Conditions
Terms and Conditions
I. Scope
These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the accommodation provider for the guest.
Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized by the hotel in writing.
II. Conclusion of the contract
In response to a booking request from the guest, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded with a corresponding booking confirmation from the accommodation provider.
Contracting parties are the accommodation provider and the guest. If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as joint debtor for all obligations arising from the contract, provided that the accommodation provider has a corresponding declaration by the customer. Regardless of this, every customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
The subletting and re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the accommodation provider.
III. Services, prices, payment
The accommodation provider is obliged to keep the apartments booked by the guest available in accordance with these general terms and conditions and to provide the agreed services.
The guest is obliged to pay the applicable or agreed prices of the accommodation provider for the room provided and the other services used. This also applies to services and expenses of the hotel towards third parties caused by the guest or the customer.
The agreed prices include the respective statutory value added tax.
The accommodation provider can change the prices if the guest subsequently wishes to change the number of rooms booked, the accommodation provider's services or the length of stay of the guests, and the accommodation provider agrees to this.
Invoices from the accommodation provider are payable immediately upon receipt without deduction. The guest is in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of default in payment, the accommodation provider is entitled to charge consumers default interest at a rate of 5% above the base rate. In business transactions, the default interest rate is 8% above the base rate. The hotel reserves the right to assert higher damages. The hotel can charge a reminder fee of € 5.00 for each reminder after the occurrence of default.
The accommodation provider is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The accommodation provider is also entitled to make claims that have accrued during the guest's stay in the hotel due at any time by issuing an interim invoice and to demand immediate payment.
The guest can only offset or reduce an undisputed or legally established claim against a claim by the hotel.
IV. Withdrawal by the guest, cancellation
The accommodation provider grants the guest the right to withdraw at any time. The following provisions apply:
In the event that a guest withdraws from the booking, the accommodation provider is entitled to appropriate compensation.
If something should come up during your vacation with us, we ask that you notify us in writing as soon as possible. We reserve the following cancellation conditions:
Can be canceled free of charge up to 1 month before arrival
Within 30 days to 14 days before arrival - 50% of the total price
Within the 14 days up to 7 days before arrival - 70% of the total price
Within 7 days up to 1 day before arrival - 90% of the total price
In the event of no-show, early departure or no show, we will charge 100% of the total price
We recommend that you take out travel cancellation insurance through Europäische Reiseversicherung.
If the accommodation provider specifically calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the accommodation provider less the value of the expenses saved by the accommodation provider as well as what the accommodation provider acquires through other uses of the hotel services.
The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying this in good time.
If the accommodation provider has given the guest an option in the contract to withdraw from the contract within a certain period without any further legal consequences, the accommodation provider has no claim to compensation. The receipt at the hotel is decisive for the timeliness of the declaration of withdrawal. The guest must declare the withdrawal in writing.
V. Resignation of the accommodation provider
If the guest has been granted a free right of withdrawal in accordance with Section IV, Paragraph 2, the accommodation provider is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest does not finally confirm the booking upon request from the hotel .
If an advance payment or security deposit agreed in accordance with Section III, Paragraph 6 is not made within a period set for this, the provider is also entitled to withdraw from the contract.
Furthermore, the accommodation provider is entitled to withdraw from the contract for an important reason, in particular if Zimmer misleading or incorrectly stated essential facts, e.g. B. relating to the person of the guest or the purpose;
the accommodation provider has justified cause to believe that the use of the hotel service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the accommodation provider;
there is unauthorized subletting or re-letting in accordance with Section II, Paragraph 3;
there is a case of Section VI, Paragraph 3;
the accommodation provider becomes aware of circumstances that the guest's financial circumstances have worsened significantly after the conclusion of the contract, in particular if the guest does not settle claims due by the accommodation provider or does not provide sufficient security and therefore payment claims of the accommodation provider appear endangered;
the guest has filed an application for the opening of insolvency proceedings over his assets, has submitted an affidavit in accordance with § 47 EO (enforcement regulations; law on enforcement and security proceedings), has initiated an out-of-court debt settlement procedure or has suspended his payments;
The accommodation provider must immediately inform the guest in writing of the exercise of his right of withdrawal. In the aforementioned cases of withdrawal, the guest has no right to compensation.
VI. Arrival and departure
The guest does not acquire the right to the provision of certain rooms, unless the accommodation provider has confirmed the provision of certain rooms in writing.
Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival date. The guest is not entitled to earlier availability.
Booked rooms must be occupied by the guest by 8:00 p.m. on the agreed arrival date at the latest.
Unless a later arrival time has been expressly agreed, the accommodation provider has the right to reassign booked rooms after 8 p.m. without the guest being able to derive any claims for compensation. The hotel has the right to withdraw from the contract.
On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 10:00 a.m. Thereafter, the accommodation provider can charge the daily room price for the additional use of the room up to 6 p.m. in addition to the resulting damage, from 6 p.m. 100% of the full valid accommodation price. The guest is free to prove to the accommodation provider that no or significantly lower damage has occurred.
VII. Hotel liability, statute of limitations
The accommodation provider is not liable for personal injuries, neither in and around the house nor on the associated parking lot. The accommodation provider is also not liable for parking damage to the car.
When using the stairs to the gallery in Apartment III, parents are responsible for their children.
The above limitation of liability applies to all claims for damages regardless of their legal basis, including claims from tort. The above limitation of liability also applies in cases of possible claims for damages by a guest against employees or agents of the hotel. It does not apply in the event of liability for a defect after assuming a guarantee for the quality of an item or a work, in the case of fraudulently concealed errors or in the case of personal injury.
The accommodation provider is liable to the guest for property brought in according to the statutory provisions, i.e. up to a maximum amount of € 1,100.00, unless he proves that the damage was not caused by the accommodation provider or an employee, nor by third parties in the house. and outgoing people. Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of € 550.00, unless it has taken these items into custody with knowledge of their nature or the damage was caused by the hotel or its employees. The liability claims expire if the guest does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage. However, this does not apply if the hotel has taken over the items specifically for safekeeping in the hotel safe.
If the guest is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, the accommodation provider is liable to the guest in accordance with the statutory provisions and the statutory maximum amounts. In this case, the damage must be asserted against the hotel at the latest when leaving the hotel property.
Wake-up calls are carried out by the hotel with great care. Claims for damages, except for gross negligence or intent, are excluded.
Messages, mail and shipments of goods for guests are handled with care. The accommodation provider takes care of the delivery, storage and - on request - for a fee the forwarding of the same as well as, on request, for lost property. Claims for damages, except for gross negligence or intent, are excluded. The accommodation provider is entitled, after a storage period of one month at the latest, to hand over the aforementioned items to the local lost property office, charging a reasonable fee.
Claims for damages by the guest become statute-barred 3 years after the injured party becomes aware of the damage and the person responsible for the damage. This does not apply to liability for damage to life, limb or health as well as to other damage based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. Final provisions
Changes or additions to the contract or the acceptance of the application require the consent of the contractual partner and must be in writing to be valid.
The place of fulfillment and payment is the registered office of the accommodation provider.
For all disputes arising from the contract, the competent court for the domicile of the accommodation provider is agreed, unless the guest as a consumer has a place of employment or domicile in Germany; in this case, the place of jurisdiction that was announced by the guest in the registration is agreed; or the guest only has one domestic place of employment as a consumer; in this case this is agreed as the place of jurisdiction.
The law of the Republic of Austria applies.
Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
The provisions of the Austrian Hotel Regulations apply: www.hotelverband.at