Trading Terms and Conditions Himmelpforte Gastronomiebetriebs GmbH
Valid for all transactions between The Purchaser / final client or B2B client as Customer (hereinafter referred as the Purchaser) on the one hand, and the Himmelpforte Gastronomiebetriebs Ges.m.b.H., 1010 Wien – Himmelpfortgasse 24 as the Contractor (hereinafter referred to as the Contractor) on the other hand
The following trading terms and conditions valid for all contracts in refering sales, offers and delivers between the Himmelpforte Gastronomiebetriebs GesmbH (Contractor) and the Purchasers shall apply exclusively and shall be binding.
Only written agreements between the Purchaser and the Contractor are valid – even in the case of online via the reservation form on the website, which means that any offer shall be not be binding until it has been signed and approved in writing by the Contractor and not before. Modifications or amendments shall be valid only in written form, signed by both parts – Purchaser and Contractor.
Matter of the contracts
are orders of food & beverage served at the restaurant of the Contractor or in case of delivery/catering provided by the Contractor in according to the current individual or group menu list or any special offer/agreement in written form according to the there mentioned goods and services. Orders or reservations placed via the Internet site of the Contractor or via e-mail shall be binding only after the written confirmation by the Contractor.
Definition / Group size for B2B clients
means a group of persons purchasing collectively 10 ore more persons in any one transaction. Any booking with less than this number of persons are classified als individual travellers which means that the special group menus, terms and conditions will not apply. In regarding special events for cohesive bigger groups or exclusive bookings occupying the entire restaurant terms and conditions can be different to the general terms and conditions and will be provided upon request.
Pricing – Invoicing – Payment
The agreed prices are inclusive – including all local taxes and charges – as specified in the respective current tariff. Submission of the invoice for delivery of services by the Contractor is due on the day of the event. If invoice payment is agreed in case of B2B business, all invoices submitted by the Contractor are payable in full within 14 calendar days from the date due. Default interest according to current bank interests shall be payable in case of delay in payment. Advance payment: The Contractor is entitled to request a reasonable advance payment at all times for special events/cohesive bigger groups.
The amount payable in advance and the dates of payment shall be stated in writing in a separate contract.
Upon special occasions a valid credit card provided by the Purchaser can be requested as a guarantee of payment.
Cancellations / Partial cancellations
Full cancellation policy:
- The Contractor accepts a cancellation free of charge until 7 days prior to arrival
- In case of cancellation between 6 to 2 days prior to arrival 50% of the contracted services will be charged
- Cancellations with less than 2 days or no-shows will be charged with 80% of the contracted services
In case of reservation for more than 80% of the seating capacity, different cancellation conditions can be applied.
Partial cancellations/reduction of services ordered by the Purchaser, which arise as a result of cancellations by the participants,
Are only admissible within the periods and to the degree specified hereinafter:
– up to max. 10% of services ordered up to 2 days prior to the booking date
partial cancellations/reductions exceeding this percentage will be invoiced according to “full cancellation policy”.
– 2 days prior the booking date the Purchaser shall advise a guaranteed number of participants
as valid minimum number for the invoicing.
Cancellation on the part of the event venue:
If, in the event of unforeseen business interruptions or due to “forces majeures”, or in the event of incidents associated with illegal, terrorist or political unrest, or by reason of technical defects or other reasons of any kind, including termination of or sale of the business, the event venue should be prevented from providing the service, or be obliged to cancel the event programme, this shall not represent culpable nonperformance of the contract between the contracting parties. In the event of losses due to cancellation on the part of the event venue, only the services ordered will not be charged for, and all advance payments made to the contractor by the customer will be refunded. No mutual obligations other than these shall be incurred by either party.
General – concluding clauses
The place of payment and performance is the headquarters of the Contractor, contract shall be subject to the exclusive jurisdiction of the competent local court in Vienna, Austria. Austrian law shall govern.