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Impacts Catering Wien GmbH
Felmayergasse 2
A-1210 Vienna
Phone 0043 1 402 08 08
Fax 0043 1 402 08 08 808
E-mail office@impactsstaff.at
VAT number ATU 77919102
Company Registration FN 575428v
Court of Registration Handelsgericht Wien (Commercial Court of Vienna)
Authority according to ECG (Austrian E-Commerce Law)
Magistratisches Bezirksamt des 21. Bezirkes
Vienna Chamber of Commerce
Panel of commercial service providers, personnel service provider (personnel leasing)
Trade regulation act
Applicable commercial or professional regulations: Trade regulation act 1994 (Austria), available at http://www.ris.bka.gv.at
Bank details
Bank Erste Bank BLZ 20111
Account number 845 4069 6700
IBAN AT51 2011 1845 4069 6700
BIC GIBAATWWXXX
Disclosure according to § 25 media law
Place of business Vienna
Purpose of business
Personnel leasing, Eventorganisation, Catering, Event Catering
CEO Christian Chytil
Responsible for design and technical implementation
Impacts Catering Wien GmbH
Camilla Bob Khoss & Sascha Stavric
Felmayergasse 2
A-1210 Vienna
Phone 0043 1 402 08 08
E-mail office@impactsstaff.at
GENERAL TERMS OF BUSINESS
§1 GENERAL
1.1.These “General Terms and Conditions” apply exclusively to all transactions between the customer (hereinafter re-ferred to as the client) and Impacts Catering Wien GmbH, Felmayergasse 2, 1210 Vienna (hereinafter referred to as the Contractor). Conflicting terms and conditions of the customer are only effective if they are expressly acknowledged by the contractor in writing. Agreements deviating from or supplementing these “General Terms and Conditions” (herein-after GTC)must be made in writing.
1.1. Should individual provisions of these GTC be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The invalid provision shall be replaced by an effective provision that comes closest to its meaning and purpose.
1.2. If special agreements are made between the contracting parties in the contract (offer) that contradict individual points of these General Terms and Conditions (GTC), these special agreements shall take precedence over the relevant general provisions of these GTC. These special agreements must be made in writing to be effective and do not affect the validity of all other provisions of these GTC.
1.3. The customer acts as a consumer if he purchases goods and services which predominantly serve his private purposes (§ 1 KSchG). If the customer concludes transactions that are part of the operation of his company, he is an entrepreneur in accordance with § 1 KSchG and § 1 UGB.
§2 RANGE OF GOODS
2.1. The extensive range is always subject to seasonal changes. Should individual articles temporarily not be avail-able or available, the contractor reserves the right to exchange them for at least equivalent goods. Of course, the offer is only to be regarded as a proposal, which can be changed in any way desired by the client.
2.2. Due to production conditions, all dishes may contain traces of allergens, nutshells, kernels and the like.
2.3. For buffet events, the following calculation parameters per person are used as standard:
• Starter:~ 80 grams
• Main course:~ 140 grams
• Dessert:~ 100 grams
The determination of the quantities of the individual buffet dishes is the responsibility of the contractor. The quantities of food are compiled on the basis of the experience of the contractor, unless special wishes or requirements have been specified or communicated by the customer when preparing the offer.
2.4. Items that are not in the standard assortment of the contractor and are procured separately from the ac-ceptance of the offer for the customer at his request will be charged 100% in the event of cancellation/omission of the event, regardless of the time at which the announcement of the cancellation/cancellation takes place.
Any outstanding partial services or urgent defects will be made up for or eliminated as soon as possible. If the overall performance is not significantly impaired by this, this does not entitle the customer to refuse acceptance or to termi-nate or withdraw from the contract.
2.5. The offers prepared by the contractor remain the intellectual property of Impacts Catering Wien GmbH. Any other use in any form is to be refrained from, in particular the duplication, distribution and transfer to third parties as well as the making of changes without the express consent of the contractor. By paying the fee, the client only acquires the right of use for the agreed purpose.
2.6. If offers are prepared according to the information provided by the client and his documents, the contractor assumes no liability for the correctness of the information and documents contained therein. Unless their defectiveness and unsuitability is not recognized intentionally or through gross negligence.
§3 ORDER AND DELIVERY
3.1. An order must be placed in writing, stating the name and full (business) address of the client and the invoice recipient.
3.2. A transmission is in writing if it is made by signed document (physically e.g. by letter or electronically e.g. as pdf.), signed fax or by e-mail. If an order is placed orally, a written copy must be submitted by the customer within the shortest possible period of time or recorded by written confirmation by the contractor.
3.3. An order confirmation is immediately binding for the customer, the last offer applies. Only with written confir-mation by the contractor is the placing of the order binding for the contractor.
3.4. If the client and the invoice recipient are not identical, the order must be confirmed by both the client and the invoice recipient. In any case, however, the client and the invoice recipient shall be jointly and severally liable for all outstanding claims or partial claims arising from the present order.
3.5. Subcontractors are determined by the contractor. The liability for services resulting from the subcontractor commissioning shall apply to the contractor in accordance with the statutory provisions. The service providers of the contractor are subject to an initial contact contract and must also be booked subsequently via the contractor. In the case of direct booking of the subcontractor by the customer, claims of the contractor arise in the amount of the usual handling fee. Invoicing shall be carried out by the contractor.
3.6. Changes to the course of the event or the number of participants may result in an adjustment of the agreed price. As soon as the event offer has been confirmed, changes shall only be deemed agreed if these changes have been confirmed in writing by the contractor. All booking changes must be addressed in writing to the relevant project man-ager. If these are only announced verbally, e.g. by telephone, these changes are only binding for the contractor with written confirmation or actual compliance.
3.8. In order to ensure a smooth running of the event, an announcement of the desired offer changes as well as the final number of guests is required as soon as possible. Unless otherwise agreed in writing, the number of guests must be fixed by the client in writing no later than 2 weeks before the event. This number is considered a guaranteed mini-mum number, which will be charged in any case.
3.9. In the event of an upward change in the number of guests, the contractor will try to cover the corresponding additional requirements to the best of his knowledge and belief when notifying the client less than 7 working days before the event. Any additional costs incurred as a result shall be borne by the client.
3.10. The client undertakes to transmit an exact course of the event to his contact person at the contractor no later than 7 working days before the event, otherwise the desired course of events cannot be guaranteed.
3.11. In order to guarantee the quality of the food, the final number of people, the meal planning and all other important details must be announced at least 14 working days before the event. For changes announced within 72 hours before the event, the contractor is entitled to serve alternatives or make other adjustments, e.g. more staff or the like. The costs for this shall be borne in full by the client.
3.12. Promised deadlines shall only be met by the contractor under the condition of normal operation. Strikes, cases of force majeure, official event prohibitions, operational disruptions of any kind, such as power disruptions, release the contractor from the assumed obligations.
3.13. Insofar as the contractor concludes contracts for the execution of an event with third parties, such a contract shall be concluded with power of attorney in the name and at the expense of the client. This applies in particular to the rental of rooms, the conclusion of contracts in the catering sector, as well as the conclusion of contracts with suppliers in the event sector. The costs and contractual responsibility for such contracts shall be borne by the client.
3.14. Any complaints about the event must be announced by the client immediately (if possible on site), but at the latest within 2 days after the event. Otherwise, the service shall be deemed accepted by the client. The contractor assumes no liability for improper storage of food, beverages and equipment by the customer.
3.15. Technical changes to the products, misprints and errors are reserved.
3.16. The duty of care for rented items is incumbent on the customer from the time of acceptance until the restitu-tion. Any damage or loss is the responsibility of the client.
3.17. All materials and items delivered by the Contractor, with the exception of food and beverages, shall remain the property of the Contractor and shall only be provided on loan or rental. The contractor assumes no liability for the inventory provided by the client or by third parties.
3.18. The products, goods and equipment of the contractor always travel at the expense and risk of the customer.
3.19. The client or the persons notified by him are free to check the quality and quantity of the delivered goods upon delivery, but no later than 2 hours before the start of the event. Any complaints in this regard must be recorded in writing without exception and the document must be signed by both the person responsible for the contractor and the person responsible for the client, otherwise the delivery shall be deemed to have been accepted by the client.
3.20. The customer has no right of retention of any kind to items and objects provided or brought in.
3.21. The costs incurred due to replacement deliveries, higher personnel requirements, food and beverage adapta-tions, which are necessary for a smooth process before and during the event, as well as costs incurred due to an exten-sion of the event, are to be borne by the client.
3.22. The operating costs incurred for the preparation/follow-up and execution of the event, such as electricity, gas, water, sewage, heating, air conditioning, rental of equipment, etc., shall be borne entirely by the client. A further charg-ing of operating costs to the contractor is excluded.
3.23. Any rent/lease or transfer claims for locations that are intended or necessary for the holding and handling of the event shall be borne by the client. An offsetting of rental costs to the contractor is excluded.
§4 PRICES
4.4. The offer prices are only valid if the order remains unchanged. Cost estimates from the contractor are non-binding, the contractor reserves the right to reject inquiries even after the offer has been submitted.
4.5. The binding effect of the offer ends 14 days after receipt of the offer copy, but no later than 5 working days before the day of the event. If it is not possible to place an order within this period, an extension of the commitment period can be made by mutual agreement.
4.6. The offer prices are valid for three months from the conclusion of the contract. After expiry of these three months, the contractor is entitled to pass on the price increases of the manufacturers or suppliers or wage increases to the customer. The client only has the right to withdraw from the contract if the adjusted price exceeds the price by more than 15% at the time of conclusion of the contract.
4.7. If the commencement or continuation of the provision of services is delayed for reasons for which the contrac-tor is not responsible, he shall be entitled to charge separately for the additional expenses incurred as a result.
4.8. The prices quoted, in particular all-inclusive prices, refer exclusively to services listed in the offer. In particular, the rental of event rooms, tents or similar space creation measures are not included in the offer amount, unless ex-pressly mentioned in the offer. The same applies to any ancillary costs associated with the premises, such as advance payments to local catering companies.
4.9. The contractor reserves the right to charge 10% of the offer amount for the preparation of the offer to the client in the event of non-placement of the order or if the order cannot be carried out.
§5 YOUTH PROTECTION REGULATIONS
The client must familiarize himself with all youth protection regulations and legal framework conditions. The supervision of minors during an event is not the responsibility of the contractor.
§6 CANCELLATION CONDITIONS AND CANCELLATION OF THE EVENT
6.1. Cancellation of the event6.1.1. If the event is cancelled by the client, cancelled for reasons for which the client is responsible or if the client withdraws from the contract, the contractor shall receive the following cancellation fee upon notification of the cancel-lation:
• in case of cancellation from order placement up to 30 days before the event, 10 percent of the last valid offer
• in case of cancellation from less than 30 days to 14 days before the event, 50 percent of the last valid offer
• in case of cancellation from less than 14 days to 7 days before the event, 75 percent of the last valid offer
• for cancellations less than 7 days before the event, 100 percent of the last valid offer.
6.1.2. If the client cancels one or more parts of the contract after placing the order or reduces the duration of the contract, this is a partial withdrawal. The client must pay cancellation fees for the parts of the contract covered by the partial withdrawal in accordance with clause 6.1.1.
6.2. Cancellation of the event
6.2.1. An event is cancelled if the event is cancelled due to reasons for which neither party is responsible (force majeure) or cannot be held due to unforeseen events.
6.2.2. Force majeure includes, in particular, serious natural events such as earthquakes, hurricanes, floods and an official prohibition of the event due to health epidemics, war events or terrorism.
6.2.3. The client bears the sole risk and costs of cancelling the event.
6.2.4. The client shall bear the costs for all expenses incurred by the contractor. The calculation of the reimburse-ment of expenses due to the contractor is based on the deadlines and amounts according to clause 6.1. 1. and in each case amount to at least 10% of the last valid offer amount.
6.3. Impossible provision of services
Should the contractor not be able to provide the required equipment, employees, food, beverages etc. , the contractor’s obligation to perform shall lapse.
This is particularly the case if the use of access roads is not possible at a catering event and replacement material cannot be provided in time with economically reasonable effort, so that it is no longer reasonably possible to carry out the event.
However, the customer’s obligation to perform remains unaffected and in full in accordance with clause 6.2.
6.4. The assessment of whether a case of point 6.1., 6.2. or 6.3. exists is measured according to the time and the level of knowledge of receipt of the client’s declaration of intent. An official prohibition issued only after the rejec-tion of the client received by the contractor changes the assessment of the legal consequences of the rejection according to clause. 6.1 or 6.2. nothing.
6.5. In the event of cancellation of a booking confirmed by the contractor or parts thereof, as well as in the event of cancellation of the event, for whatever reason, the client undertakes plus the amount specified in point 6.1.1. or point 6. 2.4 . to pay any costs arising from the preparation, such as the costs for renting equipment, organizing the supporting program (musicians, artists, castle tours) as well as for administrative expenses, etc. in full.
6.6. The event can only be postponed by mutual agreement on another day or time of the event. The client is not entitled to a unilateral postponement of the event.
If no agreement can be reached between the contracting parties, this shall be deemed to be a cancellation of the event in accordance with Sections 6.1 to 6.5 and the associated legal consequences.
The contractor reserves the right to charge the client for the costs of the additional administrative effort (processing fee) but at least 10 percent of the final offer sum for a postponement of the event.
All other costs associated with the postponement, e.g. costs of third parties, cancellation fees, rental costs, costs for food, etc. shall be borne in full by the client.
§7 RIGHT OF WITHDRAWAL OF THE CONTRACTOR
7.1. The contractor is entitled to withdraw from the contract at any time for good cause with immediate effect. In any case, an important reason is
• if the event endangers the smooth business operations of the contractor and/or the safety of employees can no longer be guaranteed;
• if the reputation or safety of the contractor is compromised;
• if the guarantee number is not disclosed;
• in the event of force majeure (point 6.2.);
• if the contractual partner is in default with the payment of one or more partial payments or the payment on account;
• if the circumstances encountered are not suitable for the implementation of the event;
7.2. Under no circumstances is the client entitled to assert claims for damages or other claims for compensation in these or corresponding cases.
§8 TERMS OF PAYMENT
8.1. The following payment methods are valid for offers/orders (unless otherwise agreed):
• 10 percent deposit immediately after placing the order
• 50 percent 30 days before the event
• 100 percent 7 days before the event;
• Difference to the deposit directlyafter the event billing
100% of the offer amount for non-Austrian billing addresses!
Payable promptly upon receipt of invoice net and without deduction.
8.2. The contractor expressly reserves the right to stipulate deviating terms of payment in the offer/contract.
8.3. Before payment of the deposit, the contractor is not obliged to make preparations.
8.4. The client is not entitled to withhold payments due to incomplete performance or complaints.
8.5. For partial invoices, the terms of payment specified for the entire order shall apply analogously.
8.6. Unless otherwise agreed, the contractor shall be entitled to remuneration for each individual service as soon as it has been provided.
8.7. If agreed payment dates are exceeded, the client shall reimburse all dunning and collection costs, as well as other costs arising from the collection of the claim, such as court fees, lawyer’s fees, etc., in full. For the period of default in payment, the contractor is entitled to charge the statutory interest rate or the actual financing expenses of the con-tractor. According to § 1000 ABGB, the interest rate for consumers is 4%, for entrepreneurs the statutory interest rate according to § 456 UGB is 9.2 percentage points above the base interest rate.
8.8. Payments made are always used to settle the oldest claim.
8.9. The acceptance of a new order from the contractor takes place only when any outstanding debts have been settled in full. Furthermore, the contractor is entitled, if the client is in default of payment of an event already carried out, to withdraw from already confirmed new orders or to withhold the service until settlement of the outstanding debt.
§9 INSURANCE AND PERMITS
9.1. Any insurance policies must be taken out by the client himself.
9.2. The procurement of any necessary permits or concessions is the responsibility of the client, otherwise must be agreed in writing. Any legal consequences shall be borne by the client, he will indemnify and hold the contractor com-pletely harmless in the event of a claim.
9.3. If the client is not granted, withdrawn or revoked the permit or concession to carry out the event, this shall be borne by the client and will lead to a cancellation of the event in accordance with clause 6.1.
9.4. However, if the event is subsequently prohibited due to force majeure, this will lead to the cancellation of the event in accordance with Section 6.2. and the associated legal consequences.
9.5. Any special safety precautions, health measures, etc., which are necessary for the execution of the event, will be provided by the client. Should the contractor provide these measures or devices, the client shall bear the costs thereof.
9.6. The client bears the responsibility and the costs for the issuance of special transport permits (night driving ban, drive-through permit, parking lot, etc.). Any legal consequences shall be borne by the client, he will indemnify and hold the contractor completely harmless in the event of a claim.
§10 LIABILITY
10.1. In cases of slight negligence, liability of thecontractor as well as its employees, sublievers or other vicarious agents (“people”) for property or financial losses of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damages due to delay, impossibility, positive breach of contract, fault on conclusion of the contract, due to defective or incomplete performance. The existence of gross negligence must be proven by the injured party. Insofar as the liability of the contractor is excluded or limited, this also applies to the personal liability of its “people”. This exclusion does not apply to personal injury.
10.2. Any liability of the contractor for claims asserted against the customer by third parties on the basis of the service provided by the contractor is expressly excluded if the contractor has fulfilled his obligation to provide information or if such was not recognizable to them, whereby slight negligence does not harm. In particular, the Contractor shall not be liable for legal costs, the Client’s own lawyer’s fees or the costs of pub-lication of judgments as well as for any claims for damages or other claims of third parties; the Client shall indemnify and hold the Contractor harmless in this respect.
10.3. Claims for damages of the client expire six months after knowledge of the damage; but in any case after three years from the infringement act of the contractor.
10.4. Any special safety precautions, health measures, etc., which are necessary for the provision of ser-vices, shall be provided by the client. Should the Agency make these measures or devices available, the contracting authority shall bear the costs thereof.
10.5. All damages caused to or in the premises of the customer or to provided or rented furniture, equipment and premises due to damage, improper use or burglary shall be borne by the customer in full. A claim for compensation against the contractor is excluded.
10.6. In the event that claims are asserted against the Contractor himself due to the provision of services due to misconduct on the part of the Customer, the Customer shall indemnify and hold the Contractor harm-less. The Customer shall compensate the Contractor for all financial and other disadvantages (including immaterial damages) incurred by the Contractor as a result of claims by a third party.
10.7. Damage caused by damage, improper use, theft or burglary or other harmful actions by guests, cus-tomers, employees or contractors of the client or by third parties to things (eg real estate, equipment, equip-ment, furniture, equipment, etc.) of the client or third parties shall be borne by the client. A claim for compen-sation against the agency is excluded.
§11 FINAL PROVISIONS
11.1. The place of jurisdiction for all disputes arising directly and indirectly between the Contractor and the Customer shall be the competent court in Vienna. However, the contractor is also entitled to appeal to another court competent for the client.
11.2. Austrian law shall be deemed to have been agreed. The application of the UN Convention on Contracts for the International Sale of Goods as well as all conflict of laws and reference rules is excluded.
11.3. German is agreed as the contractual language. Should the contractor provide information materials, contracts, terms and conditions, etc. in another language to the client and make it available to the client, this only serves to facilitate comprehensibility – the original documents in German are legally binding and to be used for interpretation.
11.4. The Contractor may contact the Customer in any manner it deems appropriate, preferably by e-mail to the e-mail address that the Customer has disclosed to the Contractor.
11.5. Declarations to be made in writing in accordance with these GTC may – unless otherwise specified – also be made by fax, e-mail or other electronic messaging services.
The translation of our General Terms of Business into English serves only to inform our clients. Only the original German version is binding.