General terms and conditions

I. General

1.    The Hof 2 Hotelbetriebs GmbH with the address Am Hof 2, 1010 Wien operates an online shop to sell vouchers on the website www.restaurant-thebank.com.

II. Scope

1.    For the business relation between the online shop (www.restaurant-thebank.com) operated by the Am Hof 2 Hotelbetriebs GmbH and the orderer of the goods (hereinafter referred to as: customer) apply solely the following terms and conditions (hereinafter GTC) valid at the time of ordering.

2.    Diverting terms and conditions of the purchaser have no validity unless the Am Hof 2 Hotelbetriebs GmbH has consented beforehand in written form or via e-mail.  Agreements deviating from these terms and conditions must be in writing to be valid.

3.    By purchase orders the purchaser acknowledges these conditions.  All agreements, especially also oral agreements and agreements via phone with the supplier Am Hof 2 Hotelbetriebs GmbH require confirmation in writing.

III. Conclusion of contract

1.    The contract language is English.

2.    The offers available in the online shop on the website „restaurant-thebank.com“ by Am Hof 2 Hotelbetriebs GmbH are subject to change and non-binding.

3.    With an order from the online shop the customer delivers a binding offer to conclude the purchase.  With the order the customer expressly declares that he / she has read and understood and accepts the terms and conditions.  After receiving the order at Am Hof 2 Hotelbetriebs GmbH a confirmation e-mail will be sent to the customer to the given e-mail address.  This confirmation e-mail is considered to be a confirmation for accepting the offer in which case the contract between the customer and the Am Hof 2 Hotelbetriebs GmbH is immediately entered into.
 

IV. Contractual object

1.    Objects of the contract are the ordered goods listed in the order confirmation at the currently listed prices in the online shop in addition to the listed delivery charge.

V. Order process

1.    Orders can be made at any time during the week and also on weekends and bank holidays, however processing of orders takes place only on weekdays (Monday to Friday).  On Saturdays, Sundays and bank holidays no processing of orders and shipments occurs.

2.    Orders have to be made before 4:00 PM on the previous working day to be dispatched (so before 4:00 PM on Monday to be sent out on Tuesday or before 4:00 PM on Friday to be sent out on the following Monday).

VI. Shipping

1.    Unless otherwise agreed, shipment will be sent to the given customer address.  In case of false, incomplete or unclear address details given by the customer, the customer bears all costs arising from that.

2.    The customer can add a non-binding desired date on which delivery shall occur.  This desired date can only be a weekday (Monday to Friday).

3.    Deliveries only occur on weekdays (Monday to Friday) taking into consideration the desired date of delivery as best as possible.  On Saturdays, Sundays or bank holidays no shipments or deliveries take place.

4.    A postage fee is to be paid for each shipment, which can vary depending on the extent of the order and the address it is being delivered to.

VII. Prices and terms of payment

1.    All prices are listed in EUR and include the presently valid sales tax (10% or 20%).

2.    Payment for ordered goods will be due within the process of ordering.

3.    As a method of payment for orders from the online shop only the following credit cards will be accepted: Visa, Mastercard, Diners Club, AMEX.

VIII. Retention of title

1.    Until the payment including all extra charges is made in full the delivered goods remain sole and unconditional property of Am Hof 2 Hotelbetriebs GmbH.

IX. Liability/ Warranty

1.    Liability of Am Hof 2 Hotelbetriebs GmbH is restricted to damage that was caused purposefully or in gross negligence.  Possible indispensable legal liability regulations shall not be affected.

2.    All products are being audited by Am Hof 2 Hotelbetriebs GmbH before shipment or by The Bank Brasserie & Bar before provision.

3.    The customer or a designated third party is obligated to check goods for obvious defects immediately upon delivery.  If the goods are damaged, a claims assessment has to be made through a staff member of The Bank Brasserie & Bar, otherwise a claims settlement will be refused.  In case of an online order there also has to be made an immediate claims assessment through a staff member of The Bank Brasserie & Bar, in which case the damage has to be immediately proven (e.g. with a picture sent via e-mail) otherwise a claims settlement will be refused.  Subsequent complaints cannot be recognized.

4.    For consumer businesses within the meaning of the Austrian Consumer Protection Act (KSchG) or the Austrian Distance Selling Act (FAGG) the general terms and conditions apply, in particular those of the General Civil Code (ABGB).
 

X. Withdrawal for a consumer

1.    All contracts closed in the online shop constitute distance selling deals in the sense of the FAGG.

2.    Consumers in the meaning of the Consumer Protection Act (KSchG) can revoke the contract closed in the online shop within 14 days without giving reasons.

3.    The withdrawal period shall begin once the customer or a third party has taken delivery of the goods.  In the case of a contract of sale for various goods, the withdrawal period starts when the customer or a third party has taken delivery of the last partial shipment or the last piece of goods.  The withdrawal period is 14 days.

4.    To exercise their right to withdraw, the customer has to inform

Am Hof 2 Hotelbetriebs GmbH
Am Hof 2
1010 Wien
+43 (0)1 22740 1234
E-Mail: restaurant-thebank.vienna@hyatt.com

with a clear statement (e.g. a letter by post or an e-mail) about his / her decision to withdraw from the contract.
The deadline of the withdrawal period is deemed as met if communication concerning the exercise of the right of withdrawal is sent by the consumer before the end of the deadline referred to in paragraph 3.
In case of a withdrawal, the following withdrawal form has to be filled in and sent to 
Am Hof 2 Hotelbetriebs GmbH zurückzusenden (Annex I part B FAGG):

To 
Am Hof 2 Hotelbetriebs GmbH
Am Hof 2
1010 Wien
+43 (0)1 22740 1234
E-Mail:restaurant-thebank.vienna@hyatt.com

I / We(*) hereby give notice that I / We(*) withdraw from my / our(*) contract of sale of the following goods:

Ordered on(*) / received on(*):

Name of the customer(s):

Address of the customer(s):

Signature of the customer(s) (only when giving notice on paper):

Date:

(*) Cross off what is not applicable.

5.    Consequences of withdrawal: If the customer withdraws from the contract, Am Hof 2 Hotelbetriebs GmbH has to pay back all received payments including other fees, immediately and no later than after 14 (fourteen) days after receiving notice of the withdrawal at Am Hof 2 Hotelbetriebs GmbH.
For this refund Am Hof 2 Hotelbetriebs GmbH uses the same method of payment that was used by the customer unless explicitly otherwise agreed.  In no case shall the customer be charged fees for the refund.
Am Hof 2 Hotelbetriebs GmbH can refuse to refund until the goods have been received back or until the customer has provided evidence that the goods have been sent back.  Costs for return postage will be payable by the customer. 

XI. Data protection

1.    Data controller in accordance with regulation 2016 / 679 on the protection of individuals with regard to the processing of personal data on the free movement of such data and repealing the directive 95 / 46 / EG (DSGVO) bzw.  Contracting authority in the sense of data protection (DSG) is:

Am Hof 2 Hotelbetriebs GmbH
Am Hof 2
1010 Vienna
Tel.: +43 (0)1 22740 1234
E-Mail: vienna.park@hyatt.com

The Am Hof 2 Hotelbetriebs GmbH collects the following non-sensitive personal data of customers: title, name, company, address, e-mail address and phone number, credit card data (including: credit card provider, credit card holder, the last four digits of the credit card number).

2.    The data processing takes place in order to fulfill the contract between the Am Hof 2 Hotelbetriebs GmbH und the respective customer (Art. 6 Abs. 1 lit b DSGVO; § 8 Abs. 3 Z 4 DSG).

3.    Data processing for other reasons (e.g. marketing) takes place only after prior consent.  The customer obtains the right to withdraw his / her consent via appropriate notice to the Am Hof 2 Hotelbetriebs GmbH.

4.    The data will be saved for the term of the contract between the Am Hof 2 Hotelbetriebs GmbH and the customer as well as for the duration of possible contractual relations or thereof derived claims of the Am Hof 2 Hotelbetriebs GmbH or the customer.

5.    The customer has the right to be informed by the Am Hof 2 Hotelbetriebs GmbH concerning personal data as well as on rectification, erasure or limitation to processing.  The customer furthermore has the right of objection in case of data usage for direct marketing.

6.    All data that has been collected during the ordering process (see point 2) is being transmitted through the security server software SSL, therefore this information cannot be accessed by unauthorized persons.  When encrypting the data of customers, the information is being converted into a code, which can be transmitted safely on the Internet.  For that reason customers are protected against unauthorized access.

XII. Final provisions

1.    If individual provisions of the contract of these terms and conditions are declared to be ineffectual, it shall not bring about the invalidity or ineffectiveness of the entire contract.  The remaining terms of the contract remains therefore unmodified on the books.  All and any ineffective provisions shall be replaced by new regulations with the same commercial intentions as their objectives.

2.    The place of fulfillment is the business address of the Am Hof 2 Hotelbetriebs GmbH in 1010, Vienna, Am Hof 2.

3.    To decide on all litigation arising in connection with the contract the competent court in Vienna shall be the place of jurisdiction.  As long as the customer is consumer in the sense of KSCHG, the competence of the court is based in Sprengel, where the customer’s residence, the general residence or the residence of employment is located.

4.    The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods under exclusion of the reference norm of civil law.  If the customer is consumer in the sense of KSCHG, this choice of law shall only be applicable insofar as the afforded protection is not deprived by obligatory provisions of the law of the state in which the consumer has his or her habitual place of residence.

5.    The use of texts, text portions, pictures or data from the website and the reproduction of any such materials requires the prior permission of the Am Hof 2 Hotelbetriebs GmbH.

6.    All pictures have reasonable copyright terms permitting free redistribution.  They are intellectual property of Am Hof 2 Hotelbetriebs GmbH and any use is permissible only with the prior approval of the Am Hof 2 Hotelbetriebs GmbH.

Issued in July 2019