TERMS AND CONDITIONS NOVOMATIC FORUM
HTM Hotel und Tourismus Management GmbH, Wiener Straße 158, 2352 Gumpoldskirchen and Friedrichstraße 7, 1010 Wien and Friedrichstrasse 7, 1010 Wien [Vienna], as lessee of the venue with rights of use HTM and Partner of the Promoter, is hereinafter referred to in brief as “HTM”.
1. These Terms and Conditions apply as amended to all events (exhibitions, demonstrations, seminars, etc.) held on the premises of HTM, and are acknowledged by the Promoter through reservation of the associated premises for an event. The Promoter shall comply with these conditions and any relevant trade and event regulations and rules, and through its signature assumes liability for their compliance.
2. Contractual arrangements and agreements deviating from the Terms and Conditions must be in written form to take effect.
Conclusion of the Contract
3. The authorized representative bodies HTM Hotel und Tourismus Management GmbH, Wiener Sraße 158, 2352 Gumpoldskirchen and Friedrichstrasse 7, 1010 Wien [Vienna], hereby submit an estimate to the relevant Partner. The Partner has the option to accept or reject it in writing within 21 days from the date of this estimate (via mail, fax, and email). After expiration of an unused 21-day deadline, the estimate on the part of HTM shall be deemed to have been withdrawn and becomes invalid.
4. The contract shall be deemed concluded upon the date of mutual signing of the estimate by the Parties.
5. The Promoter will have the right to joint use of the common entrances and to exclusive use of the stipulated premises (leased space) with the previously agreed furnishings for the conduct of the event. The Promoter is entitled to the main and supplementary services set out in the estimate. Supplementary services are provided by prior special agreement only, subject to availability.
6. The rental price of the premises includes heating, basic lighting and any ventilation systems, basic furnishings.
7. If technical services of a third party are required for the event, especially for sound and light, HTM will pass on the costs incurred to the Promoter. These will be listed in the estimate submitted to the Promoter. If the Promoter is planning an event with a musical or dance performance, it is obliged to provide HTM with corresponding details in due course. Generally, the Promoter is obliged to give notice of its planned event prior to the conclusion of the contract and record it in the contract.
8. The premises rented are not deemed to have been vacated until the last user, delegate or visitor has left. Any use of the premises above and beyond the agreed periods will be billed separately.
9. The personnel required for the implementation of an event, like for example personnel for the wardrobe, event hostesses, as well as inspection and security personnel will be billed separately by HTM.
10. The Promoter has the option of using a catering company to support the event. This can be performed at its option either by the catering service of HTM or by a third party company (cooperation catering partners).
HTM reserves the right to invoice corkage charge for drinks brought on to the premises or for outside catering in the flat rate amount:
for 90 guests EUR 500.00 (five hundred Euros) excl. VAT
For 90 – 140 guests € 750,– (Euro seven hundred and fifty) excl. VAT
up from 140 guests € 1.000,– (Euro one thousand) excl. VAT
11. The storage and/or installation of objects can only take place once the rental period starts. If the Partner should bring objects on the premises prior to the start of the rental period according to a prior agreement with HTM, then HTM is entitled to bill separate storage costs for this purpose. In case of loss, any storage of objects related to the event preceding or subsequent to any insurance policy period shall be the Promoter’s liability, not HTM’s.
12. The Promoter is obliged to inform HTM of the proposed affixing of decorations or other items of decoration and to obtain the written approval of HTM; installation or affixing must be performed by qualified personnel under the supervision HTM and must furthermore comply with all fire regulations. The event premises may not be damaged. All costs incurred by the installation and dismantling of decoration material will be charged to the Promoter.
13. HTM requires the number of attendees for all events; however, this number can be adjusted up to 2 (two) days prior to the event up to the maximum number of persons permitted at the respective premises. The maximum number of persons for the following remises equals:
Ballroom and Gallery: 300 persons
Schmid Salon: 90 persons
Aichinger Salon: 50 persons
Salon Privé: 30 persons
The number of attendees must be stipulated at the time of booking and is subject to agreement with HTM as part of the event contract.
Billing, Payment Terms
14. All prices quoted are exclusive of VAT and are valid until further notice. Refund complaints regarding invoiced services will only be entertained if received within 14 days of invoice receipt.
15. As agreed, HTM is entitled to require a down payment upon conclusion of the contract in the amount of 50% of the rental fee for the premises including other services exclusive of VAT.
16. The Promoter is responsible for paying official fees arising from this rental contract and to ensure their payment as required. HTM shall be indemnified from corresponding claims by the Promoter.
17. The invoice will be sent immediately after the event. HTM will complete the final invoice for rental and supplementary service fees plus VAT. The amount invoiced is due and payable within 14 (fourteen) days from date of invoice.
18. For late payments after invoicing, interest will be charged to the Promoter in the amount of 12% p.a.
19. The transfer of rights and obligations under this contract by the Promoter to third parties requires the prior express consent of HTM. HTM is entitled to transfer this contract in whole or in part to the affiliated companies of its parent company. This shall be notified immediately to the Promoter.
20. The Promoter is not entitled to set off its own claims, regardless of their nature, against claims of HTM for payment of fees due.
Rescission of the Contract
21. HTM is entitled to rescind the contract if:
a) The Promoter is in default with its financial obligations;
b) The required official permits have not been submitted to HTM or have not been issued or if the authorities prohibit the event. The necessary applications (AKM [Austrian Copyright Society],
payment of entertainment tax) must be made in a timely fashion;
c) The Promoter does not submit the original documents expressly requested by HTM in a timely fashion (e.g., insurance policy);
d) HTM becomes aware of the fact that the planned event would contravene the agreements, violate existing legal provisions, constitute a disturbance of public peace, order and security, or a threat to the smooth running of business operations or the reputation or the safety of the
e) HTM is forced due to force majeure or other circumstances beyond the control of HTM to close and/or to vacate one or more areas of the event or even the entire event area for limited or extended periods;
f) Bankruptcy or composition proceedings are instituted against the Partner’s assets.
22. HTM reserves the right to rescind the contract for any reason up to 8 (eight) weeks before the start of the event. In this case, the Promoter shall not be permitted to charge fees or expenses incurred by the Promoter HTM nor to demand corresponding compensation. HTM must give written notice of rescission in due time.
23. In the event of cancellation of the contract by the Promoter up to 8 (eight) weeks before the event, HTM will not charge any fees. If cancellation take place up to 4 (four) weeks before the event, 50% of the booked service will be charged; for cancellations up to 2 (two) weeks before: 75%, and within 2 (two) weeks: 100% of the total services. In addition, HTM must be compensated for all incurred costs and expenses. Legal action to mitigate the amount of the cancellation fee is excluded by mutual agreement of the Parties.
24. In cases under Item 5, the Promoter waives the assertion of claims against HTM on any grounds whatsoever.
25. The Promoter shall lease the premises designated in the estimate for the event it specifies.
26. The Promoter shall comply with the applicable regulations for its intended use without being requested and be in possession of permits not later than 1 (one) week prior to the event or furnish proof that it has applied for such permits. HTM is entitled to verify the fulfillment of the event requirements and to immediately rescind the contract in the event of an unrectifiable defect or if the requirements have not been met within the aforementioned period.
27. The event may only be carried out in the contractually agreed form and manner. The instructions of the responsible personnel HTM must be followed. The Promoter has no direct authority over employees of HTM. The Promoter shall ensure that the persons present on the premises of HTM in connection with its event shall comply with the agreements and treat the furnishings with due care and use them only for their intended purpose. No highly combustible items (e.g., paper clothing, decorations, spray cans) or objects that do not meet the purpose of the event and the agreements may be brought on to the premises. Coats, etc. shall be deposited in the cloakroom. HTM is entitled to carry out inspections and to have items removed. Exhibits may only be installed so that in particular no danger of fire or other hazards to persons result. Hallways, staircases, escape routes, emergency exits, emergency lighting and fire extinguishers may not be obstructed or obscured. In the event of violations of these provisions, Novomatic Forum is entitled to immediately rescind the contract and even to interrupt an event in progress. Violators may be ejected from the premises.
28. Written, graphical or other signage referring to HTM (for example using logos, trademarks, pictorial images) and the venue as well as the program must be coordinated with HTM before going to press and require the written approval of HTM. They may only include designations or other descriptions of the event contained in the estimate or agreed to in writing. In the event of non-compliance, the display of such materials may be prohibited, and they may be removed at the expense of the Promoter and compensation be demanded.
29. The Promoter acknowledges the well-displayed and permanent separation of HTM into smoking and non-smoking areas. The Promoter further acknowledges that smoking is prohibited in the nonsmoking areas and will also ensure that this order is respected during the event and the installation and dismantling periods of the event.
30. Alterations to the furnishings, new installations or modifications of the technical installations of any kind are allowed only after consultation with and consent by HTM.
31. Provisional wiring and installations that are set up by the Promoter must comply with applicable regulations. Installation and removal costs are borne exclusively by the Promoter. Upon request of HTM at any time, properly trained persons and entrepreneurs designated by it are to be commissioned with the performance of these services at the expense of the Promoter. The premises must be vacated by the end of the lease period. If the premises are not vacated in a timely fashion, they may be cleared and goods placed in storage by HTM at the expense of the Promoter.
32. The delivery of goods, advertising, food, flowers, etc. may take place only in agreement with HTM. Catering services must be provided by contractors of HTM or by third-party contractors. Bringing food and beverages on to the premises is prohibited. Professional photography requires the approval of HTM and is allowed only after consultation with HTM. Without the consent of HTM, professional photography or filming is likewise prohibited. Professional photography and filming or any other professional and artistic activities for remuneration always require prior separate agreement with HTM and may be charged separately.
33. Registration and payments to AKM (Austrian Copyright Society) and all other official taxes and fees are the sole responsibility of the Promoter. Sound and other recordings, in particular by ORF (Austrian Broadcasting Company) or other television and radio stations, require the prior written consent of HTM. HTM reserves the right to make recordings and records conditional upon payment of additional charges by the Promoter; such financial compensation is subject to negotiation on a case-by-case basis.
34. HTM is entitled to visibly dispose a Novomatic roll up display banner in booked premises regardless the kind of events.
35. The office and opening hours of HTM must be adhered to. These will be made known to the Promoter.
36. The Partner or Promoter is liable to HTM for compliance with all contract provisions and shall indemnify and hold HTM harmless.
37. If an event is in any kind sponsored and/or supported, for example by reducing or dispensing the rent or alike, by HTM and/or any other company of Novomatic AG, HTM is entitled to use films and fotographs of this event in all its advertising media (online and print). These films and photographs are taken by fotographers/film teams provided or mandated by
38. HTM and will display in particular artists performing during the event as well as other personalities (for example company representatives).
Liability of the Promoter
39. Multiple Promoters are liable jointly and severally.
40. The Promoter is liable for compliance with the agreements, including by third parties and the good conduct of all persons entering the premises in connection with its event and for any willful damage and soiling caused by these persons, in particular for damage caused by infringement of the relevant local, building, fire, trade licensing, event and other regulations applying to exhibitors and promoters. HTM shall be indemnified and held harmless by the Partner in respect of all of the above. Repair costs and other expenses will be billed separately. The Partner will bear the entire risk associated with the event conducted by it, including risks associated with the preparation of installation, the event itself and dismantling. The Partner is liable for all damage resulting in loss to
itself before, during and directly after the event, including consequential damage caused by its contractors, employees or agents, visitors or guests.
This applies in particular to:
a) damage to buildings and inventory arising from the event;
b) damage arising from the carriage of goods into the building, and during assembling and dismantling work;
c) all consequences of exceeding the agreed number of attendees;
d) all losses arising from clearance carried out late or in contravention of the agreement – particularly where these relate to the impossibility of letting facilities or to the partial loss of rental income – including damages for injury to reputation and creditworthiness;
e) all claims HTM that might arise from lack of compliance with the applicable non-smoking policy on the basis of the Tobacco Act (TabakG) as amended.
41. HTM is entitled to require the Promoter to furnish proof of adequate liability insurance. Proof must be provided by presentation of the relevant original insurance policies within 7 days of the request.
42. The Promoter is liable for any loss of furnishings and technical equipment provided. In case of loss the replacement value shall be reimbursed.
43. By accepting the premises and equipment specified by the agreement the Promoter acknowledges that they are handed over in a fit state. Any damage reports shall be made in writing.
44. The Promoter is liable for ensuring that all work performed by it is carried out by competent and appropriately trained persons, and that no damage to property or injury to persons is caused thereby. In particular, it assumes liability for any accidents arising from the event involving its employees or contractors, or persons attending the event. It shall hold harmless and indemnify HTM from claims for damages.
45. The Promoter shall at all times offer any explanations requested by HTM or its representatives and allow full inspection of the event documentation.
46. HTM is entitled, in the event of gross violations of contractual agreements, in particular if warnings are ignored, to terminate the contract immediately at any time. In all cases of the breach or termination of agreements the Promoter shall be liable for the entire cost of the event and the agreed compensation, as well as for any other damages. In cases of damage to property, assessment thereof by a sworn assessor is sufficient basis for a claim for damages.
Liability of HTM
47. HTM bears no liability for goods brought on to the premises by the Promoter or other persons. Liability for visitors’ possessions will not be accepted by HTM if entrusted to or deposited with the cloakroom. The Promoter assumes sole responsibility for the cloakroom and the objects deposited therein. If necessary, the Promoter is obliged to conclude a separate liability insurance for these deposited objects. Proof must be provided by presentation of the relevant original insurance policies within 7 days of the request.
48. The liability of HTM is limited to absolute legal liability.
49. The Promoter shall have no claim to services not contained in the estimate (contract).
Place of Performance and Jurisdiction
50. All agreements shall be construed and interpreted in accordance with the laws of Austria. Place of performance in respect of any liabilities whatsoever arising from any title whatsoever is Vienna. Pursuant to section 104 Austrian Jurisdiction Act, the commercial court in Vienna has jurisdiction in any dispute. However, HTM is entitled to institute proceedings against the Partner in the latter’s jurisdiction.
51. The Promoter may not prevent employees, contractors and agents of HTM or authorized officials from carrying out their duties.
52. All taxes, fees, duties, costs and similar expenses arising from the legal relationship established between the Parties shall be borne by the Promoter. The latter shall be responsible for making the necessary declarations. HTM may, of its own accord, submit all agreements to the authorities.
53. The Promoter shall hold harmless and indemnify HTM for any damage resulting from illegal actions.
54. The Parties may disclose personal data such as name, address, e-mail address and telephone number to each other. Each Party herewith authorizes the other Party to use personal data to the extent permitted by any applicable statutory law (in particular national and international data protection regulations) governing the protection of personal data and necessary for the contractual relationship between HTM and Promoter. Personal data of each Party shall not be disclosed to third parties without prior approval of the concerned party. Each Party can revoke this consent unless the revocation does not conflict with any legal, data protection or data security obligations.
55. All agreements concerning services provided by HTM are legally binding only when set down in writing. Agreements conflicting with these Terms and Conditions or contradictory terms and conditions of the Partner are invalid insofar as such are not expressly agreed to in writing.
56. HTM is entitled to revise these Terms and Conditions. Upon revision, the Promoter shall be promptly notified of the new provisions and by their receipt the Promoter unconditionally acknowledges the revised Terms and Conditions.
57. All documents shall be executed with a corporate signature. In so doing the signatories accept personal liability for adherence to the contractual agreements and for any damage claims arising from invalid signatures or breach of contract.
58. Forthcoming events may not be announced on the premises of HTM until the relevant rental agreements have been legally executed.
59. The HTM is entitled to mention the promoter or the promoter’s event carried out in the HTM as a reference on their website
Version, February 14th 2018