GTC

General terms and conditions provided by DO & CO Restaurants Ltd.(hereinafter called PLATINUM).

This English language document is a translation from the German original made for the convenience of foreign participants. In the event of any dispute as to the interpretation of any of the conditions herein, the official German version shall prevail. The German version of these General Terms and Conditions by PLATINUM VIENNA can be viewed at www.platinum-events.at/German version of this web Page.

1. SCOPE AND ACCEPTANCE
1.1. These General Terms and Conditions shall be applicable to all single agreements between PLATINUM and the respective contracting party in respect to the use of the premises at the PLATINUM VIENNA and all services and supplies provided by PLATINUM involved.
1.2. The event booking shall be in writing and shall include the business address of the contracting party as well as the invoice address. In the event that the booking is made on oral agreement, a written event booking shall be filed subsequently in best time. Only as a written confirmation the booking shall be binding. A confirmation of order, signed by both contracting parties (acceptance of order) shall conclude the single agreement.

2. GENERAL TERMS OF USE
2.1. PLATINUM will provide the premises in the PLATINUM VIENNA as defined in the written single agreement and the confirmation of order respectively.
2.2. The contracting party may use the premises for the limited time and purpose as stipulated in the agreement.
2.3. PLATINUM assumes that the premises including infrastructure, furniture and equipment are in good order and condition upon delivery, unless PLATINUM is notified about damages to premises and property prior to the event. Damages and losses must be specified in writing prior to the event.
2.4. Without the written consent of PLATINUM the contracting party is not permitted to carry out modifications of any kind on premises or equipment. In the event PLATINUM should agree to modifications, the contracting party shall assume any costs arising hereof. When returning the premises the contracting party shall reinstate the previous condition. Any costs for repair or replacement arising shall be assumed by the contracting party.
2.5. The contracting party shall be responsible for the careful and accurate treatment of premises and equipment. Taking into account fair wear and tear, premises and equipment are to be returned in the same condition as they were when handed over.
2.6. Any equipment over and above that permanently held on Page, including, but not limited to furniture and fixtures, technical equipment, platforms, decoration, flower arrangements, proprietary to the contracting party or hired in from an external supplier, may only be brought in with prior written agreement of PLATINUM. The contracting party shall assume liability for any property or equipment in this respect. PLATINUM reserves the right to refuse a supplier suggested by the contracting party if PLATINUM thinks that the supplier is not qualified, or to appoint a supplier that is familiar with the local and technical conditions. The contracting party is responsible to provide sufficient insurance protection for external equipment and property. The contracting party shall comply with any applicable administrative regulations.
2.7. PLATINUM cannot be held liable for any damages, of whatever nature, occurring as a result of damage to or loss of equipment and property brought to the premises by the contracting party. If external equipment and property has not been removed by the time stipulated in the single agreement, PLATINUM may have it removed at the contracting party's expense and risk.
2.8. PLATINUM will not be liable for any loss of property suffered by the contracting party, persons working for the contracting party, guests or any other parties assigned to the contracting party, that occur during the event or in connection with the event. The same regulations apply to theft.
2.9. The contracting party is obliged to comply with all applicable construction and fire regulations and directions. The contracting party may only mount flame resistant items or items of low flammability that have been treated with an approved and certified impregnating agent. Decoration shall be mounted beyond the reach of guests and must be fixed in a way, that neither cigars and cigarettes, nor stubs, ashes or matches, could come into contact with it. In any case, all emergency exits, fire alarms, fire hydrants, junction box, electric switchboards, emergency light, heating and ventilation and the like must be easily accessible and must not be obstructed at anytime.
2.10. All technical instruments and equipment may only be installed and operated by persons employed by PLATINUM or persons authorized and/or instructed by PLATINUM or by concessionary experts approved by PLATINUM.
2.11. The contracting party shall be liable for any necessary official registration with local authorities. Moreover, it has to fulfil all statutory obligations in this matter and shall be liable to obtain all required permits prior to the event. Any costs arising in this respect are to be paid by the contracting party. The contracting party shall be able to proof the observation of the statutory obligations at all times. All required permits must be available for inspection upon request of PLATINUM. The contracting party shall be responsible for the acquisition and payment of any required license from AKM (Austrian copyright society) and any other applicable duties and charges. At any time, representatives of local authorities accompanied by an employee of PLATINUM must be granted unlimited access to the premises left to the contracting party. Supervisors and security employed by PLATINUM must not be hindered or prevented from executing their duties. Members of the staff, employees and representatives of PLATINUM are to be granted access to the premises any time before, during and after the event.
2.12. Music recordings shall be subject to prior agreement of AKM and PLATINUM.
2.13. At least one week before the event takes place, the contracting party shall announce a person responsible for the event. It will be the responsibility of the contracting party to arrange for the named person to be present during the entire time the premises are being used by the contracting party.
2.14. In order to guarantee a successful event the contracting party shall provide PLATINUM with detailed information about the event programme and purpose at least two weeks prior to the event.
2.15. The event may only take place according to the terms outlined in the contract. PLATINUM is entitled to supervise the respective event. Instructions from responsible staff of PLATINUM must be obeyed. The contracting party has no directive power over employees of PLATINUM.
2.16. Any modifications of whatever nature are subject to prior approval of PLATINUM.
2.17. Any advertising activities, within or outside of the premises, require prior written approval by PLATINUM.
2.18. In the event that the contracting party wishes to do radio recordings, video or film shootings, the prior agreement of PLATINUM is required. PLATINUM shall be entitled to place advertisements at no charge within these recordings.
2.19. Professional photo shootings during the event must have prior written approval of PLATINUM.
2.20. In the event the contracting party wishes to call in flower sellers or any other tradesmen to the event, the prior agreement of PLATINUM is required.
2.21. Coats and jackets have to be checked at the cloakrooms. No clothes may be left in rooms other than the rooms designated. It will be the responsibility of the contracting party to ensure the observation of these directions by the guests of the event.

3. CANCELLATION
3.1. Platinum reserves the right at its discretion to decide whether and for whatever reason an event is suitable and permitted in the PLATINUM VIENNA and to cancel or terminate a single agreement without adherence to a time limit or any financial compensation whatsoever if
3.1.1. PLATINUM finds out that the respective event does not comply with the provisions of the general law or any local bylaws together with any rules and regulations, contradict any existing agreement whatsoever, or may cause a breach of the peace.
3.1.2. the premises cannot be used due to force majeure or due to a reason PLATINUM is responsible for, in particular if an event is prohibited by local authorities.
3.1.3. the event may damage the reputation or harm the safety of PLATINUM.
3.1.4. the contracting party failed to pay the agreed payments in time.
3.1.5. the contracting party has filed a petition for the opening of bankruptcy or composition proceedings.

4. CANCELLATION CHARGES
4.1. In the event that the contracting party cancels the single agreement, the following cancellations will apply: Up to three months prior to the event: 20% of the room charge Up to one month prior to the event: 100% of the room charge. Less than one month prior to the event: entire amount agreed in the single agreement. Where postponement of an event and completion of the services is agreed by both parties cancellation charges will not incur.
4.2. In order to guarantee a smooth flow of the event the contracting party shall notify PLATINUM as early as possible of the final number of guests attending the event and inform PLATINUM about any changes in the event programme. Unless stipulated otherwise in the single agreement the final number of guests must be confirmed in writing by the contracting party no less that 3 days prior to the event. This numbers shall be binding and is the guaranteed minimum number, that will be charged in any case. If the final number of attendees is higher than stipulated in the written confirmation and if informed less than three days prior to the event, PLATINUM will undertake to use its best efforts in providing for the increased demand. Any additional costs arising hereof shall be at the expense of the contracting party.

5. CATERING
5.1. All catering relating to an event shall be provided by PLATINUM or another catering facility by the DO&CO group according to the single agreement and the confirmation of order respectively. The contracting party is only permitted to use a caterer provided by PLATINUM, no other catering facility, food or drink should be brought onto the premises.
5.2. The wide range of food and drinks is subject to seasonal changes. PLATINUM reserves the right to substitute individual products with an equivalent one in case the former should be temporarily unavailable.

6. LIABILITY
6.1. Within the scope of legal liability PLATINUM can only be held liable for intent and gross negligence.
6.2. Technical equipment is maintained regularly by PLATINUM. PLATINUM cannot be held liable for any technical failure or any mechanical breakdown. PLATINUM shall not be liable for interruptions of water and power supply.
6.3. The contracting party shall be held liable for
6.3.1. any damage whatsoever occurring to the premises, technical equipment, furniture or any other fixtures during or in connection with the event.
6.3.2. any damage caused by guests or other third parties, in particular extraordinary wear and tear.
6.3.3. any damage to external property and equipment of the contracting party or any third parties attending the event and damage occurring during construction and dismantling of such property and equipment.
6.3.4. any consequences resulting from an exceeding of the stipulated and allowed number of guests
6.3.5. any damage arising out of or in connection with a delayed return of the premises or premises returned in a state contrary to contract, in particular due to lost profits in consequence of the premises not being vacated at the time and date stipulated in the single agreement, or damage to reputation and credit.
6.3.6. any accidents to staff members, artists hired by the contracting party and any other third parties occurring during or in connection with the event that result from the non-observance of administrative regulations or the General Terms and Conditions of PLATINUM set out in this document.
6.3.7. any damages arising out of theft or loss of external property brought in by the contracting party, except to the extent such loss or theft is caused by negligence of PLATINUM .
6.3.8. The contracting party agrees to release PLATINUM from all liability in this respect and to indemnify and hold PLATINUM harmless from any claim or demand in any way connected to the event made by any third party.
6.4. Any costs of replacement or repair arising from damages caused by the contracting party, its guests or any third parties, shall be assumed by the contracting party and paid to PLATINUM. Any and all necessary repairs and replacements will solely be arranged and accomplished by PLATINUM.
6.5. Upon request the contracting party shall be obliged to pay a security deposit determined by PLATINUM to cover the incurring costs for any possible damages.
6.6. Any claims arising out of or related to this event must be asserted within three months after the end of the event; otherwise, such cause of action is permanently barred.
6.7. The liability of the contracting party shall be joint and several with third parties.

7. PAYMENT
7.1. We request to communicate the invoice address already upon event booking. In the event the contracting party and the invoice recipient are not identical, the confirmation of order must be signed by the contracting party and the invoice recipient. In any event, the contracting party and the invoice recipient shall be jointly liable for all outstanding claims or partial claims arising from the actual order.
7.2. Unless stipulated otherwise, all our prices shall be understood as EURO net-prices, meaning exclusive of such VAT as may be chargeable in respect of the service provided. All deliveries and services shall be payable without deduction within eight days of the date of the invoice. PLATINUM reserves the right to require a deposit payment.
7.3. PLATINUM shall be entitled to bill the contracting party for any exceeding time of the premises as specified in the single agreement. The actual prices of PLATINUM shall apply.
7.5. The contracting party shall not be entitled to detain payment for non-fulfilment of the contract or criticism. The contracting party shall only be entitled to offset against PLATINUM vis-à-vis undisputed claims or legally binding claims.
7.6. For partial bills payment conditions stipulated in the single agreement shall apply.
7.7. Should timely payments not be made as stated, the contracting party agrees to pay all collection agency fees and expenses, and other costs of collection, including reasonable attorney fees and court costs which may be incurred by PLATINUM or any affiliate in pursuing and collecting payment. PLATINUM reserves the right to collect late payment interest as high as 8% p.a. or to charge the actual costs incurred.
7.8. All payment shall be applied to the oldest claim first.
8. MISCELLANEOUS
8.1. The contracting party shall not be entitled to detain any equipment or property whatsoever furnished by PLATINUM.
8.2. The contracting party shall not be entitled to transfer or assign partially or as a whole any rights (in particular the right to let the premises) whatsoever, whether it be against payment or free of charge to any third party without prior written consent of PLATINUM. In the event transmission of rights was permitted by PLATINUM, the contracting party shall have joint and several liability with the third party.
8.3. Any stamp-duties or any other legal fees and charges that may arise from this legal transaction for whatever reason, shall be at the expense of the contracting party.
8.4. Any modifications of or amendments to this General Terms and Conditions shall only be effective if they have been agreed on in writing by PLATINUM.
8.5. These General Terms and Conditions shall come into force upon signing the single agreement and the acceptance of order respectively.
8.6. In the event any one provision or several provisions of these General Terms and Conditions or any one provision or several provisions of the single agreement should laps or have no more legal force, the validity of the remaining provisions shall not be affected thereof.
8.7. The laws of the Federal Republic of Austria shall apply to all legal relations arising in connection with these General Terms and Conditions. The United Nation Convention on contracts for the International Sale of Goods (UNCITRAL) shall not apply. Vienna shall be the venue for all legal disputes arising from these General Terms and Conditions.