General Terms & Conditions

1. APPLICATION OF THE TERMS AND CONDITIONS (GTC) ONLINE PURCHASES –VERSION 2022/10

1.1. For all current and future business transactions with the Donauturm Aussichtsturm- und Restaurantbetriebsgesellschaft m.b.H, Donauturmplatz 1, 1220 Vienna, FN99156v (hereinafter "Donauturm"), which is processed via the website www.donauturm.at and shop.donauturm.at regarding the online Sale of tickets and vouchers, the following general terms and conditions apply exclusively. These GTC expressly do not apply to the sale of services and goods that are purchased on site in the shop. The validity is agreed, even in the event that no express reference is made to these General Terms and Conditions.
1.2. The customer's general terms and conditions only become part of the contract if this has been expressly confirmed in writing by Donauturm. Actions to fulfill a contract are expressly not deemed to constitute consent to contractual conditions that deviate from these General Terms and Conditions.

2. OFFER/CONCLUSION OF A CONTRACT

2.1. Insofar as the binding force of an offer is not expressly agreed, all offers from Donauturm shall be non-binding and an order by a purchaser shall be considered valid only with the dispatch of an order confirmation by Donauturm. At this point, the contract is considered complete.
2.2. Donauturm reserves the right to reject offers from potential customers without justification or not to enter into a contractual relationship with customers.
2.3. As part of the registration process, the client must fully and truthfully enter his/her first name and surname, date of birth, delivery address (no P.O. Box), a valid e-mail address and phone number and, if necessary, the company and details of the authorised representative. If the data entered changes after registration, the user shall undertake to immediately update the information.
2.4. Donauturm reserves the right to reject offers from potential customers without justification or not to enter into a contractual relationship with customers.

3. PRICE, PAYMENT CONDITIONS

3.1. Unless otherwise expressly agreed or noted, all prices quoted are in Euro and include sales tax.
3.2. Donauturm reserves the right to adjust prices in the future.

4. CANCELLATION POLICY / EXCHANGE AND RETURNS

4.1. Donauturm sells vouchers, vouchers and tickets online. Vouchers are money credits in the amount of the purchased voucher towards the Danube Tower and are valid for 30 years. Experience vouchers, on the other hand, are goods and/or services ordered separately, such as a cake, flowers or special service by employees of the Donauturm. Tickets entitle entry to the selected attractions under the selected conditions. In principle, the customer has a right of withdrawal after purchasing these vouchers, experience vouchers or tickets online. The customer has no right of withdrawal in the case of adventure vouchers if the ordered services have already been fully rendered by Donauturm or the ordered goods have already been made available by Donauturm. If, for example, a birthday cake is ordered for a date in 7 days in the form of an adventure voucher, the customer cannot withdraw from this purchase by exercising a right of withdrawal.

The declaration of withdrawal must be sent within the period (according to the cancellation conditions) without giving reasons. This right of return applies to customers who are consumers within the meaning of the Consumer Protection Act.

5. FINAL PROVISIONS

5.1. If a provision of a contract should be ineffective or unenforceable, this does not affect the validity or enforceability of the remaining provisions of the contract. In such a case, the contracting parties will endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the purpose of the provision to be replaced. This applies analogously to an addition to a contract in the event of gaps in the contract.
5.2. All contracts concluded by Donauturm are subject to Austrian substantive law, excluding the reference norms of international private law. The UN sales law does not apply.
5.3. For all legal disputes about the conclusion or the legal validity of a contract or in connection with a contract, including its preliminary and subsequent effects, the exclusive jurisdiction of the objectively relevant court at the headquarters of Donauturm is agreed. For customers who are consumers within the meaning of the Consumer Protection Act, only the court in whose district the domicile, habitual residence or employment of the customer is located is responsible for lawsuits against the customer.
5.4. Donauturm reserves the right to change these terms and conditions at any time. Such changes will be announced separately and only affect contracts concluded after the amendment and announcement of the General Terms and Conditions.  

APPLICATION OF THE TERMS AND CONDITIONS (GTC) EVENTS – VERSION 2023-02

1.1. The following terms and conditions shall apply exclusively to all present and future transactions with Donauturm Aussichtsturm- und Restaurantbetriebsgesellschaft m.b.H, Donauturmplatz 1, 1220 Vienna, commercial register no. FN99156v (hereinafter referred to as “Donauturm”) that concern the hiring of venues. This shall also apply to contractual relationships that are passed on to Donauturm through the law of succession. The application shall be agreed, even in the event that express reference is not made to these GTC.
1.2. These GTC shall apply to all cases concerning the hiring out of venues by Donauturm as of 1 February 2023 and shall replace all currently existing GTC without substitution.
1.3. Deviating or supplementary provisions, particularly the terms and conditions of the client, shall constitute an integral part of the contract only if this is expressly confirmed in writing by Donauturm. Actions taken to fulfil the contract shall explicitly not constitute an acceptance of provisions that deviate from these GTC.

2. SCOPE OF SERVICES AND CONCLUSION OF CONTRACT

2.1. Donauturm shall hire out its venues to third parties (hereinafter referred to as “Organisers”) for events for a fee.
2.2. The venues, beginning and duration of the event to which these T&Cs refer, other services to be provided by Donauturm and the fees agreed for these shall be specified in the separately concluded contract (hereinafter referred to as “Hire Contract”).
2.3. The Contract shall be concluded on acceptance of the quote provided to the Organiser by Donauturm. Acceptance shall occur when a reservation confirmation is sent to the Organiser. If the reservation confirmation contains conditions that do not coincide with the quote provided to the Organiser, these shall be considered as approved if the Organiser has not objected to them within 24 hours.
2.4.  The contractual parties are Donauturm and the Organiser. If a third party has concluded the contract on behalf of the Organiser, the third party in question shall be liable to Donauturm, in addition to the Organiser, as joint tortfeasor for all obligations in this Contract.
2.5. Subleasing or subletting the hired venue and using it for a purpose other than the reason for the event shall require prior written consent from Donauturm.
2.6.  The Organiser shall undertake to explain immediately and without prompting, but on concluding the contract at the latest, whether its planned event in a Donauturm venue is likely to generate public interest or potentially have a negative effect on Donauturm’s interests, owing to its political, religious or other nature.
2.7. Newspaper adverts, other advertising materials and publications that make reference to Donauturm shall require prior written approval from Donauturm.
2.8. If the Organiser violates this duty of disclosure pursuant to point 2.6. or produces a publication without consent pursuant to point 2.7., Donauturm shall be entitled to prohibit the use of the venue for the desired purpose or to withdraw from the contract entirely.

3. HIRING THE VENUE

3.1. Donauturm shall undertake to make the venue booked by the Organiser available at the agreed time and to provide the agreed services, provided that the Organiser has complied with its payment obligations. If the agreed start and/or end times are changed, Donauturm shall be entitled to charge for the additional costs for providing staff and equipment that this incurs. For events that continue on past midnight, from this point on Donauturm shall be entitled to charge for additional staff costs and travel costs for employees.
3.2. The Organiser shall be obligated to notify Donauturm at the time of booking of the anticipated number of attendees in the event. The definitive number of attendees must be sent to Donauturm in writing at least 14 working days before the day of the event. In the event of increasing the number of participants, an invoice shall be provided for the actual number of participants and in the event of a reduction, cancellation conditions pursuant to point 5 shall also apply.
3.3. Food and drink for consumption cannot be brought into the venue without express consent from Donauturm. Donauturm reserves the right to invoice an equivalent charge for food and drink that is brought in. Furthermore, Donauturm shall assume no liability for food and drink that is brought in.
3.4. If Donauturm handles technical or other equipment belonging to a third party at the Organiser’s request, Donauturm shall act on the Organiser’s behalf and account. In this respect, the Organiser shall undertake to indemnify Donauturm from all claims by third parties. Written agreement from Donauturm shall be required for the Organiser to use its own electrical systems and appliances using Donauturm’s mains supply. If the use of these systems and appliances causes disruption or damage to Donauturm’s technical infrastructure, the Organiser shall be charged to the fullest extent. The Organiser shall ensure that the appliances are safe to use and shall prove this on request. Donauturm shall be entitled to calculate and charge a flat rate for the cost of the energy used.
3.5. Handling flammable materials and performing with naked lights or fire/pyrotechnical products is not permitted.
3.6. The Organiser shall have the option to use its own phone, fax and data communications equipment with Donauturm’s agreement. Donauturm shall then be entitled to charge for access and connection fees.
3.7. If official permits are required for the event, the Organiser shall obtain these permits at its own expense in good time prior to the event, register the event in due form and provide a copy of the confirmation as proof three days before the start of the event, at the latest. All potential official requirements, of any nature, shall be met by the Organiser at its own expense and in such a way that does not incur any cost or harm to Donauturm. Any officially stipulated participation of public supervisors shall be ensured by the Organiser in good time and at its own expense. If compliance with the stipulated official requirements is not guaranteed by the Organiser (any longer), for whatever reason, Donauturm may prevent the event from taking place or cancel it. Should this be the case, the cancellation conditions pursuant to point 5 shall apply correspondingly. The Organiser shall confirm its awareness of the provisions of applicable events laws, as well as other event-specific laws and ordinances.
3.8. For musical performances using all kinds of sound and image carriers, the Organiser shall obtain performance rights from AKM. According to the law, the Organiser shall undertake to file an application for the appropriate licence from AKM before the start of the event. In the event of failure to do so, the Organiser must anticipate claims for damages according to copyright law.
3.9. Official regulatory bodies, government officials and Donauturm employees and representatives shall be allowed access to the venue covered by this Contract at any time.

4. USE OF OWN TECHNOLOGY

4.1. If the Organiser plans to place or set up decorations, technical installations or technical systems in the venue, this shall be agreed in writing in advance. If this is the case, the venues and structures belonging to Donauturm must not be damaged. Fitting/setting up must be carried out by qualified specialists and all relevant legal provisions, particularly fire safety and event regulations, must be observed. With regard to (technical) structures and systems, the Organiser shall be responsible for ensuring that the space provided for the event, including all equipment, furnishings, other systems and resources, are not damaged, especially the walls and floors. Decorations and structures provided by Donauturm shall remain the property of Donauturm and any damage to the decorations and structures, of any nature, shall be the fault of, and replaced by, the Organiser. The Organiser shall hold Donauturm harmless and indemnify it in this respect. The Organiser shall also bear the costs of decorations and structures.
4.2. Donauturm shall assume no liability whatsoever for any kind of item that is brought into the Donauturm venue, sent to Donauturm before the start of the event or collected after the end of the event. This includes theft, robbery and burglary, in addition to damage. All risks shall be borne by the Organiser, which shall hold Donauturm harmless and indemnify it from all possible claims. Surveillance shall not be provided by Donauturm.
4.3. All items brought to the venue must be removed immediately after the event ends. Donauturm shall be entitled to remove abandoned items and dispose of them at the Organiser’s expense. If disposal is associated with disproportionately high costs, Donauturm shall have the option to leave the items in the event room and charge the respective room hire fee for the duration that they remain there.
4.4. The Organiser shall undertake to dispose of packaging material that it brings in. In the event of failure to do so, Donauturm shall be entitled to dispose of this at the Organiser’s expense.

5. METHODS OF PAYMENT, DURATION OF THE CONTRACT AND TERMINATION

5.1. The organizer shall undertake to pay a deposit in the amount of 50% of the booked service within 14 days after receipt of the deposit invoice for the use of the premises or the use of other services, if the event is booked up to 60 days before the event date. For reservations 59 to 14 days before the date of the event, a deposit of 50% of the booked service must be paid within 7 days of receipt of the deposit invoice. For services and expenses of Donauturm to third parties arranged by the organizer, Donauturm is entitled to invoice these services also after the event.
5.2. The agreed prices shall include the relevant statutory vat. If other taxes and fees apply, these shall be paid by the organiser. If the taxes and fees change after the contract is concluded or new taxes and fees come into effect, then these shall also be paid by the organiser. The organiser is responsible for filing and paying all fees and taxes, as well as event-related taxes (e.g. Entertainment tax).
5.3. In the event of late payment, Donauturm shall be entitled to charge interest of 8% over the base rate p.a., and 4% p.a. for the public. Donauturm shall reserve the right to enforce further damage for delays.
5.4. If the period between concluding the contract and fulfilling the contract is longer than four months and the price for the services as calculated by Donauturm increases in that time, the contractually agreed price may increase appropriately. However, this can only be adjusted by a maximum of 15%.
5.5. If the Organiser subsequently requests changes to the number of rooms booked or the services provided by Donauturm and Donauturm agrees to this, an appropriately modified price shall be charged.
5.6.The Organiser may terminate the contract free of charge up to 60 days before the event should the event be booked up to 60 days before the event date. In case of cancellation 59 to 14 days before the event, the deposit in the amount of 50% will be retained. 14 days before the event the organizer has to inform about the guaranteed number of persons. In case of reduction or cancellation after this date, 100% of the agreed turnover is to be paid (in case of doubt, consumption per person as agreed x number of registered persons). Termination must be submitted in writing.
5.7. If the agreed deposit is not paid on time, Donauturm shall be entitled to withdraw from the contract after settling a grace period of three days. Furthermore, Donauturm shall be entitled to withdraw from the contract due to reasonably justified grounds, for example if events re booked by providing misleading or false essential information, e.g. regarding the identity of the Organiser or the purpose; Donauturm has justified cause to believe that the event may jeopardise smooth business operation or there is a significant violation of these terms and conditions. Withdrawing from the contract in this manner may also be announced during the event, whereby the event shall be immediately cancelled. In the event of legitimate withdrawal according to these provisions, the organiser shall have no claims against Donauturm.

6. LIABILITY

6.1. Holding the event and all provisions occurring in connection with this shall be at the sole risk of the Organiser and the individuals that it calls in for this purpose.
6.2. Donauturm shall assume no liability for accidents and/or damages that affect the Organiser, its employees, suppliers, guests or third parties. This exclusion of liability shall also apply to all accidents that occur on Donauturm’s premises.
6.3. Therefore, the Organiser shall undertake to hold Donauturm harmless and indemnify it if a claim is made against Donauturm by third parties in connection with damages from an event.

7. USE OF IMAGE MATERIAL

Donauturm may use photos and videos of events for marketing purposes unless an explicit contrary agreement is made.

8. FINAL PROVISIONS

8.1.  Verbal agreements made by the parties prior to concluding these terms and conditions are invalid. Modifications and/or additions require the written form to be effective. This also applies to removing this requirement regarding form.
8.2. Austrian law applies to the exclusion of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
8.3. If a provision in a contract becomes invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions in the contract. If this event occurs, the contractual parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the purpose of the provision being replaced. This shall apply in turn to an addition to the contract in the event of a loophole in the contract.
8.4. For all legal disputes concerning the conclusion or legal effectiveness of a contract, or in connection with a contract, including its prior and subsequent effects, only the exclusive jurisdiction of the factual competent court for the Donauturm headquarters shall be considered valid.

GENERAL TERMS AND CONDITIONS - VERSION 2023-10- TABLE RESERVATIONS

Our entire team strives with great personal commitment to ensure that each and every guest has a wonderful time with us. In order for this to succeed, we ask for your understanding that we only make reservations in our Turm Restaurant as well as for brunch in the Turm Café on the basis of the following general terms and conditions:

1. SCOPE OF APPLICATION

The following regulations apply to all reservations and catering in our restaurants Turm Restaurant or Turm Café (brunch). By using our services in connection with reservations, the customer expressly agrees to these General Terms and Conditions and is bound by them.
2. conclusion of contract for table reservations

2.1 The Customer can book a table from the assortment in one of our restaurants, the Turm Restaurant or the Turm Café at the Brunch. All verbal, telephone or other electronic agreements are only effective after written confirmation.
2.2 During the booking process, the customer's credit card details are also requested and the credit card is authorized in the amount of € 1,- (not debited).
2.3 By clicking the "Pay" button, the customer gives a binding irrevocable order for the reservation. Necessary information is marked with an asterisk (*).
2.4 Donauturm will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's reservation is listed again (order confirmation).
2.5 We point out that a binding table reservation, whether directly (by email or telephone) or via a reservation platform, only comes about if all information, in particular the contact details such as phone number and email address are correct. Otherwise we are forced not to accept the reservation and to release the reserved seats.

3. CHANGES AND CANCELLATIONS

Since our restaurants have a limited number of seats and the food we offer is always fresh and elaborately prepared, we cannot offer much flexibility in the allocation and reservation of the available seats. In particular, in the case of larger reservations, we are regularly forced to turn away other guests. Against this background, the damage that we incur through non-compliance or unreasonably short notice cancellation of reservations is considerable. We therefore ask for your understanding that we reserve the right to assert this damage, if necessary, in accordance with the following regulations. Please also understand that we will not notify you again in such a case.

3.1 We reserve the right to make a reservation in our restaurants (Turm Restaurant and at the brunch in the Turm Café) only against deposit of a credit card information. We are entitled to charge the respective credit card of any owed compensation.
3.2 Reservations are binding with regard to the reserved time and the number of reserved seats (i.e. the announced guests). However, you may cancel your reservation in whole or in part (i.e. with respect to individual seats/guests) no later than 48 hours before the reserved time without incurring any costs. From 13 persons, our payment and cancellation modalities for group and event bookings apply (see APPLICATION OF GENERAL TERMS AND CONDITIONS (GTC) - VERSION 2023-02 - EVENTS clause 5). Cancellation can be made either by link in your order confirmation email or by email.
3.3.If a cancellation is not made no later than the time specified in paragraph 3.2, we are entitled to charge a flat fee of € 50,- per adult, € 25,- per child aged 6-14 and € 11,- per infant aged 3-5 for each place not taken or cancelled. No fee will be charged for infants under 3 years of age: The same applies if the reserved seats are not used at the agreed time, i.e. the guests do not appear or do not appear in the announced number.
3.4 If you are not responsible for the late cancellation or the non-use of the reserved seats, we are not entitled to claim compensation. In addition, you are always at liberty to prove that we have not suffered any damage as a result of the late cancellation or the non-appearance or that this damage is significantly lower than the compensation pursuant to Section 3.3. The provisions in Sections 3.3 and 3.4 shall also apply if the guests appear but nevertheless do not make use of the reserved seats but leave our restaurant again. This applies in particular in the event that more persons appear than announced in the reservation and it is not possible for us to provide additional seats. We ask for your understanding, as we are bound to a certain room layout and a maximum number of guests due to our room concept as well as existing obligations under public law.

4. The provisions of the FAGG do not apply, in particular due to the provisions of Section 18 (10) FAGG.

GENERAL TERMS AND CONDITIONS (GTC) – VERSION 2024-09 – CATERING

1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

1.1. For all current and future business transactions with Donauturm Aussichtsturm- und Restaurantbetriebsgesellschaft m.b.H., Donauturmplatz 1, 1220 Vienna, FN99156v (hereinafter referred to as "Donauturm") regarding all catering services and products, only the following General Terms and Conditions shall apply.
1.2. These GTC apply to all business cases concerning catering by Donauturm and replace any existing GTC without exception.
1.3. Deviating or supplementary terms – particularly the general terms and conditions of the customer – shall only become part of the contract if expressly confirmed in writing by Donauturm. Actions performed to fulfill the contract shall not be considered as acceptance of any terms deviating from these GTC.

2. PRODUCT OFFER

The extensive range of products is subject to seasonal changes. Should individual items be temporarily unavailable, we reserve the right to substitute them with at least equivalent goods. Naturally, our offer is a suggestion, which we are happy to modify in any way desired by our customers.

3. ORDERING AND DELIVERY

3.2. Donauturm will adhere to agreed delivery dates provided normal operational conditions prevail. Strikes, force majeure, operational disruptions of any kind, such as power outages, release us from our obligations.
3.3. Any complaints regarding the event must be reported immediately (if possible, on-site), but no later than 3 days after the event; otherwise, the service will be deemed accepted by the customer. Donauturm accepts no liability for improper storage by the client.
3.4. The duty of care for rented items lies with the client from the time of receipt until their return. Any damage or loss is the responsibility of the client.

4. USE AND CONSUMPTION OF FOOD AFTER THE EVENT

4.1. After the event, some food may remain on-site. These leftover food items are intended solely for immediate consumption by the event participants.
4.2. After the official end of the event, Donauturm assumes no responsibility for the quality, safety, or suitability of the food left on-site, taken home, or used in any other way outside the company’s control.
4.3. Donauturm does not guarantee the freshness or safety of any food that is not stored according to recommended conditions after the event. Customers are strongly advised to store and handle any food they choose to take home in accordance with applicable food safety regulations.
4.4. Any liability for damage or health impairments resulting from the consumption of food after the event is excluded. Customers are responsible for the use and storage of the food after the event.

5. PAYMENT TERMS, CONTRACT DURATION, AND TERMINATION

5.1. The organizer is required to make a 50% deposit of the booked service within 14 days after receiving the deposit invoice, if the event is booked at least 60 days before the event date. For reservations made between 59 and 14 days prior to the event, the 50% deposit must be paid within 7 days after receipt of the deposit invoice. Donauturm is entitled to bill for services commissioned by the organizer and provided by third parties after the event.
5.2. The agreed prices include the applicable statutory VAT. Any additional taxes and charges are to be borne by the organizer. If taxes and fees change after the contract is concluded, or new taxes and fees come into effect, the organizer is also responsible for paying them. The organizer is responsible for registering and paying any event-related taxes (e.g., entertainment tax).
5.3. In the case of late payment, Donauturm is entitled to charge interest at the rate of 8% above the base interest rate p.a., or 4% p.a. for consumers. The right to claim further damages caused by delay is reserved.
5.4. If the time between the conclusion of the contract and the fulfillment of the contract exceeds 4 months, and the price for such services increases, the contract price may be adjusted accordingly, but by no more than 15%.
5.5. If the organizer requests changes to the number of services after the contract has been concluded, and Donauturm agrees, the price will be adjusted accordingly.
5.6. The contract may be terminated free of charge up to 60 days before the event. If the event is canceled between 59 and 14 days prior, the 50% deposit will be retained. The final number of participants must be provided 14 days before the event. Any reduction or cancellation from this point on will result in 100% of the agreed revenue being charged (the agreed consumption per person x the number of registered participants). Termination must be made in writing.
5.7. If an agreed advance payment is not made on time, Donauturm may withdraw from the contract after giving a 3-day grace period. Donauturm may also withdraw from the contract for objectively justified reasons, such as misleading information provided by the organizer regarding the event or if the event threatens to disrupt normal business operations. A withdrawal can also be made during the event, in which case the event must be immediately terminated. In the event of a justified withdrawal, the organizer has no claims against Donauturm.

6. INSURANCE

The organizer must take out any necessary insurance themselves.

7. USE OF IMAGE MATERIAL

Donauturm may use photos and videos of events for marketing purposes unless an explicit contrary agreement is made.

8. LIABILITY

8.1. The execution of the event and all related activities are solely at the risk of the organizer and the persons engaged by them.
8.2. Donauturm assumes no liability for accidents and/or damages affecting the organizer, their employees, suppliers, guests, or third parties. This exclusion of liability also extends to accidents occurring on the organizer's premises.
8.3. The organizer undertakes to indemnify and hold Donauturm harmless if Donauturm is held liable by third parties in connection with damages arising from events.

9. FINAL PROVISIONS

9.1. Oral agreements made prior to the conclusion of these General Terms and Conditions are invalid. Amendments or additions must be made in writing. The same applies to a waiver of this formal requirement.
9.2. Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
9.3. If any provision of a contract is invalid or unenforceable, this does not affect the validity or enforceability of the remaining provisions. The parties will endeavor to replace the invalid or unenforceable provision with a valid and enforceable one that comes as close as possible to the purpose of the original provision. This applies analogously to gaps in the contract.
9.4. All legal disputes regarding the formation or validity of a contract, or in connection with a contract, including its pre- and post-effects, shall be subject to the exclusive jurisdiction of the competent court at Donauturm's registered office.