GENERAL TERMS AND CONDITIONS (GTC) – Am Hof 2 Hotelbetriebs GmbH for EVENTS at Park Hyatt Vienna.

I. Scope of applicability

1. These General Terms and Conditions for events (hereinafter referred to as the “Terms and Conditions”) shall apply to the renting out of conference and banquet rooms and other event facilities for the purpose of holding events such as e.g. banquets, seminars, conventions, exhibitions, trade fairs, presentations, programs, etc. as well as all other associated services and supplies (hereinafter referred to as the “Services”) provided by Am Hof 2 Hotelbetriebs GmbH, FN 359620 d, with its place of business in Vienna (hereinafter referred to as the “Hotel”) to natural persons and/or legal entities, including consumers (hereinafter referred to as the “Event Organizer”).

2. These Terms and Conditions shall govern exclusively. Any conflicting, deviating or additional general terms and conditions of the Event Organizer shall not be acknowledged by the Hotel unless the Hotel expressly agrees in writing that they shall be applicable.

II. Conclusion of contract

1. The person who acts as principal towards the Hotel shall be deemed to be the Event Organizer; if such person is not the actual Event Organizer, the Event Organizer and the person acting as authorized representative shall be liable jointly and severally.

2. The contract shall be deemed to be concluded upon acceptance of the offer by way of the Hotel’s written acceptance of the Event Organizer’s booking.

3. Any subletting or re-letting of the provided premises to third parties against payment or making available of such premises for use by third parties free of charge or any use of such premises for purposes other than the agreed purpose of the Services shall be permitted only subject to the express prior written consent by the Hotel. If the Hotel grants its consent, the Event Organizer shall be obliged to impose any general obligations set out in the contract or in these Terms and Conditions on any third party to whom the Event Organizer makes available, in whichever manner, the relevant premises.

4. If the booking is made by a third party on behalf of the Event Organizer such third party shall be liable to the Hotel jointly and severally with the Event Organizer. In any such case, and notwithstanding the provision in the first sentence of sec. II.4, such third party shall expressly advise the Hotel of this circumstance in a timely manner, shall forward or hand over its written power of attorney for the conclusion of the contract in question, and shall inform the Hotel about the name and address of the actual contractual partner.

5. The use of the Hotel's name and of the logo both in general and in connection with specific meetings and/or events shall be subject to the prior written consent by the Hotel. If any such use occurs without the Hotel’s prior written consent the Hotel shall have the right to cancel the event. The right to raise claims in respect of any further damage shall not be affected by the aforesaid.

III. Services, prices, payment, offset

1. Subject to the provisions set out below, the Hotel shall be obliged to provide the agreed Services. The Event Organizer and the Event Organizer’s guests and/or contractual partners who are intended to use the Hotel’s premises pursuant to the intention of the Event Organizer (hereinafter referred to as the “Event Organizer’s Contractual Partners”) shall not have the right to demand the use of specific premises at the Hotel. The Hotel shall be entitled to provide appropriate alternative premises to the Event Organizer and/or the Event Organizer’s Contractual Partner if this is justified for practical reasons (e.g. also in the event of an overbooking that was not caused by gross negligence) and provided this is not entirely unacceptable for the Event Organizer and/or the Event Organizer’s Contractual Partner. The Hotel shall make available to the Event Organizer and/or the Event Organizer’s Contractual Partner transport from the Hotel to the alternative premises and return transport from the alternative premises to the Hotel free of charge. Beyond the aforesaid the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be entitled to any compensation for expenditures arising out of or in connection with the provision of such alternative premises. If (i) the Event Organizer or (ii) the Event Organizer’s Contractual Partner rejects such offer of alternative premises within five days of being notified accordingly by the Hotel, in the case described in item (i) above the contract with the Event Organizer and in the case described in item (ii) above the contract with the Event Organizer relating to the Event Organizer’s Contractual Partner shall be rescinded. If the offer is not so rejected the Event Organizer and/or the Event Organizer’s Contractual Partner shall be deemed to have accepted the offered alternative premises. The Hotel shall in any case be entitled to arrange for the provision of its Services through third parties.

2. The Event Organizer shall be obliged to pay the applicable and agreed prices charged by the Hotel, plus any and all taxes and public levies, for the provision of the agreed Services as well as all additional Services used. The aforesaid shall also apply in respect of supplies and services provided by third parties upon arrangement by the Event Organizer as well as any supplies and services provided by the Hotel to a third party in connection with the contract concluded between the Hotel and the Event Organizer.

3. If a fixed daily rate for conventions has been agreed such rate shall apply per calendar day per participant in the convention, unless agreed otherwise by the parties.

4. The agreed prices are indicated inclusive of the applicable statutory VAT as well as other taxes and levies. If the applicable rates of VAT or other taxes and/or levies for the contractual Services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly. In respect of Services that are subject to a municipal tax (e.g. culture tax, visitor’s tax, etc.) the Hotel shall be entitled to increase the relevant prices by the amount of such taxes. If the period of time between the conclusion of the contract and the agreed time of performance of the contract is longer than three months and the consideration generally charged by the Hotel for the Services has increased or decreased by the time of performance, the Hotel shall be entitled to increase the previously agreed price accordingly or the Event Organizer shall be entitled to demand a reduced price compared to the previously agreed price. In such a case the consideration shall be changed proportionately to the change of the Consumer Price Index 2010, published by STATISTIK Austria. The basis of calculation shall be the final index figure published for the month when the contract is concluded (= 100).

5. Unless any other terms of payment have been expressly agreed, the invoices issued by the Hotel shall become due for payment without deductions within ten days of the date of the invoice. The Hotel shall be entitled at any time to declare its accrued receivables to be due and payable. In the event of a default in payment the Hotel shall have the right to demand default interest irrespective of fault in the amount of 9.2 percentage points above the base rate p.a. for entrepreneurs and of 5 percentage points above the base rate p.a. for consumers within the meaning of the Consumer Protection Act. The Hotel shall have the right to evidence any further damage.

6. The Hotel shall be entitled to refuse the acceptance of foreign currencies, checks and credit cards. If the Event Organizer uses a credit card to pay for Services of the Hotel for which an advance payment is required (e.g. general bookings subject to advance payment or guaranteed bookings) without physically producing the credit card (e.g. via telephone, the Internet, etc.), the Event Organizer, in respect of its legal relationship with the Hotel, shall not be entitled to cancel the relevant payment with the credit card company.

7. In order to secure its claims out of the accommodation and/or event contract and in connection with catering and other expenses, the Hotel shall be entitled vis-à-vis the Event Organizer and the Event Organizer’s Contractual Partner to exercise the statutory right of retention pursuant to sec. 970c Civil Code and the statutory lien pursuant to sec. 1101 Civil Code in respect of the objects brought to the Hotel by the Event Organizer and the Event Organizer’s Contractual Partner.

8. The Hotel shall have the right to demand (i) the provision by the Event Organizer, upon the conclusion of the contract, of an appropriate advance payment or security in the form of a credit card guarantee or similar up to a maximum amount equaling 100% of the estimated total cost of the event, including rates for the rental of premises and the cost of food and beverages and, if applicable, accommodation, (ii) in justified cases (e.g. the Event Organizer is in arrears or the scope of Services is increased) an increase of the contractually agreed advance payment or security corresponding to the amount of the expected costs, and (iii) the provision by the Event Organizer of an appropriate advance payment or security at the commencement of, and during, the provision of Services by the Hotel to the extent such an advance payment or security has not already been provided in accordance with the aforesaid. The provision of security by way of a credit card guarantee, however, will be accepted by the Hotel only if the amount of security demanded by the Hotel does not exceed EUR 1,500. The Event Organizer shall provide such advance payment or security pursuant to item (i) above not later than 14 days (date of receipt) prior to commencing the use of the Hotel’s Services.

9. The Event Organizer shall have a right of offset against claims of the Hotel only if the Event Organizer’s claim is undisputed or has been finally determined by the courts.

IV. Non-use of the Hotel’s Services, rescission by the Event Organizer (cancellation)

1. Unless agreed otherwise in the contract, a rescission of the contract by the Event Organizer free of charge and/or a non-use of Services by the Event Organizer free of charge shall not be permitted. The Hotel shall have the right to make its consent to any request by the Event Organizer for a subsequent reduction of the agreed scope of Services subject to an increase of the prices payable for the Services of the Hotel. In the absence of the Hotel’s consent the Hotel shall have the right to charge the following amounts as “forfeit money” within the meaning of sec. 909 Civil Code in respect of the rented premises and other costs in connection with making available the Services:

• 50% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer not later than 30 days prior to the date on which the Services are to be provided;
• 60% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 29 and 14 days prior to the date on which the Services are to be provided;
• 70% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 13 and 8 days prior to the date on which the Services are to be provided;
• 80% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer less than 8 days prior to the date on which the Services are to be provided or if the agreed Services are not used.

2. Where food and beverages sales were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract (see above):

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.

In cases where the price for the meal or buffet had not yet been agreed the lowest-priced three-course meal or buffet in accordance with the list of available event services applicable at the time shall be used as the basis of calculation.

3. Where fixed daily rates for conventions were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract:

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.

4. The Event Organizer shall not be entitled to submit evidence that the Hotel suffered no damage as a result of the rescission or non-use of Services or that the damage suffered by the Hotel as a result of the rescission or non-use of Services was less than the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above.

5. Notwithstanding the provisions in sec. 909 Civil Code it is agreed that in the event of a rescission as described above the Hotel, in addition to the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above, shall be entitled to claim reimbursement for the following expenditures:

• any and all third-party costs incurred and paid by the Hotel (expecting the conclusion of the contract) and any and all down payments made by the Hotel to third-party providers;

and

• any and all cancellation fees charged by third-party providers relating to contractual duties undertaken by the Hotel to such third parties in connection with the conclusion of the contract.

6. The Hotel must be notified in writing of any rescission of the contract.

V. Rescission by the Hotel

1. To the extent the Event Organizer was granted the right to rescind the contract free of charge within a specific period the Hotel shall also be entitled to rescind the contract within such agreed period.

2. If the Event Organizer fails to timely provide an advance payment as agreed by the parties or as required under these Terms and Conditions the Hotel shall be entitled to rescind the contract. In addition, the Hotel shall have the right to raise claims for damages against the Event Organizer.

3. Furthermore, the Hotel shall have the right to rescind the contract with immediate effect for justified reasons without becoming liable to pay damages to the Event Organizer. Events deemed to constitute a justified reason shall include, inter alia, the following:

• if the Event Organizer and/or the Event Organizer’s Contractual Partner uses the rented premises in a substantially adverse manner, or through its reckless, indecent or otherwise grossly improper conduct towards the Hotel or its staff or the guests present at the Hotel or any third parties makes its presence annoying for the said persons or parties, or commits a punishable offence against any of the said persons or parties directed against their property or physical integrity or against public morals, whereby an attempt or reasonable suspicion shall be deemed sufficient for the purposes of this clause;
• if the performance of the contract is rendered impossible or unreasonable for the Hotel owing to an event of force majeure or any other circumstances not attributable to the Hotel;
• if in connection with the booking of Services misleading or incorrect information is supplied in respect of facts that are material to the contract, e.g. regarding the identity of the Event Organizer or the purpose of the Services;
• if the Hotel has reasonable cause to assume that the use of the Services may put the smooth operation of the business, the safety or the public reputation of the Hotel at risk, provided the causes of such risk are not attributable to the Hotel;
• if the purpose of or the reason for the event is illegal;
• if a violation of the provisions in sec. II.3 of these Terms and Conditions occurs;
• if the Hotel is closed not only on a temporary basis (i.e. for a period longer than 104 calendar days).

4. The Hotel shall forthwith notify the Event Organizer in writing of the rescission, however, not later than within 14 days from the day on which the reason becomes known. The Hotel’s right to claim compensation for any damage caused by the rescission and for the relevant wasted expenditure shall not be affected, provided the contract is terminated for a justified reason attributable to the Event Organizer’s fault.

VI. Number of participants, changing the number of participants, changing the time of the event

1. If the number of persons actually participating in the event is smaller than the agreed number of participants, any savings in expenditure that may result therefrom will not be refunded, subject to the provisions set out herein below.

2. Any change in the number of registered participants by more than 5% must be notified in writing and can be taken into account for purposes of invoicing only provided such notice is received by the banquet department of the Hotel not later than seven days prior to the beginning of the event. If the number of participants is reduced by more than 5% the original number of participants minus 5% will be used as the basis of calculation, notwithstanding timely notice to the Hotel.

3. Any increase in the number of participants by more than 5% shall be subject to the Hotel’s written consent. The Event Organizer shall have no right to demand such consent from the Hotel. In case of any increase in the number of participants the actual number of participants will be used as the basis of calculation for the invoiced amount.

4. If the number of participants differs by more than 10% the Hotel shall have the right to change the agreed premises, provided the new premises are of a size appropriate for the final number of participants as notified and correspond to the same standard of equipment.

5. If the agreed starting time or closing time of an event is changed without the prior written consent by the Hotel the Hotel shall be entitled to charge additional costs for making available the Services, unless the Hotel is culpably responsible for the change in the starting or closing time.

6. The booked premises shall be available to the Event Organizer only for the period of time agreed in writing. Any use beyond the agreed period shall be subject to the Hotel’s written consent and shall only be permitted for additional consideration.

7. If the time of an event is changed and as a result the event continues until after midnight the Hotel shall be entitled to charge an amount of EUR 1.50, plus VAT, per guest per hour in addition to any other increased consideration agreed for exceeding the planned timeframe of the event. The agreed number of participants shall be used as the basis of calculation.

8. It is not permitted to hold exhibitions in the foyer or lobby. Advertising materials may only be displayed subject to the Hotel’s prior written consent.

VII. Bringing food and beverages to an event

Food and beverages for events shall be supplied exclusively by the Hotel. Any exceptions must be agreed in writing. In such cases a fee for general expenses (corkage fee) shall be charged. The Hotel shall accept no liability for any food or beverages brought to the Hotel. The Event Organizer shall be fully liable for any food or beverages brought to the Hotel to be non-hazardous to health, and shall hold harmless and indemnify the Hotel from and against any relevant claims by third parties.

VIII. Technical equipment, connections

1. Unless agreed otherwise in any individual case, the agreed rates for the rental of premises shall only cover the provision of the premises but shall not include technical equipment, the electricity consumed by it, or any connection fees or charges. The Hotel shall be entitled to record and bill the electricity consumed at a flat rate.

2. If the Hotel obtains technical or other equipment for the Event Organizer from third parties the Hotel shall be deemed to act in the name and for the account of the Event Organizer. In such cases the Event Organizer shall indemnify the Hotel against any and all claims by third parties in connection with such technical or other equipment upon the first written request to do so. Any liability on the part of the Hotel for a failure to timely obtain such equipment or for any defects in the equipment so obtained shall be excluded.

3. Any use of the Event Organizer’s own electrical equipment or of electrical equipment of a third party acting on behalf of the Event Organizer using the Hotel’s power supply shall be subject to the Hotel’s prior written consent. The Event Organizer shall be liable for the operating safety of such equipment. Any malfunctions of or defects in the Hotel’s technical facilities caused by the use of such equipment shall be at the expense of the Event Organizer, provided such malfunctions or defects are not attributable to the Hotel.

4. Any malfunctions of or defects in the equipment provided by the Hotel shall be remedied to the extent it is possible for the Hotel to do so. The Event Organizer shall not have the right to raise any claims in this regard, unless the provision of such equipment was contractually agreed and the Hotel is guilty of extreme gross fault.

IX. Liability

1. The Event Organizer shall be liable to the Hotel for any damage culpably caused by the Event Organizer or by the Event Organizer’s Contractual Partner or by third parties attributable to the same, irrespective of the degree of fault. The Hotel shall have the right to demand that the Event Organizer provide adequate security (e.g. insurance policies, deposits, sureties, etc.) as coverage for the liability risk. The Event Organizer shall be liable to the Hotel for the payment of the relevant consideration for any additional services provided to the Event Organizer’s Contractual Partners or to third parties in connection with the event.

2. The Hotel shall be liable to consumers within the meaning of the Consumer Protection Act in accordance with the applicable legal provisions, whereby liability for slight negligence shall be excluded, excepting cases of personal injury.

3. The Hotel shall be liable to entrepreneurs exclusively in cases of intent or gross negligence, again excepting cases of personal injury. Any liability for lost profits, indirect damage, consequential damage and other financial losses shall be excluded, except in cases of intent or extreme gross negligence. The Hotel’s amount of liability towards entrepreneurs shall be limited to the value of the relevant consideration.

4. The exclusions and limitations of liability provided under these Terms and Conditions shall equally apply to the benefit of any and all enterprises employed by the Hotel in connection with the performance of its contractual duties, as well as such enterprises’ subcontractors and agents.

5. The Event Organizer shall notify the Hotel of the occurrence of any damage or of any performance of a Service that fails to comply with contractual agreements forthwith upon becoming aware thereof, failing which liability shall be excluded.

6. Any and all claims of the Event Manager against the Hotel out of or in connection with the relevant individual contract shall come under the statute of limitation after the expiry of six months from the day on which the performance of services commenced, irrespective of the time when the damage and the liable party became known.

7. Valuables, money or securities shall be deposited free of charge at the Hotel, failing which any liability on the part of the Hotel shall be excluded, provided the depositing of such items is not unreasonable. Any claim to compensation shall become void if the Hotel is not notified of the relevant damage forthwith upon its detection. The Hotel shall be entitled to refuse the acceptance of valuables, money or securities for depositing without giving a reason, in particular if the relevant items are considerably more valuable than the items usually deposited by Event Organizers.

X. Other duties of the Event Organizer

1. The Hotel does not provide insurance coverage for objects brought to the Hotel. The Event Organizer shall be solely responsible for taking out any required insurance. Any and all objects, transport packaging, re-packaging and other packaging materials brought to the Hotel shall be removed after the end of the event.

2. The employment of external security personnel shall be subject to the Hotel’s prior written consent.

3. If any rights of third parties (copyrights, etc.) are affected in connection with the event the Event Organizer shall, at its sole expense, obtain all relevant permissions prior to the event and directly pay all applicable fees. If nevertheless any claims for the payment of fees or for damages should be raised against the Hotel in connection with the aforesaid the Event Organizer shall indemnify the Hotel against any and all such claims for fees or damages.

4. Photographs for commercial purposes may be taken at the Hotel only subject to the Hotel’s prior written consent.

5. The Event Organizer shall, at its sole expense, obtain any and all official permits and submit the same to the Hotel no later than one week prior to the event, unless expressly agreed otherwise in writing. The Event Organizer shall be responsible for ensuring compliance with any and all relevant requirements under the applicable (regulatory) laws.

XI. Objects left behind

Any objects left behind by the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be deemed to have been deposited with the Hotel or to have been brought to the Hotel by the Event Organizer and/or the Event Organizer’s Contractual Partner, and shall be forwarded to the Event Organizer and/or the Event Organizer’s Contractual Partner only upon the latter’s request and at its risk and expense. The Hotel shall keep the objects for three months against reimbursement of costs or storage charges if stored with a third party. After such time any objects of apparent value will be handed over to the local lost and found office.

XII. Data protection

1. The Hotel shall comply with the privacy policy for guests available at http://privacy.hyatt.com (the “Privacy Policy”).

2. The Event Organizer warrants that the following provisions shall be complied with in connection with the guests present at the Hotel:

a) the guests will be advised of the Privacy Policy;

b) the Event Organizer shall obtain the guests’ consent regarding the disclosure of their personal data to the Hotel for the purposes described in the Privacy Policy;

c) the Event Organizer represents and warrants to the Hotel that the Event Organizer is authorized to

• disclose to the Hotel the personal data of the Event Organizer’s Contractual Partners (guests), and
• act on behalf of the Event Organizer’s Contractual Partners (guests) for the purposes set out in this section.

3. The Event Organizer expressly accepts and agrees that its personal data, including in particular its first name, surname, address, postal code, date of birth and information regarding its bank account, are collected, transmitted, processed and used both manually and electronically in connection with the exercise and performance by the Hotel and members of the Hyatt Group of any and all mutual rights and duties arising out of the contract concluded with the Event Organizer as well as for purposes of accounting, market research and marketing. The Event Organizer further expressly accepts and agrees that its personal data will be made available electronically to agents of the Hotel in connection with the exercise and performance of the mutual rights and duties. The Event Organizer expressly agrees that the electronic mail address supplied by it may be used by the Hotel for regularly forwarding the Hotel’s e-mail newsletter. The Event Organizer shall be entitled at any time to revoke its consent regarding the e-mail newsletter.

XIII. Final provisions

1. The place of performance and place of payment shall be Vienna.

2. The competent court for commercial matters in Vienna shall have exclusive jurisdiction, also for disputes relating to checks and bills of exchange.

3. The present or future invalidity of any individual provisions in these Terms and Conditions shall not affect the validity of the remaining provisions, and the parties undertake that in the place of the invalid provision they shall agree on a valid provision as closely as possible reflecting the (commercial) purpose and meaning of the invalid provision. In all other respects the relevant legal provisions shall apply.

4. These Terms and Conditions shall be governed by Austrian procedural and substantive law, whereby the applicability of the rules of international private law and of the UN Convention on Contracts for the International Sale of Goods shall be excluded.

GENERAL TERMS AND CONDITIONS (GTC) – Am Hof 2 Hotelbetriebs GmbH for EVENTS at Park Hyatt Vienna.

I. Scope of applicability

1. These General Terms and Conditions for events (hereinafter referred to as the “Terms and Conditions”) shall apply to the renting out of conference and banquet rooms and other event facilities for the purpose of holding events such as e.g. banquets, seminars, conventions, exhibitions, trade fairs, presentations, programs, etc. as well as all other associated services and supplies (hereinafter referred to as the “Services”) provided by Am Hof 2 Hotelbetriebs GmbH, FN 359620 d, with its place of business in Vienna (hereinafter referred to as the “Hotel”) to natural persons and/or legal entities, including consumers (hereinafter referred to as the “Event Organizer”).

2. These Terms and Conditions shall govern exclusively. Any conflicting, deviating or additional general terms and conditions of the Event Organizer shall not be acknowledged by the Hotel unless the Hotel expressly agrees in writing that they shall be applicable.

II. Conclusion of contract

1. The person who acts as principal towards the Hotel shall be deemed to be the Event Organizer; if such person is not the actual Event Organizer, the Event Organizer and the person acting as authorized representative shall be liable jointly and severally.

2. The contract shall be deemed to be concluded upon acceptance of the offer by way of the Hotel’s written acceptance of the Event Organizer’s booking.

3. Any subletting or re-letting of the provided premises to third parties against payment or making available of such premises for use by third parties free of charge or any use of such premises for purposes other than the agreed purpose of the Services shall be permitted only subject to the express prior written consent by the Hotel. If the Hotel grants its consent, the Event Organizer shall be obliged to impose any general obligations set out in the contract or in these Terms and Conditions on any third party to whom the Event Organizer makes available, in whichever manner, the relevant premises.

4. If the booking is made by a third party on behalf of the Event Organizer such third party shall be liable to the Hotel jointly and severally with the Event Organizer. In any such case, and notwithstanding the provision in the first sentence of sec. II.4, such third party shall expressly advise the Hotel of this circumstance in a timely manner, shall forward or hand over its written power of attorney for the conclusion of the contract in question, and shall inform the Hotel about the name and address of the actual contractual partner.

5. The use of the Hotel's name and of the logo both in general and in connection with specific meetings and/or events shall be subject to the prior written consent by the Hotel. If any such use occurs without the Hotel’s prior written consent the Hotel shall have the right to cancel the event. The right to raise claims in respect of any further damage shall not be affected by the aforesaid.

III. Services, prices, payment, offset

1. Subject to the provisions set out below, the Hotel shall be obliged to provide the agreed Services. The Event Organizer and the Event Organizer’s guests and/or contractual partners who are intended to use the Hotel’s premises pursuant to the intention of the Event Organizer (hereinafter referred to as the “Event Organizer’s Contractual Partners”) shall not have the right to demand the use of specific premises at the Hotel. The Hotel shall be entitled to provide appropriate alternative premises to the Event Organizer and/or the Event Organizer’s Contractual Partner if this is justified for practical reasons (e.g. also in the event of an overbooking that was not caused by gross negligence) and provided this is not entirely unacceptable for the Event Organizer and/or the Event Organizer’s Contractual Partner. The Hotel shall make available to the Event Organizer and/or the Event Organizer’s Contractual Partner transport from the Hotel to the alternative premises and return transport from the alternative premises to the Hotel free of charge. Beyond the aforesaid the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be entitled to any compensation for expenditures arising out of or in connection with the provision of such alternative premises. If (i) the Event Organizer or (ii) the Event Organizer’s Contractual Partner rejects such offer of alternative premises within five days of being notified accordingly by the Hotel, in the case described in item (i) above the contract with the Event Organizer and in the case described in item (ii) above the contract with the Event Organizer relating to the Event Organizer’s Contractual Partner shall be rescinded. If the offer is not so rejected the Event Organizer and/or the Event Organizer’s Contractual Partner shall be deemed to have accepted the offered alternative premises. The Hotel shall in any case be entitled to arrange for the provision of its Services through third parties.

2. The Event Organizer shall be obliged to pay the applicable and agreed prices charged by the Hotel, plus any and all taxes and public levies, for the provision of the agreed Services as well as all additional Services used. The aforesaid shall also apply in respect of supplies and services provided by third parties upon arrangement by the Event Organizer as well as any supplies and services provided by the Hotel to a third party in connection with the contract concluded between the Hotel and the Event Organizer.

3. If a fixed daily rate for conventions has been agreed such rate shall apply per calendar day per participant in the convention, unless agreed otherwise by the parties.

4. The agreed prices are indicated inclusive of the applicable statutory VAT as well as other taxes and levies. If the applicable rates of VAT or other taxes and/or levies for the contractual Services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly. In respect of Services that are subject to a municipal tax (e.g. culture tax, visitor’s tax, etc.) the Hotel shall be entitled to increase the relevant prices by the amount of such taxes. If the period of time between the conclusion of the contract and the agreed time of performance of the contract is longer than three months and the consideration generally charged by the Hotel for the Services has increased or decreased by the time of performance, the Hotel shall be entitled to increase the previously agreed price accordingly or the Event Organizer shall be entitled to demand a reduced price compared to the previously agreed price. In such a case the consideration shall be changed proportionately to the change of the Consumer Price Index 2010, published by STATISTIK Austria. The basis of calculation shall be the final index figure published for the month when the contract is concluded (= 100).

5. Unless any other terms of payment have been expressly agreed, the invoices issued by the Hotel shall become due for payment without deductions within ten days of the date of the invoice. The Hotel shall be entitled at any time to declare its accrued receivables to be due and payable. In the event of a default in payment the Hotel shall have the right to demand default interest irrespective of fault in the amount of 9.2 percentage points above the base rate p.a. for entrepreneurs and of 5 percentage points above the base rate p.a. for consumers within the meaning of the Consumer Protection Act. The Hotel shall have the right to evidence any further damage.

6. The Hotel shall be entitled to refuse the acceptance of foreign currencies, checks and credit cards. If the Event Organizer uses a credit card to pay for Services of the Hotel for which an advance payment is required (e.g. general bookings subject to advance payment or guaranteed bookings) without physically producing the credit card (e.g. via telephone, the Internet, etc.), the Event Organizer, in respect of its legal relationship with the Hotel, shall not be entitled to cancel the relevant payment with the credit card company.

7. In order to secure its claims out of the accommodation and/or event contract and in connection with catering and other expenses, the Hotel shall be entitled vis-à-vis the Event Organizer and the Event Organizer’s Contractual Partner to exercise the statutory right of retention pursuant to sec. 970c Civil Code and the statutory lien pursuant to sec. 1101 Civil Code in respect of the objects brought to the Hotel by the Event Organizer and the Event Organizer’s Contractual Partner.

8. The Hotel shall have the right to demand (i) the provision by the Event Organizer, upon the conclusion of the contract, of an appropriate advance payment or security in the form of a credit card guarantee or similar up to a maximum amount equaling 100% of the estimated total cost of the event, including rates for the rental of premises and the cost of food and beverages and, if applicable, accommodation, (ii) in justified cases (e.g. the Event Organizer is in arrears or the scope of Services is increased) an increase of the contractually agreed advance payment or security corresponding to the amount of the expected costs, and (iii) the provision by the Event Organizer of an appropriate advance payment or security at the commencement of, and during, the provision of Services by the Hotel to the extent such an advance payment or security has not already been provided in accordance with the aforesaid. The provision of security by way of a credit card guarantee, however, will be accepted by the Hotel only if the amount of security demanded by the Hotel does not exceed EUR 1,500. The Event Organizer shall provide such advance payment or security pursuant to item (i) above not later than 14 days (date of receipt) prior to commencing the use of the Hotel’s Services.

9. The Event Organizer shall have a right of offset against claims of the Hotel only if the Event Organizer’s claim is undisputed or has been finally determined by the courts.

IV. Non-use of the Hotel’s Services, rescission by the Event Organizer (cancellation)

1. Unless agreed otherwise in the contract, a rescission of the contract by the Event Organizer free of charge and/or a non-use of Services by the Event Organizer free of charge shall not be permitted. The Hotel shall have the right to make its consent to any request by the Event Organizer for a subsequent reduction of the agreed scope of Services subject to an increase of the prices payable for the Services of the Hotel. In the absence of the Hotel’s consent the Hotel shall have the right to charge the following amounts as “forfeit money” within the meaning of sec. 909 Civil Code in respect of the rented premises and other costs in connection with making available the Services:

• 50% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer not later than 30 days prior to the date on which the Services are to be provided;
• 60% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 29 and 14 days prior to the date on which the Services are to be provided;
• 70% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 13 and 8 days prior to the date on which the Services are to be provided;
• 80% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer less than 8 days prior to the date on which the Services are to be provided or if the agreed Services are not used.

2. Where food and beverages sales were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract (see above):

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.

In cases where the price for the meal or buffet had not yet been agreed the lowest-priced three-course meal or buffet in accordance with the list of available event services applicable at the time shall be used as the basis of calculation.

3. Where fixed daily rates for conventions were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract:

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.

4. The Event Organizer shall not be entitled to submit evidence that the Hotel suffered no damage as a result of the rescission or non-use of Services or that the damage suffered by the Hotel as a result of the rescission or non-use of Services was less than the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above.

5. Notwithstanding the provisions in sec. 909 Civil Code it is agreed that in the event of a rescission as described above the Hotel, in addition to the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above, shall be entitled to claim reimbursement for the following expenditures:

• any and all third-party costs incurred and paid by the Hotel (expecting the conclusion of the contract) and any and all down payments made by the Hotel to third-party providers;

and

• any and all cancellation fees charged by third-party providers relating to contractual duties undertaken by the Hotel to such third parties in connection with the conclusion of the contract.

6. The Hotel must be notified in writing of any rescission of the contract.

V. Rescission by the Hotel

1. To the extent the Event Organizer was granted the right to rescind the contract free of charge within a specific period the Hotel shall also be entitled to rescind the contract within such agreed period.

2. If the Event Organizer fails to timely provide an advance payment as agreed by the parties or as required under these Terms and Conditions the Hotel shall be entitled to rescind the contract. In addition, the Hotel shall have the right to raise claims for damages against the Event Organizer.

3. Furthermore, the Hotel shall have the right to rescind the contract with immediate effect for justified reasons without becoming liable to pay damages to the Event Organizer. Events deemed to constitute a justified reason shall include, inter alia, the following:

• if the Event Organizer and/or the Event Organizer’s Contractual Partner uses the rented premises in a substantially adverse manner, or through its reckless, indecent or otherwise grossly improper conduct towards the Hotel or its staff or the guests present at the Hotel or any third parties makes its presence annoying for the said persons or parties, or commits a punishable offence against any of the said persons or parties directed against their property or physical integrity or against public morals, whereby an attempt or reasonable suspicion shall be deemed sufficient for the purposes of this clause;
• if the performance of the contract is rendered impossible or unreasonable for the Hotel owing to an event of force majeure or any other circumstances not attributable to the Hotel;
• if in connection with the booking of Services misleading or incorrect information is supplied in respect of facts that are material to the contract, e.g. regarding the identity of the Event Organizer or the purpose of the Services;
• if the Hotel has reasonable cause to assume that the use of the Services may put the smooth operation of the business, the safety or the public reputation of the Hotel at risk, provided the causes of such risk are not attributable to the Hotel;
• if the purpose of or the reason for the event is illegal;
• if a violation of the provisions in sec. II.3 of these Terms and Conditions occurs;
• if the Hotel is closed not only on a temporary basis (i.e. for a period longer than 104 calendar days).

4. The Hotel shall forthwith notify the Event Organizer in writing of the rescission, however, not later than within 14 days from the day on which the reason becomes known. The Hotel’s right to claim compensation for any damage caused by the rescission and for the relevant wasted expenditure shall not be affected, provided the contract is terminated for a justified reason attributable to the Event Organizer’s fault.

VI. Number of participants, changing the number of participants, changing the time of the event

1. If the number of persons actually participating in the event is smaller than the agreed number of participants, any savings in expenditure that may result therefrom will not be refunded, subject to the provisions set out herein below.

2. Any change in the number of registered participants by more than 5% must be notified in writing and can be taken into account for purposes of invoicing only provided such notice is received by the banquet department of the Hotel not later than seven days prior to the beginning of the event. If the number of participants is reduced by more than 5% the original number of participants minus 5% will be used as the basis of calculation, notwithstanding timely notice to the Hotel.

3. Any increase in the number of participants by more than 5% shall be subject to the Hotel’s written consent. The Event Organizer shall have no right to demand such consent from the Hotel. In case of any increase in the number of participants the actual number of participants will be used as the basis of calculation for the invoiced amount.

4. If the number of participants differs by more than 10% the Hotel shall have the right to change the agreed premises, provided the new premises are of a size appropriate for the final number of participants as notified and correspond to the same standard of equipment.

5. If the agreed starting time or closing time of an event is changed without the prior written consent by the Hotel the Hotel shall be entitled to charge additional costs for making available the Services, unless the Hotel is culpably responsible for the change in the starting or closing time.

6. The booked premises shall be available to the Event Organizer only for the period of time agreed in writing. Any use beyond the agreed period shall be subject to the Hotel’s written consent and shall only be permitted for additional consideration.

7. If the time of an event is changed and as a result the event continues until after midnight the Hotel shall be entitled to charge an amount of EUR 1.50, plus VAT, per guest per hour in addition to any other increased consideration agreed for exceeding the planned timeframe of the event. The agreed number of participants shall be used as the basis of calculation.

8. It is not permitted to hold exhibitions in the foyer or lobby. Advertising materials may only be displayed subject to the Hotel’s prior written consent.

VII. Bringing food and beverages to an event

Food and beverages for events shall be supplied exclusively by the Hotel. Any exceptions must be agreed in writing. In such cases a fee for general expenses (corkage fee) shall be charged. The Hotel shall accept no liability for any food or beverages brought to the Hotel. The Event Organizer shall be fully liable for any food or beverages brought to the Hotel to be non-hazardous to health, and shall hold harmless and indemnify the Hotel from and against any relevant claims by third parties.

VIII. Technical equipment, connections

1. Unless agreed otherwise in any individual case, the agreed rates for the rental of premises shall only cover the provision of the premises but shall not include technical equipment, the electricity consumed by it, or any connection fees or charges. The Hotel shall be entitled to record and bill the electricity consumed at a flat rate.

2. If the Hotel obtains technical or other equipment for the Event Organizer from third parties the Hotel shall be deemed to act in the name and for the account of the Event Organizer. In such cases the Event Organizer shall indemnify the Hotel against any and all claims by third parties in connection with such technical or other equipment upon the first written request to do so. Any liability on the part of the Hotel for a failure to timely obtain such equipment or for any defects in the equipment so obtained shall be excluded.

3. Any use of the Event Organizer’s own electrical equipment or of electrical equipment of a third party acting on behalf of the Event Organizer using the Hotel’s power supply shall be subject to the Hotel’s prior written consent. The Event Organizer shall be liable for the operating safety of such equipment. Any malfunctions of or defects in the Hotel’s technical facilities caused by the use of such equipment shall be at the expense of the Event Organizer, provided such malfunctions or defects are not attributable to the Hotel.

4. Any malfunctions of or defects in the equipment provided by the Hotel shall be remedied to the extent it is possible for the Hotel to do so. The Event Organizer shall not have the right to raise any claims in this regard, unless the provision of such equipment was contractually agreed and the Hotel is guilty of extreme gross fault.

IX. Liability

1. The Event Organizer shall be liable to the Hotel for any damage culpably caused by the Event Organizer or by the Event Organizer’s Contractual Partner or by third parties attributable to the same, irrespective of the degree of fault. The Hotel shall have the right to demand that the Event Organizer provide adequate security (e.g. insurance policies, deposits, sureties, etc.) as coverage for the liability risk. The Event Organizer shall be liable to the Hotel for the payment of the relevant consideration for any additional services provided to the Event Organizer’s Contractual Partners or to third parties in connection with the event.

2. The Hotel shall be liable to consumers within the meaning of the Consumer Protection Act in accordance with the applicable legal provisions, whereby liability for slight negligence shall be excluded, excepting cases of personal injury.

3. The Hotel shall be liable to entrepreneurs exclusively in cases of intent or gross negligence, again excepting cases of personal injury. Any liability for lost profits, indirect damage, consequential damage and other financial losses shall be excluded, except in cases of intent or extreme gross negligence. The Hotel’s amount of liability towards entrepreneurs shall be limited to the value of the relevant consideration.

4. The exclusions and limitations of liability provided under these Terms and Conditions shall equally apply to the benefit of any and all enterprises employed by the Hotel in connection with the performance of its contractual duties, as well as such enterprises’ subcontractors and agents.

5. The Event Organizer shall notify the Hotel of the occurrence of any damage or of any performance of a Service that fails to comply with contractual agreements forthwith upon becoming aware thereof, failing which liability shall be excluded.

6. Any and all claims of the Event Manager against the Hotel out of or in connection with the relevant individual contract shall come under the statute of limitation after the expiry of six months from the day on which the performance of services commenced, irrespective of the time when the damage and the liable party became known.

7. Valuables, money or securities shall be deposited free of charge at the Hotel, failing which any liability on the part of the Hotel shall be excluded, provided the depositing of such items is not unreasonable. Any claim to compensation shall become void if the Hotel is not notified of the relevant damage forthwith upon its detection. The Hotel shall be entitled to refuse the acceptance of valuables, money or securities for depositing without giving a reason, in particular if the relevant items are considerably more valuable than the items usually deposited by Event Organizers.

X. Other duties of the Event Organizer

1. The Hotel does not provide insurance coverage for objects brought to the Hotel. The Event Organizer shall be solely responsible for taking out any required insurance. Any and all objects, transport packaging, re-packaging and other packaging materials brought to the Hotel shall be removed after the end of the event.

2. The employment of external security personnel shall be subject to the Hotel’s prior written consent.

3. If any rights of third parties (copyrights, etc.) are affected in connection with the event the Event Organizer shall, at its sole expense, obtain all relevant permissions prior to the event and directly pay all applicable fees. If nevertheless any claims for the payment of fees or for damages should be raised against the Hotel in connection with the aforesaid the Event Organizer shall indemnify the Hotel against any and all such claims for fees or damages.

4. Photographs for commercial purposes may be taken at the Hotel only subject to the Hotel’s prior written consent.

5. The Event Organizer shall, at its sole expense, obtain any and all official permits and submit the same to the Hotel no later than one week prior to the event, unless expressly agreed otherwise in writing. The Event Organizer shall be responsible for ensuring compliance with any and all relevant requirements under the applicable (regulatory) laws.

XI. Objects left behind

Any objects left behind by the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be deemed to have been deposited with the Hotel or to have been brought to the Hotel by the Event Organizer and/or the Event Organizer’s Contractual Partner, and shall be forwarded to the Event Organizer and/or the Event Organizer’s Contractual Partner only upon the latter’s request and at its risk and expense. The Hotel shall keep the objects for three months against reimbursement of costs or storage charges if stored with a third party. After such time any objects of apparent value will be handed over to the local lost and found office.

XII. Data protection

1. The Hotel shall comply with the privacy policy for guests available at http://privacy.hyatt.com (the “Privacy Policy”).

2. The Event Organizer warrants that the following provisions shall be complied with in connection with the guests present at the Hotel:

a) the guests will be advised of the Privacy Policy;

b) the Event Organizer shall obtain the guests’ consent regarding the disclosure of their personal data to the Hotel for the purposes described in the Privacy Policy;

c) the Event Organizer represents and warrants to the Hotel that the Event Organizer is authorized to

• disclose to the Hotel the personal data of the Event Organizer’s Contractual Partners (guests), and
• act on behalf of the Event Organizer’s Contractual Partners (guests) for the purposes set out in this section.

3. The Event Organizer expressly accepts and agrees that its personal data, including in particular its first name, surname, address, postal code, date of birth and information regarding its bank account, are collected, transmitted, processed and used both manually and electronically in connection with the exercise and performance by the Hotel and members of the Hyatt Group of any and all mutual rights and duties arising out of the contract concluded with the Event Organizer as well as for purposes of accounting, market research and marketing. The Event Organizer further expressly accepts and agrees that its personal data will be made available electronically to agents of the Hotel in connection with the exercise and performance of the mutual rights and duties. The Event Organizer expressly agrees that the electronic mail address supplied by it may be used by the Hotel for regularly forwarding the Hotel’s e-mail newsletter. The Event Organizer shall be entitled at any time to revoke its consent regarding the e-mail newsletter.

XIII. Final provisions

1. The place of performance and place of payment shall be Vienna.

2. The competent court for commercial matters in Vienna shall have exclusive jurisdiction, also for disputes relating to checks and bills of exchange.

3. The present or future invalidity of any individual provisions in these Terms and Conditions shall not affect the validity of the remaining provisions, and the parties undertake that in the place of the invalid provision they shall agree on a valid provision as closely as possible reflecting the (commercial) purpose and meaning of the invalid provision. In all other respects the relevant legal provisions shall apply.

4. These Terms and Conditions shall be governed by Austrian procedural and substantive law, whereby the applicability of the rules of international private law and of the UN Convention on Contracts for the International Sale of Goods shall be excluded.

GENERAL TERMS AND CONDITIONS (GTC) – Am Hof 2 Hotelbetriebs GmbH for EVENTS at Park Hyatt Vienna.

I. Scope of applicability

1. These General Terms and Conditions for events (hereinafter referred to as the “Terms and Conditions”) shall apply to the renting out of conference and banquet rooms and other event facilities for the purpose of holding events such as e.g. banquets, seminars, conventions, exhibitions, trade fairs, presentations, programs, etc. as well as all other associated services and supplies (hereinafter referred to as the “Services”) provided by Am Hof 2 Hotelbetriebs GmbH, FN 359620 d, with its place of business in Vienna (hereinafter referred to as the “Hotel”) to natural persons and/or legal entities, including consumers (hereinafter referred to as the “Event Organizer”).

2. These Terms and Conditions shall govern exclusively. Any conflicting, deviating or additional general terms and conditions of the Event Organizer shall not be acknowledged by the Hotel unless the Hotel expressly agrees in writing that they shall be applicable.

II. Conclusion of contract

1. The person who acts as principal towards the Hotel shall be deemed to be the Event Organizer; if such person is not the actual Event Organizer, the Event Organizer and the person acting as authorized representative shall be liable jointly and severally.

2. The contract shall be deemed to be concluded upon acceptance of the offer by way of the Hotel’s written acceptance of the Event Organizer’s booking.

3. Any subletting or re-letting of the provided premises to third parties against payment or making available of such premises for use by third parties free of charge or any use of such premises for purposes other than the agreed purpose of the Services shall be permitted only subject to the express prior written consent by the Hotel. If the Hotel grants its consent, the Event Organizer shall be obliged to impose any general obligations set out in the contract or in these Terms and Conditions on any third party to whom the Event Organizer makes available, in whichever manner, the relevant premises.

4. If the booking is made by a third party on behalf of the Event Organizer such third party shall be liable to the Hotel jointly and severally with the Event Organizer. In any such case, and notwithstanding the provision in the first sentence of sec. II.4, such third party shall expressly advise the Hotel of this circumstance in a timely manner, shall forward or hand over its written power of attorney for the conclusion of the contract in question, and shall inform the Hotel about the name and address of the actual contractual partner.

5. The use of the Hotel's name and of the logo both in general and in connection with specific meetings and/or events shall be subject to the prior written consent by the Hotel. If any such use occurs without the Hotel’s prior written consent the Hotel shall have the right to cancel the event. The right to raise claims in respect of any further damage shall not be affected by the aforesaid.

III. Services, prices, payment, offset

1. Subject to the provisions set out below, the Hotel shall be obliged to provide the agreed Services. The Event Organizer and the Event Organizer’s guests and/or contractual partners who are intended to use the Hotel’s premises pursuant to the intention of the Event Organizer (hereinafter referred to as the “Event Organizer’s Contractual Partners”) shall not have the right to demand the use of specific premises at the Hotel. The Hotel shall be entitled to provide appropriate alternative premises to the Event Organizer and/or the Event Organizer’s Contractual Partner if this is justified for practical reasons (e.g. also in the event of an overbooking that was not caused by gross negligence) and provided this is not entirely unacceptable for the Event Organizer and/or the Event Organizer’s Contractual Partner. The Hotel shall make available to the Event Organizer and/or the Event Organizer’s Contractual Partner transport from the Hotel to the alternative premises and return transport from the alternative premises to the Hotel free of charge. Beyond the aforesaid the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be entitled to any compensation for expenditures arising out of or in connection with the provision of such alternative premises. If (i) the Event Organizer or (ii) the Event Organizer’s Contractual Partner rejects such offer of alternative premises within five days of being notified accordingly by the Hotel, in the case described in item (i) above the contract with the Event Organizer and in the case described in item (ii) above the contract with the Event Organizer relating to the Event Organizer’s Contractual Partner shall be rescinded. If the offer is not so rejected the Event Organizer and/or the Event Organizer’s Contractual Partner shall be deemed to have accepted the offered alternative premises. The Hotel shall in any case be entitled to arrange for the provision of its Services through third parties.

2. The Event Organizer shall be obliged to pay the applicable and agreed prices charged by the Hotel, plus any and all taxes and public levies, for the provision of the agreed Services as well as all additional Services used. The aforesaid shall also apply in respect of supplies and services provided by third parties upon arrangement by the Event Organizer as well as any supplies and services provided by the Hotel to a third party in connection with the contract concluded between the Hotel and the Event Organizer.

3. If a fixed daily rate for conventions has been agreed such rate shall apply per calendar day per participant in the convention, unless agreed otherwise by the parties.

4. The agreed prices are indicated inclusive of the applicable statutory VAT as well as other taxes and levies. If the applicable rates of VAT or other taxes and/or levies for the contractual Services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly. In respect of Services that are subject to a municipal tax (e.g. culture tax, visitor’s tax, etc.) the Hotel shall be entitled to increase the relevant prices by the amount of such taxes. If the period of time between the conclusion of the contract and the agreed time of performance of the contract is longer than three months and the consideration generally charged by the Hotel for the Services has increased or decreased by the time of performance, the Hotel shall be entitled to increase the previously agreed price accordingly or the Event Organizer shall be entitled to demand a reduced price compared to the previously agreed price. In such a case the consideration shall be changed proportionately to the change of the Consumer Price Index 2010, published by STATISTIK Austria. The basis of calculation shall be the final index figure published for the month when the contract is concluded (= 100).

5. Unless any other terms of payment have been expressly agreed, the invoices issued by the Hotel shall become due for payment without deductions within ten days of the date of the invoice. The Hotel shall be entitled at any time to declare its accrued receivables to be due and payable. In the event of a default in payment the Hotel shall have the right to demand default interest irrespective of fault in the amount of 9.2 percentage points above the base rate p.a. for entrepreneurs and of 5 percentage points above the base rate p.a. for consumers within the meaning of the Consumer Protection Act. The Hotel shall have the right to evidence any further damage.

6. The Hotel shall be entitled to refuse the acceptance of foreign currencies, checks and credit cards. If the Event Organizer uses a credit card to pay for Services of the Hotel for which an advance payment is required (e.g. general bookings subject to advance payment or guaranteed bookings) without physically producing the credit card (e.g. via telephone, the Internet, etc.), the Event Organizer, in respect of its legal relationship with the Hotel, shall not be entitled to cancel the relevant payment with the credit card company.

7. In order to secure its claims out of the accommodation and/or event contract and in connection with catering and other expenses, the Hotel shall be entitled vis-à-vis the Event Organizer and the Event Organizer’s Contractual Partner to exercise the statutory right of retention pursuant to sec. 970c Civil Code and the statutory lien pursuant to sec. 1101 Civil Code in respect of the objects brought to the Hotel by the Event Organizer and the Event Organizer’s Contractual Partner.

8. The Hotel shall have the right to demand (i) the provision by the Event Organizer, upon the conclusion of the contract, of an appropriate advance payment or security in the form of a credit card guarantee or similar up to a maximum amount equaling 100% of the estimated total cost of the event, including rates for the rental of premises and the cost of food and beverages and, if applicable, accommodation, (ii) in justified cases (e.g. the Event Organizer is in arrears or the scope of Services is increased) an increase of the contractually agreed advance payment or security corresponding to the amount of the expected costs, and (iii) the provision by the Event Organizer of an appropriate advance payment or security at the commencement of, and during, the provision of Services by the Hotel to the extent such an advance payment or security has not already been provided in accordance with the aforesaid. The provision of security by way of a credit card guarantee, however, will be accepted by the Hotel only if the amount of security demanded by the Hotel does not exceed EUR 1,500. The Event Organizer shall provide such advance payment or security pursuant to item (i) above not later than 14 days (date of receipt) prior to commencing the use of the Hotel’s Services.

9. The Event Organizer shall have a right of offset against claims of the Hotel only if the Event Organizer’s claim is undisputed or has been finally determined by the courts.

IV. Non-use of the Hotel’s Services, rescission by the Event Organizer (cancellation)

1. Unless agreed otherwise in the contract, a rescission of the contract by the Event Organizer free of charge and/or a non-use of Services by the Event Organizer free of charge shall not be permitted. The Hotel shall have the right to make its consent to any request by the Event Organizer for a subsequent reduction of the agreed scope of Services subject to an increase of the prices payable for the Services of the Hotel. In the absence of the Hotel’s consent the Hotel shall have the right to charge the following amounts as “forfeit money” within the meaning of sec. 909 Civil Code in respect of the rented premises and other costs in connection with making available the Services:

• 50% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer not later than 30 days prior to the date on which the Services are to be provided;
• 60% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 29 and 14 days prior to the date on which the Services are to be provided;
• 70% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer between 13 and 8 days prior to the date on which the Services are to be provided;
• 80% of the consideration for the Services (excepting food and beverages sales and fixed daily rates for conventions, cf. below) if the contract is rescinded by the Event Organizer less than 8 days prior to the date on which the Services are to be provided or if the agreed Services are not used.

2. Where food and beverages sales were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract (see above):

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed food and beverages sales as “forfeit money” within the meaning of sec. 909 Civil Code.

In cases where the price for the meal or buffet had not yet been agreed the lowest-priced three-course meal or buffet in accordance with the list of available event services applicable at the time shall be used as the basis of calculation.

3. Where fixed daily rates for conventions were agreed, the following prorated amounts will be charged for the same in the event of a rescission of the contract:

• If the Event Organizer rescinds the contract not later than 30 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 50% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 29 and 14 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 60% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract between 13 and 8 days prior to the date on which the Services are to be provided the Hotel shall be entitled to charge an amount equaling 70% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.
• If the Event Organizer rescinds the contract less than 8 days prior to the date on which the Services are to be provided or if the Services are not used the Hotel shall be entitled to charge an amount equaling 80% of the agreed fixed daily rate for conventions per participant per calendar day as “forfeit money” within the meaning of sec. 909 Civil Code.

4. The Event Organizer shall not be entitled to submit evidence that the Hotel suffered no damage as a result of the rescission or non-use of Services or that the damage suffered by the Hotel as a result of the rescission or non-use of Services was less than the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above.

5. Notwithstanding the provisions in sec. 909 Civil Code it is agreed that in the event of a rescission as described above the Hotel, in addition to the amounts of “forfeit money” set out in subsecs. 1, 2 and 3 above, shall be entitled to claim reimbursement for the following expenditures:

• any and all third-party costs incurred and paid by the Hotel (expecting the conclusion of the contract) and any and all down payments made by the Hotel to third-party providers;

and

• any and all cancellation fees charged by third-party providers relating to contractual duties undertaken by the Hotel to such third parties in connection with the conclusion of the contract.

6. The Hotel must be notified in writing of any rescission of the contract.

V. Rescission by the Hotel

1. To the extent the Event Organizer was granted the right to rescind the contract free of charge within a specific period the Hotel shall also be entitled to rescind the contract within such agreed period.

2. If the Event Organizer fails to timely provide an advance payment as agreed by the parties or as required under these Terms and Conditions the Hotel shall be entitled to rescind the contract. In addition, the Hotel shall have the right to raise claims for damages against the Event Organizer.

3. Furthermore, the Hotel shall have the right to rescind the contract with immediate effect for justified reasons without becoming liable to pay damages to the Event Organizer. Events deemed to constitute a justified reason shall include, inter alia, the following:

• if the Event Organizer and/or the Event Organizer’s Contractual Partner uses the rented premises in a substantially adverse manner, or through its reckless, indecent or otherwise grossly improper conduct towards the Hotel or its staff or the guests present at the Hotel or any third parties makes its presence annoying for the said persons or parties, or commits a punishable offence against any of the said persons or parties directed against their property or physical integrity or against public morals, whereby an attempt or reasonable suspicion shall be deemed sufficient for the purposes of this clause;
• if the performance of the contract is rendered impossible or unreasonable for the Hotel owing to an event of force majeure or any other circumstances not attributable to the Hotel;
• if in connection with the booking of Services misleading or incorrect information is supplied in respect of facts that are material to the contract, e.g. regarding the identity of the Event Organizer or the purpose of the Services;
• if the Hotel has reasonable cause to assume that the use of the Services may put the smooth operation of the business, the safety or the public reputation of the Hotel at risk, provided the causes of such risk are not attributable to the Hotel;
• if the purpose of or the reason for the event is illegal;
• if a violation of the provisions in sec. II.3 of these Terms and Conditions occurs;
• if the Hotel is closed not only on a temporary basis (i.e. for a period longer than 104 calendar days).

4. The Hotel shall forthwith notify the Event Organizer in writing of the rescission, however, not later than within 14 days from the day on which the reason becomes known. The Hotel’s right to claim compensation for any damage caused by the rescission and for the relevant wasted expenditure shall not be affected, provided the contract is terminated for a justified reason attributable to the Event Organizer’s fault.

VI. Number of participants, changing the number of participants, changing the time of the event

1. If the number of persons actually participating in the event is smaller than the agreed number of participants, any savings in expenditure that may result therefrom will not be refunded, subject to the provisions set out herein below.

2. Any change in the number of registered participants by more than 5% must be notified in writing and can be taken into account for purposes of invoicing only provided such notice is received by the banquet department of the Hotel not later than seven days prior to the beginning of the event. If the number of participants is reduced by more than 5% the original number of participants minus 5% will be used as the basis of calculation, notwithstanding timely notice to the Hotel.

3. Any increase in the number of participants by more than 5% shall be subject to the Hotel’s written consent. The Event Organizer shall have no right to demand such consent from the Hotel. In case of any increase in the number of participants the actual number of participants will be used as the basis of calculation for the invoiced amount.

4. If the number of participants differs by more than 10% the Hotel shall have the right to change the agreed premises, provided the new premises are of a size appropriate for the final number of participants as notified and correspond to the same standard of equipment.

5. If the agreed starting time or closing time of an event is changed without the prior written consent by the Hotel the Hotel shall be entitled to charge additional costs for making available the Services, unless the Hotel is culpably responsible for the change in the starting or closing time.

6. The booked premises shall be available to the Event Organizer only for the period of time agreed in writing. Any use beyond the agreed period shall be subject to the Hotel’s written consent and shall only be permitted for additional consideration.

7. If the time of an event is changed and as a result the event continues until after midnight the Hotel shall be entitled to charge an amount of EUR 1.50, plus VAT, per guest per hour in addition to any other increased consideration agreed for exceeding the planned timeframe of the event. The agreed number of participants shall be used as the basis of calculation.

8. It is not permitted to hold exhibitions in the foyer or lobby. Advertising materials may only be displayed subject to the Hotel’s prior written consent.

VII. Bringing food and beverages to an event

Food and beverages for events shall be supplied exclusively by the Hotel. Any exceptions must be agreed in writing. In such cases a fee for general expenses (corkage fee) shall be charged. The Hotel shall accept no liability for any food or beverages brought to the Hotel. The Event Organizer shall be fully liable for any food or beverages brought to the Hotel to be non-hazardous to health, and shall hold harmless and indemnify the Hotel from and against any relevant claims by third parties.

VIII. Technical equipment, connections

1. Unless agreed otherwise in any individual case, the agreed rates for the rental of premises shall only cover the provision of the premises but shall not include technical equipment, the electricity consumed by it, or any connection fees or charges. The Hotel shall be entitled to record and bill the electricity consumed at a flat rate.

2. If the Hotel obtains technical or other equipment for the Event Organizer from third parties the Hotel shall be deemed to act in the name and for the account of the Event Organizer. In such cases the Event Organizer shall indemnify the Hotel against any and all claims by third parties in connection with such technical or other equipment upon the first written request to do so. Any liability on the part of the Hotel for a failure to timely obtain such equipment or for any defects in the equipment so obtained shall be excluded.

3. Any use of the Event Organizer’s own electrical equipment or of electrical equipment of a third party acting on behalf of the Event Organizer using the Hotel’s power supply shall be subject to the Hotel’s prior written consent. The Event Organizer shall be liable for the operating safety of such equipment. Any malfunctions of or defects in the Hotel’s technical facilities caused by the use of such equipment shall be at the expense of the Event Organizer, provided such malfunctions or defects are not attributable to the Hotel.

4. Any malfunctions of or defects in the equipment provided by the Hotel shall be remedied to the extent it is possible for the Hotel to do so. The Event Organizer shall not have the right to raise any claims in this regard, unless the provision of such equipment was contractually agreed and the Hotel is guilty of extreme gross fault.

IX. Liability

1. The Event Organizer shall be liable to the Hotel for any damage culpably caused by the Event Organizer or by the Event Organizer’s Contractual Partner or by third parties attributable to the same, irrespective of the degree of fault. The Hotel shall have the right to demand that the Event Organizer provide adequate security (e.g. insurance policies, deposits, sureties, etc.) as coverage for the liability risk. The Event Organizer shall be liable to the Hotel for the payment of the relevant consideration for any additional services provided to the Event Organizer’s Contractual Partners or to third parties in connection with the event.

2. The Hotel shall be liable to consumers within the meaning of the Consumer Protection Act in accordance with the applicable legal provisions, whereby liability for slight negligence shall be excluded, excepting cases of personal injury.

3. The Hotel shall be liable to entrepreneurs exclusively in cases of intent or gross negligence, again excepting cases of personal injury. Any liability for lost profits, indirect damage, consequential damage and other financial losses shall be excluded, except in cases of intent or extreme gross negligence. The Hotel’s amount of liability towards entrepreneurs shall be limited to the value of the relevant consideration.

4. The exclusions and limitations of liability provided under these Terms and Conditions shall equally apply to the benefit of any and all enterprises employed by the Hotel in connection with the performance of its contractual duties, as well as such enterprises’ subcontractors and agents.

5. The Event Organizer shall notify the Hotel of the occurrence of any damage or of any performance of a Service that fails to comply with contractual agreements forthwith upon becoming aware thereof, failing which liability shall be excluded.

6. Any and all claims of the Event Manager against the Hotel out of or in connection with the relevant individual contract shall come under the statute of limitation after the expiry of six months from the day on which the performance of services commenced, irrespective of the time when the damage and the liable party became known.

7. Valuables, money or securities shall be deposited free of charge at the Hotel, failing which any liability on the part of the Hotel shall be excluded, provided the depositing of such items is not unreasonable. Any claim to compensation shall become void if the Hotel is not notified of the relevant damage forthwith upon its detection. The Hotel shall be entitled to refuse the acceptance of valuables, money or securities for depositing without giving a reason, in particular if the relevant items are considerably more valuable than the items usually deposited by Event Organizers.

X. Other duties of the Event Organizer

1. The Hotel does not provide insurance coverage for objects brought to the Hotel. The Event Organizer shall be solely responsible for taking out any required insurance. Any and all objects, transport packaging, re-packaging and other packaging materials brought to the Hotel shall be removed after the end of the event.

2. The employment of external security personnel shall be subject to the Hotel’s prior written consent.

3. If any rights of third parties (copyrights, etc.) are affected in connection with the event the Event Organizer shall, at its sole expense, obtain all relevant permissions prior to the event and directly pay all applicable fees. If nevertheless any claims for the payment of fees or for damages should be raised against the Hotel in connection with the aforesaid the Event Organizer shall indemnify the Hotel against any and all such claims for fees or damages.

4. Photographs for commercial purposes may be taken at the Hotel only subject to the Hotel’s prior written consent.

5. The Event Organizer shall, at its sole expense, obtain any and all official permits and submit the same to the Hotel no later than one week prior to the event, unless expressly agreed otherwise in writing. The Event Organizer shall be responsible for ensuring compliance with any and all relevant requirements under the applicable (regulatory) laws.

XI. Objects left behind

Any objects left behind by the Event Organizer and/or the Event Organizer’s Contractual Partner shall not be deemed to have been deposited with the Hotel or to have been brought to the Hotel by the Event Organizer and/or the Event Organizer’s Contractual Partner, and shall be forwarded to the Event Organizer and/or the Event Organizer’s Contractual Partner only upon the latter’s request and at its risk and expense. The Hotel shall keep the objects for three months against reimbursement of costs or storage charges if stored with a third party. After such time any objects of apparent value will be handed over to the local lost and found office.

XII. Data protection

1. The Hotel shall comply with the privacy policy for guests available at http://privacy.hyatt.com (the “Privacy Policy”).

2. The Event Organizer warrants that the following provisions shall be complied with in connection with the guests present at the Hotel:

a) the guests will be advised of the Privacy Policy;

b) the Event Organizer shall obtain the guests’ consent regarding the disclosure of their personal data to the Hotel for the purposes described in the Privacy Policy;

c) the Event Organizer represents and warrants to the Hotel that the Event Organizer is authorized to

• disclose to the Hotel the personal data of the Event Organizer’s Contractual Partners (guests), and
• act on behalf of the Event Organizer’s Contractual Partners (guests) for the purposes set out in this section.

3. The Event Organizer expressly accepts and agrees that its personal data, including in particular its first name, surname, address, postal code, date of birth and information regarding its bank account, are collected, transmitted, processed and used both manually and electronically in connection with the exercise and performance by the Hotel and members of the Hyatt Group of any and all mutual rights and duties arising out of the contract concluded with the Event Organizer as well as for purposes of accounting, market research and marketing. The Event Organizer further expressly accepts and agrees that its personal data will be made available electronically to agents of the Hotel in connection with the exercise and performance of the mutual rights and duties. The Event Organizer expressly agrees that the electronic mail address supplied by it may be used by the Hotel for regularly forwarding the Hotel’s e-mail newsletter. The Event Organizer shall be entitled at any time to revoke its consent regarding the e-mail newsletter.

XIII. Final provisions

1. The place of performance and place of payment shall be Vienna.

2. The competent court for commercial matters in Vienna shall have exclusive jurisdiction, also for disputes relating to checks and bills of exchange.

3. The present or future invalidity of any individual provisions in these Terms and Conditions shall not affect the validity of the remaining provisions, and the parties undertake that in the place of the invalid provision they shall agree on a valid provision as closely as possible reflecting the (commercial) purpose and meaning of the invalid provision. In all other respects the relevant legal provisions shall apply.

4. These Terms and Conditions shall be governed by Austrian procedural and substantive law, whereby the applicability of the rules of international private law and of the UN Convention on Contracts for the International Sale of Goods shall be excluded.