General Terms and Conditions of THELL Wien

Tom Sampl GmbH, Schönbrunner Straße 30, 1050 Vienna, FN 127623 g
Restaurant & Bar THELL · thell.restaurant · offers.thell.restaurant · hallo@thell.restaurant · +43 1 587 06 72

1. Scope

1.1 These General Terms and Conditions apply to all services provided by THELL, in particular restaurant and bar visits, table reservations, group reservations, celebrations and events on the premises, private dining, off-site catering, deliveries of food and drinks, vouchers, enquiries and offers via the website thell.restaurant and the offer platform offers.thell.restaurant, and any other services.

1.2 They apply to consumers and to businesses alike. Where mandatory consumer protection law provides otherwise, that law applies. Whether someone acts as a consumer depends on the purpose of the contract; stating a company name, a VAT number or a billing address does not in itself decide this.

1.3 Individual agreements take precedence over these terms. Text form is sufficient for notices and agreements, in particular email or the function provided for this purpose on the offer platform.

2. Website and online content

2.1 The content of the website serves as general information about THELL, the restaurant, the bar, menus, events, catering and other offers.

2.2 Food menus, drinks menus, prices, opening hours, availability and event information may change. Clause 3.2 applies to contracts already concluded.

2.3 Photos, texts, menus, concepts, graphics and other content of the website may not be used, reproduced or published without the prior consent of THELL.

3. Prices and payment

3.1 For services ordered on site, the prices shown at the time of ordering apply. Unless stated otherwise, all prices include statutory VAT.

3.2 For contractually agreed services, the prices of the accepted offer apply. Later changes to menu or list prices do not change existing contracts.

3.3 In offers and invoices for celebrations and events, prices for businesses are net plus statutory VAT and prices for consumers are gross including statutory VAT. The offer states which price basis applies.

3.4 Invoices in the restaurant are due for payment immediately after the service has been provided. THELL accepts the means of payment listed on site or on the website.

4. Food, allergies and intolerances

4.1 THELL works with seasonal produce. For an objective reason, in particular lack of availability or insufficient quality, THELL may replace individual ingredients, vintages, side dishes or products with equivalent alternatives, provided the character of the dish and of the menu is preserved. Expressly agreed diets, confirmed arrangements for allergies, expressly booked special products and essential features of the menu are not changed without the customer's consent.

4.2 Allergies, intolerances, religious dietary requirements or special diets should be communicated to THELL as early as possible, for celebrations at the latest when the final number of guests is communicated (clause 9.3). This makes planning easier and allows a suitable alternative.

4.3 THELL takes communicated allergies and intolerances into account with care. Traces of allergens cannot be completely ruled out in a kitchen with many ingredients. If an allergy or intolerance is only communicated on site, it may not be possible to offer a suitable alternative at short notice.

5. Food and drinks brought along

5.1 Bringing along and consuming one's own food and drinks is not permitted as a rule.

5.2 Exceptions are possible with the prior consent of THELL. Any fee charged for this, in particular corkage, a service charge or a plate charge, is agreed in advance as an amount or a basis of calculation.

5.3 THELL is not responsible for defects in food, drinks, cakes or other products brought along that already existed before THELL took them over. The statutory provisions apply to storage, refrigeration and serving that THELL has taken on.

6. Conduct on the premises and house rules

6.1 THELL stands for hospitality, quality and treating one another with respect.

6.2 THELL is entitled to refuse entry to persons or to ask them to leave the premises if they behave inappropriately, aggressively, dangerously, in a discriminatory manner, while heavily intoxicated or unlawfully.

6.3 The house rules of THELL apply on the premises of THELL.

7. Reservations

7.1 A reservation is only binding once THELL has confirmed it. An enquiry via the website, email, telephone, reservation system, offer platform or social media does not yet give rise to a claim to a table.

7.2 THELL does its best to accommodate table requests. There is a claim to a particular table, area or seat only if this was expressly promised.

7.3 For ordinary table reservations, reserved tables are held until 15 minutes after the agreed time. If guests arrive later, THELL may give the table to others. If you are running late, we kindly ask you to let us know by telephone in good time. This rule does not apply to celebrations and events booked via an offer.

7.4 At times of high demand, with several sittings, special menus or events, the length of stay may be limited. Any time limit is communicated when reserving or in the offer.

7.5 For celebrations, THELL may offer time slots, for example "Early Evening" with the table until 19:00 or "Late Night Dinner" from 21:00. Start, table time and agreed end are stated in the offer and form part of the contract. A benefit linked to the time slot, such as a discount on the menu, an included digestif or a welcome drink, applies to that time slot and is not combined with other benefits or discounts. Late arrival of the guests does not extend the agreed time slot. A delay caused by THELL does not shorten the agreed service without appropriate compensation.

8. Cancellation and no-show for reservations

8.1 Ordinary table reservations without separately agreed conditions subject to a charge can be cancelled free of charge at any time. THELL does not charge a no-show fee for them. We nevertheless ask you to cancel reservations you will not use as early as possible — this gives other guests a table.

8.2 For group reservations, special menus, public holidays, event evenings, private dining or reservations with a credit card guarantee, the cancellation and no-show conditions expressly communicated when reserving apply (clause 9). For celebrations booked via an offer, clause 12 applies.

9. Group reservations and celebrations

9.1 Separate conditions may apply to group reservations and celebrations. THELL may require a choice of menu, a shared menu, a drinks arrangement, a deposit or a credit card guarantee. These conditions are communicated before the reservation or in the offer. There is no minimum number of persons.

9.2 Celebrations booked via the offer platform offers.thell.restaurant or via an offer in text form are governed by clauses 10 to 12. Clauses 13 to 15 also apply where relevant.

9.3 The final number of guests can be communicated to THELL in text form no later than 48 hours before the start. It may fall short of the number of guests stated in the accepted offer by no more than 10 % free of charge; if the calculation does not result in a whole number of persons, it is rounded down to the next lower whole person. The basis of calculation is always the number of guests in the accepted offer; a number that has already been reduced is not reduced by 10 % again. If no final number is communicated, the number from the offer applies. The final number is deemed the agreed minimum number and is charged even if fewer guests attend.

9.4 If the number of guests is reduced beyond the free reduction, clause 12 applies only to the part exceeding it (partial cancellation). The original number of guests is not charged in full again as a result.

9.5 If more guests attend than communicated, THELL will try to adjust accordingly. Additional guests are charged at the agreed prices; any further additional effort only if it was agreed in advance. There is no claim to additional seats or additional services.

9.6 For groups and celebrations, THELL may for organisational reasons provide for a single bill or a limited number of separate bills. Separate billing of individual orders is possible if this was agreed in advance and is operationally feasible. If "On the main bill" or "Everyone pays their own" is chosen for the bar in the offer, this arrangement applies.

10. Celebrations and events: enquiry, offer and conclusion of the contract

10.1 Clauses 10 to 15 apply to celebrations and events at THELL (restaurant, bar, Garden Room, garden, terrace, exclusive bookings of individual areas or of the whole house) and to catering, flying buffets, set menus, bar catering, drinks service, provision of staff, rental equipment, event planning and related services — at THELL as well as at external venues.

10.2 Enquiry. An enquiry via the offer platform offers.thell.restaurant, by email or by any other means is non-binding. The compilation shown on the platform, including the total, is a preview and not an offer by THELL. It gives no claim to the date, the area or the prices shown.

10.3 Offer. THELL reviews the enquiry and sends a binding offer with an offer number by email and via a personal offer page. The offer contains in particular the agreed services, the date, the start and, where applicable, the end of the event, the area, the number of guests, prices, the deposit, any minimum spend, the acceptance period with date and time, and the applicable cancellation terms with their deadlines. Unless the offer states otherwise, it can be accepted within 14 days of being sent. During this acceptance period, THELL keeps the capacity promised in the offer available for this offer.

10.4 Acceptance and conclusion of the contract. The contract is concluded when the acceptance of the offer reaches THELL within the acceptance period. Acceptance is made via the offer page ("Accept this offer with obligation to pay" for consumers, "Accept this offer as binding" for businesses) or in text form. Immediately before acceptance, the services, date, start and end, area, number of guests, total price, deposit, minimum spend, variable price components and the cancellation terms are shown in a summary; the details can be checked and corrected before acceptance. The confirmation email documents the conclusion of the contract and contains the accepted offer, including these terms, as a PDF.

10.5 Change request. If the customer sends a change request for an offer that has not yet been accepted, this does not count as acceptance. The change request discards the previous version of the offer. If THELL then sends a new version with the same offer number and a version suffix, only this new version can be accepted.

10.6 Changes after conclusion of the contract. Changes to the scope of services, to the number of guests beyond clause 9.3, to the times, the area, the food, the drinks or the equipment require an express agreement in text form. Prices, deposit and minimum spend are adjusted accordingly and communicated before the agreement.

10.7 Scope of services. The scope of services results from the accepted offer. Services not listed — such as rental equipment, furniture, table linen, decoration, technical equipment, electricity, water, refrigeration, transport, parking fees, permits, cleaning, waste disposal, set-up and dismantling times, night surcharges, additional staff hours, additional food and drinks and third-party services — are not included in the price. They are only charged if they were ordered or used and their price or basis of calculation was agreed in advance.

10.8 Menus of future seasons. If the specific menu of a future season has not yet been published when the contract is concluded, the offer states an estimated menu price and a binding maximum price. The maximum price is no more than 5 % above the estimated menu price. The final menu price is communicated after the menu has been published and may not exceed the agreed maximum price. A higher price requires the express consent of the customer. Clause 4.1 applies to changes of products.

10.9 Third-party services. Where THELL offers and invoices third-party services (for example photographer, DJ, photo booth, floristry, security, cakes) in its own name, these become part of the contract with THELL. THELL may use suitable third parties to perform them. THELL orders such services after receipt of the deposit, and they require the lead time stated in the offer. Service providers commissioned by the customer themselves remain the customer's contractual partners (clause 15.2).

11. Celebrations and events: number of guests, prices, deposit and minimum spend

11.1 Number of guests. The expected number of guests is to be stated in the enquiry; the final number of guests is governed by clauses 9.3 to 9.5.

11.2 Prices. The prices result from the accepted offer (clauses 3.2 and 3.3).

11.3 Deposit. A deposit becomes due upon acceptance. Unless the offer states otherwise, it amounts to:

• 50 % of the value of the food and drinks booked; for an exclusive booking at least 50 % of the agreed minimum spend, whereby the higher of the two amounts applies and the two are not added together;
• for à la carte bookings, the amount per guest stated in the offer;
• 100 % of the menu price on special evenings (clause 12.3);
• in addition, once, 100 % for flowers, 50 % for cakes and photo booth and 10 % for DJ, photographer, security, cloakroom, menu cards, technical equipment and other additional services.

No deposit is charged on drinks billed by consumption.

11.4 Deposit invoice and payment. Upon acceptance, THELL issues a deposit invoice with a consecutive number and sends it by email and via the offer page. The payment deadline is already stated in the offer. An invoice issued is not a payment made; what counts is the receipt of payment. If a deposit that is due is not paid on time, THELL may set a reasonable grace period and declare withdrawal from the contract in the event that it expires without payment. For short-notice bookings, full prepayment may be agreed if this is stated in the offer.

11.5 Balance. The remaining amount is settled after the celebration: for consumers usually on site at the end of the celebration, for businesses with a final invoice and the payment term stated in it. Deposits paid are credited in full. Additional guests, agreed additional services and drinks billed by consumption are shown separately. Invoices are due for payment without deduction.

11.6 Minimum spend. A minimum spend applies only if an area or the whole house is expressly booked exclusively, and only in the amount stated in the offer. THELL does not charge room hire. All food and drinks attributed to the event and charged are credited towards the minimum spend, including the menus charged for the agreed minimum number. Food and drinks paid for directly by individual guests are also taken into account. The same amount is not charged again as a difference to the minimum spend. If the credited consumption remains below the minimum spend, the difference is charged. Third-party services (DJ, floristry, photographer, security, photo booth and similar) only count towards the minimum spend if this was expressly agreed in the offer. If, for an exclusive booking, a surcharge per additional guest beyond the seats of the area is provided for, it is stated in the offer.

11.7 Drinks. Unless agreed otherwise, drinks are billed by consumption. If a drinks limit is agreed, drinks beyond it may only be ordered on the main bill with the consent of the contact person named in the offer. Without such consent, further drinks are not charged to the event bill. Drinks packages apply for the duration and the number of guests stated in the offer. Opened bottles and prepared drinks are deemed consumed if they were ordered or agreed.

12. Celebrations and events: cancellation, postponement and impossibility

12.1 Non-exclusive celebrations. The customer may terminate the contract before the date in text form against the following cancellation fee:

• up to and including 7 days before the date: free of charge;
• less than 7 days but more than 48 hours before the start: 50 %;
• 48 hours or less before the start and in the event of a no-show: 90 %.

For menu bookings, the basis of assessment is the agreed menu price for the cancelled number of guests; for à la carte bookings, it is the deposit amount stated in the offer as the basis of assessment for cancellation. In the case of a partial reduction of the number of guests (clause 9.4), this applies to the cancelled part.

12.2 Exclusive bookings. For an exclusive booking of an area or of the whole house:

• up to and including 30 days before the date: free of charge;
• less than 30 days up to and including 14 days before the date: 50 % of the agreed minimum spend;
• less than 14 days but more than 48 hours before the start: 70 % of the agreed minimum spend;
• 48 hours or less before the start and in the event of a no-show: 90 % of the agreed minimum spend.

Third-party services already ordered with binding effect are charged in addition only in the amount in which they can in fact no longer be cancelled free of charge and are not already covered by another item.

12.3 Special evenings. Special evenings are 24 December, 25 December, 31 December and other evenings expressly designated as such in the offer. For bookings on special evenings:

• at least 14 days before the start: free of charge;
• less than 14 days but more than 4 days before the start: 70 % of the agreed menu price;
• 4 days or less before the start and in the event of a no-show: 90 % of the agreed menu price.

In the middle stage, instead of the cancellation statement, the customer may choose to receive the payment already made in full as a goodwill credit from THELL, redeemable until 30 September of the following year. This choice must be declared expressly; the goodwill credit is not a paid gift voucher within the meaning of clause 16. The booking can be transferred to other persons free of charge until the start.

12.4 Nature of the cancellation fee. The cancellation fees are the contractually agreed consideration for exercising the contractual right of withdrawal. They typically take into account saved expenses and the possibility of allocating the reserved capacity elsewhere, which becomes more limited as the date approaches. THELL does not claim any further damages from consumers arising from the same cancellation. Statutory rights, in particular the judicial right to reduce the fee (Mäßigungsrecht), remain unaffected.

12.5 Deadlines. Deadlines are calculated in calendar days or hours before the agreed start. What counts is the verifiable receipt of the cancellation by THELL; cancellations in text form can also be received outside office hours. The offer states the specific date and time of the deadline for each stage.

12.6 Cancellation statement and invoice correction. After a cancellation, THELL draws up a comprehensible cancellation statement. Payments already made are credited against the cancellation fee owed and against other items that may properly be charged. Any remaining credit balance is refunded within 14 days. Any necessary invoice corrections are made separately.

12.7 Postponement. A postponement requires the consent of THELL and an agreement on the replacement date. If a postponement is agreed, it does not additionally count as a cancellation. Third-party costs that have already been incurred with binding effect and cannot be transferred may be charged if this is agreed and evidenced in the specific case. If no postponement agreement is reached, the cancellation terms apply.

12.8 Impossibility. If the agreed service becomes legally or actually impossible due to an unforeseeable event for which neither party is responsible, the consequences are governed by the statutory provisions. THELL informs the customer without delay. Payments for services that are definitively not provided are refunded or properly settled. The parties may instead agree on a postponement.

12.9 Garden and terrace. The garden cannot be booked from October to March. For bookings in the garden or on the terrace, the offer names an alternative area indoors in case of bad weather (usually the back restaurant, exclusively for the group). Moving to the agreed alternative area is part of the service owed and not a reason for cancellation.

13. Events and catering: venue, weather and staff

13.1 For events at external venues, the customer is responsible for the suitability of the venue, unless THELL has expressly taken on services for this. Permits, rights of use, access, electricity, water, refrigeration, storage space, sanitary facilities, waste disposal, lighting, weather protection and security are assigned in the offer either to the customer or to THELL. Additional effort is charged if it was agreed in advance.

13.2 For outdoor events at external venues, a bad-weather plan must be agreed before the offer is accepted. If safe or hygienically flawless performance is not possible because of the weather conditions, THELL may adjust services or switch to the agreed bad-weather plan. Clause 12.9 applies to the garden and terrace at THELL.

13.3 The staffing requirement stated in the offer is based on the planned processes, the number of guests and the agreed duration. Extensions requested by the customer are possible if THELL and the staff deployed agree; additional hours are charged at the hourly rate stated in the offer.

14. Events and catering: rental equipment, drinks and hygiene

14.1 Rental equipment provided by THELL or by third parties remains the property of THELL or of the respective lessor and must be returned in full. The customer is liable under the statutory provisions for damage or loss caused culpably; the cost of repair or the current value is charged. Normal wear and tear is not charged.

14.2 Drinks are billed at a flat rate, by consumption or according to a separate agreement. When billed by consumption, opened bottles, opened containers and prepared drinks are deemed consumed if they were ordered or agreed. Specially ordered goods that are not consumed may be charged if this was agreed in advance and they cannot be used otherwise.

14.3 Within its own area of responsibility, THELL ensures the proper preparation, storage and serving of the food. After delivery or handover without further supervision by THELL, the customer is responsible for storage, refrigeration, heating, serving and consumption. As long as THELL continues to supervise, THELL remains responsible. For reasons of hygiene, THELL may refuse to hand over leftovers or to let them be taken away.

15. Celebrations and events: guests, third-party service providers and recordings

15.1 THELL is entitled to exclude persons from events or to refuse services if they behave inappropriately, aggressively, dangerously, in a discriminatory manner, while heavily intoxicated or unlawfully. The customer is liable for damage caused culpably and for damage attributable to the customer under the statutory provisions.

15.2 Service providers commissioned by the customer themselves (DJs, musicians, photographers, floristry, technical services, decoration, wedding planners and others) must coordinate with THELL in good time and comply with the requirements of THELL regarding set-up times, safety, fire protection, escape routes, volume, hygiene and dismantling times. They remain the customer's contractual partners.

15.3 For events at THELL, THELL ensures compliance with the official requirements for the house, in particular closing time and noise protection. THELL may restrict or end music, programme items or other content if statutory requirements, official conditions, the interests of neighbours, safety aspects or operational reasons so require. For content brought in by the customer, in particular music, the customer is responsible for the necessary rights, unless THELL has expressly taken them on. For events at external venues, the allocation follows the offer.

15.4 THELL may photograph or film rooms, food, drinks, decoration and event situations without identifiable persons for documentation and advertising purposes. For the advertising publication of recordings in which guests are identifiable, THELL obtains the separate consent of the persons concerned. The consent of the organiser does not replace this consent.

16. Vouchers

16.1 Paid gift vouchers are for a specific amount in euros, are valid indefinitely and can be redeemed for consumption and services at THELL. They must be presented when reserving or before payment; they cannot be credited afterwards to invoices already paid.

16.2 Payment of paid gift vouchers in cash is excluded as a rule. Statutory repayment claims remain unaffected. Remaining amounts are kept as credit; if this is technically not possible, a new voucher for the remaining amount is issued. Paid gift vouchers can also be redeemed as a means of payment during promotions.

16.3 Promotional, discount, invitation and free vouchers are not paid gift vouchers. They may be limited in time, apply to the service stated on them, cannot be redeemed for cash and cannot be combined with other promotions. The respective conditions are stated on the voucher. Vouchers for specific menus apply to the service stated.

16.4 If there are specific indications of forgery or misuse, THELL may postpone redemption until the matter has been clarified promptly.

16.5 The goodwill credit under clause 12.3 is not a paid gift voucher; clause 12.3 applies to its use.

17. Liability

17.1 THELL is liable in accordance with the statutory provisions.

17.2 Towards businesses, THELL is liable for property damage and financial loss only in the case of intent or gross negligence; liability for personal injury remains unaffected.

17.3 For items that guests bring onto the premises, the statutory provisions on the liability of innkeepers apply. Valuables should not be left unattended.

18. Right of withdrawal for services tied to a date

18.1 For contracts for the supply of food and drinks or for services related to leisure activities for which a specific date or period has been agreed, consumers have no statutory right of withdrawal from the distance contract pursuant to § 18 Abs 1 Z 10 FAGG. At THELL, this concerns restaurant reservations, celebrations, events and catering on an agreed date, even if they are concluded via the offer platform.

18.2 The contractual cancellation rights under clause 12 remain unaffected by this and apply independently of it.

18.3 This exception does not apply to services not tied to a date, in particular general gift vouchers; for these, the statutory rights of withdrawal apply, about which THELL provides information at the respective conclusion of the contract.

19. Data protection and newsletter

19.1 THELL processes personal data within the framework of the statutory provisions in order to handle enquiries, reservations, offers, events and invoices. Details, in particular regarding the offer platform offers.thell.restaurant, are set out in the privacy policy on the website.

19.2 Consent to these terms is not consent to advertising, to the publication of recordings or to further processing. Newsletters are only sent with separate consent or on the basis of another statutory authorisation; unsubscribing is possible at any time.

20. Dispute resolution, applicable law and place of jurisdiction

20.1 Complaints can be addressed to the office at any time (hallo@thell.restaurant, +43 1 587 06 72). THELL is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body; the statutory information obligations in the event of a dispute remain unaffected.

20.2 Austrian law applies. For consumers, the mandatory protective provisions of the state of their habitual residence and the statutory places of jurisdiction apply. For businesses, the place of jurisdiction is Vienna.

21. Final provisions

21.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

21.2 The contract language is the language of the accepted offer. If an offer is concluded in German, the German contract documents apply; if it is concluded in English, the English contract documents apply. Both language versions have the same content.

21.3 The version of these General Terms and Conditions in force at the time of the reservation, the booking or the acceptance of an offer applies in each case. The accepted version is sent with the confirmation and remains authoritative for that contract.

As of 25 September 2026