General terms and conditions
For corporate functions and events
for corporate functions and events for Silvretta Montafon Holding GmbH and its subsidiaries and group companies (hereinafter referred to as “SIMO”), Silvrettaplatz 1, 6780 Schruns
Silvretta Montafon Holding GmbH (SIMO) shall provide its services for corporate functions/events exclusively on the basis of the following General Terms and Conditions (T&Cs). These shall apply to all legal relationships between Silvretta Montafon GmbH and the Customer, even if not expressly referred to.
1.1 The Customer shall be obliged to pay the applicable prices to SIMO for the services offered (or agreed) and any other services used. This shall also apply for services commissioned from third parties by the Customer directly or through SIMO, which are paid for by SIMO on behalf of the Customer.
1.2 SIMO is authorized to add a service charge, in addition to the payments owed in accordance with point , of 10% of the total payments owed according to point 1.1.
1.3 Furthermore, the Customer shall be liable for the payment of all food and drink ordered by event attendees as well as for any other costs generated by the event attendees. This shall also apply if guests are booked in as “self-payers”.
1.4 The agreed prices include the taxes applicable at the time of entering into the contract.
1.5 Upon conclusion of the contract, SIMO shall be entitled to request a suitable advance payment from the Customer at any time. The amount of the advance payment and the dates of payment may be agreed in the contract in writing. The statutory regulations shall apply in the event that the Customer is in default of payment.
1.6 Invoices issued by SIMO shall be payable within seven days of receipt of invoice, without deductions.
2. Withdrawal (cancellation, revocation)
2.1 The Customer shall only be entitled to withdraw from the contract concluded with SIMO without incurring any costs if SIMO agrees to the cancellation of the contract in writing. Otherwise, the following cancellation fees shall be charged:
- In the event of cancellations between 30 and 7 days prior to the start of the event, 10% of the total event costs will be charged as a cancellation fee.
- In the event of cancellations up to 7 days prior to the start of the event, 50% of the total event costs will be charged as a cancellation fee.
- In the event of cancellations up to 3 days prior to the start of the event, 80% of the total event costs will be charged as a cancellation fee.
2.2 Cancellation by the Customer must take place in writing.
2.3 In the event of cancellations of services provided by third parties (e.g. hotels, Hutner Training AG), the withdrawal provisions of those service providers shall apply.
3. Changes to number of attendees and event time
3.1 The number of attendees must be communicated to SIMO no later than 14 days prior to the start of the event.
3.2 A change to the number of attendees of more than 5% must be communicated to SIMO five working days prior to the start of the event. SIMO shall only be obliged to provide services beyond this tolerance limit if it agrees to this in writing.
3.3 If the number of attendees at the start of the event is lower than the number communicated, SIMO shall provide its services on the basis of the attendance number originally communicated to account for any otherwise wasted expenditure. If the number of attendees at the start of the event is higher than the number communicated, SIMO shall charge its services on the basis of the actual number of attendees.
3.4 If the agreed start and end times of the event change and SIMO agrees to those changes, SIMO shall be entitled to submit an appropriate invoice for this additional commitment, unless SIMO is responsible.
4. Food and drink
In principle, food and drink may not be brought to the event. In certain cases, a specific arrangement may be made; this arrangement must be agreed with SIMO in writing. In those cases, the Customer will be charged a fee to cover overheads.
5. Liability of the customer for damage
5.1 The Customer shall be liable for all damage (including consequential damage) caused by the Customer itself, by individuals commissioned or employed by it, by its representatives and by its visitors or guests, irrespective of who suffers the loss. This shall also apply in the event of damage to the building and inventory arising during the event.
5.2 The Customer shall require the written consent of SIMO to use SIMO’s power supply for its own electrical equipment. The Customer shall be liable for any faults or damage to technical equipment belonging to SIMO arising as a result of using its own devices, unless SIMO is responsible for these. Electricity costs arising from this usage shall be recorded and charged by SIMO in one lump sum.
5.3 Faults on technical or other facilities provided by SIMO shall be rectified immediately, where possible. Payments may not be withheld or reduced, unless SIMO is responsible for those faults.
5.4 The Customer shall indemnify and hold SIMO fully harmless against all damage pursuant to 5.1 and 5.2.
The warranty shall be excluded if the Customer is an entrepreneur.
7. Withdrawal of consumers
As a consumer, the Customer shall not be entitled to withdraw from contracts that have already been concluded (Section 18 (1) (10) of the Austrian Law governing non-face-to-face business and contracts concluded outside of business premises [FAGG] in conjunction with Section (3) (3) (4) of the Austrian Consumer Protection Law [KSchG]).
8. Force majeure
In the event that weather and snow conditions, official measures, force majeure or the non-commissioning of mountain cableways and ski lifts or other reasons of public order and security prevent the services from being performed, SIMO shall not be obliged to fulfill services that have already been ordered. In this case, the Customer shall have no claim for reimbursement of fees already paid. In such cases, SIMO shall endeavor to provide a replacement program. Fees that have already been paid for services affected by the foregoing circumstances shall not be reimbursed.
9. Customer insurance, SIMO exclusion of liability
Customers shall take out a suitable level of insurance. The liability of the ski school or of SIMO for material damage and financial loss caused as a result of negligence shall be excluded. SIMO recommends that all customers take out an accident and liability insurance policy before beginning the course.
10. Final provisions
10.1 Austrian law shall apply. It is hereby agreed that the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the competent Austrian court at the location of the SIMO offices. If the Customer is a consumer, that place of jurisdiction shall only be deemed to have been agreed if the Customer has its domicile, usual residence or place of employment in the district of that court.
10.2 In the event that individual provisions of the contract (including the T&Cs) are or become wholly or partially ineffective, the validity of the remaining provisions shall not be affected by this. The wholly or partially ineffective provision shall be replaced by a provision that corresponds as closely as possible in its economic success to that of the ineffective provision.
10.3 Ancillary agreements to the order or to these T&Cs, as well as any amendment, must be laid down in writing in order to be effective.