Terms and Conditions

1. Scope

1.1. Unless otherwise agreed in writing, these Terms and Conditions apply to all rentals and other transfers, whether for consideration or free of charge, of our seminar facilities located at Brandstätte 1/16 in 1010 Vienna and Werdertorgasse 19/42 in 1030 Vienna, Am Modenapark 2/24 and 2/29, as well as at Skodagasse 15/11, 1080 Vienna, to natural or legal persons (hereinafter referred to as “contracting parties”). These terms apply to all current legal transactions as well as to all future transactions, even if no explicit reference is made to them in individual cases, particularly in the case of future rentals or transfers of use. Unless expressly agreed otherwise, all transactions are therefore conducted solely under the following terms and conditions, which the contracting party acknowledges as binding by submitting a booking request.

1.2. The version of our Terms and Conditions in effect at the time the contract is concluded shall apply; it is available on our website at www.consolmo.com

1.3. We enter into contracts exclusively on the basis of our General Terms and Conditions. The contracting party’s terms and conditions, or any amendments or additions to our General Terms and Conditions, require our express written consent to be valid. In particular, the contracting party’s terms and conditions will not be recognized even if we do not expressly object to them upon receipt. Accordingly, our silence regarding documents sent to us shall in no way be deemed acceptance of any terms and conditions to the contrary.

1.4. All legal transactions (bookings, verbal agreements, etc.), including those concluded by our representatives, as well as verbal and telephone agreements, become binding on us only upon our written confirmation.

2. Reservations

2.1. Reservations for our seminar facilities must be made in writing or electronically via our website at www.consolmo.com.

2.2. Bookings made by the contracting party shall be considered offers and are not binding on us until we have expressly confirmed them in writing. They remain irrevocably valid for 72 hours from the time we receive them.

2.3. Any statements we make prior to our booking confirmation—including, in particular, statements regarding availability on our website—are to be regarded solely as an invitation to the contracting party to submit an offer and are not binding on us.

3. Booking Confirmation and Cancellation

3.1. We are entitled to send our booking confirmation to the contact information provided by the contracting party. Once the booking confirmation has been sent to the provided contact information, it is deemed to have been received by the contracting party.

3.2. Cancellations are free of charge from the time the booking confirmation is received until 14 days before the start of the rental period. After that, cancellations are possible in writing via email to office@consolmo.com, subject to a fee of 50% of the seminar room rental fee.

3.3. It is possible to reschedule the start of the rental to another available date within the next four weeks from the original rental date. A request to reschedule is to be considered merely an offer by the contracting party and requires our express confirmation to be valid.

3.4. If the Contractual Partner’s seminar cannot be held due to force majeure, disruption of transportation, government orders, strikes, civil unrest, or other compelling reasons beyond our control, this shall not give rise to any claims for reimbursement against us.

3.5. Reservations may not exceed 30 consecutive days.

4. Scope of Services

4.1. Our contractual services are limited solely to the provision of our seminar facilities, including all equipment as described on our website www.consolmo.com, for the booked period, as well as the performance of a final cleaning.

4.2. Access to the seminar facilities is granted via a code that must be entered at the entrance. This code is activated for the duration of the rental period. Consequently, there is no need for key handover, nor is such handover part of the scope of services, nor is any form of personal assistance or presence on our part required.

5. Rental period: Check-in, check-out

5.1. In the case of a full-day booking, the seminar facilities will be available to the contracting party on the booked date from 8:00 a.m. to 6:00 p.m.

5.2. Late check-out is possible upon separate agreement and for an additional fee. The agreement does not take effect until it has been confirmed by us in writing.

6. Payment

6.1. Payment must be made during the booking process on our website. The terms and conditions of our payment processing partner, Klarna, apply. Alternatively, direct payment via Stripe, as well as payment by credit card, Apple Pay, and Sofortüberweisung, is available.

6.2. Cash payments or payments by debit or credit card on site are not accepted.

6.3. Any delay in payment of the rent, cancellation fee, damages, or contractual penalty shall result in late payment interest in accordance with § 456 of the Austrian Commercial Code (UGB) (9.2% above the applicable base rate).

7. Warranty and Liability

7.1. Our warranty is excluded to the fullest extent permitted by law.

7.2. Our liability for contractual and statutory claims for damages is excluded to the fullest extent permitted by law, except in cases of willful misconduct or gross negligence. Any claims for damages against us may, subject to the other exclusions, be asserted in court only within six months of becoming aware of the damage and the party responsible for it, but no later than three years after the event giving rise to the claim. Our liability is limited to a maximum of twice the amount of rent paid to us by the contracting party under this agreement.

7.3. The contracting party shall be liable to us, regardless of fault, for all damage caused by it and, jointly and severally, for all damage caused by seminar participants. This applies in particular if the damage occurs after the premises have been vacated, but the cause was attributable to the contracting party or the seminar participant (e.g., due to a window left open, a running water pipe, etc.). All equipment and materials located in the seminar premises (in particular, flipcharts, a complete seminar kit, a TV with Barco Clickshare, and creative materials such as Lego Serious Play) are available to the contracting party for use free of charge during the rental period. For any damage, the contracting party shall owe a contractual penalty equal to twice the replacement cost, as well as—irrespective of the aforementioned contractual penalty—compensation for any additional damages. The burden of proof is reversed, which is why, in the event of damage, the contracting party must prove that it was not caused by them or a participant in their seminar.

7.4. Smoking is strictly prohibited in the seminar rooms. If the contracting party or a seminar participant violates this rule, a penalty of EUR 200 will be imposed.

7.5. It is strictly prohibited to remain in the common areas of the building outside the seminar rooms—even for a short time (e.g., to conduct interviews)—except when entering or leaving the seminar rooms. Should the contracting party or a seminar participant violate this provision, a contractual penalty of EUR 200 will be imposed for each person in violation.

8. Confidentiality and Data Protection

8.1. The contracting party agrees to maintain the confidentiality of any information received in the course of the business relationship.

8.2. The contracting party consents to the electronic processing of the data it has provided in accordance with the GDPR, in particular its email addresses and contact information, and also agrees to receive informational materials, particularly by mail and email.

9. General Information

9.1. The place of performance for all services provided by us or to us is the registered office of our company, namely Vienna.

This agreement is governed by Austrian law, excluding its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods.

9.3. The Vienna Commercial Court shall have exclusive jurisdiction over any disputes arising from the contractual relationship or from future contracts between the Contractor and the Client.

10. Severability and Circumstantial Clause

10.1. Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The parties hereby agree to replace such provision with a substitute provision—based on the principles of good faith—that most closely approximates the economic intent of the invalid provision, taking into account industry standards.

10.2. If the circumstances under which a contract was concluded have changed so significantly that it can reasonably be assumed that, under the new circumstances, the contract would not have been concluded at all or would have been concluded on different terms, we shall be entitled, depending on the nature of the case, to refuse to perform the contract or to demand or implement an amendment to the contractual provisions that takes the changed circumstances into account, such as payment in a different currency.

Wenckheim, Inc.