General Terms and Conditions (GTC) Haus am Fluss AG

1. Scope

These General Terms and Conditions (hereinafter referred to as GTC) apply to the use of the property areas (Haus am Fluss AG) and/or the restaurant premises as well as to all related services and deliveries provided by Haus am Fluss AG to customers. All quotations and offers from Haus am Fluss AG are based on these GTC. They form an integral part of every contract. Amendments to these GTC require an express written agreement between the parties. This also applies to the waiver of the written form requirement. If these GTC conflict with any contractual terms of the guest, these GTC shall take precedence.

2. Conclusion of Contract

Following the reservation by the customer, the customer receives a written reservation confirmation from Haus am Fluss (by email). The contract between the parties is only concluded with this written reservation confirmation from Haus am Fluss to the customer.

3. Services, Payments and Prices

3.1
Haus am Fluss undertakes to provide the services ordered by the guest and confirmed in writing by Haus am Fluss
3.2
All prices are in Swiss francs (CHF) and include value added tax (VAT).
3.3
Haus am Fluss is entitled at any time to demand an appropriate deposit. The amount of the deposit and the payment dates are agreed in writing in the contract. If the customer fails to meet the deposit obligation on time, Haus am Fluss is entitled to withdraw from the contract after setting an appropriate grace period. The customer is liable for any resulting damage.
3.4
If no deposit is required by Haus am Fluss, the full invoice amount must be paid by credit card by the organizer no later than the end of the event. If payment by invoice is agreed, the full invoice amount is due 10 days after the invoice date. In the event of late payment, Haus am Fluss is entitled to charge default interest at a rate of 5% as well as any debt collection and recovery costs.
3.5
Price changes by Haus am Fluss are expressly reserved. Price adjustments are customary at seasonal changes or in the event of short-notice and significant price increases by suppliers or in raw material prices.
3.6
Haus am Fluss accepts cash and all electronic payment methods. Cryptocurrencies are not accepted.

4. Liability

4.1
The customer is liable to Haus am Fluss for all damage, loss or other harm caused by the customer, its employees, its agents or the event participants. Haus am Fluss accepts no liability for theft or damage to items brought in by the customer, event participants or third parties. Insurance for exhibits as well as other items brought in by the customer, event participants or third parties is the responsibility of the organizer. Haus am Fluss may request proof of adequate insurance from the organizer at any time.
4.2
The customer is obliged to maintain peace and order. He/She undertakes to fully indemnify Haus am Fluss against all civil and public-law claims asserted by authorities or third parties (including event participants, guests or employees and contractual partners of the organizer) against Haus am Fluss as a result of the event, and to bear the full amount of any such claims.
4.3
Haus am Fluss is liable only in the event of intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular in the event of slight or moderate negligence or for indirect damage, especially lost profit, is excluded. When arranging external services, Haus am Fluss assumes no liability whatsoever for services ordered by the organizer.

5. Withdrawal by Haus am Fluss

5.1
If the contractual performance owed by Haus am Fluss Bello is wholly or partly significantly impeded or made impossible by force majeure (according to Swiss understanding, in particular natural disasters such as storms, floods or earthquakes as well as fire, hostage-taking, war, unrest, nuclear & reactor accidents, strikes, epidemics/pandemics, unforeseeable official restrictions, etc.) or other circumstances for which Haus am Fluss Bello is not responsible, Haus am Fluss may withdraw from the contract in whole or in part without compensation to the extent of the part of the contract not yet fulfilled.
5.2
Haus am Fluss is also entitled to withdraw without compensation if there is justified reason to believe that the event may endanger the smooth running of business, the safety or the reputation of Haus am Fluss in public or if the organizer breaches clause 12 of these GTC. Any claims for damages by Haus am Fluss against the customer are expressly reserved.

6. Withdrawal by the customer

If it is impossible for the customer to obtain the agreed services due to force majeure (according to Swiss understanding, in particular natural disasters such as storms, floods or earthquakes as well as fire, hostage-taking, war, unrest, nuclear & reactor accidents, strikes, epidemics/pandemics, unforeseeable official restrictions, etc.), the customer may withdraw in whole or in part without compensation to the extent of the part of the contract not yet fulfilled.

7. Event times

The event times are communicated when the contract is concluded, or published on the website. In principle, the official opening hours always apply. Any extension of the opening hours must be agreed in advance and must be compensated.

8. Notification of number of persons

The customer must notify Haus am Fluss of the final number of participants (guaranteed number) as early as possible. The selection of food and beverages must be defined no later than 15 working days (20 working days for groups of more than 80 people) before the event. Up to 7 working days (15 working days for groups of more than 80 people) before the event, the number of persons may be reduced by a maximum of 20% compared with the signed quotation; an increase is possible depending on reservation capacity, but must be confirmed in writing by Haus am Fluss. After that, no further adjustments are possible and the agreed number of persons / number of meals will be invoiced.

From the 6th working day (for groups of more than 80 people, the 14th working day) until the day of the event, no further changes to the offer or the number of persons are possible. The last reported number of persons will be used for invoicing. If more people than reported attend the event, this number of persons will be charged, provided that catering for the additional persons is possible.

Haus am Fluss reserves the right to define the offer and the number of persons at an earlier stage on an individual basis and in writing with the customer. This applies in particular to groups of 80 or more people, or to the exclusive rental of the premises/areas.

9. Cancellation conditions for group reservations of 9 persons or more with or without F&B services

9.1
Cancellations of a group reservation (from 9 persons) must be communicated to Haus am Fluss as early as possible and in writing. The following cancellation conditions apply both to the cancellation of bookings and to unannounced no-shows.
9.2
For group reservations cancelled up to the 15th working day before the event day, 100% of the consulting and project coordination effort performed (defined in the quotation, min. CHF 400.00 excl. VAT) may be charged. After that, the following cancellation conditions apply:

From the 30th to the 16th working day before the event day: 50% of the consumption defined in the quotation incl. the calculated beverage turnover (based on the last reported number of persons, according to sec. 8), or at least the minimum consumption if the quoted amount is lower.èThis tier applies only to groups consisting of 80 or more people

From the 15th to the 4th working day before the event day: 75% of the consumption defined in the quotation incl. the calculated beverage turnover (based on the last reported number of persons, according to sec. 8), or at least the minimum consumption if the quoted amount is lower.

3rd to 0th working day before the event day: 100% of the consumption defined in the quotation incl. the calculated beverage turnover (based on the last reported number of persons, according to sec. 8), or at least the minimum consumption of CHF 30.00 per person if the quoted amount is lower.

For all cancellations, any services provided in advance by Haus am Fluss must also be paid in full in any case.

9.3
Haus am Fluss reserves the right to make cancellations due to official regulations or extraordinary

circumstances at its own discretion, without any further claims against the customer.

11. Use of premises / seating / permits

11.1
Haus am Fluss reserves the right to make changes to the room allocation, provided that the premises meet the requirements and interests of the organizer and are reasonable for the organizer. Any subletting or re-letting of rooms or areas by the customer requires the prior written approval of Haus am Fluss.
11.2
Haus am Fluss is responsible for seating the guests. In principle, the furniture available in the Food Hall is provided. Special seating arrangements are not taken into account unless otherwise stated in the quotation. Seating is defined by Haus am Fluss in all cases with optimal distribution. The official minimum distances are observed at all times. Chairs, tables and benches may not be repositioned by guests themselves.

11.3
The possibilities in the bar and on the premises are governed by the operating permit issued by the City of Zurich. This must be strictly observed. All safety-related and operational issues must be discussed with Haus am Fluss.

12. Fire regulations / other safety regulations / attaching decorative materials

12.1
The customer undertakes to comply with the fire regulations of Haus am Fluss, in particular keeping escape routes clear, observing the smoking ban, etc. Decorative materials brought in by the organizer must also comply with the fire regulations.
12.2
Attaching decorative materials and other objects to walls, doors and ceilings always requires the prior consent of Haus am Fluss. The customer is liable for any damage resulting therefrom to Haus am Fluss.
12.3
The temporarily issued requirements and measures of various official authorities for the opening of food service establishments must in all cases, and regardless of the form of visit (with or without reservation), be strictly observed and are binding. The regulations are posted in the entrance and bar area. If the requirements are not observed, Haus am Fluss may exercise its right of premises and remove guests from the premises. The customer is liable for any resulting damage to Haus am Fluss. In the event of non-compliance with the requirements and measures, any liability claims by third parties are rejected.

13. Printed materials / media advertisements

Use of the logos/images of Haus am Fluss in any form by the customer always requires prior written approval. If publication takes place without the corresponding consent, Haus am Fluss is entitled to withdraw from the contract. The customer is liable for any resulting damage to Haus am Fluss. Professional video and image recordings on the premises of Haus am Fluss require written confirmation.

14. Catering

Unless otherwise agreed in writing, the customer is obliged to obtain all food and beverages from Haus am Fluss. Otherwise, a previously agreed corkage fee will be charged. It is not permitted to consume food and beverages in the bar or on the premises of Haus am Fluss that were not sold by Haus am Fluss.

15. Epidemic / pandemic (e.g. COVID-19)

Haus am Fluss strictly complies with the official requirements to protect guests and employees during an epidemic/pandemic. The protective measures may be changed by the authorities at any time and must therefore be continuously adjusted. Haus am Fluss guarantees its guests and employees careful handling in the area of hygiene and protective measures. Each guest bears personal responsibility and is obliged to comply with the prescribed protective measures. The corresponding measures are communicated at the entrance of Haus am Fluss. Failure to comply with the official protective measures can lead to expulsion and a ban from the premises. The guest is liable for any resulting damage to Haus am Fluss. In the event of non-compliance with the requirements and measures, any liability claims by third parties are rejected.

16. Governing law / place of jurisdiction

Swiss law applies exclusively to the contract. The place of performance and place of jurisdiction is Zurich. If individual provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions. In such a case, the legally invalid provision shall be replaced by a similarly appropriate but valid provision.

Zurich, May 2023