Terms & Conditions

Terms & Conditions

Version of 21.06.2017

§ 1 Definition of definitions

1.1 Definition of definitions:

"Hotelier" means a natural or legal person who accommodates guests for a fee. "Guest": is a natural person who uses accommodation. The guest is usually at the same time contract partner. Guests who are traveling with the contract partner (eg family members, friends, etc.) are also considered as guests.
"Contracting Party": Is a natural or legal person of the home or abroad, who makes a guest contract as guest or for a guest.
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
"Accommodation contract": Is the contract concluded between the Proprietor and the contracting party, the content of which is subsequently regulated in more detail.

§ 2 Contract conclusion - down payment

2.1 The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic declarations shall be deemed to have been received if the party for which they are appointed can access them under normal circumstances and access to the announced business hours of the hirer.

2.2 The Proprietor is entitled to conclude the accommodation agreement on the condition that the contractual partner makes a deposit. In this case, the hotelier is obliged to notify the contractual partner of the required deposit before accepting the written or oral appointment of the contract partner. If the contractual partner agrees to the down payment (in writing or verbally), the contract of accommodation is concluded with the consent of the guest on the payment of the down payment of the contract partner with the hotelier.

2.3 The contractual partner is obliged to pay the advance payment in 7 days (arriving) before the accommodation. The cost of the money transaction (eg transfer charges) is borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply.

2.4 The down payment is a partial payment to the agreed fee.

§ 3 Start and end of the accommodation

3.1 The contracting party has the right, so the hirer does not offer any other reference time, to purchase the rented rooms from 15:00 on the agreed day ("arrival day").

3.2 If a room is occupied for the first time before 6:00 am, the previous night will count as the first night.

3.3 The rented rooms shall be vacated by the contracting party by 11:00 am on the day of departure. The hotelier is entitled to charge another day if the rented rooms are not released in time.

§ 4 Cancellation of the Accommodation Agreement - Cancellation FeeRespayment by the Proprietor

4.1 If the accommodation contract contains an advance payment and if the advance payment has not been made by the contractual partner within the time limit, the hotelier may withdraw from the accommodation contract without any additional deadline.

4.2 If the guest does not appear until 6.00 pm of the agreed arrival day, there is no accommodation requirement, unless a later arrival date has been agreed.

4.3 If the contractual partner has paid a deposit (see 2.3), the premises are reserved until 12 noon on the day following the agreed arrival day. In the case of prepayment of more than four days, the accommodation obligation ends from 6 pm on the fourth day, the day of arrival being the first day, unless the guest announces a later day of arrival.

4.4 No later than 3 months before the agreed date of arrival of the contracting party, the accommodation contract may be terminated by unilateral declaration by the hotelier, for objectively justified reasons, unless agreed otherwise.

Cancellation by the contractual partner - cancellation fee

4.5 Cancellations up to 30 days before arrival are free of charge. If you can not make a booked stay or cancel early, you will be charged 50% up to 10 days before arrival, 9% to 1 day before arrival 100%. In case of late arrival and early departure also 100%!

Accessibility restrictions
4.6 If the contracting party can not appear in the accommodation facility on the day of arrival because unforeseeable exceptional circumstances (eg extreme snowfall, floods, etc.) are not possible, the contractual partner is not obliged to pay the agreed remuneration for the days of arrival.

4.7 The charge for payment of the booked stay for the booked stay will resume from the possibility of arrival, if the arrival within three days again becomes possible.

§ 5 Provision of a replacement accommodation

5.1 The Proprietor may provide the contractor or the guests with an adequate substitute accommodation (of the same quality), if this is reasonable for the contractual partner, especially if the deviation is negligible and factually justified.
5.2 A factual justification is given, for example, if the room (s) have become unusable, already quartered guests extend their stay, an overbooking or other important operational measures necessitate this step.
5.3 Any extra charges for the substitute quarter shall be at the expense of the Proprietor.

§ 6 Rights of the Contracting Party
6.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the hotel, which are customary and without special conditions accessible to the guests and to the usual service. The contractual partner has to exercise his rights according to any hotel and / or guideline (house rules).

§ 7 Duties of the Contracting Party

7.1 The contractual partner is obliged to pay the agreed remuneration at the latest at the time of departure, plus any additional amounts that may have arisen due to the separate use of the services and / or accompanying guests, plus statutory value-added tax.

7.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these will be paid for at the day's rate. If the Proprietor accepts foreign currencies or cashless payments, the Contractor shall bear all related costs, eg inquiries with credit card companies, telegrams, etc.

7.3 The Contractor is liable to the Owner for any damage he or the Guest or other persons, who receive the services of the Proprietor with the knowledge or the will of the Contractor.

§ 8 Rights of the Proprietor

8.1 If the contracting party refuses to pay the fee or is thus in arrears, the hotelier shall be entitled to the right of retention pursuant to § 970c ABGB as well as the statutory right of pledge pursuant to § 1101 ABGB to the goods entered by the contract partner or the guest. This right of retention or lien is also the property of the Proprietor in order to secure his claim from the accommodation agreement, in particular for boarding, other expenses incurred for the contractual partner and for any claims for compensation of any kind.

§ 9 Liability of the Proprietor for damage to the goods

9.1 In accordance with §§ 970 ff ABGB, the accommodation provider shall be liable for the goods entered by the contractual partner. The liability of the Proprietor is only given if the goods have been handed over to the Proprietor or the person authorized by the Proprietor or have been brought to a place designated or determined by them. If the Proprietor fails the proof, the Proprietor is liable for his own fault or the fault of his people, as well as the incoming and outgoing persons. In accordance with § 970 Abs 1 ABGB, the hirer is liable only to the amount stipulated in the Federal Act of 16 November 1921 on the liability of the guest and other entrepreneurs, as amended. If the contracting party or the guest does not comply immediately with the invitation of the hirer to not deposit his / her belongings in a special place of storage, the hirer is exempted from any liability. The amount of any liability of the hirer is limited to the maximum liability insurance sum of the respective hirer. Any fault on the part of the contracting party or guest shall be taken into account.

9.2 The liability of the hirer is excluded for slight negligence. If the contractual partner is an entrepreneur, the liability is also excluded for gross negligence. In this case the Contractor shall bear the burden of proof for the existence of the fault. Any consequential or consequential damage or loss of profits will not be replaced.

9.3 The hotelier is liable for treasures, money and securities only up to the amount of € 200, -. The hirer is liable for further damage only in the event that he has taken over these things in the knowledge of their condition for the storage or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis.

9.4 The lodging of valuables, money and securities may be refused by the accommodation provider, if they are much more valuable objects than guests of the relevant accommodation company usually keep in custody.

9.5 In any case, the liability assumed is excluded if the contractual partner and / or guest does not immediately notify the exhibitor of the damage incurred to the hirer. In addition, such claims shall be asserted by the contractual partner or guest within three years from knowledge or possible knowledge; Otherwise the right is extinguished.

§ 10 Limitations of liability

10.1 If the contractual partner is a consumer, the liability of the hirer is excluded for slight negligence, with the exception of personal injury.

10.2 If the contractual partner is an entrepreneur, the liability of the hirer is excluded for light and gross negligence. In this case the Contractor shall bear the burden of proof for the existence of the fault. Any consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. In any case, the damage to be compensated is limited by the level of the interest in the trust.

§ 11 Animal husbandry

11.1 Animals may only be brought into the accommodation facility with the prior consent of the hirer and, if necessary, for a special payment.

11.2 The contracting party who is taking an animal is obliged to keep or supervise this animal properly during his stay or to have it supervised or supervised by third parties at his expense.

§ 12 Extension of the accommodation

12.1 The contractor shall not be entitled to prolong his stay. If the contractual partner announces his wish to extend the stay in time, the hotelier may agree to the extension of the accommodation agreement. The hirer is not obliged to do so.

12.2 If the contracting party can not leave the accommodation facility on the day of departure because unforeseeable exceptional circumstances (eg extreme snowfall, floods, etc.), all accommodation facilities are blocked or unusable, the accommodation agreement is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting partner can not make full use of the offered services of the hotel as a result of the exceptional weather conditions. The hotelier is entitled to demand at least the charge corresponding to the usually charged price in the off-season.

§ 13 Termination of the accommodation contract - Early termination

13.1 If the accommodation agreement has been concluded for a certain time, it ends with a time sequence.

13.2 If the contractual partner leaves prematurely, the hotelier shall be entitled to demand the full agreed remuneration. The Proprietor will deduct what he has spared as a result of the non-use of his services or what he has received through the other rented accommodation. A saving is only if the hotel is fully utilized at the time of non-use of the premises ordered by the guest and the premises can be rented to additional guests due to the cancellation of the contract partner. The contractual partner bears the burden of proof of the savings.

13.3 By the death of a guest the contract ends with the hotelier.

13.4 If the accommodation agreement has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day before the intended contracting date.

13.5 The Proprietor is entitled to dissolve the accommodation contract with immediate effect for important reasons, in particular if the contract partner or the guest

(A) make a considerable negative use of the premises or, by his reckless, offensive or otherwise grossly improper conduct, offends the other guests, the owner, his people or the third party residing in the accommodation establishment, or opposes an offense threatened with punishment Against property, morality or physical security;
(B) is infected or otherwise nursed by an infectious disease or disease that goes beyond the period of stay;
C) the invoices submitted are not paid at maturity within a reasonable period (3 days).

13.6 If the fulfillment of the contract by an event to be regarded as force majeure (eg elementary events, strikes, lockouts, official orders, etc.) becomes impossible, the Proprietor may terminate the accommodation contract at any time without observance of a notice period , Or the accommodation provider is exempted from his / her accommodation requirements. Any claims for damages, etc. of the contracting party are excluded.

§ 14 Disease or death of the guest

14.1 If a guest becomes ill during his / her stay in the accommodation company, the hotelier will provide medical care for the guest's request. If the risk is in default, the hotelier will arrange the medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so himself.

14.2 As long as the guest is not in a position to make decisions or the guests' relatives can not be contacted, the hotelier will provide medical treatment at the expense of the guest. However, the extent of these care measures ends when the guest can make decisions or the relatives have been informed of the illness.

14.3 The Proprietor shall have compensation claims against the contractual partner and the guest or, in the case of death, against their legal successors, in particular for the following costs:

(A) open medical costs, medical expenses, medication and medical aids
(B) necessary room disinfection,
(C) non-usable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,
(D) restoration of walls, fixtures, carpets, etc. as far as they are contaminated or damaged in connection with the disease or death,
(E) room rent as far as the guest's premises have been used, plus any days of unavailability of the rooms due to disinfection, evacuation, etc.,
(F) any other damages that may occur to the hotelier.

§ 15 Place of Performance, Jurisdiction and Choice of Law

15.1 The place of performance is the place where the accommodation company is situated.

15.2 This contract is subject to Austrian formal and substantive law, with the exclusion of the rules of international private law (in particular IPRG and EVÜ) as well as the UN purchase right.

15.3 Exclusive court of jurisdiction is in the bilateral entrepreneurial business the seat of the hirer, whereby the hirer is also entitled to assert his rights also at every other local and factually competent court.

15.4 If the accommodation agreement has been concluded with a contracting party who is a consumer and has his / her domicile or habitual residence in Austria, actions against the consumer may only be brought into the place of residence, place of habitual residence or place of employment of the consumer.

15.5 If the accommodation contract is concluded with a contracting party who is a consumer and resides in a Member State of the European Union (except Austria), Iceland, Norway or Switzerland, the place of residence of the consumer for actions against the consumer is local and factual Competent court.

§ 16 Other

16.1 Unless the above provisions provide for anything special, the period begins with the delivery of the document ordering the time-limit to the contracting parties, which must keep the time-limit. In calculating a time limit determined in days, the day shall not be taken into account in which the time or event for which the commencement of the time-limit is intended shall be taken. Time limits determined by week or month refer to those days of the week or of the month which, by their designation or number, correspond to the day on which the time limit is to be counted. If this day is missing in the month, the last day of the month is decisive.

16.2 Declarations must have been sent to the other Contracting Party on the last day of the deadline (24 hours).

16.3 The Proprietor shall be entitled to set off his own claims against the account of the Contracting Party. The contractual partner is not entitled to set off his own claims against claims of the hirer, unless the hirer is insolvent or the claim of the contract partner is judicially recognized or recognized by the hirer.

The entire ediths Wohnen team wishes you and your loved ones a relaxing stay in our house!

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E-mail: wohnen@ediths.at
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Managing Directors: Edith Klinger (50%) & Dipl.-Ing. (FH) Remo Klinger (50%)
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