OL Betriebs GmbH (hereinafter referred to as “OL”), business address Wienerbergstrasse 11, 1100 Vienna, operates the
twelve conference centre in the myhive Twin Towers.
For all current and future business transactions with OL, the following General
Terms and Conditions (hereinafter referred to as “GTC”) are exclusively responsible, even if reference is not explicitly made to them. All
GTC of the contractual partners are explicitly excluded.
Deviations from these GTC may only be bindingly agreed if OL acknowledges the deviations in writing.
Verbal agreements must be in written form in order to be valid. This also applies for the waiving of this
written form requirement.
- Subject matter of the contract/contractual partner
The subject matter is the temporary transfer/use of rooms, spaces and furnishings for a meeting,
conference or event in the rooms of OL, as well as the provision of the agreed services
by OL and its partners.
The rooms, spaces and furnishings will only be provided and transferred on the basis of a concluded usage agreement or a signed order form.
All rooms, spaces etc. that are provided must be treated carefully and looked after.
It is pointed out that the room is not a rented item within the meaning of the Mietrechtsgesetz (MRG Act on Tenancy Law) and that therefore only the provisions of this agreement and, to a secondary extent, the provisions of the Allgemeines Bürgerliches Gesetzbuch (ABGB General Civil Code) apply.
The provision of the rooms, spaces and furnishings for events subject to the law on the regulations on events (Wiener Veranstaltungsgesetz [Vienna Events Act]) is explicitly excluded.
This includes, but is not limited to, the following: theatre performances of all types and public exhibitions, performances and amusement within the meaning of Section 1 Wiener Veranstaltungsgesetz.
It is agreed that for the entire duration of the event, an employee of OL or another specific employee provided by OL will be on-site, in order to supervise the organisation of the event.
The contractual partner is any legal or natural person with which OL enters into a contract on the temporary use of rooms, spaces and furnishings, and on the provision of services by OL in the course of an event in the twelve conference centre.
- Contract conclusion
OL will pass on to the contractual partner a contract including all services, payment conditions and cancellation fees.
The contract is considered concluded when the contractual partner returns the signed contract to OL.
Upon the conclusion of the contract for the rooms of the twelve conference centre, the order form serves as a contract document.
A binding contract hereby becomes effective upon the return of the signed order form.
All listed prices are exclusive of value added tax (VAT), unless otherwise agreed in writing.
The agreed fee includes all services of OL that were agreed in the last applicable offer or order form.
Additional services will be taken into account in the final invoice.
Beverages will be charged according to daily consumption, unless a flat rate has been agreed in the last applicable offer or in the order form.
- Payment methods
An advance payment of 75% of the entire agreed order sum must be made. For an entire order sum of less than EUR 3,000.00, no advance payment must be made by the contractual partner.
After the event, a final invoice will be sent for all services of OL. The invoice amount is payable within 14 days of it being submitted, with no deductions.
The timely making of the advance payment specified in the contract is an essential part of the performance of the contract.
For twelve Business Class customers and therefore users of the twelve booking tool, a monthly collective invoice will be issued, including all services and therefore also the catering with food and drinks.
The monthly invoice is payable within 14 days of it being submitted, with no deductions.
OL can make the holding of the event dependent on the payment of a deposit equal to the anticipated invoice amount.
If the deposit is not paid by 14 days before the date of the planned event at the latest, OL may withdraw from the contract, and OL is exempt from the provision of all services.
Credit cards are not accepted by OL.
- Cancellation fees
The cancellation of a fixed Business Class booking and any associated food & beverage (F&B) services may take place up to 4 working days before the respective activity.
After that, 100% of the order sum will be charged.
Unless the rules on cancellation are individually agreed with the contractual partner, the following conditions apply for all other bookings (not Business Class):
1. Cancellations up to 8 weeks before the date of the event:
50% of the entire order sum plus 25% of the expected drinks sales.
2. Cancellations up to 4 weeks before the date of the event:
75% of the entire order sum plus 50% of the expected drinks sales.
3. Cancellations within 4 weeks before the date of the event:
100% of the entire order sum plus 100% of the expected drinks sales.
The expected drinks sales are calculated based on the number of people stated in the last applicable offer or order form.
The presumed drinks consumption for an event of up to 4 hours is €9, and the consumption for an event of up to 8 hours is €18, and serves as a basis for the cancellation fees.
Deviations from these cancellation rules are only possible by written provision in the contract. The cancellation fees are not subject to the court’s right to reduce the amounts payable.
OL guarantees the contractual provision of the services and is only liable for material damage caused by OL, its staff or its vicarious agents, as a result of intent or gross negligence.
The liability for personal injury hereby remains unaffected.
OL is not liable for damaged, lost or stolen items that the contractual partner, its staff, its representatives or other third parties from the sphere of the contractual partner, visitors and guests have brought to the event site before or during the event (with the exception of cloakroom safekeeping, if this is carried out by employees of OL).
The contractual partner bears the entire risk of its event, including the preparation, set-up, execution of the event and dismantlement.
It is liable for all damage and consequential damage that it or a person appointed/and or employed by it, visitor and/or guest at its event causes, regardless of whoever becomes disadvantaged.
In any case, the contractual partner is liable, within the framework of the statutory liability, for all damage to the building, the stock and the furnishings.
The contractual partner is obliged to completely indemnify and hold harmless OL with regards to all losses. The losses must be remedied in agreement with OL by the contractual partner itself, where possible, within an immediate period of time after the event.
Should this not be possible, they will be remedied by OL at the expense of the event organiser.
For events other than a classic meeting, seminar or conference, the contractual partner is obliged to take out an event liability insurance policy for the use of the spaces, and provide evidence of this insurance before the beginning of use, upon request.
The event liability insurance policy may be taken out via OL.
The contractual partner is liable towards OL for damages that occur in connection with the use of the space.
Upon taking over the spaces for use, and after the end of use, a joint inspection will be carried out between the contractual partner or a representative named by it, and an authorised employee of OL, and any pre-existing or subsequent damage will be recorded in writing.
In the event that the contractual partner declines the joint inspection, it will lose all claims to lodge a complaint and will be obliged to accept the pre-existing and subsequent damage to the spaces recorded in writing by OL.
For the use of the spaces in the twelve conference centre in a classic sense (meeting, seminar, conference), no separate event liability insurance must be taken out by the contractual partner; this is already included in the space rental.
- Withdrawal from the contract and premature termination of the contract
OL can withdraw from the contract, after the expiry of an adequate grace period if applicable, if:
– the contractual partner does not make the agreed payments on time;
– the contractual partner does not present the officially necessary approval (e.g. mandatory registration with the municipal authorities by the event organiser) on time, or the authorities prohibit the event;
– the event contradicts the agreements or the level of OL, violates legal provisions, or if a disruption to public peace, order and safety is feared as a result of the event;
– the performance of the contract is impossible due to force majeure, in particular such as a strike, natural disaster or other circumstances in which OL is not at fault.
In the twelve conference centre, the catering is provided by the catering partner of OL. The bringing of one’s own food and drinks, and their consumption, are not permitted on the premises of the twelve conference centre.
However, if the contractual partner hires its own external catering company, this company will be bound by the catering rules of OL.
The contractual partner must inform OL of the catering company 14 days before the event at the latest.
- Order/guaranteed number of people
In order to guarantee the quality of the event and the food, the number of guests, the catering plan and other important details must be demonstrably announced to OL 7 days before the event at the latest.
OL will make all preparations in accordance with these details. The stated number of people also serves as a charging basis in relation to the final invoice.
- Data privacy
OL processes personal data within the meaning of the EU General Data Protection Regulation in accordance with the respective version of the relevant data protection regulations.
OL processes personal data that is necessary for the performance of precontractual measures, and for the fulfilment of contractual duties, in particular responding to queries of the contractual partner, the organisational and technical administration of the event, and for accounting and clearing purposes.
Personal data will be sent to the following parties:
– service providers, suppliers and service agents (photographers, bands, DJs, hosts, speakers etc.);
– public bodies and banks;
– Immofinanz AG and its group companies, Wienerbergstrasse 11, 1100 Vienna
if this is necessary for the provision of the agreed services and/or for the performance of statutory duties, or if the contractual partner has granted its consent for this purpose.
Consent to the processing of personal data can be withdrawn at any time by the contractual partner.
OL has made all arrangements in order to comply with the respectively applicable data protection regulations when forwarding, processing and storing your data.
The contractual partner has the right to access, rectification, erasure, restriction of processing, data portability and object.
If the contractual partner presumes that the processing of the personal data violates data protection law, it can lodge a complaint with the data protection authority.
The contractual partner is obliged to comply with the respective data protection regulations in the respectively applicable versions, and to ensure that it is entitled in particular to pass on personal data.
OL stores personal data in accordance with the respective statutory retention period and/or as long as it is required for the performance of the contract, or if the contractual partner has consented to the storage.
The contractual partner will find further information about data protection at www.twelve.co.at.
- Applicable law and place of jurisdiction
These GTC and the contract concluded between OL and the contractual partner are subject to Austrian law, with the exclusion of the reference provisions of the Austrian IPRG (international private law) act and the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
For all disputes based on or in connection with these GTC, and with the contract concluded between OL and the contractual partner, the sole responsibility of the competent court objectively responsible for Vienna (Favoriten) is agreed.
- Severability clause
Should individual provisions of these GTC be invalid or unenforceable, in whole or in part, the remaining provisions shall remain valid.
In the event that individual provisions are invalid or unenforceable, OL and the contractual partner are obliged to replace the invalid or unenforceable provisions with provisions that correspond as far as possible with the content and purpose of the invalid or unenforceable provisions.
These general terms and conditions are applicable as of May 2018.