Our Terms and Conditions

General Terms and Conditions of “Leopoldauer Alm” Gastronomiebetriebsgesellschaft m.b.H.

  1. Scope, Definitions

(1) “Leopoldauer Alm” Gastronomiebetriebsgesellschaft m.b.H. (hereinafter: “we”) (i) operates a restaurant at Wagramer Straße 205, 1210 Vienna, Austria, (ii) runs an online shop for goods as well as ordering and reservation options for the restaurant at https://www.leopoldaueralm.at, and (iii) offers catering services.

These general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of ordering, unless expressly agreed otherwise. When we provide the characteristic service, we only accept your general terms and conditions/purchasing conditions expressly in writing; however, individual agreements take precedence over these General Terms and Conditions.

(2) An “entrepreneur” is someone for whom the transaction is part of their business operations. A “consumer” is someone for whom this does not apply.

  1. Conclusion of Contract on the Website, Storage of Contract Text

(1) The goods and prices displayed on our website are not offers in the legal sense, but invitations for you to make offers. The conclusion of the contract takes place as follows:

  1. You add the desired product (possibly after selecting the specific version and quantity) or the Alm package to the shopping cart by clicking “Add to Cart.”
  2. By clicking “View Cart” or the shopping bag icon, you will reach an overview of the selected products and Alm packages. In this cart view, you can (i) remove products/Alm packages entirely from the cart by clicking the “X” symbol, (ii) change the quantity of products/Alm packages by direct input or clicking the “+” and “-” symbols, confirming the input by clicking “Update Cart,” and (iii) choose between pickup and shipping, with estimated shipping costs within Austria displayed. You confirm the product and shipping selection in your cart by clicking “Proceed to Checkout.”
  3. In the “Proceed to Checkout” view, you enter your details and select a payment method. Depending on your selection under “Country/Region,” the shipping costs will update. If you select “Austria,” you can also change the shipping method to “Pickup Shop” at this point.
  4. By clicking “Buy Now,” you offer (in the legal sense) to purchase the selected products under the selected conditions bindingly. We have three business days to accept this offer by sending an order confirmation to the email address provided.

For clarification, the purchase of an Alm package does not include table reservations, which must be made separately.

(2) Before placing an order, the contract data can be printed or electronically saved using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions, and the cancellation policy, will be sent by email after you place the order, partly automatically. We do not store the contract text after the contract is concluded.

(3) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back button”). They can also be corrected by prematurely canceling the order process, closing the browser window, and repeating the process.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by spam filters.

  1. Reservation & Cancellation in the Restaurant (Catering Excluded)

(1) We only accept reservations for groups of 20 or more persons upon payment of a deposit (earnest money pursuant to §§ 908 et seq. ABGB). The deposit amounts to:

Number of Persons

Deposit Amount (Earnest Money)

from 20

EUR 200

from 30

EUR 300

from 40

EUR 400

from 50

EUR 500

from 60

EUR 600

from 70

EUR 700

from 80

EUR 800

from 90

EUR 900

from 100

EUR 1,000

The deposit will not be refunded even in the case of timely cancellation, but will be credited toward the invoice amount or the no-show penalty.

(2) The cancellation period depends on the specific day and is 48 hours for Father’s Day, Mother’s Day, Roast Suckling Pig Festival, Pork Knuckle Festival, Christmas holidays (December 24-26), and New Year’s Eve; otherwise it varies depending on group size

Number of Persons

Minimum Time Between Reservation Start and Cancellation

up to 14

24 hours (1 full day)

15-44

72 hours (3 full days)

from 45

96 hours (4 full days)

Within these timeframes, you can also notify us if the group size decreases.

(3) Without timely cancellation, a no-show penalty of EUR 25 per guest will be charged. If you are not at fault for the guests’ non-appearance, you will receive a voucher in the amount of the no-show penalty (insofar as it exceeds any deposit paid). We reserve the right to claim compensation for any additional damages, as well as to decline further reservations.

(4) We preferably accept cancellations by phone (Mon-Fri, 10:00 AM – 6:00 PM) at +43 1 25 98 380. Otherwise, the cancellation must be made in writing (signed by hand or with a qualified electronic signature). If we wish to waive this formal requirement by implication, we will send you a confirmation.

(5) It is noted that consumers who engage us under a distance selling contract are not entitled to a right of withdrawal pursuant to § 18 para. 1 no. 10 FAGG.

  1. Cake Fee in the Restaurant

(1) For celebrations of 10 or more persons, you may consume cakes you bring with you. For providing the place setting, we charge a cake service fee of EUR 2 per person. No cake service fee applies to weddings and baptisms if you book a corresponding package.

(2) The use of your own cutlery or plates is not permitted, nor is bringing other desserts (tiramisu, cream slices, etc.).

  1. Catering Services

(1) Our catering services include, in addition to the food, delivery (including packaging materials) as well as setup and breakdown. For an additional fee, we can provide staff (waiters, chefs), cutlery, dishes, warming devices (chafing dishes), or a mobile bar system.

(2) We are entitled to use equivalent ingredients, products, or menu components as needed, provided this is necessary due to seasonal availability, supply shortages, or quality considerations, and the overall character of the agreed service is maintained. Minor deviations in appearance, presentation, portion size, or arrangement are reserved, insofar as they are customary in the industry and reasonable for the client.

(3) After completion of our service, the food may remain on-site and be consumed by the participants; however, from that point on, we assume no responsibility for the quality, safety, or suitability of the food. Our liability for damages or health impairments resulting from the consumption of food consumed after the end of our service is excluded.

  1. Catering – Deposit and Cancellation

(1) We only accept catering orders upon payment of a deposit (earnest money pursuant to §§ 908 et seq. ABGB). The deposit is EUR 10 per person. The deposit will not be refunded even in the case of timely cancellation, but will be credited toward the invoice amount.

(2) Beyond the deposit, a catering order can be canceled free of charge if there are at least two full weeks between the cancellation and the day of the catering.

(3) If there are fewer than two weeks but at least two full days between your cancellation and the day of the catering, you can cancel the catering order by paying a withdrawal fee of 50%. The deposit paid will be credited toward the withdrawal fee.

(4) We inform consumers of the reasons why, as a result of the work not being performed, we have neither saved anything nor acquired or intentionally failed to acquire anything through alternative use (§ 27a KSchG). The withdrawal fee for consumers is subject to judicial reduction.

  1. General Provisions (Severability Clause, Choice of Law, Set-Off, Address Changes, Retention of Title, Warranty, Prices, Limitation of Liability)

(1) If any provision of a contract should be invalid 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 mutatis mutandis to supplementing a contract in the event of gaps in the contract.

(2) All concluded contracts are subject to Austrian substantive law, excluding the conflict-of-law rules of private international law. The UN Convention on Contracts for the International Sale of Goods does not apply.

(3) Set-off with your counterclaims that are disputed by us and not legally established is excluded. For consumers, this does not apply in the event of our insolvency or if the counterclaim is legally connected to your obligation.

(4) You are obliged to notify us of address changes until the contract is fully performed. Until such notification, we may validly deliver to the last address provided.

(5) Delivered goods remain our property until full payment.

(6) The statutory warranty provisions apply.

(7) The stated prices are gross prices including all statutory taxes and charges.

(8) Claims for damages due to defects are only available to you in cases of gross negligence or intent. If you are an entrepreneur, you bear the burden of proof for the existence of these conditions.

(9) With regard to damages that do not occur to the defective item itself, liability exists only for damages attributable to culpable (including slightly negligent) injury to life, body, or health, to fraudulently concealed defects, or to the absence of guaranteed characteristics.