GTC

GENERAL TERMS & CONDITIONS

Below you will find the General Conditions for events in the PALAIS WERTHEIM. The organizer / customer agrees to these conditions. In any case, the organizers own Terms and Conditions are not part of the contract.

 

 

March 2020

 

 

1. Construction and dismantling

The halls can be occupied on the day of the event from 14:00 p.m.(for daily events starting from 07:00 a.m.) and must be “swept clean”  no later than 7:00 a.m. on the following day. The installation of the furniture, which is ordered through Palais Wertheim, is taken over by the team of  Palais Wertheim. Transport (goods, furniture, etc.) must take place by 10 p.m. or on the following day (from 9 a.m. to 11 a.m. at the latest). The seating must be set no later than 1 week before the event. We try to fulfil short-term additional requests during or after completion of the construction, but these may result in additional charges.

 

2. Hall supervision

In the period from the handover of the halls to the organizer until their return to Palais Wertheim, a charge will be made for the Hall Supervisor, also during the construction and dismantling times as well as the delivery times of the caterer. This person is knowledgeable and familiar with the technical facilities and safety precautions in the house.

 

3. Prices

All prices are exclusive of VAT, unless otherwise stated.

 

4. Cleaning & Garbage

The halls have to be handed over “swept clean” by the organizer. When renting catering space (catering kitchen, cold store, bars) these are to be returned clean to Palais Wertheim. In case of non-compliance, the organizer will be charged 500€, - per catering kitchen. The organizer undertakes to dispose of the garbage produced in the course of the event. Disposal in the in-house waste containers of Palais Wertheim is not permitted. If this disposal does not occur, it will be charged to the organizer. This is not relevant for garbage of catering or decoration ordered through Palais Wertheim and included in the contract.

 

5. Safety & Fire Protection

Please note that for safety reasons the specified escape routes must be kept free. There is no smoking throughout Palais Wertheim. Palais Wertheim is suitable for disabled persons requiring wheelchair access.

 

6. Event Law & AKM (Authors, Composers and Music Publishers (Austro Mechana)

According to the Vienna Event Act, certain events are subject to a license or concession license. This registration is the responsibility of the organizer. Further information can be obtained from the event centre of MA 36 of the city of Vienna (event@ma36.wien.gv.at or +43 1 4000-36336). The organizer acknowledges that, for the contractual premises, depending on the seating and other equipment, officially defined maximum limits exist for persons present at one time. The relevant details depend on the equipment of the premises chosen by the organizer and can be requested from Palais Wertheim or the MA 36. The organizer is solely responsible for ensuring that these maximum limits are not exceeded and therefore in this respect keeps Palais Wertheim free of harm and lawsuits.  Events with music or literary performances must be registered with the AKM by the organizer. Further information can be found at www.akm.at. The organizer acknowledges that for events lasting later than 2:00 am, the catering supervisor has to apply for extension of the commercial curfew (up to 6:00 am). All related costs are borne by the organizer.

 

7. House Rules

The organizer acknowledges that the Wertheim Hall, Grey Theater Hall or Canova Hall,  could be manned in the morning for events, as long as an evening event has been rented. In this case, the renter will receive access to Palais Wertheim at the earliest from 14:00. The use of the venue as a nightclub or for clubbing is not   allowed. The organizer acknowledges that visits can take place during the construction of the event.

 

 

8. Compliance with regulatory and regulatory requirements

The organizer is solely responsible for compliance with all applicable legal provisions, official orders and the collection of all necessary permits for the event. These permits must be handed over to Palais Wertheim before the start of the event. Emergency exits and escape routes must always be kept clear throughout the event. The relevant instructions of the staff of Palais Wertheim must be obeyed absolutely and immediately.

 

9. Course of the event, number of participants

The organizer undertakes to hand over a detailed schedule of the event to his contact person at Palais Wertheim at least three working days before the event. This schedule is the basis for all services to be provided by Palais Wertheim. Likewise, the organizer must notify the number of participating persons in writing no later than the third working day before the event. This number applies to all services of Palais Wertheim, billed according to number of persons, as a guaranteed minimum number. Should the actual number of participants be higher than announced, Palais Wertheim cannot guarantee that the required capacities (staff, seating, etc.) are available. If the actual number of participants exceeds the number of persons authorized by the authorities for Palais Wertheim or any of its rooms, the required number of persons may be refused entry.

 

10. Room Rental

Agreed room rentals apply exclusively to the provision of empty rooms. The rental of furniture will be charged according to agreement / offer.

Please note that the discounts in the offer are only granted if the furniture and the sound and lighting system are taken from the Palais Wertheim.

 

11. Insurance

The organizer is obliged to take out sufficient event liability insurance for the entire duration of the event (including preparation and follow-up time) and to show proof of  this to Palais Wertheim without being asked to do so by handing over a copy of the policy. Gross negligence must be covered.

 

12. Restrictions, noise prevention

The organizer acknowledges that the volume limitation of the Wertheim Palace must be observed. The organizer also acknowledges that events can also be held in the other rooms,  in individual cases noise prevention measures and other measures may also be ordered by Palais Wertheim. Because of the neighbourhood (Hotel Imperial Suites), it is imperative that the catering companies, for reasons of noise prevention, make their dismantling after the event (night) only in the Canova Hall. The final removal can take place at the earliest from 8:00 a.m. in the morning. In the event of non-compliance, Palais Wertheim has the right to charge a lump sum of 500€ from the organizer.

 

13. Catering

If the customer decides in favour of catering that is not part of the house, then an instalment for the use of the catering kitchen is to be paid. The caterer commissioned by the organizer requires the prior consent of Palais Wertheim. Furthermore, it must be clarified in advance which premises or technical facilities of Palais Wertheim may be used by the caterer. Palais Wertheim charges for this according to the price list and any extra electricity costs. Likewise, in the case of catering for other guests, the drinks (trade) must be obtained directly from Palais Wertheim. Also to be noted here are the mandatory, fixed drinks partners of Palais Wertheim (Bacardi, Beck, Vöslauer, Red Bull, Maier coffee, Kattus and Laurent Perrier). In case of non-compliance, a lump sum of 3.500€, will be charged to the the organizer. Waste, empty containers, etc., are to be taken by the caterer after the end of the event and disposed of properly. Disposal in the in-house garbage containers of Palais Wertheim is not permitted. It is not allowed to bring any food and drinks for consumption into Palais Wertheim without the prior written consent of Palais Wertheim. Palais Wertheim reserve the right to charge a so-called “corkage fee" for delivered drinks. Unless otherwise agreed, all drinks will be charged according to actual consumption. Opened containers are fully payable.

 

14. Limitation of Liability

Palais Wertheim is liable, as far as the non-mandatory legal provisions do not contradict, with respect to all damages incurred by the organizer only for intent and gross negligence, the latter limited to the amount of the agreed fee.

 

15. Handover

The contractual premises shall be handed over to Palais Wertheim at the agreed time in a proper condition, vacated by the organizer's or its subcontractors, and the removal of any decorative objects brought in, etc.  If this is not done properly or in due time, Palais Wertheim shall be entitled to charge a previously agreed sum to compensate for any failure of subsequent events.  In any case, the organizer is liable for these damages, even when it is not his own fault.

 

16. Service

In the event of a service extending beyond the agreed period of the event, the organizer will be invoiced at hourly rates as per Price List for the service provided by a Palais Wertheim employee.

 

17. Valuables

Valuables such as machines, pictures, cash, etc., which are / will be contributed by the organizer, its subcontractors or by the participants of the events are / is not subject to the liability of Palais Wertheim. In this respect, the organizer is urgently urged to conclude a corresponding insurance. In general, the organizer must ensure that any use of the property or of the building that leads to excessive wear and tear should be avoided.

 

18. Liability of the Organizer

For damage caused by guests, employees or agents of the organizer, the organizer is liable regardless whether the organizer is responsible. The costs, including lost profits, are to be fully reimbursed to Palais Wertheim. When renting furniture, technology and the like from Palais Wertheim, the organizer is liable for damage or loss of the rented property. In the event of force majeure (epidemics & pandemics), the cancellation terms will not be overridden, the organizer is fully liable. The organizer is fully liable for all health damage (injuries, ..) that occurs to the guests of the event during the event. Palais Wertheim strongly recommends that the organizer provide sufficient insurance cover. The organizer must upon acceptance immediately inspect the premises in question for existing damage and, if necessary, immediately inform Palais Wertheim. Damages that are not claimed at the time of take-over shall be deemed to have been caused by the organizer, or if necessary immediate proof be provided by the organizer. Therefore, prior to the start of the event, a visit to the rented premises, where an authorized representative of Palais Wertheim and an authorized representative of the organizer take part, must take place, with a record drawn up. Likewise, after the event has ended, as well as the dismantling, such an inspection, which in turn is attended by the above-named authorized persons, must take place in order to document any possible damage. In general, the organizer must ensure that any use of the property or of the building that leads to excessive wear and tear is omitted. If the organizer obstructs emergency exits without written permission from Palais Wertheim/Palais Berg (e.g. with advertising materials, photo box, decorations, etc.) and this causes damage of any kind, the organizer is fully liable.

 

19. Cleaning

Costs incurred as a result of the removal of any pollution beyond the usual scope caused by the organizer, its employees, contractual partners or guests are charged to the organizer and are due for payment without delay after receipt of the invoice.

 

20. Announcement of companies

The organizer is obligated to inform Palais Wertheim in advance in writing about any companies that are present during the event preparation and handling (suppliers, co-organizers, agencies, etc.). Palais Wertheim is entitled to refuse certain of these companies and to deny them access if there are important reasons (in particular past problems with these companies). In this case, the organizer must make an effort for immediate replacement.

 

21. Termination by Palais Wertheim

Palais Wertheim is entitled to terminate the contractual relationship at any time without observing notice periods and deadlines:

 

1. if the event endangers smooth business operations
2. if the reputation and the safety of the house are endangered
3. in case of force majeure
4. if agreed upon account payments do not arrive punctually.

 

In the case of such a justified termination - except as in point c) in case of force majeure, - the organizer has to pay Palais Wertheim all resulting damages and costs.

 

22. Deposit and Confirmation of the Booking

In order for a binding agreement to be reached, a confirmation of the offer signed by the organizer (or the confirmation per Email from the organizer) on the part of Palais Wertheim is necessary, as well as a transfer of the first payment on account to the amount of 3.500€, - (excluding VAT), when the offer is signed. The remaining amount will be due no later than one week before the event. The organizer will receive separate down payment invoices for payment on account. A down payment (in cash or by bank transfer) is deemed to be the conclusion of a contract, even if the contract itself is not signed. If no contract is signed, the contract name & address which was specified with the down payment is deemed to be the contractual partner. For private events (birthday parties, weddings, etc.) the entire value of the estimated beverage sales must be paid in advance.

 

23. Accounting

Invoices are payable within 10 days of the invoice date. In case of late payment, 12% default interest p.a. will be invoiced. Complaints and invoice changes can be made within 14 days from the invoice date, after which a 6% processing fee will be charged.

 

24. Cancellations of events

The cancellation fees are as follows:

 

• from confirmation (offer or by email) of the event 50% of all agreed services (based on the number of persons requested to date)*
• from 6 months before the start of the event 75% of all agreed services (based on the number of persons requested to date)*
• from 3 months before the start of the event 100% of all agreed services (based on the number of persons requested to date)*
• for bookings in December 100% of all agreed services (based on the number of persons requested to date)*
• If a booking that has already been fixed and confirmed is not to be cancelled, but is to be moved/postponed from a certain date to another date, a one-time payment of € 7.000,- (excl. VAT) is due. For Christmas parties (in December) € 10.500,- (excl. VAT). Dates cannot be moved to December unless the event is moved from December. Appointments that have already been postponed once can no longer be cancelled.

 

The services include all costs listed in the offer (hall rental, technology, final cleaning, furniture & equipment, event management, catering, drinks and technical support), as well as all other separately agreed extra services.

 

If the event cannot take place or should not be allowed due to corona measures by the federal government, the event can be postponed free of charge, but the event cannot be canceled free of charge.

 

* ... at least an amount of € 10.500,00 (per day in the contract, 15,000 during celebrations in December) is used as the basis for the calculation. This minimum amount also serves as the basis of the cancellation fee if the event does not take place (without prior cancellation).

 

Advance payments already made will be taken into account, but not postponement costs if the event has already been postponed once or several times.

 

If the final invoice issued by Schwarzenbergplatz Event GmbH is not paid BEFORE the event, Schwarzenbergplatz Event GmbH has the option of not allowing the event to take place. This would be equivalent to a cancellation and 100% cancellation costs would be due (according to the offer (minimum turnover for the calculation €10,500 (excl. VAT)).

 

25. Advertising material

Advertising material on which the Wertheim Palace is advertised requires the prior written approval of Palais Wertheim. The organizer is liable for all damages incurred in connection with the infringement of rights of third parties (especially copyrights) and in this respect keeps Palais Wertheim free of harm and lawsuits.

 

26. Disclosure to Third Parties

The organizer is not entitled to transfer rights from this agreement to third parties, under whatever legal title, without the prior written and explicit consent of Palais Wertheim.

 

27. Exercise of the House Rights

Palais Wertheim is entitled to expel persons who disturb the event(s) in Palais Wertheim or harass or endanger other guests in the exercise of the House Rights of the building and the property. Dogs and other pets are not allowed in the building unless expressly authorised in writing by Palais Wertheim.

 

28. Price changes

Palais Wertheim expressly reserves the right to increase verifiable costs occurring during the period between tender offer and event (such as wage increases, increase in taxes and duties, increase in costs of suppliers and subcontractors, etc.), and to charge the customer at the same percentile extent. This includes also the beverage list.

 

29. Oral agreements

Oral agreements are not valid as such and must be in writing in order to be legally valid. This applies in particular to the amendment of this provision.

 

30. Jurisdiction, Applicable Law

The exclusive place of jurisdiction is Vienna, Inner City.  Austrian law applies to the exclusion of its international reference standards.