General terms and conditions for rental and use
Grazer Congress Gesellschaft m.b.H., Albrechtgasse 1, A-8010 Graz, is hereinafter referred to as "the Company".
1.0 Services, invoicing and payment terms
1.1 The tenancy confers on the organiser the right to the joint use of the common entrances, and the halls/rooms (rented space), furnishings and equipment specified in the agreement, for the conduct of the event. The organiser is entitled only to the main and supplementary services specified in the estimate. Supplementary services are provided by special agreement only, subject to availability. Use exceeding the agreed periods is subject to additional charges. Each hour commenced is charged at the full hourly rate.
1.2 The hall rental includes: heating, basic lighting and use of any general ventilation systems, basic furnishings and equipment, and normal cleaning services.
1.3 The personnel required for conduct of the event, in particular, the hall caretaker, safety and security staff, is prescribed by the Company. These services are separately invoiced.
1.4 The premises rented are not deemed to have been vacated until the last user, delegate or visitor has left.
1.5 Objects may not be brought on to the premises before the commencement of the tenancy. If the tenant brings goods on to the premises prior to commencement of the tenancy the Company is entitled to make additional charges for storage thereof.
1.6 Complaints regarding invoiced services are only entertained if received within 14 days of receipt of the invoice.
1.7 The Company is entitled to require payment on account of 50% of the net space rental (net of all other charges) plus VAT.
1.8 The Company is, further, entitled to require remittance by the tenant of the entire space rental plus VAT, less any payments on account, to an account specified by itself, one month before commencement of the event. If so required by the Company, allocation of the premises to the tenant and holding of the event by the same are conditional on receipt of the entire space rental plus VAT on the account specified by the Company not later than one month before commencement of the event.
In the event that the full space rental and VAT payable do not reach the Company’s account by the said date, the tenant has no entitlement whatsoever to hold the event on the Company’s premises, or to any compensation or refund of amounts paid on account. The tenant shall also pay the 1% stamp duty on the tenancy agreement which shall be added to the amount invoiced.
1.9 Final calculation of the rental and charges for supplementary services, and value added tax payable, takes place not later than six weeks after the event. The balance arising from the final rendering of accounts is due within 14 days of the invoice date or, if negative, is refunded by the Company to an account specified by the tenant.
1.10 Interest of 12% p.a. is payable on overdue accounts.
2.0 Termination
2.1 The Company is entitled to terminate the agreement without notice if:
a) The tenant is in default of its financial obligations;
b) The necessary official permits have not been issued or are not submitted to the Company, or the authorities prohibit the event;
c) It becomes known to the Company that the planned event would contravene the agreements made with it or existing legal regulations, or that there are reasons to fear a breach of the peace or a threat to public safety.
d) The Company is compelled by acts of God or other reasons beyond its control to close and/or vacate one or more areas or all of the event facilities temporarily or for an extended period.
e) Bankruptcy or composition proceedings are instituted against the tenant.
2.2 Termination by the tenant, cancellation conditions
The Company is entitled to charge the tenant 50% of the net space rental plus VAT if the agreement is terminated by the tenant up to one year before commencement of the event, 75% if cancellation takes place up to six months before commencement and 100% if it takes place up to one month before commencement.
If cancellation occurs less than one month before commencement of the event the Company is entitled to charge the tenant 100% of the full price including VAT.
In addition, the tenant shall reimburse all expenses incurred by the Company.
Legal action to mitigate the cancellation fee is excluded by mutual agreement of the parties.
3.0 Use:
3.1 The premises rented by the organiser are the halls/rooms indicated in the floor plan contained in the schedule of services for the event named by the tenant.
3.2 No objects of any kind whatsoever may be set up without special permission of the Company. It is normally prohibited to mount objects of any kind whatsoever on the walls. However, items may be attached to the walls by special agreement with the Company, for an additional charge, in areas provided for this purpose, provided that no damage is done to the premises.
3.3 The organiser shall, without notice, abide by all official regulations governing its use of the premises, and shall be in possession of the necessary official permits at least one week before commencement of the event, or furnish proof that it has applied for such permits. The Company is entitled to investigate fulfilment of the conditions for holding the event and, if there is an unrectifiable defect or the conditions are not met within the above period, may terminate the agreement with immediate effect.
3.4 The event may only be carried out in the contractually agreed form and manner. Instructions issued by Company staff members responsible for the event shall be followed. The organiser is not entitled to issue direct instructions to employees of the Company. The organiser shall ensure that persons present on the Company's premises in connection with its event adhere to the agreements, treat the furnishings and equipment with due care, and use them only for their intended purposes. No highly inflammable objects (e.g. paper clothing, decorations or spray cans) and no objects conflicting with the purpose of the event or the agreements may be brought on to the premises. Coats, etc. shall be deposited in the cloakroom. The Company is entitled to carry out inspections at any time and to remove objects. Exhibits may not be so displayed that they give rise to fire or other safety hazards. Access to the corridors, stairways, escape routes, emergency exits, emergency lighting and fire extinguishers may not be obstructed, and they may not be concealed. In the event of infringements of these conditions the Company is entitled to terminate the agreement immediately and also to interrupt an event in progress. Persons infringing these conditions may be ejected from the premises.
3.5 Written, graphical or other signage referring to the Company or the venue and event programme shall be agreed with the Company. It may only contain designations or written descriptions of the event contained in the estimate or otherwise agreed in writing. In the event of non-compliance the display of such materials may be prohibited, and they may be removed at the expense of the organiser.
3.6 Alterations to hall furnishings and equipment, or the installation or modification of technical installations of any kind require the Company’s consent.
Bringing technical equipment on to the premises for events is generally prohibited. Only if special technical equipment that cannot be provided by the Company is necessary for an event may the tenant use its own equipment after obtaining permission from the Company.
3.7 Provisional wiring and installations by the organiser must conform to the applicable regulations. All related installation and removal costs shall be borne by the organiser. The Company may at any time require that the work be performed by persons and companies nominated by it at the expense of the organiser. The premises must be vacated by the end of the tenancy. If the premises are not vacated in a timely manner, they may be cleared and goods placed in storage by the Company at the expense of the organiser.
3.8 The distribution of goods, advertising, food, flowers, and other items requires the agreement of the Company. Catering services must be provided by the Company's contractors. . It is prohibited to bring food and drink on to the premises. Professional photography requires the permission of the Company. Professional photography and filming without the Company’s consent is likewise prohibited. Professional photography and filming or any other commercial or artistic activities performed for payment require a separate agreement with the Company and an additional charge will be made for them.
3.9 Registration with and payments to the Austrian Copyright Society (AKM) and all other official taxes and fees are the sole responsibility of the organiser. Sound and other recordings, particularly by the Austrian Broadcasting Corporation (ORF) and other television and radio stations, require the Company’s prior written agreement. The Company reserves the right make recording conditional upon payment of additional charges by the organiser; such financial compensation is subject to negotiation on a case by case basis.
3.10 The office and opening hours of the Company shall be adhered to.
3.11 The Company is entitled to conduct guided tours and inspections during the event provided that no disturbance is caused.
3.12 The tenant/organiser is/are liable to the Company for compliance with all contractual agreements, and shall hold harmless and indemnify the Company in respect thereof.
4.0 Liability of the organiser
4.1 In the event that there are a number of co-organisers they shall be jointly and severally liable.
4.2 The organiser is also liable for compliance with the agreements by third parties and for the good behaviour of all persons entering the building in connection with its event, as well as for any wilful damage or soiling, particularly damage caused by infringement of the relevant local, building, fire, trade licensing, event and other regulations applying to exhibitors and organisers. The Company shall be held harmless and indemnified by the tenant in respect of all the above. Repair and other costs are charged separately. The tenant bears the entire risk associated with the event conducted by it, including the risks associated with preparations for assembly, the event itself and dismantling. The tenant is liable for all damage resulting in loss to itself, including consequential damage caused by its contractors, employees or agents, visitors or guests. This applies, in particular, to:
a) damage to buildings and inventory arising from the event;
b) damage arising from the carriage of goods into the building, and during assembling and dismantling work;
c) all consequences of exceeding the agreed number of attendees;
d) all losses arising from clearance carried out late or in contravention of the agreement — particularly where these relate to the impossibility of letting facilities or to the partial loss of rental income — including damages for injury to reputation and creditworthiness.
4.3 The organiser is liable for any loss of furnishings and technical equipment provided. In case of loss the replacement value shall be reimbursed to the Company.
4.4 By accepting the premises and equipment specified by the agreement the organiser acknowledges that they are handed over in a fit state. Any damage reports shall be made in writing.
4.5 The organiser is liable for ensuring that all work performed by it is carried out by competent and appropriately trained persons, and that no damage to property or injury to persons is caused thereby. In particular, it assumes liability for any accidents arising from the event involving its employees or contractors, or persons attending the event. It shall hold harmless and indemnify the Company therefor.
4.6 The organiser shall at all times offer any explanations requested by the Company or its representatives and allow full inspection of the event documentation.
4.7 The Company is entitled, in the event of gross violations of contractual agreements, in particular if warnings are ignored, to terminate such agreements immediately at any time. In all cases of the breach or termination of agreements the organiser shall be liable for the entire cost of the event and the agreed compensation therefor, as well as for any other damages. In cases of damage to property assessment thereof by a sworn assessor is sufficient basis for a claim for damages.
5.0 Liability of the Company
5.1 The Company bears no liability for goods brought on to the premises by the organiser or other persons. Liability for visitors' possessions is accepted only if entrusted to the cloakroom for payment during opening hours.
5.2 The liability of the Company is limited to absolute legal liability.
5.3 The organiser shall have no claim to services not contained in the estimate (contract).
6.0 Place of performance and jurisdiction
All agreements shall be construed and interpreted in accordance with the laws of Austria. Place of performance in respect of any liabilities whatsoever arising from any title whatsoever is Graz. Pursuant to section 104 Austrian Jurisdiction Act, the competent court in Graz has jurisdiction in any dispute. However the Company is entitled to institute proceedings against the tenant in the latter’s jurisdiction.
7.0 General conditions
7.1 The tenant may not prevent employees, contractors and agents of the Company or authorised officials from carrying out their duties.
7.2 All taxes, fees, duties, costs and similar expenses arising from the tenancy agreement shall be borne by the organiser. The latter shall be responsible for making the necessary declarations. The Company may, of its own accord, submit all agreements to the authorities.
7.3 The organiser shall hold harmless and indemnify the Company for any damage resulting from illegal actions.
7.4 All agreements concerning services provided by the Company are legally binding only when set down in writing.
7.5 All documents shall be executed with a corporate signature. In so doing the signatories accept personal liability for adherence to the contractual agreements and for any damage claims arising from invalid signatures or breach of contract.
7.6 Forthcoming events may not be announced on the Company's premises until the relevant tenancy agreements have been legally executed.
7.7 Should the provision of a bureau de change or other banking facilities be desired, these services may only be provided by Steiermärkische Bank und Sparkassen AG, Graz.