Data Protection Declaration and Terms & Conditions

We welcome you to our website and thank you for your interest in our business. Our dealings with current and potential clients are a confidential matter. The trust that is placed in us has great significance and means that we have an obligation to treat your data with care and protect it from misuse.

In order to ensure that you feel secure and comfortable when visiting our website we take the protection and confidential handling of your data very seriously. We therefore act in accordance with the applicable legal provisions concerning protection of personal data and data security. In these guidelines concerning data protection we would like to inform you of when we store your data and how we use it - of course doing so in observance of the applicable Austrian case law.

Hotel Wimberger GmbH attach special importance to the DSG (Datenschutzgesetz = Austrian Data Protection Act).

Collection and Processing of Personal Data
You can visit our website without revealing your identity. Our web server automatically stores information of a general nature. Such information includes the type of web browser, the operating system being used, the domain of your internet service provider, the website from which you came to visit us, which of our websites you visit, as well as the date and duration of the visit. The foregoing exclusively concerns information that does not allow a determination of the identity of the person from whom it was taken. We only evaluate this data for statistical reasons and only in an anonymous form.

Personal data is inventory data, such as your name, your address, your bank account, ID, and telephone numbers, or your e-mail address. We only collect, process, or use your personal data when you voluntarily make it available to us and it is, in addition, allowed by statute to do so or you have provided your consent. This generally occurs when you enter into a contract with us online (booking) or make an inquiry of us (booking inquiry or emails). Our website is not directed to children under the age of 14. Data about children is not intentionally collected or stored.

Use and Dissemination of Collected Data
The personal information that you make available to us is exclusively used for purposes we have informed you of or agreed upon with you, therefore generally for carrying out contracts entered into with you, for answering your inquiries, as well as to provide current information about offerings of our firm.

If you make use of our services, then generally the data will be collected that we need to render these services. If we ask you for additional data the request is one for you to voluntarily provide it. The processing of personal data takes place exclusively to carry out services requested and to protect our justified business interests.

Is Personal Data Provided to Third Parties?
We only process and use your data for the purpose of providing advice, for advertising, and for market research if you expressly agree to this. Your data will not be sold, rented, or made available to third parties in any other way. Transmission of personal data to governmental facilities and officials only takes place in the case of mandatory national legal provisions. To increase the level of service we provide your data to businesses that are affiliated with ARCOTEL Hotel AG.

Website Content
All content of the website is subject to both copyright and trademark rights. None of this content may be employed for one's own use. Removing contents from the website is not permitted.

This website contains links to other websites. We are not responsible for the operation or content of third-party websites.

Should you experience difficulties accessing links to third-party websites or have other problems with them please contact the third parties directly.

Use of Cookies
Cookies are used on various pages. These simplify use of our website and communication and allow us to better adapt our Internet presence to your needs. A cookie is a small text data file placed on your hard drive by a website. Cookies do not do any damage to your computer and do not contain viruses. You can deactivate the use of cookies at any time by adjusting the settings of your browser.

WhatsApp
When you agree to get in contact with us via WhatsApp, you agree the general terms of conditions of WhatsApp. You provide WhatsApp the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide WhatsApp such numbers to allow them to provide their services. You must be at least 13 years old to use the services of WhatsApp.
When you sign up to read the newsletter, which appears several times a year, we use your data in order to transmit it to you.

Use of Google Analytics, Google Conversion Tracking and Google Remarketing
This website uses Google Analytics, Google Conversion Tracking and Google Remarketing. These are services of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google").

Google uses "cookies", and therefore text data files, that are stored on your computer and that makes possible the analysis of our Internet offering. The information gathered by the cookies regarding your usage of this website (including your IP address) is then sent to a Google server in the USA and stored there. Google observes the data protection provisions of the "US Safe Harbor" Convention and is registered with the U.S. Department of Commerce as a participant in the "Safe Harbor" Program. Google uses this information to evaluate your use of the website in order to create reports for us about your website activities and, in addition, about your use of services related to the website and Internet use. Third-party providers, including Google, place ads on Internet websites. Third-party providers, including Google, use stored cookies to provide ads on our website on the basis of previous visits by a user.

Google will, if necessary, also transmit this information to third parties, if such transmission is required by statute or if third parties process this data on behalf of Google. Google will never associate your IP address with other Google data. You can prevent the installation of cookies by adjusting the settings on your browser software. However, we wish to inform you that if you do so it is possible that you will not be able to fully use all of the functions of this website. By using this website you declare that you are in agreement with the processing by Google of the data collected about you in the manner described above and for the purposes put forth above.

You can opt out at any time from data collection and storage with future effect. You can deactivate the application of cookies by using Google to call up the page for deactivating Google advertising. In the alternative users can deactivate the use of cookies by third-party providers by calling up the deactivation page of the Network Advertising Initiative.

Deactivation of Google Advertising
www.google.com/privacy_ads or on the deactivation page of the Network Advertising.

Use of Facebook Social Plug-ins
Our Internet presence uses social plug-ins ("plug-ins") of the social network facebook.com that is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plug-ins are designated through the Facebook logo or use of the phrase “Facebook social plug-in.” When you call up a website that is part of our Internet presence and that contains such a plug-in, then your browser connects directly with the servers of Facebook. The content of the plug-ins are transmitted directly to your browser from Facebook and then used to incorporate them into the website. By incorporating the plug-ins Facebook receives information that you have called up the corresponding page of our Internet presence. If you are logged in to Facebook, then Facebook can assign the visit to your Facebook account. If you interact with the plug-ins, e.g. if you use the "like" feature or provide commentary, then the corresponding information will be transferred from your browser directly to Facebook and stored there. The purpose and extent of data collection, the further processing and use of data by Facebook, as well as your rights in this regard and the various possible settings to protect your privacy are to be found in Facebook's data protection guidelines. If you do not wish for Facebook to use our Internet presence as a way to collect information about you, then you must log out of Facebook before visiting us on the Internet.

Use of the +1 Button/ Google +1 Button
Our Internet presence uses the “+1″ button of the social network Google Plus that is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). The button is identifiable through the “+1″ sign on a white or colored background.
When you call up a website associated with our Internet presence that has such a social button, your browser connects directly with the servers of Google. The content of the “+1″ plug-in is transmitted directly to your browser from Google, which is then used to incorporate it into the website. We therefore have no influence on the extent of data that Google collects through the button. According to Google, if one does not click on the button, no personal data is collected. Such data, including the IP address, is only collected and processed for logged-in members.
The purpose and extent of data collection, the further processing and use of data by Google, as well as your rights in this regard and the various possible settings to protect your privacy are to be found in Google's  data protection guidelines concerning the "+1" button and the FAQ.

If you are a Google Plus member and do not wish for Google to use our Internet presence as a way to collect information about you and to link this information with the membership data about you which Google has stored, then you must log out of Google Plus before visiting us on the Internet.

Security
Security measures are undertaken in order to protect the data administered by us against accidental or intentional manipulation, loss, damage, and from being accessed by third parties. As technology develops, we are continuously improving our security measures to keep pace. Access to the data is only possible for a few authorized personnel and for persons especially entrusted with data protection, who are involved with the technical, administrative, or editorial care of data.

Declaration of Consent on the Part of User
By using our website and the offerings to be found there you declare that you are in agreement with our collection of personal data that you have voluntarily transmitted and that we store and which is processed and used by us in adherence to this data protection declaration.

Right to Information
You have an unlimited right to free information regarding data we have stored concerning you, as well as the right to erase or block impermissible data and/or the right to correct inaccurate data. Upon inquiry we will be happy to inform you in writing if and what personal data we have stored about you. To the extent possible we will undertake the necessary measures that enable you to promptly update or correct data we have stored. In such cases please make your inquiry directly to our hotel management.
 

General Terms and Conditions of Business for Events 

§ 1 Scope
1.1 The following General Terms and Conditions of Business apply to the temporary hiring-out of event, conference, and banquet rooms as well as business suites of hotels for the purpose of holding events of all kinds as e.g. conferences, banquets, seminars, meetings and other events as well as for all associated additional services and deliveries provided by the hotel.
1.2 The agreed-upon rent for rooms applies exclusively to the provision of premises. Technical devices as well as their energy requirements are not included therein.
1.3 Different provisions - even if they are included in the general terms and conditions of business of the contracting party - have no application unless they have been expressly acknowledged in writing by Hotel Wimberger GmbH.
1.4 Special agreements may only be entered into in writing. In such instances the General Terms and Conditions of Business have subsidiary application if nothing has been agreed upon to the contrary or the special agreements do not contradict the General Terms and Conditions of Business.

§ 2 Contract Conclusion
2.1 The contract is concluded upon customer's written acceptance of the offer made by the hotel. The hotel may confirm the booking in written or electronic form.
If the customer enters into the contract on behalf of a third party, then it is not customer but rather the third party that is the contracting party of Hotel Wimberger GmbH. In particular, the customer, promptly and before contract conclusion, is to show its written authority for actually entering into the contract by sending and/or delivering it. Moreover, customer is to inform Hotel Wimberger GmbH of the name and address of the actual contracting party.
2.2 If it is evident that the contract is being concluded on behalf of a third party or that the third party has commissioned a commercial agent or organizer to conclude the contract then the customer, agent, or organizer is jointly and severally liable with the third party. Regardless thereof, the customer is obligated to forward all contractual information, especially the General Terms and Conditions of Business, to the third party.
2.3 The reletting or subletting of hired rooms, areas, and objects requires prior written consent of Hotel Wimberger GmbH.

§ 3 Services, Prices, Payment
3.1 Hotel Wimberger GmbH is obligated to render the agreed-upon services according to contract and as put forth in these General Terms and Conditions of Business
3.2 The contracting party is obligated to promptly pay the agreed-upon price for the services. This also applies for the services rendered and expenses incurred by Hotel Wimberger GmbH in regard to third parties, if these expenses and services are set forth in the contract or have been approved by the contracting party.
In addition, the contracting party is liable to pay for all the food and drink ordered by the participants at the event, as well as for the costs it has incurred, in an undivided amount.
3.3 Invoices are promptly due upon receipt without deductions. For late payment the following interest on overdue accounts has been agreed upon:
a) for consumers the interest on overdue accounts is in the amount of 4 %.
b) for customers of the company the interest on overdue accounts is, in accordance with § 456 of the Austrian Commercial Code (Unternehmensgesetzbuch = UGB), in the amount of 9,2 % above the corresponding prime lending rate.
Hotel Wimberger GmbH is entitled to bring a claim for damages in a greater amount.
For every reminder sent after delay in payment Hotel Wimberger GmbH is entitled to charge an arrears fee in the amount of EUR 10.00.
3.4 Should the invoicing details provided subsequently require correction (e.g. billing address and/or
splitting of the bill) a processing fee of EUR 10.00 will be charged for each change in invoice.
3.5 Hotel Wimberger GmbH is entitled to request reasonable advance payments or security deposits. The amount of the corresponding advance payment and its due date will be agreed upon in writing in the contract. Moreover, Hotel Wimberger GmbH is entitled to issue an intermediate invoice due at any time for accumulated accounts receivable and to promptly request its payment.

3.6 The contracting party can only set off against or reduce a legally binding or uncontested and established claim against a claim of Hotel Wimberger GmbH.

§ 4 Cancellation and Rescission by the Contracting Party
4.1 The hotel can grant the contracting party a right of rescission exercisable at any time. The agreement of the hotel to rescission is to be in writing. In such a case Hotel Wimberger GmbH has a claim to reasonable compensation for damages. The conditions for cancellation are a part of the contract agreed upon in writing between the contracting party and Hotel Wimberger GmbH.
4.2 The contracting party is to give notice of its contract rescission in writing. The receipt of the cancellation must be confirmed in writing by Hotel Wimberger GmbH.
4.3 If agreement is not reached, then the contractually agreed-upon compensation for the services of the hotel as well as those services commissioned from third parties are also payable if the Customer does not make use of the contractual services and the facilities can no longer otherwise be rented out.

§ 5 Rescission on the Part of the Hotel
5.1 If the contracting party is granted the right of rescission free of charge then Hotel Wimberger GmbH is also entitled to rescind the contract during the established time period, if inquiries from other guests regarding use of the event rooms have been made and the contracting party has not, after further inquiry from Hotel Wimberger GmbH, promptly made final confirmation of its booking.
5.2 If agreed-upon advance payment or security deposit is not made within the established time period, then Hotel Wimberger GmbH is entitled to rescind the contract.
5.3 Moreover, Hotel Wimberger GmbH is entitled to rescind the contract for good cause, especially as soon as

• force majeure or other circumstances for which the hotel is not responsible prevent the fulfilment of the contract
• events are booked based on perjured or misleading information, e.g. the organizer or the purpose
• Hotel Wimberger GmbH has a well-founded reason to assume that the event is a well-run business operation that can endanger the security of Hotel Wimberger GmbH or its reputation in the public eye, but is not to be attributed to the hotel's domain of authority
• Hotel Wimberger GmbH reserves the right to refuse to host an event at any time for political reasons or if the event is in conflict with our values; this also applies to events that have already been booked and/or pre-paid.
• an unauthorized subletting or reletting takes place
• Hotel Wimberger GmbH obtains knowledge that the financial circumstances of the contracting party have seriously deteriorated since conclusion of the contract, especially if the contracting party does not settle outstanding claims of Hotel Wimberger GmbH or does not offer a sufficient security deposit and for this reason Hotel Wimberger GmbH payment claims appear to be endangered
• The contracting party has applied for the opening of insolvency proceedings in regard to its assets, has made a statutory declaration in accordance with § 47 of the Law of Executions (Exekutionsordnung = EO), has initiated an extrajudicial debt settlement process or has stopped payment.
• An insolvency proceeding regarding the assets of the contracting party has been opened or was not opened due to lack of assets or other reasons.

5.4 Hotel Wimberger GmbH is to promptly inform the contracting party upon exercise of its right of rescission.
5.5 In all of the instances listed above the contracting party does not have a claim to damages.

§ 6 Provision of a Substitute Event Room
6.1 Hotel Wimberger GmbH can make an adequate substitute event room (of the same quality) available to
the contracting party if this is reasonable for the contracting parties, especially when the differences are minor and the substitution is justified based on factual grounds.
6.2 A factual justification exists, e.g., if the room/rooms has/have become unusable, events that are already under way have been prolonged, there has been overbooking, or another important operational measure gives cause for this measure.
6.3 Under these circumstances the provision of a substitute event room does not give rise to any claims by the contracting party.

§ 7 Change of the Time of the Event and the Number of Participants
7.1 If, without the prior written consent of Hotel Wimberger GmbH, the agreed-upon beginning and/or end times of the event are shifted, then Hotel Wimberger GmbH is entitled to charge for the costs of providing for personnel and equipment except for when the hotel is responsible for the shift.

7.2 For events that last longer than 24 hours, Hotel Wimberger GmbH can bill out personnel expenses on the basis of itemized invoices from this time on. Moreover, Hotel Wimberger GmbH can provide itemized invoices for travel expenses of employees if they must arrange transportation home after the closing time for public transportation.
7.3 The contracting party is obligated to inform Hotel Wimberger GmbH upon making reservations of the likely number of participants. The final number of participants must be provided to Hotel Wimberger GmbH in writing at least four days before the date of the event.
7.4 Should the number of participants increase then the actual number of participants will be included in the bill.
7.5 If the number of participants is reduced then the cancellation conditions in the written contract have application.

§ 8 Handling of the Event
8.1 Permission is required to bring food and drinks for consumption into the hotel. Hotel Wimberger GmbH reserves the right to invoice an equivalent amount for such food and drinks.
There is no liability for food and drinks brought into the hotel.
8.2 If Hotel Wimberger GmbH procures technical or other equipment from third parties at the request of the contracting party, then Hotel Wimberger GmbH does so on behalf of, on the authority of, and on the account of the contracting party. The contracting party is liable for careful use and proper return. Hotel Wimberger GmbH may not be made subject to any third-party claims arising out of the provision of this equipment.
8.3 Prior written consent on the part of Hotel Wimberger GmbH is required for the contracting party to use its own electrical systems and equipment in connection with the power supply system of the hotel.
Any disturbances in or damage to the technical facilities of Hotel Wimberger GmbH through the use of these systems and equipment is fully the responsibility of the contracting party. The organizer is to guarantee the operational safety of the equipment and to demonstrate it upon request.
Hotel Wimberger GmbH is entitled to determine and invoice using a flat rate based on the use of existing electrical costs.
8.4 The contracting party has the opportunity, after receiving consent from Hotel Wimberger GmbH, to use its own telephone, fax and data transfer equipment. In such a case Hotel Wimberger GmbH can charge a fee for access and connection.
8.5 Hotel Wimberger GmbH makes every effort to promptly eliminate problems associated with technical and other equipment it has provided. Payment by the contracting party may only be withheld or reduced if the hotel cannot eliminate the disturbance or procure a substitute within a reasonable period of time.
8.6 The contracting party is responsible for obtaining any necessary official authorizations for carrying out the event at its own cost. In addition, the contracting party is responsible for complying with these authorizations as well as all other public law provisions pertaining to the event.
8.7 The contracting party is responsible for promptly taking care of the necessary applications with the competent authorities if it is itself arranging musical performances and to present the approved forms to Hotel Wimberger GmbH one week before the event. The hotel, as the place where the event is being held,
is under a statutory obligation to see that licensing requirements are complied with. For costing an 8 % entertainment tax is added on to the price for food and drink. The costs of official applications are to be borne by the contracting parties.
8.8 Approval by Hotel Wimberger GmbH is necessary for the contracting party to use the name and trademark of Hotel Wimberger GmbH in order to advertise events.

§ 9 Items Brought to the Event
9.1 The contracting party is obligated to inform the hotel for purposes of approval of any installation of decoration materials or other objects and to receive its consent. The event rooms are not to be damaged. The installation is to be undertaken by competent personnel. There must be compliance with all fire regulations in accordance with ÖNORM (in any case B1, Q1).
9.2 Objects brought along for exhibition and other items that are brought into the event premises and/or into the hotel are done so at the risk of the contracting party. With the exception of the negligence or intentional acts on the part of the hotel, the hotel assumes no liability for loss, destruction, or damage. The statutory liability under §§ 970 ff of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch = ABGB) remains ineffective.
9.3 All objects brought along are to be promptly removed at the end of the event. Hotel Wimberger GmbH is entitled to have objects left behind removed and disposed of at the cost of the contracting party. If removal would incur an unreasonably high expense then Hotel Wimberger GmbH has the option of leaving the objects in the event room and charging rent for the duration of their presence there. The contracting party reserves the right to present evidence of lower damages, the hotel of higher damages.
9.4 If packing material (boxing, plastic, cardboard) accumulates in connection with the event the contracting party is obligated to dispose of it before or after the event. Should the packing material be left behind in the hotel, Hotel Wimberger GmbH is entitled to dispose of it at the cost of the contracting party.

§ 10 Liability of the Contracting Party
10.1 The contracting party is liable for all damage to the building or inventory that is caused by participants in or visitors to the event, employees, other third parties associated with the contracting party, the contracting party itself or its statutory representative.
10.2 Hotel Wimberger GmbH is entitled to request the provision of security from the contracting party in order to safeguard itself from possible damages (e.g. suretyships, security deposits, various types of insurance) - and/or other kinds of security.

§ 11 Liability of Hotel Wimberger GmbH
11.1 No liability is assumed for valuables, cash, clothing left in the cloak room, musical instruments etc. that the participants or organizers bring with them.
11.2 Hotel Wimberger GmbH is liable in accordance with statutory provisions for all damage resulting in loss of life, bodily injury, and health, to the extent that the hotel has violated a duty. It is also liable for damages due to intentional acts or violation of duties through gross negligence. Moreover, it is liable for damages due to an intentional act or negligent violation of typical contractual duties of the hotel. Other claims of the contracting party for damages are excluded. In the case of interruptions of or defects in the services of the hotel the contracting party is obligated to do that which reasonably can be expected of it in order to eliminate the problems and keep damages as low as possible. Moreover, the contracting party is obligated to promptly point out to the hotel the possibility of exceptionally high damages.
11.3 All claims against the hotel become time-barred one year after the commencement of the statutory limitation period.

§ 12 Concluding Provisions
12.1 The place of performance and payment is the location of Hotel Wimberger GmbH.
12.2 The agreed-upon place of jurisdiction is Vienna.
12.3 It is agreed that Austrian law is to be applicable.