legal

Terms and Conditions (T&C)

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1) Scope

1.1 The following provisions apply to all reservations, catering, and events at UPSIDEDOWN by Stefan Marquard. They may be supplemented by event-specific contracts concluded on a case-by-case basis. Acceptance of our services constitutes recognition of these Terms and Conditions.

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2) Reservations and Cancellations

2.1 We reserve the right to accept a reservation at our restaurant (especially on weekends or other high-demand days) only upon provision of credit card information. We are entitled to charge the respective credit card for the cost of catering (if not paid immediately following the dining experience) and any compensation due under the following provisions. This also applies to catering costs or compensations arising from follow-up transactions.

2.2 Reservations are binding with respect to the reserved time and the number of reserved seats or announced guests. However, you may cancel your reservation (for up to 6 people) entirely or partially (i.e., for specific seats/guests) by 4:00 PM on the reserved day without incurring any costs.

2.3 If a cancellation is not made by the time specified in section 2.2, we are entitled to charge a flat compensation of EUR 50.00 per unclaimed or canceled seat for goods and production costs. The same applies if reserved seats are not claimed at the agreed time, i.e., if the guests do not appear or do not appear in the announced number (No-Show Fee).

2.4 If reserved seats are not claimed within 30 minutes of the reserved time (i.e., the announced guests do not appear), we are entitled to reallocate the seats. Section 2.3 also applies in this case. However, any income earned from reallocating the reserved seats will be credited against the compensation under section 2.3.

2.5 Cancellations can only be made via phone or email.

2.7 Events

2.7.1 The organizer may cancel the event contract in accordance with the following conditions. Cancellations must be made in writing (by letter or email), and the time of receipt by UPSIDEDOWN by Stefan Marquard is decisive.

2.7.2 Cancellations made up to 2 months before the event date are free of charge. For later cancellations, the organizer is required to pay cancellation fees to UPSIDEDOWN by Stefan Marquard according to the following scale:

• Up to 6 weeks before the event: 25% of the estimated total cost

• Up to 4 weeks before the event: 50% of the estimated total cost

• Up to 2 weeks before the event: 75% of the estimated total cost

• Less than 2 weeks before the event: 100% of the estimated total cost

2.7.3 The contractually agreed expected number of attendees serves as the billing basis and may be reduced by a maximum of 5% no later than 5 business days before the event. Agreed minimum numbers of attendees or minimum revenue requirements remain unaffected. UPSIDEDOWN by Stefan Marquard reserves the right to change the assigned room.

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3) Payment Terms

Payments are to be made in euros and can generally be settled in cash, by credit card, or via EC payment.

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4) Vouchers

4.1 We issue only monetary value vouchers. These vouchers are denominated in a specific monetary value (e.g., EUR 100.00).

4.2 Vouchers can only be used to pay for food and beverages consumed at our restaurant. Cash payouts of the voucher value are not possible.

4.3 Unused amounts of a voucher can be redeemed during a subsequent visit to the restaurant. Payouts of unused voucher balances in cash are not possible.

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5) Liability

5.1 We are fully liable under statutory provisions for damages caused intentionally or through gross negligence by us, our legal representatives, or vicarious agents.

5.2 For damages caused by slight negligence, we are only liable if:
5.2.1 Essential contractual obligations are violated. These are obligations that enable the proper execution of the contract and on which our guests regularly rely. Essential obligations also include those whose breach endangers the achievement of the contract's purpose.
5.2.2 Obligations regarding the consideration of guests' rights, legal interests, or assets are violated, rendering our services unreasonable for the guests.

5.3 In cases under section 5.2, our liability is limited to foreseeable, contract-typical damages. In all other cases, we are not liable for slight negligence.

5.4 The liability limitations in sections 5.2 and 5.3 do not apply to damages resulting from injury to life, body, or health. They also do not apply to claims under product liability law, fraudulent concealment of defects, guarantees, or in cases where statutory liability rules are mandatory.

5.5 The provisions in this section 5 also apply to personal liability of our governing bodies, representatives, and vicarious agents.

5.6 Please take care of your personal belongings. We do not accept liability for the loss, misplacement, or theft of clothing or other personal items.

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6) Jurisdiction

The place of jurisdiction for disputes arising from or related to contractual relationships governed by these Terms and Conditions is Innsbruck.