TERMS OF SERVICE

 

 

 

 

 

Thermenland Congress Center Loipersdorf GmbH & Co KG

Telephon: +43 3382 20000-7009

E-mail: info@congress-loipersdorf.at 
Internet: www.congress-loipersdorf.at

1. Scope
These terms and conditions apply to all agreements between the Thermenland Congress Center Loipersdorf GmbH & Co KG (hereinafter referred to as TCCL) and the contracting party, unless otherwise agreed in writing.

2. Terms of contract
The rooms and areas in the TCCL will be made available according to the agreements made. They may only be used in accordance with the agreements of the persons entitled to do so and only at the agreed time and exclusively for the specified purpose.

3. Powers
It is assumed that the organizer has the necessary legal powers and licenses to conduct events. Furthermore, the knowledge of all applicable guidelines and guidelines in this context is assumed and used as a basis.

4. Contract object
The rooms, areas and facilities in the TCCL are provided and handed over by the TCCL solely on the basis of the agreement (rental agreement). Any changes to these rooms, facilities etc. require the prior written consent of the TCCL. Attachments of decorations, advertising material etc. on the building object also require the prior written approval of the TCCL.

5. Treatment of the contract object
All provided rooms, areas, facilities, etc. are to be treated properly, carefully and with care. At the end of the agreed time, they shall be returned to the same condition in which they were before use.

6. Transfer of the contract object
The transfer of the contract objects takes place in the course of an inspection in which the contracting party or its authorized representative and a representative of the TCCL are present. Any defects are to be reported immediately upon other, express waiver of the contracting party on their subsequent assertion. The inspection dates must be agreed with the TCCL in good time by the contracting party. These are usually based on the written usage times. That before and after the beginning or end of the construction and dismantling period. Small, technical deviations as well as deviations in shades (decoration, etc.) are not considered defects. In the event of any damage (of any kind such as walls, moldings, floors, pipes, furniture, technical or structural facilities, etc.) this must be reported to the TCCL immediately or the contracting party is informed by the TCCL. The restoration takes place as soon as possible at the expense of the contracting party.

7. Use time
The times of use are determined by mutual agreement between the contracting parties. During this period, the TCCL is open for events for visitors and exhibitors, construction and dismantling works only for exhibitors. Outside these times, the stay in the TCCL is only permitted in justified cases and with the written consent of the TCCL. The TCCL reserves the right to charge the organizer a corresponding fee for any additional provision and operating costs. Before and after the official assembly and dismantling or event times, the premises are only heated to a basic temperature.

8. Access rights
The responsible official bodies, representatives of the authorities and representatives of the TCCL shall be allowed access to the contractual rooms and areas at any time. The TCCL is free to deny access to individuals and groups of persons without reason.

9. Agents
Representatives of the contracting party are deemed to be authorized to accept official instructions or other complaints and statements from the TCCL with binding effect for the contracting party. The names of the authorized representatives are to be specified when concluding the contract.

10. Attendance
During the period of use, the contracting party must ensure that he or a representative is present and always available by telephone.

11. Prices
The price list of the TCCL in the currently valid version at the time of the event is part of the rental agreement. Unless other prices have been agreed with a written offer.

12. Official permits, permits, consignments
The contracting party is obliged to ensure at its own expense that all necessary authorizations and approvals are received in good time. Regulatory requirements must be met immediately at your own expense. The fulfillment of this obligation must be proven. If an official order picking is provided, the contracting party or its authorized representative shall participate. The organizer or an authorized, competent representative must be present at the tour of the authorities (public event) and arrange for the rectification of the deficiencies concerning him reliably and in good time.

13. Duties and fees at events
The contracting party is responsible for registering and paying all fees and charges. If the TCCL is used directly for such payments, the contracting party shall indemnify and hold it harmless. The TCCL is obliged, in accordance with § 15 para. 2 of the Fees Act 1957 in the version of the fee amendment 1976 BGBI Ne. 668/76 of 30.11.76, one percent of the gross invoice amount of the room rent to be collected and paid to the tax office.

14. Oral communications
In the event of imminent danger (eg during an event), the verbal communication to the contract partner or his authorized representative is sufficient. The written confirmation of verbal communications takes place subsequently.

15. Emergency measures
Should the contractual partner or his authorized representative be removed or unreachable before or during the event or in accordance with the contract, the TCCL is entitled to arrange for its appropriate measures to be taken without prior agreement of the contractual partner on its liability, risk and account.

16. Information obligation
The contracting party must provide the TCCL in writing, at least 3 weeks before the event, with detailed information about the type and course of the event.

17th public events
Public events are subject to special event police regulations and regulations. Compliance with these rules is explicitly stated. Control and security staff at major events provides the organizer, but this is coordinated with the TCCL in terms of competence and tasks. Only legally qualified companies may be consulted on control and security services. The TCCL reserves the right to increase the number of security guards required by the event police. This also takes place at the expense of the organizer.

18th event level
The equipment and execution of the event or the activity which serves to achieve the purpose of the contract must correspond to the level and the reputation of the establishment.

19th Extremist Events
Should it turn out at an event - even at short notice - that this is an event with an extremist background, the TCCL has the right to withdraw free of charge and without any consequence of the contract (no time limit applies here).

20. Gastronomic supply
Gastronomic support can only be provided by the TCCL's exclusively authorized catering company. The GENUSSHANDWERK is the exclusive catering partner of the TCCL. With this the appropriate separate agreements have to be made. The administration of self-brought food and drinks is not permitted.

21. In-house equipment
In-house systems may only be operated under the guidance of the in-house technician. Non-domestic equipment / devices must be approved by the TCCL and may only be installed under the supervision of home personnel.

22. Introduction of objects
Anything whatsoever may be brought in only by prior agreement between the contracting parties. Agreement must be reached on the time and manner of delivery as well as any storage. When placing the device, the official regulations must be observed. For objects of all kinds (also machines, devices, etc.) that are brought into the TCCL, the TCCL accepts no liability whatsoever. All dangers are at the expense of the contracting party and this u.a. indemnify and hold the TCCL harmless from any third party claims. A watch is not provided by the TCCL. The TCCL is not liable for removed or stored objects of any kind. Structural changes are generally not permitted. For exhibitions, exhibition buildings, tents and superstructures with an increased proportion of electrical equipment inside the house and on the outdoor area, a standard-compliant electrical certificate (findings) must be submitted before the event starts. When erecting trade fair and exhibition booths, the TCCL must submit a true-to-scale plan demonstrating compliance with escape routes and emergency exits. The plan is released after examination and must be implemented exactly.


23. Guard
The TCCL assumes no liability for the items brought in by the organizer or an exhibitor, in particular, no compensation for damaged or stolen goods is provided. TCCL's supervisory staff are not authorized to accept orders of any kind from the organizer / exhibitor. The TCCL is in no way liable for any orders issued or accepted contrary to this provision. To guard the event, the organizer may issue a security order via the TCCL to a security company selected and approved by the TCCL. The contractual relationship over the watch comes directly between the organizer and the watch company. Liability for any damage is excluded by the TCCL. Company-owned security requires a separate approval by the TCCL. Company-owned guardings, which are before, during and after events on the site, must also comply with the following provisions. The guards must report before entering service. By entering your own name as well as the date and time of arrival in a designated list, your presence must be confirmed. At the end of the guarding period and before leaving the premises, the guards must log off, who in turn also notes the end of the guard in the aforementioned list. The security guards may only stay in the event area where this is necessary to carry out their assignment. Entering and leaving the event area must be done via the shortest and most direct route via the TCCL office. Failure to comply with this requirement, the TCCL assumes that the person encountered unjustifiably on the site and reserves special measures or the removal of the site and the assertion of further claims before.

24. Lost objects
The TCCL is not liable if the contracting party, its employees, agents, visitors or guests lose objects, money or the like during or in connection with events; this also applies to thefts. Property insurance (for example: theft, burglary, vandalism and fire damage) must be completed by the organizers themselves. The TCCL is entitled to carry out personal checks on all persons listed above for the purpose of prevention or proof of possible property offenses.

25. Third-party equipment and machines
The use of equipment and machinery not provided by the TCCL is permitted only with the prior written consent of the TCCL. The organizer must inform himself about the generally accepted rules of technology and the health and safety regulations, all legal, official, professional association and other accident prevention regulations and other safety regulations and observe them, so that users, third parties and construction facilities against their intended use against Dangers of all kinds are protected. In no case may machines and devices without protective equipment be set up or demonstrated. In addition to these general rules, all other applicable special rules and regulations for construction, construction, electrical equipment and technical design of any kind, even if not specifically mentioned here, must be observed. Machines and appliances with internal combustion engines may not be operated in the event rooms. Vehicles with internal combustion engines must not drive into the building with their own power. If machinery and equipment with volatile fuels (gasoline, benzene, LPG and the like) are placed in the event room, their fuel tank must be emptied before introducing it into the room and its filling hole must be closed. The battery should be removed or disconnected. Engine and body must be well cleaned of oil. The lighting, loudspeaker and other technical equipment may only be installed by in-house personnel or by the licensed specialist company approved by the TCCL.

26. Decoration
When using double adhesive tapes for attaching floors, decorations udgl. Only the tapes approved by the TCCL may be used. Decoration parts in the audience area and on the stage must be of low flammability, low smoke and non-dripping according to the Ö-Norm B3800 B1 Q1 TR1. A certificate about the fire behavior is to be submitted on request. Any attachment of lettering, logos, banners, flags and the like should be agreed with the responsible persons of the TCCL. Basically, only materials that can be removed without residue may be used.

27. Floor coverings
For the design of rooms with different floor coverings only self-supporting carpets or boards may be used. The sticking of floor coverings or self-adhesive carpet tiles is prohibited. Only the use of adhesive tapes mentioned in section 26 is permitted, which must be removed without residue after the event by the contractor.

28. Dismantling and removal
The dismantling and removal of the objects introduced must be carried out professionally and be completed or terminated by the contractually agreed date, otherwise TCCL shall be entitled to remove and store all objects brought in, regardless of whose property they are at the expense and risk of the contracting party allow. Packing materials and transport boxes are to be taken out of the house prior to the start of the event. If residual waste, paper, cardboard and other garbage are not removed by the organizer in good time, the TCCL will arrange for this on its account.

29. Waste disposal
Due to the legal regulations, the organizer has to take care of the disposal of garbage of all kinds, which is caused by the holding of events or by the assembly and disassembly. The accruing materials are to be removed from the residual waste by the organizer or a disposal company commissioned by him, taking into account the separation of reusable materials (paper, cardboard, glass, metal, plastic, etc.). If the contracting party does not comply with this obligation, TCCL is entitled to arrange the removal at the expense of the contracting party. This regulation does not apply to waste resulting from gastronomic services of the TCCL house caterer.

30. Cleaning
The regulation regarding a final cleaning of the rented rooms is shown in the respective offer or the respective order confirmation. References to a "usual load" cited refer to the following assumptions: The rented rooms and the associated areas (staircase, foyer, lifts, toilets, etc.) are claimed to the extent that they are subsequently cleaned by a one - time wet cleaning Soil can be made usable again. In addition, necessary cleaning of wall and glass surfaces, furniture, etc. are not included in a normal stress. If the contracting party wishes a basic cleaning, intermediate cleaning or visual cleaning of the rooms or individual objects, he can order a corresponding cleaning at his expense. The cleaning is carried out by the contract cleaning company of the TCCL - the organizer's own cleaning staff is not permitted.

31. Distributing / selling goods or printed matter
The distribution or sale of goods, printed matter, foodstuffs or other items throughout the premises (including open spaces) of the TCCL is permitted only with the express permission of the TCCL. The contracting party has to take care of all necessary official authorizations and is liable for the payment of all taxes (for example taxes, etc.). In case of direct use of the TCCL, the contracting party shall indemnify and hold it harmless.


32. Advertising
The TCCL is to be informed in good time about the intended advertising measures of the contracting party. The contracting party has the rented space available for advertising purposes. The TCCL may issue design rules with regard to the overall picture. Advertising measures outside the rented rooms and areas are only permitted after written approval by the TCCL. The TCCL has the right to prevent unauthorized attached or unauthorized advertising without consulting the contractor and without invoking legal assistance and to remove costs of contracting party. In case of disputes concerning the admissibility of an advertisement, the TCCL decides to exclude legal recourse. The decision of the TCCL is final. The use of the CL logo and the words Congress Loipersdorf requires the express permission of the TCCL management. To announce an event, only the name approved by de TCCL may be used. This is, unless otherwise specified by the TCCL: CONGRESS LOIPERSDORF.

33. Technical faults
For technical disturbances as well as interruptions or disturbances of the power supply (electricity, water, heat etc.), if it is not caused deliberately or grossly negligently by employees and agents of the TCCL, as well as for operational disturbances of any kind, the TCCL assumes no liability.

34. Records and Transfers
For the production and use of sound or film recordings as well as sound recordings, radio and TV recordings, the written approval of the TCCL must be obtained. A recording (sound and / or image) is only possible with the written consent of the contracting party with reference to the legal basis. For music performances using sound and image carriers of all kinds, the reproduction rights are to be acquired by the AKM. The contracting party is obliged by law to apply for the appropriate permit in good time before the start of the event at AKM. In the case of injunctive relief, the contracting party must expect claims for damages according to the copyright law.

35. Parking
Parking around the TCCL is provided free of charge.

36. wardrobe
The installation of the cloakroom will be agreed with the organizer. The cloakroom will be looked after by the TCCL or coatholder on request / need. The resulting costs must be covered by the cloakroom users (cloakroom for a fee) or the organizer. The TCCL provides sufficient insurance for supervised or supervised cloakrooms. In the case of a non-supervised wardrobe no liability on the part of the TCCL is assumed.

37. Deliveries / Shipments
Unallocated goods are not taken over by the TCCL. Goods declared for declared events are taken over by the TCCL, whereby liability on the part of the TCCL is not assumed.

38. Employee
All companies working in the TCCL and working on an order are obliged to comply with the current labor law provisions.


39. Liability
The contractor bears the entire risk of the event carried out by him, including the preparation of the construction, the handling and the dismantling. The contracting party is liable for all damages - including consequential damages - caused by him, persons commissioned or employed by him, by his authorized representatives, as well as by his visitors, guests, to whose detriment whatsoever. This applies in particular to: Damage to the building and inventory as a result of the event, damage to the bringing in of objects as well as construction and dismantling work, all consequences resulting from the exceeding of the agreed maximum number of visitors as well as insufficient filling of the file service, all damages arising from late or breach of contract, in particular also for non-leasing or letting only possible at a lower charge, including compensation for damage to reputation and credit. The contractual partner expressly commits to using qualified personnel. Damage caused by the organizer or the organizer's representative will be documented and rectified by the TCCL. This is done on behalf of the organizer. The instructions of the TCCL staff responsible for the event must be followed at all times. The TCCL is solely liable for damages caused by intent or gross negligence on the part of or by a person for whom it is responsible. The TCCL assumes no liability for accidents affecting users or visitors of the contract objects. It is therefore advisable to take out your own insurance for this claim. The contracting party is obliged to inform itself about the condition of all roads and access roads and to inform the TCCL about possible sources of danger.

40. Accident / Insurance
The TCCL assumes no liability for accidents that affect users or visitors of the contract objects. The contracting party acknowledges that the TCCL has taken out liability insurance for him (organizer liability for personal injury and property damage); these are subject to the insurance conditions in force in Austria. Additional cover requests are to be discussed with the TCCL. In principle, however, there is no insurance cover in this liability insurance for damages that are inflicted on the TCCL. It is therefore advisable to take out your own insurance for this claim.

41. Safety regulations, accident prevention and other legal and regulatory requirements
Smoking is prohibited throughout TCCL!
The contracting party (organizer) is obliged to comply with all legal, official and other applicable accident prevention regulations during assembly and dismantling and during the duration of the event. This includes the safety regulations issued by the TCCL. All official bodies and the regulatory bodies as well as representatives of the TCCL are to be granted access to the events at all times and to follow their instructions. Police, fire brigade and medical service are to be alerted immediately in case of danger. The TCCL is entitled to ensure compliance with the safety regulations at all times. The management of TCCL or their representatives are authorized to arrange the immediate elimination of an irregular condition at the expense of the organizer, as well as to prohibit the non-compliant operation at any time. It may at any time prevent the operation of machinery, equipment, etc. and prohibit its re-commissioning if, at its discretion, its operation constitutes a hazard or damage to the reputation of the TCCL. The organizer is obliged to comply with conditions imposed by public emergency regulations. The organizer is liable for all personal injury, damage to property and pecuniary loss caused by his event and its operation or by his employees and by third parties. As far as local commercial and sanitary permits are required, these must be procured by the organizer in good time before the start of the event and kept ready. The costs of all statutory and official regulations are borne directly by the contracting party.

42. Fire safety regulations
Fire extinguishing, fire alarm and other safety devices must not be installed, over-tightened or adjusted. All corridors in the rooms and the exits must be kept clear and must not be obstructed by construction material, means of transport, components or other objects. This also applies to the emergency exits. Subsequent outdoor areas should also be kept clear at all times. The designated fire brigade zones and the entire area in front of the main entrance are to be kept clear under all circumstances. Open light and fire (candles, tealights, fragrance lamps, etc.) may only be set up with the express permission of the TCCL. Other sources of ignition and gas-powered equipment may not be installed and operated throughout the house. When installing headlamps and other heat sources, make sure that they are sufficiently far away from the fire detectors throughout the house. The assessment of this is done by TCCL technicians. If pyrotechnics, fog machines, hazers and dry ice are used, a separate approval of the TCCL in consultation with the fire department is to obtain. The required shutdown of the fire alarm system requires the presence of organs of the fire department during the event. The costs are borne by the organizer.

43. Visits
The contracting party acknowledges that the TCCL is entitled to carry out inspections in the premises and areas used by the contracting party during the term of the contract, insofar as the purpose of the contract or legitimate interests of the contracting party are not significantly impaired thereby. The contracting party is not entitled to carry out inspections independently, without prior agreement.

44. Commercial exercise
Chargeable, commercial and artistic activities in the TCCL in the context of an event by the organizer or on whose occasion require a separate agreement.

45. Terms of payment / Payment on account / Final settlement
No later than 4 weeks before the start of the event, a payment on account in the amount of 50% of the provisional total amount will be charged as contractually agreed. The invoice amount is due 14 days from receipt of the invoice. At the latest 14 days after the event, the final calculation of the remuneration of rents and fringe benefits plus value added tax in the legal amount applicable at that time takes place. The balance resulting from the credit transfer is due within 14 days of receipt of the invoice or will be refunded by the TCCL to an account designated by the contractual partner.

46. ​​Late payments
In case of any default in payment, the contracting party of the TCCL has default interest of
5% p.a. plus VAT.

47. Resignation from the contract by the TCCL
The TCCL is entitled to withdraw from the contract without notice if: the contracting party with his
financial obligations is in default; the necessary regulatory approvals are not presented to TCCL or are not available or if the authority prohibits the event. In these cases, the contracting party bears any costs or leases. If the TCCL becomes aware that the proposed event is contrary to the agreement, violates existing legal provisions or is likely to disturb public peace, order or security; TCCL is forced by force majeure or any other circumstance to temporarily or permanently close one or more venues or even the entire event space. This also includes usage restrictions in the contracted areas or the additions, which consist of redevelopment or reconstruction measures or by official regulations and requirements. In these cases, the TCCL will seek a substitute solution without recognition of any legal obligation. The assertion of compensation claims is excluded in these cases; bankruptcy or equalization proceedings are opened on the assets of the contracting party; the contracting party is in default of payment for more than 30 days from other contracts.


48. Cancellation / withdrawal from contract by the contracting party
A free cancellation of all booked services is not possible after signing the contract. If the contract is canceled up to 3 months before the start of the event, 70%, in case of cancellation up to 2 months before the start of the event 80%, until 1 month before the start of the event 90% and then 100% respectively of the agreed fee (including value added tax) , In addition, all costs and expenses incurred must be reimbursed to TCCL.

49. Compensation
The contractual partner can not compensate for the contractual obligations with alleged or actual counterclaims.

50. Transfer of rights
Without the written consent of TCCL, the contracting party can not transfer any of its rights (in particular rental rights) or claims, wholly or in part, against payment or free of charge, to third parties or have them exercised by third parties. But even with authorized passing on of rights, etc., the contracting party is liable in addition to the third party for all obligations of the TCCL to the undivided hand.

51. Written from
All agreements must be made in writing in order to be valid.

52. Laesio enormis
Both Contracting Parties waive the objection of infringement above or below half the true value.

53. Fees
All fees resulting from this contract shall be borne by the contracting party.

54. Place of law, place of fulfillment and jurisdiction agreement
All contracts are subject to Austrian law. The place of fulfillment and payment for all - whatever the title - is Loipersdorf. For any disputes, the competent court at the headquarters of the TCCL is agreed.

55. Statute of limitations
Any claims of the contracting party against the TCCL shall be asserted in writing within 6 months after the end of the event, otherwise they shall be deemed barred.

56. Final provision
The eventual invalidity of one or more points of these terms and conditions does not lead to the invalidity of the remaining ones.

Stand  01.08.2018

CONGRESS LOIPERSDORF
TCCL GmbH & Co KG

Schaffelbadstraße 220
8282 Loipersdorf
T: +43 3382 20000 7009
M: info@congress-loipersdorf.at