General Terms of Service

March 2020

 

Below you will find the general conditions for events in the PALAIS BERG. The organiser / tenant submits to these conditions. In any case, the organiser's own terms and conditions do not become part of the contract.

 

1. Assembly and disassembly

The halls can be occupied on the day of the event from 2:00 p.m. (for daytime events from 7:00 a.m.) and must be returned swept clean no later than 7:00 a.m. the following day. The team of the Palais Berg takes care of the installation of the furniture, which is ordered from  Palais Berg. The seating must be set at least 1 week before the event. We try to fulfil short-term additional requests during or after completion of the set-up, but these can be charged in addition.

 

2. Hall supervision

In the period from the handover of the halls to the organiser until they are returned to the Palais Berg, a hall supervision will be charged. Also during the assembly and dismantling times as well as for the duration of the deliveries and the transportation of the caterer. This person is familiar with the technical facilities and safety precautions in the house.

 

3. Prices

All prices are exclusive of VAT unless otherwise stated.

 

4. Cleaning and Garbage

The organisers must hand over the halls clean. When renting catering space (catering kitchen, cold store, bars), these must be returned to Palais Berg in a cleaned condition. In the event of non-compliance, the organiser will be charged 500 Euro per catering kitchen. The organiser undertakes to dispose of the waste generated during the event. Disposal in the in-house garbage containers of  Palais Berg is not permitted.

 

If this disposal does not take place, the organiser will be charged. This is not relevant for waste from catering or decoration that is ordered through the Palais Berg and is included in the contract.

 

5. Security & fire protection

Please note that the specified escape routes must be kept clear for safety reasons. Smoking is prohibited throughout the Palais Berg. The Palais Berg is handicapped accessible.

 

6. Events Act & AKM

According to the Vienna Event Law, certain events are subject to registration or licensing. This registration is the responsibility of the organiser. 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 organiser acknowledges that there are officially defined maximum numbers of persons present at the same time on the premises covered by the contract, depending on seating and other facilities. The details in this regard depend on the equipment of the premises chosen by the Organiser and can be obtained from Palais Berg or the MA 36. The Organiser is solely responsible for ensuring that these maximum limits are not exceeded and shall indemnify and hold Palais Berg harmless in this respect. Events with musical or literary performances must be registered with the AKM by the organiser. Further information can be found at www.akm.at. The organiser acknowledges that for events that last longer than 2 a.m., the gastronomic attendant must apply for an extension of the commercial closing time (up to max. 6 a.m.). All related costs are to be borne by the organiser.

 

7. House Regulations

The organiser acknowledges that the Lothringer Hall or the Pestalozzi Hall could be occupied for events in the morning if an evening event was rented. In this case, the tenant will not have access to the Palais Berg before 2 p.m. The use of the event location as a discotheque or for clubbing is not permitted.

 

8. Compliance with legal provisions and official regulations

The organiser is responsible for compliance with all relevant legal provisions, official orders and for obtaining all necessary permits for the event. A copy of these permits must be given to the Palais Berg before the start of the event. Emergency exits and escape routes must always be kept clear throughout the event. The instructions given by the employees of the Palais Berg must be followed immediately.

 

9. Course of the event, number of participants

The event undertakes to hand over a precise schedule of the event to its contact person at Palais Berg at least 3 working days before the event. This schedule is the basis for all services to be performed by the Palais Berg. The organiser must also announce the number of participants in writing at the latest on the 3rd working day before the event. This number is a guaranteed minimum number for all services of Palais Berg billed according to number of persons. Should the actual number of participants be higher than announced, the Palais Berg cannot guarantee that the necessary capacities (staff, seating, etc.) are available. If the actual number of participants exceeds the officially approved number of people for Palais Berg or some of its rooms, the required number of people can be refused to participate.

 

10. Space Rental

Agreed room rents apply exclusively to the provision of the empty halls. The rental of furniture is invoiced according to the agreement / offer. Please note that the discounts on offer are only granted if the furniture and the sound and lighting system are obtained from the Palais Berg.

 

11. Insurance

The organiser is obliged to take out sufficient event liability insurance for the entire duration of the event (including preparation and post-processing time) and to provide evidence to the Palais Berg by handing over a copy of the policy. Gross negligence must be covered.

 

12. Restrictions, noise protection

The organiser notes that the volume limitation of the Palais Berg must be observed. The organiser also notes that events can also take place in other rooms - noise protection and other measures can also be ordered from the Palais Berg in individual cases to protect them. The final transport can only take place from 8 a.m. at the earliest. In the event of non-compliance, the Palais Berg can charge the organiser a flat rate of 500 Euro.

 

13. Catering

If the customer opts for external catering, a down payment for the use of the catering kitchen must be made. The caterer commissioned by the organiser requires the express prior consent of Palais Berg. Furthermore, it must be clarified in advance which rooms or technical facilities of the Palais Berg may be used by the caterer. The Palais Berg charges for this according to the price list and any extraordinary electricity costs. Also in the case of external catering, the drinks (trade) must be obtained directly from the Palais Berg. The mandatory, fixed beverage partners of the Palais Berg (Bacardi, Ottakringer, Eristoff, Gray Goose, 42Below Vodka) must also be noted here. In the event of non-compliance, a flat fee of 3.500 Euro will be charged to the organiser. Waste, empty containers , etc., are to be taken by the caterer after the end of the event and properly disposed of. Disposal in the in-house waste containers of the Palais Berg is not permitted. No food and drink may be brought into the Palais Berg for consumption without the prior written consent of Palais Berg. The Palais Berg reserve the right to charge a so-called “stubble fee” for delivered drinks. If no other agreement has been made, all beverages will be billed based on actual consumption. Opened containers must be paid in full.

 

14. Limitation of liability

Unless otherwise required by law, Palais Berg is only liable for willful intent and gross negligence with regard to any damage the organizer may incur, the amount of which is limited to the amount of the agreed fee.

 

15. Provision

The contractual premises are to be returned to Palais Berg at the agreed time in proper condition, cleared of vehicles driven by the organiser or his subcontractors and cleared of any decorative objects, etc., brought in. If this is not done properly or in due time, Palais Berg shall be entitled to charge a fee for this service in an amount analogous to the agreed fee. Palais Berg expressly reserves the right to assert claims for further damages, in particular damages caused by the disturbance of subsequent events. The organiser shall be liable for such damages in any case, even if not at fault.

 

16. Service

If the service goes beyond the agreed event period, the organiser will be charged hourly rates per Palais Berg employee according to the price list.

 

17. Valuables

Valuables such as machines, pictures, cash , etc., which are brought in by the organiser, his subcontractors or by the participants of the events, are not subject to the liability of the Palais Berg. The organiser is also strongly advised to take out appropriate insurance in this regard. In general, the organiser must ensure that any use of the property or the building that results in excessive wear and tear is avoided.

 

18. Liability of the Organiser

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 Berg, 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 Berg 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 Berg. 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 Berg 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 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 arising from the removal of contamination exceeding the usual extent for which the organiser, its employees, contractual partners or guests are responsible, will be invoiced to the organiser and are due for payment without deduction immediately after receipt of the invoice.

 

20. Announcement of the Company

The organiser is obliged to notify Palais Berg in writing of all companies that are on site in the course of event preparation and processing (suppliers, co-organisers, agencies, etc.). The Palais Berg is entitled, if there are important reasons (such as problems with these companies in the past in particular) to reject individual companies and to refuse them access. In this case, the organiser has to endeavour to replace the company immediately.

 

21. Termination by the Palais Berg

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

1) if the event jeopardises the smooth running of the business

2) if the reputation and security of the house are jeopardised

3) in the event of force majeure

4) if agreed payments on account are not received in time.

 

In the event of such a justified termination - with the exception of point c), in the event of force majeure - the organiser must pay Palais Berg all the resulting damages and costs.

 

22. Down payments and confirmation of booking

In order for a binding agreement to be reached, a confirmation of the offer signed by the organizer (or the confirmation by email of the organizer) on the part of Palais Berg is necessary. Upon signing the offer, we ask for transfer of the 1st payment on account in the amount of € 3.500,- (excl. VAT) after invoicing. The remaining amount will be due no later than one week before the event. You will receive separate down payment invoices for your payments 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. Invoice Standards

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

 

24. Event Cancellations

The cancellation costs 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 Palais Berg Events GmbH is not paid BEFORE the event, Palais Berg Events 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 Palais Berg is used for advertising purposes requires prior written approval by Palais Berg. The organiser is liable for all damages arising in connection with the violation of the rights of third parties (in particular copyrights) and shall indemnify and hold harmless Palais Berg in this respect.

 

26. Transfer to Third Parties

The organiser is not entitled to pass on rights from this agreement to third parties, under whatever legal title, without the prior written and express consent of Palais Berg.

 

27. Exercise of House Rights

Palais Berg is entitled to refer persons who disturb the event (s) in the Palais Berg or harass or endanger other guests in the exercise of the house rights of the building and the property. Dogs and other pets may not be brought into the building unless there is express prior written approval from Palais Berg.

 

28. Price Changes

Palais Berg expressly reserves the right to pass on to the customer the objectively verifiable increase of its costs which occurs in the period between the offer and the event (such as wage increases, increase of taxes and duties, increase of costs of suppliers and subcontractors, etc.) to the same percentage extent. This also applies to price changes of the beverages.

 

29. Verbal Agreements

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

 

30. Place of Jurisdiction, Applicable Law

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