undertakes to fully indemnify OL with regard to all damages and to hold it harmless. Damage shall be repaired by the contracting party themselves, if possible, in agreement with OL, within an immediate period after the event. If this is not possible, they shall be remedied by OL at the organiser's expense.
8. Insurance
The contracting party shall take up event liability insurance for the use of the premises for each event and to present this upon request prior to the commencement of use.
The event liability insurance can be concluded through OL.
The contracting party shall be liable to OL for damages incurred in connection with the use of the premises.
When the premises are taken over for use, as well as after the end of use, a joint inspection shall be carried out between the contracting party or a representative named by the latter and an authorised employee of OL. Any preliminary or subsequent damage shall be recorded in writing.
In the event of waiver of the joint inspection, the contracting party shall forfeit all claims to a complaint and shall be obliged to accept the preliminary or subsequent damage to the premises recorded in writing by OL.
9. Withdrawal from the contract and early termination of the contract
If necessary, OL can withdraw from the contract after a reasonable grace period, provided that:
- the contracting party fails to make the agreed payments in due time;
- the contracting party fails to submit officially required permits (e.g. obligatory registration with the municipal authorities by the organiser) in due time or the authorities prohibit the event;
- the event contradicts the agreements or the standards of OL, violates legal provisions or if the event is likely to disturb public peace, order and safety;
- the performance of the contract is impossible due to force majeure, such as in particular a strike, natural disasters or other circumstances for which the OL is not responsible.
10. Catering
The catering at ThirtyFive shall be provided by OL's catering partner. It is not permitted to bring and consume own food and beverages.
However, if the contracting party commissions its own external catering company, the latter shall be bound by OL's catering regulations. The contracting party has to notify OL of the catering company at the latest 14 days prior to the event.
11. Order / Guaranteed number of people
In order to guarantee the quality of the event and the food, the number of guests, the planned menu and other important details must be provably announced to the OL at least on Wednesday two calender weeks prior to the event.
OL shall then make all the necessary preparations according to this information. The number of persons indicated also serves as the basis for the final invoice.
12. Data protection
OL processes personal data within the meaning of the EU General Data Protection Regulation in accordance with the respective data protection regulations as amended in its up-to-date version.
OL processes personal data that is necessary for the implementation of pre-contractual measures, as well as for the fulfilment of contractual obligations, in particular the answering of enquiries from the contracting parties, the organisational and technical administration of the event, as well as for accounting and billing purposes.
Personal data shall be transferred to
- service providers, suppliers and other providers (photographers, bands, DJs, presenters, lecturers, etc.).
- public authorities and banks,
- Immofinanz and its group companies
as far as this is necessary for the provision of the agreed services and / or for the fulfilment of legal obligations. Consent to the processing of personal data may be revoked by the contracting party at any time. OL has concluded all agreements in order to comply with the applicable data protection regulations for the transfer, processing and storage of your data.
The contracting party shall have the right to information, data correction and deletion, restriction of processing, data transferability and objection. If the contracting party assumes that the processing of personal data violates the data protection law, it may lodge a complaint with the data protection authority.
The contracting party undertakes to comply with the respective applicable data protection regulations and has to ensure that it is authorised, in particular, to pass on personal data.
OL stores personal data according to the respective legal retention period and/or as long as it is required for the fulfilment of the contract or the contracting party has permitted the storage.
13. Applicable law and place of jurisdiction
These terms and conditions as well as the contract concluded between OL and the contracting party are subject to Austrian law, excluding the reference norms of the Austrian IPRG and the provisions of the UN Sales Convention.
For all disputes arising from or in connection with these GTC as well as with the contract concluded between the OL and the contracting party, the exclusive jurisdiction of the court competent for Vienna, InnereStadt, is agreed upon.
14. The severability clause
Should individual provisions of these GTC be wholly or partially invalid or ineffective, the remaining provisions shall remain legally valid. In the event that individual provisions are invalid or ineffective, OL and the contracting party undertake to replace the invalid or ineffective provisions with provisions that correspond as closely as possible to the content and purpose of the invalid or ineffective provisions.
15. Validity
The above GTC are valid as of August 2018.