General Terms and Conditions
Vienna AirportCity Conferencing & Coworking GmbH*(hereinafter referred to as "VAC")
1.1 These General Terms and Conditions (GTC) are part of the agreement made with a customer regarding provision of workspaces, conference rooms and meeting rooms for seminars and/or events and apply to all services which VAC renders for the customer.
General terms and conditions of the customer or third parties shall not be applicable, even if VAC does not expressly object to applicability of the same in a specific case. Even if VAC makes reference to correspondence that contains terms and conditions of the customer or a third party or that refers to such terms and conditions, this shall constitute no consent to the applicability of such terms and conditions.
- Customer = any natural or legal person that books workspaces or rooms with VAC.
- User = any person who uses the local services.
- Coworking space = workspace for one person in the open-plan office
- Meeting rooms = rooms of a size of 10-70 sq. m
- Event rooms = rooms of a size of more than 70 sq. m
1.2 VAC reserves the right to modify or amend the GTC at any time. The GTC applicable from time to time may be retrieved from https://www.airportcityspace.com/en/gtc and will also be displayed at the relevant locations.
2.1 VAC’s services are comprised of provision for consideration of:
- Coworking space: i.e. workspaces (desk, chair, WIFI, locker, printer, beverages (tap water and filter coffee)) for short-term or long-term periods
- Meeting rooms: bookable on a per-hour or per-day basis for meetings or projects for a period of time of up to one month,
- Event rooms: for the purpose of holding seminars, presentations, press conferences, banquettes, trainings, cultural evenings and other functions.
- Organising events/functions
- Selling of products and services: as part of the business activities of VAC
2.2 The rooms have been cleared for the agreed purpose by the building authority.2.3 VAC provides basic catering for the coworking space and for meetings in the form of beverages (tap water and filter coffee) and snacks (apples or other fruit). If more catering services are required, VAC shall offer the services of its partners. Such additional catering services are not part of VAC’s services and shall be invoiced separately.
2.4 VAC shall provide basic technical equipment and supplies as standard features in the meeting rooms. Such equipment and supplies vary from room to room and will be described individually for each room in the contract. If more equipment is required, VAC shall offer the services of its partners. Such additional equipment is not part of VAC’s services and shall be invoiced separately.
2.5 VAC offers no back office services, in particular no taking delivery of post. The rental of mailboxes can be purchased as an additional service.
2.6 The prices and terms of the services offered by VAC can be seen from the price lists at https://www.airportcityspace.com/ or those displayed at the location.
2.7 VAC reserves the right to change the services to a reasonable extent. This may be done, in particular, for technical or organisational reasons.
3. Conclusion of a contract
3.1 Coworking spaces and meeting rooms for hourly or daily use may exclusively be booked online and must be paid for in advance. After the booking process and the payment process have been concluded the person making the booking shall receive the digital access code by email or the digital access data will be displayed on the booking portal. The digital access code shall be valid for the entire booked period and may be forwarded to guests of the meeting/users.
3.2 Coworking spaces and meeting rooms for longer time periods may be booked in person directly on the premises or online via an enquiry form. On the basis of the enquiry a binding offer shall be sent, which may be accepted within three (3) working days. The offer shall be deemed accepted upon receipt of the invoice amount stated in the offer or upon signing. After expiry of the period the offer shall be forfeited and no contract shall be deemed concluded.
3.3 For customers from countries other than SEPA countries a copy of the payment confirmation shall be deemed an acceptance of the offer as well.
3.4 For contracts for long-term periods (more than 1 month) a direct debit arrangement shall be set up. The amount shall always be debited within the first 10 days of the new period of use (e.g. at the beginning of the month).
3.5 VAC reserves the right to reject bookings without stating reasons.
3.6 Official registration of a legal entity on the premises of VAC shall be permitted only upon VAC’s written confirmation.
3.7 Data advised at the time the booking is made or the contract is concluded must be complete and accurate. If any data changes after the booking or after conclusion of the contract, the customer shall immediately inform VAC of these changes in writing.
3.8 VAC reserves the right to reject specific payment options in a specific case without stating reasons and in such cases different payment terms (e.g. open account) shall be agreed with the customer.
3.9 The customer undertakes to pay VAC late payment interest in the amount of 12% for any late payment of amounts due. The customer also undertakes to reimburse all pre-procedural costs of dunning and collection incurred by VAC because of the delay in payment.
4. Termination of the contract
4.1 After expiry of the agreed term the contract shall end automatically with no separate notice of termination being required.
4.2 Even if VAC does not evict the customer from the workspaces and/or rooms being the subject matter of the contract immediately after expiry of the term of the contract, this shall constitute no consent to an implicit renewal of the contract.The customer shall completely clear the workspaces and premises before leaving permanently and return them to VAC in the condition in which they were taken over. Costs incurred by VAC due to non-compliance shall be invoiced to the customer subsequently. If the user violates the house rules, VAC shall be entitled to terminate the contract and access to the same early.
5. Data protection
5.1 In principle, VAC shall use the data from the contract for the purpose of managing the business. This shall include storing and processing of data in accordance with the official guidelines.
5.2 “Information to be provided pursuant to Art 13 GDPR. For the purposes of customer accounting Flughafen Wien Aktiengesellschaft (1300 Vienna-Airport) acts as the processor for VAC GmbH.”
6.1 VAC warrants that construction-related official requirements are met with regard to use of the premises made available to the customer and for the purpose described in contract.
6.2 The customer warrants that the rooms are suitable for the purpose intended by the customer. In addition, the customer warrants compliance with all regulations agreed with VAC.6.3 If other official requirements are to be met because of the type of the event (e.g. entertainment tax, AKM [translator's note: Austrian performing rights society] fees, etc.), the customer shall be responsible for paying the same and submitting a payment confirmation to VAC.
6.4 The customer shall be liable for any damage to the event room and/or the equipment caused by his/her guests, employees or agents. Any damage shall be reported to VAC immediately.
6.5 VAC shall in no case be liable for personal valuables, technical devices, clothes, etc. which were brought onto the premises.
6.6 VAC shall be liable for damage caused to attendees in the event room only if VAC can be blamed for gross negligence or wilful intent.
6.7 The customer shall not be entitled to assert any claims vis-à-vis VAC on account of temporary failures of energy supply, water supply or of defects of power lines, heating or air conditioning systems.
6.8 In the case of a violation of its contractual obligations VAC shall only be liable if the violation was caused by wilful intent or gross negligence by VAC, its employees or agents. Otherwise liability shall be excluded. VAC shall in no case be liable for lost orders, lost profit, savings expected but not realised, loss of or damage to data, third-party claims or consequential damages. The customer undertakes to indemnify and hold harmless VAC with respect to any and all claims.
6.9 The customer represents that he/she will take out insurance for his/her own property brought onto the premises of VAC and that he/she is liable vis-à-vis his/her employees and third parties.
6.10 The customer shall be liable for damage caused by persons who are attributable to the customer (e.g. his/her customers or guests) as well as for any damage caused by the customer himself/herself.
6.11 Users shall be responsible for keeping personal lockers safely locked. VAC shall not be liable for stolen items. No liability shall be assumed for wardrobe.
7. Cancellation policy
7.1 In the case of cancellations the booked rooms and ancillary services shall be charged as follows:
7.2 For coworking space:
- Short/full-day booking: In the case of cancellation until 7 days before the service starts no cancellation fees shall be payable. In the case of cancellation until 24 hours before the service starts 50% of the price shall be payable; in the case of cancellation within the last 24 hours before the service starts 100% of the price shall be payable.
- Per-month booking („Flexi“, „All-In“): In the case of cancellation until 7 days before the service starts no cancellation fees shall be payable. In the case of cancellation until 24 hours before the service starts 50% of the price shall be payable; in the case of cancellation within the last 24 hours before the service starts 100% of the price shall be payable.
- 3-month booking („Flexi“): In the case of cancellation until 7 days before the service starts no cancellation fees shall be payable. In the case of cancellation until 24 hours before the service starts 50% of the price shall be payable; in the case of cancellation within the last 24 hours before the service starts 100% of the price shall be payable.
- 12-month booking („All-In“): In the case of cancellation until 1 month before the service starts no cancellation fees shall be payable. In the case of cancellation within 1 month before the service starts 100% of the first month price shall be payable.
- Corporate-package: In the case of cancellation a fee of 50 Euros shall be payable.
7.3 For meeting rooms:
- until 14 days before the event free cancellation
- between 14 and 7 days before the event 50% of the total contractually agreed price
- less than 7 days before the event 100% of the total contractually agreed price
7.4 Für event rooms:
- until 6 months before the event free cancellation
- between 6 and 2 months before the event 50% of the total contractually agreed price
- between 2 months and 1 month before the event 75% of the total contractually agreed price
- less than 1 month before the event 100% of the total contractually agreed price
8. Use of space & rooms
8.1 The space may be used for the time period, number of persons and purpose agreed.
8.2 Any use beyond the agreed period may only be agreed by means of renewal of the contract.
8.3 Visitors shall only be allowed to access the public areas of VAC. Receiving visitors in the coworking space shall not be permitted for organisational reasons and out of consideration for other users. Public areas like the café may be used for meeting visitors. For visitors to be received in meeting rooms separate access authorisations are needed, which may be obtained from the VAC Team upon request at the time of booking. The maximum number of visitors in meeting rooms and event rooms shall be limited to the maximum capacity (number of persons) of the relevant room.
8.4 The customer undertakes not to use the infrastructure for any unlawful business or activities contra bonos mores (e.g. distribution and/or consumption of pornographic material) and/or conduct that is harmful to the business, in particular the business of the Vienna Airport Group.
8.5 Passing on the agreed premises to third parties shall be excluded.
8.6 Keeping pets shall be prohibited without exception.
8.7 The customer shall put up his/her own FF&E, furniture or technical periphery only after prior written agreement with VAC.
8.8 Any use of the premises by a number of persons that is higher than the one agreed may violate fire safety regulations and shall therefore be subject to prior consultation with VAC.
8.9 Any items, documents, etc. brought onto the premises shall be removed after the end of the event or function. In the case that they are not removed, they shall be removed by VAC at the cost of the customer.
8.10 Cleaning costs shall generally be borne by VAC. In the case of extreme soiling which exceeds the usual degree VAC reserves the right to invoice a special cleaning fee as incurred.
8.11 If a different set-up of chairs which was not agreed is required at short notice on the day of the seminar, an hourly flat rate shall be invoiced for the additional work required. The amount of this flat rate shall be defined in the contract.
Technical support in meeting rooms and event rooms
8.12 A short training session (approx. 10 min) on how to use the available technical equipment may be given upon request prior to an event. Such training shall take place upon prior appointment.
8.13 Upon request, VAC shall gladly provide the customer with a technician for the duration of the event. The costs thereof shall be agreed in the contract.
8.14 If the standard equipment of VAC is not sufficient for an event, the customer can obtain technical partners and technical equipment from VAC with costs.
Assembly and disassembly in event rooms
8.15 If help with assembly or disassembly is needed, VAC or a partner of VAC shall provide the relevant staff upon request and against a fee.
8.16 If the customer needs time for assembly or disassembly before or after the event, the customer shall inform VAC thereof at the time of booking so that the required time can be granted. The time for assembly or disassembly shall be invoiced in accordance with a separate tariff.
8.17 Putting up decoration shall only be permitted in agreement with VAC and upon VAC’s consent. In the case that putting up or taking down decoration causes any damage, the repair of such damage shall be invoiced to the customer.
8.18 The customer shall be sent a digital access code for access to the coworking space and the meeting rooms after payment. By means of this code the customer will have unimpeded access to the agreed services during the agreed period of time. In the case of long-term contracts (more than 1 month) the customer will be provided with personal access options.
8.19 A handover date for access to the event locations shall be agreed, after which the customer shall have unimpeded access. The rooms shall be handed over free from defects. If a defect or damage exists at the time of handover, it shall be stated in the relevant form sheet which is to be signed upon handover.
8.20 A loss of the digital access medium that was handed over in connection with the contract shall immediately be reported to VAC. Any and all costs incurred due to a loss of the digital access medium shall be invoiced to the customer subsequently.
8.21 Depending on the tariff chosen, use of VAC’s office space shall either be possible within VAC’s regular opening hours or 24 hours a day. The regular opening hours are working days from 8 a.m. to 6 p.m. Access to the building between 6 p.m. and 8 a.m. is only possible for bookings with 24/7 access.
8.22 In the case that VAC approves of changes to the workspace the customer shall be responsible himself/herself for obtaining whatever official permits may be required. The costs incurred thereby shall exclusively be borne by the customer.
9.1 Setting off claims of the customer against claims of VAC shall be excluded unless
a) VAC becomes insolvent and the customer's claim were to become part of the insolvent's estate,
b) a non-appealable/final judgment has been rendered on the customer's claim, or
c) VAC has expressly acknowledged the customer's claim in writing.
10. Termination by notice / for important ground (cause)
10.1 The contractual relationship shall end upon termination for important ground (cause), termination by notice or expiry of the agreed term.
10.2 In the case of long-term coworking-contracts (more than one month) both parties may terminate the contractual relationship in writing within the agreed term by giving 14 (fourteen) days’ notice as of the last day of every calendar month. The International Corner package is an exception to this rule.
10.3 In addition, VAC shall be entitled to terminate the contractual relationship for important reason (cause) in writing with immediate effect.
Besides the grounds of Section 1118 of the Austrian Civil Code [ABGB], the following shall be important reasons:
(b) the customer does not agree to a change of the GTC;
(c) the event puts VAC's business operation at risk;
(d) the event cannot be carried out due to force majeure. Force majeure means that the incident causing the damage comes from outside, i.e. the cause of it may not be attributed to the nature of the matter at risk and the incident can neither be averted nor rendered harmless, not even by the utmost care that can be asked for;
10.4 The contractual relationship shall end with no notice of termination being required once it is clear that no insolvency proceedings will be opened over the customer's assets despite his/her inability to pay.
11. Place of jurisdiction
11.1 The parties agree that all disputes arising out of or in connection with these General Terms and Conditions or the contract concluded between the parties shall be subject to the exclusive jurisdiction of the court having jurisdiction over the subject matter and over the First District of Vienna.
11.2 These GTC and any contracts of which these GTC are a part shall be subject to Austrian law; UN Sales Law shall be excluded.
12. Final provisions
12.1 No oral side agreements exist. All side agreements shall be made in writing.
12.2 The customer permits VAC to state the customer as a reference user in press releases or for other purposes.
12.3 In the case of ineffectiveness of any clauses of these GTC or the contract concluded with VAC the validity of the remaining provisions shall not be affected thereby. The regulation which is ineffective in whole or in part shall be replaced by a regulation the financial result of which comes as close as possible to the ineffective regulation and the intention of the parties; the same shall apply in the case of a gap.
13. House rules for AirportCity Space
13.1 The rooms of VAC are used jointly and serve the purpose of interaction between companies and persons. At the same time VAC stands for efficiency and innovation. Our aim is that users of our services experience the largest gain possible. We strive to provide the optimum environment for best results.
13.2 This is why we expect the users of our space to be polite, ready to help and to act with care. All our users are a part of this inspiring environment and may influence the same. Every user is part of the experience at Vienna AirportCity.
13.3 Smoking is not permitted in the rooms and on the terraces of VAC. The entire building is equipped with fire detectors which trigger an alarm when smoke develops. In the case of non-compliance any costs resulting therefrom shall be fully borne by the customer.
13.4 When using the rooms of VAC no other users must be hindered or prevented from accessing or using the services and the infrastructure of VAC.
13.6 The house rules of this building shall apply in the generally accessible areas of Office Park 4 and shall be complied with by the users.
Meeting rooms and event rooms
13.7 Users of meeting rooms and conference rooms shall not be allowed to bring along food or beverages.
13.8 After use meeting rooms shall be left tidy and in a proper condition for the next user.
13.9 Access will be granted 10 minutes before the start and will end 10 minutes after the end of the meeting. If a prolongation is required, this shall be deemed a new booking. These blocks shall be available for setting up the meeting room and for tidying up after the meeting. Subsequently, the rooms will be cleaned by VAC or a company instructed by VAC.
Working atmosphere in the coworking space
13.10 Please use the signs stating that you are working in a concentrated manner. This way colleagues can gauge whether you want to be approached.
13.12 Coworking members may heat up and eat food they have brought along in the kitchenette. Please pay attention to hygiene. Crockery used must be put into the dishwasher and leftovers and waste must be disposed of properly.
13.13 Celebrations on the premises of VAC are subject to approval. Drinking alcohol in coworking areas is prohibited.
13.14 Coworking spaces must be left tidy and in a proper condition for the next user after use. Waste shall be disposed in the appropriate bins.
13.15 The VAC team shall be informed without delay about any damage, soiling, missing equipment, etc. so that defects can be remedied as quickly as possible. We kindly ask for your cooperation even if you are not the one who caused the defect.
13.16 Don't hesitate to take action yourself if it is something that can be done easily.
13.17 Please comply with the health protocol to keep everyone healthy. This includes:
- Using the disinfectant dispensers and washing hands regularly.
- Please do not access the premises of VAC in the case of symptoms of a disease or fever to keep other users safe. If you cannot use your per-day booking due to illness, you may get a voucher for the booking which can be used on another day, provided that you submit a medical certificate.