Eiszauber Luzern AG (Ice Magic)

1. scope of application

These General Terms and Conditions (hereinafter referred to as GTC) apply to the use of the premises (Eiszauber Luzern AG) and/or the restaurant premises as well as to all related services and deliveries of Eiszauber Luzern AG to customers. All offers and quotations from Eiszauber Luzern AG are based on these GTC. They form an integral part of every contract. Changes to these GTC require an express written agreement between the parties. This also applies to the waiver of the written form requirement. Should these GTC contradict any contractual conditions of the guest, these GTC shall take precedence.

2. conclusion of contract

Following the reservation by the customer, the customer will receive a written reservation confirmation (by e-mail) from Eiszauber Luzern AG. The contract between the parties is only concluded with this written reservation confirmation from Eiszauber Luzern AG to the customer.

3. services, payments and prices

3.1

Eiszauber Luzern AG undertakes to provide the services ordered by the guest and confirmed in writing by Eiszauber Luzern AG.

3.2

All prices are in Swiss francs (CHF) and include statutory value added tax (VAT).

3.3

Eiszauber Luzern AG is entitled to demand an appropriate down payment at any time. The amount of the deposit and the payment dates are agreed in writing in the contract. If the customer does not fulfill his obligation to make a down payment on time, Eiszauber Luzern AG is entitled to withdraw from the contract after setting a reasonable grace period. The customer is liable for any resulting damages.

3.4

If no advance payment is requested by Eiszauber Luzern AG, the entire invoice amount must be paid by the organizer by credit card by the end of the event at the latest. If payment by invoice is agreed, the entire invoice amount is due 10 days after the invoice date. In the event of late payment, Eiszauber Luzern AG is entitled to charge interest on arrears at a rate of 5%, as well as any debt enforcement and collection costs.

3.5

Eiszauber Luzern AG expressly reserves the right to change prices. Price adjustments are customary in the event of seasonal changes or short-term and significant price increases due to supplier or raw material prices.

3.6

Eiszauber Luzern AG accepts cash and all electronic means of payment. Cryptocurrencies are not accepted.

4. liability

4.1

The customer is liable to Eiszauber Luzern AG for all damage and loss or other damage caused by himself, his employees, his representatives or his event participants. Eiszauber Luzern AG accepts no liability for theft or damage to items brought in by the customer, event participants or third parties. The insurance of exhibits and other objects brought in by the customer, event participants or third parties is the responsibility of the organizer. Eiszauber Luzern AG can demand proof of sufficient insurance from the organizer at any time.

4.2

The customer is obliged to maintain peace and order. He/she undertakes to indemnify Eiszauber Luzern AG in full against all claims under civil and public law brought against Eiszauber Luzern AG by authorities or third parties (including event participants, guests or employees and contractual partners of the organizer) on the basis of his/her event, or to pay for all such claims.

 4.3

Eiszauber Luzern AG is only liable for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular for slight or medium negligence or for indirect damage, such as in particular loss of profit, is excluded. Eiszauber Luzern AG assumes no liability whatsoever for the services ordered by the organizer when arranging external services.

5. resignation of EiszauberLuzern AG

5.1

If the service to be provided by Eiszauber Luzern AG under the contract is significantly impeded or impossible in whole or in part due to force majeure (according to Swiss understanding, in particular natural disasters such as storm winds, floods or earthquakes as well as fire, hostage-taking, war, riots, nuclear and reactor accidents, strikes, epidemics/pandemics, unforeseeable official restrictions, etc.) or other circumstances for which Eiszauber Luzern AG is not responsible, Eiszauber Luzern AG may demand compensation in whole or in part to the extent of the part of the contract not yet fulfilled.In the event that the performance of the contract by Eiszauber Luzern AG is made significantly more difficult or impossible in whole or in part due to unforeseeable circumstances or other circumstances for which Eiszauber Luzern AG is not responsible, Eiszauber Luzern AG 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

Eiszauber Luzern AG is also entitled to withdraw from the contract without compensation if there is reasonable cause to believe that the event may jeopardize the smooth running of the business, the safety or the public reputation of Eiszauber Luzern AG or if the organizer violates section 12 of these GTC. Eiszauber Luzern AG expressly reserves the right to assert any claims for damages against the customer.

6. withdrawal of the customer:in

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 storm winds, floods or earthquakes as well as fire, hostage-taking, war, unrest, nuclear & reactor accidents, strikes, epidemics/pandemics, unforeseeable official restrictions, etc.), he/she may withdraw from the contract 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 will be communicated upon conclusion of the contract or published on the website. The official opening hours always apply. Any extension of the opening hours must be agreed and must be remunerated.​

8. notification of the number of persons

The customer must inform Eiszauber Luzern AG of the final number of participants (guaranteed number) as early as possible. The selection of food and drinks must be defined no later than 15 working days (20 working days for groups of over 60 people) before the event. Up to 7 working days (15 working days for groups of more than 60 people) before the event, the number of people can be reduced by a maximum of 20% compared to the signed offer; an increase is possible depending on the capacity utilization of the reservation, but must be confirmed in writing by Eiszauber Luzern AG. Thereafter, no further adjustments are possible and the agreed number of persons / number of dishes will be invoiced.

From the 6th working day (14th working day for groups of over 60 people) until the day of the event, no further changes to the offer or the number of people are possible. The last registered number of persons will be used for invoicing. If more people attend the event than registered, this number of people will be used for invoicing. This is provided that it is possible to cater for the additional persons.

Eiszauber Luzern AG reserves the right to define the offer and the number of persons at an earlier stage individually and in writing with the customer. This applies in particular to group sizes of 60 persons or more, or in the case of exclusive rental of the premises/areas.

9 Cancellation conditions for group reservations from 8 persons with or without F&B services

9.1

Cancellations of group reservations (8 persons or more) must be notified to Eiszauber Luzern AG 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 that are canceled up to 15 working days before the day of the event, 100% of the consulting and project coordination costs incurred (defined in the offer, min. CHF 400.00 excl. VAT) may be charged. After this date, the following cancellation conditions apply:

From the 30th to the 16th working day before the day of the event: 50% of the consumption defined in the offer incl. calculated drinks turnover (with the last reported number of persons, in accordance with para. 8.) or at least the minimum consumption if the amount offered is less than this. This graduation only applies to groups of 60 or more people.

From the 15th to the 4th working day before the day of the event: 75% of the consumption defined in the offer, including calculated beverage sales (with the last reported number of persons, in accordance with para. 8.) or at least the minimum consumption if the amount offered is less than this.

3rd - 0th working days before the day of the event: 100% of the consumption defined in the offer including calculated beverage sales (with the last reported number of persons, in accordance with para. 8.) or at least a minimum consumption of CHF 30.00 per person if the amount offered is less than this.

For all cancellations, any services provided in advance by Eiszauber Luzern AG must be paid for in full.

9.3

Eiszauber Luzern AG reserves the right to cancel at its own discretion due to official regulations or extraordinary circumstances, without any further claims against the customer.

10. handling of guest data

10.1 Recording guest data for reservations

To enable us to accept and manage online reservation requests via our website, we use the restaurant management system aleno, which is provided by aleno AG, based in Switzerland. The use of aleno enables us to collect personal information about our guests ("guest data") electronically. The guest data is the following information:

First name and last name

Telephone number and e-mail address

Number of people, time and date of the desired visit

Home address (optional)

Company name (optional)

The collection of guest data enables us to process your reservation request and ensure that the table you have requested is reserved in your name and that we can contact you if necessary. The legal basis for the use of aleno for the electronic recording of reservations is the protection of our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR. The guest data collected by us is not automatically deleted after the reservation has been made, but is used to create a personal guest profile.

Further information on the guest profile can be found in section 10.3 below. You have the right to request the deletion of your guest data at any time. If the deletion takes place before the date of the reservation, the corresponding reservation will be automatically canceled.

10.2 Entering credit card information for reservations

Online reservation requests are only binding once we have confirmed the table, date and original time by e-mail or telephone. In order to ensure that we do not suffer any loss in the event of an unexcused no-show, we reserve the right to request a credit card as a guarantee of payment. We collect the following information ("payment information"):

Name of the issuer of the credit card

Name of the credit card holder

Credit card expiry date

Credit card number and check digit

If you enter your payment information when making an online reservation request, the information is automatically anonymized by aleno. This means that the payment information is not personal data within the meaning of the Federal Act on Data Protection (FADP) or the EU General Data Protection Regulation (GDPR). The payment information is also transmitted directly to the hosting provider of aleno AG. For this reason, we do not have access to the anonymized payment information and do not store it on our system.

10.3 Creation of guest profiles

The guest data collected for the purpose of accepting and making an online reservation is used by us to create a personal profile for our guests in the aleno restaurant management system ("guest profile"). This enables us to use the guest data to personalize our services. After your visit to our restaurant, we reserve the right to add further personal data to the guest profile to enable us to personalize our services ("profile data"). This profile data includes the following information:

Personal data to individualize guests, including preferred language, allergies and special requests, birthday, customer category and status. Information about past restaurant visits, including time and date of visit, length of stay, number of guests, type and location of table, amount spent and any no-shows.

Consolidated information on all restaurant visits to date, including total number of visits, total amount spent and total number of no-shows.

The creation of a guest profile and the collection of profile data enables us to tailor our services to you and thus ensure that you feel at home with us and that we can respond to your individual wishes. The legal basis for the use of aleno to create a guest profile is the protection of our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR.

The guest data and profile data contained in the guest profile are deleted or anonymized as soon as they are no longer used for their original purpose.

You have the right to request the deletion of your guest profile and the guest data and profile data contained therein at any time.

10.4 Responsibility and further information

When collecting and processing guest data, payment information and profile data in connection with the use of the aleno restaurant management system, we are considered the controller within the meaning of Art. 4(7) GDPR, which decides on the purposes and means of processing the personal data collected and is responsible for ensuring and fulfilling the rights of the data subjects. The guest data, payment information and profile data are transmitted to aleno AG after they have been collected and processed by aleno AG. aleno AG is to be qualified as a processor within the meaning of Art. 4 No. 8 GDPR, which processes personal data on behalf of the controller. For this reason, we have concluded a contract with aleno AG for commissioned data processing and thus fully implement the requirements of the GDPR when using aleno.

Further information on the collection and handling of your personal data in connection with the use of aleno can be found in aleno AG's privacy policy, which can be accessed via the following link: https://www.aleno.me/de/policy.

11. use of space/placement/authorizations

11.1

Eiszauber Luzern AG reserves the right to make room changes, provided that the premises meet the requirements and interests of the organizer and are justifiable for him. Any subletting or re-letting of rooms or areas by the customer requires the prior written consent of Eiszauber Luzern AG.

11.2

Eiszauber Luzern AG is responsible for seating the guests. In principle, the furniture available in the Food Hall will be provided. Special seating arrangements will not be considered unless otherwise stated in the offer. In all cases, Eiszauber Luzern AG will define the optimal distribution of seating. The official minimum distances will be observed at all times. Chairs, tables and benches may not be moved by the guests themselves.

11.3

The possibilities in the bar and on the grounds are subject to the city's operating permit. This must be complied with. All safety and operational issues must be discussed with Eiszauber Luzern AG.

12. fire regulations / other safety regulations / attachment of decorative materials

12.1

The customer undertakes to comply with the fire police regulations of Eiszauber Luzern AG, in particular to keep escape routes clear, to comply with the smoking ban, etc. Decoration material brought in by the organizer must also comply with the fire police regulations.

12.2

The attachment of decorative materials and other objects to walls, doors and ceilings always requires the prior consent of Eiszauber Luzern AG. The customer is liable for any resulting damage to Eiszauber Luzern AG.

12.3

The temporary regulations and measures issued by various official authorities regarding the opening of catering establishments must be complied with and are binding in all cases, regardless of the form of visit (with or without reservation). The regulations are displayed in the entrance and bar area. In the event of non-compliance with the regulations, Eiszauber Luzern AG may exercise its domiciliary rights and expel the guests from the premises. The customer is liable for any resulting damage to Eiszauber Luzern AG. In the event of non-compliance with the specifications and measures, any liability claims from third parties will be rejected.

13. printed matter/media advertisements

The use of logos/pictures of Eiszauber Luzern AG in any form by the customer always requires prior written consent. If a publication is made without the corresponding consent, Eiszauber Luzern AG is entitled to withdraw from the contract. The customer is liable for any resulting damage to Eiszauber Luzern AG. Professional video and image recordings on the premises of Eiszauber Luzern AG require written confirmation.

14. catering

Unless otherwise agreed in writing, the customer is obliged to purchase all food and drinks from Eiszauber Luzern AG. Otherwise, an agreed-upon tap fee will be charged. It is not permitted to consume food and drinks that were not sold by Eiszauber Luzern AG in the bar or on the premises of Eiszauber Luzern AG.

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

Eiszauber Luzern AG strictly adheres to the official regulations for the protection of guests and employees during an epidemic/pandemic. The protective measures can be changed by the authorities at any time and must be adapted accordingly on an ongoing basis. EiszauberLuzern AG guarantees its guests and employees a careful approach to hygiene and protective measures. Every guest bears personal responsibility and is obliged to comply with the specified protective measures. The corresponding measures are communicated at the entrance to Eiszauber Luzern AG. Failure to comply with the official protective measures may lead to removal and a ban from the premises. The guest is liable for any resulting damage to Eiszauber Luzern AG. In the event of non-compliance with the guidelines and measures, any liability claims by third parties will be rejected.

16 Applicable law/jurisdiction

The contract shall be governed exclusively by Swiss law. The place of performance and jurisdiction is Lucerne. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a similar but valid provision.

Lucerne, November 2024