General terms and conditions of business
§ 1 Definitions of terms 1st "apartment/holiday flat is the rental property in the apartment house "Schlossalm Appartement", Ulrike and Rudolf Seer, Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein.
2. "Landlords": are Ulrike and Rudolf Seer at Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein, who accommodate guests for a fee (
3) 'guest' means a natural person who uses accommodation As a rule, the guest is also the contractual partner. Persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
(4) "Party": means a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest
5. "Accommodation contract": Is the contract concluded between the landlord and the contracting party, the contents of which are set out in detail below.
§ 2 Scope of application 1 These General Terms and Conditions apply to contracts for the rental of the Schlossalm Appartement, for accommodation and all other services and deliveries provided for the guest by the landlord Ulrike and Rudolf Seer. The Landlord's services are provided exclusively on the basis of these General Terms and Conditions.
2) The subletting or further letting of the left vacation home as well as their use for other than residential purposes, require the previous written agreement of the landlord.
3. terms and conditions of the guest shall only apply if they have been agreed in writing beforehand. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 3 Contracting Party
1. the contractual partners are Ulrike and Rudolf Seer, hereinafter referred to as the landlord, and the guest as the tenant. If a third party makes the booking on behalf of the guest, he is liable to the landlord as the ordering party together with the guest as joint and several debtor for all obligations arising from the contract. In case of doubt, the customer is liable, even if he/she has ordered or co-ordered for other persons named by name. Irrespective of this, each customer is obliged to pass on all information relevant to the booking, in particular these General Terms and Conditions, to the guest.
2. persons using the accommodation are guests in the sense of the terms of the contract
. § 4 Conclusion of contract, down payment 1. the accommodation contract is usually concluded by the acceptance of the written order of the guest or booking via the "Smoobu booking portal" by the landlord.
2. at the time of booking, the guest makes a deposit within 5 days in the amount of the sum specified under "Smoobu Booking Portal". After receipt of the deposit the guest will receive a booking confirmation by e-mail.
3. the lessor may also demand advance payment of the total agreed remuneration.
§ 5 Start, extension and end of accommodation 1. the guest has the right to occupy the rented rooms from 15:00 of the agreed day. The guest has no right to earlier provision. If there is the possibility to move into the apartment/holiday flat earlier, this is possible after prior arrangement.
2. booked rooms are to be used by the guest by 20:00 of the agreed day of arrival at the latest. If you can only arrive after 20:00, please let us know briefly. A later arrival is usually no problem.
3. an extension of the stay by the guest requires the written consent of the landlord.
4. on the agreed day of departure, the holiday home must be vacated and made available to the landlord by 10:00 at the latest. A later departure is only possible with the express consent of the landlord and can cost up to 200% of the daily price.
5. if the accommodation contract has been agreed for a specific period of time, it ends with the expiry of that period. If the guest leaves prematurely, the landlord is entitled to demand the full agreed remuneration.
6 The landlord is entitled to dissolve the accommodation contract with immediate effect if the guest: a. makes a considerably disadvantageous use of the premises or, by his reckless, offensive or otherwise grossly improper behaviour, makes the other co-inhabitants uncomfortable to live together or is guilty of an act against property, morality or physical safety vis-à-vis the landlord and his staff which is punishable by law; b. is afflicted by a contagious disease or is in need of nursing care or care beyond the period of accommodation; c. fails to pay the invoice presented to him upon request within a reasonably set period of time.
7. if the performance of the contract becomes impossible due to an event which can be considered as force majeure, the contract shall be dissolved.
§ 6 Withdrawal from the Accommodation Agreement
1. rescission of the guest, cancellation In the event that a guest withdraws from the booking, the landlord is entitled to reasonable compensation: a. In case of cancellation within 14 days before arrival or non-arrival we charge 100% of the total price b. In case of cancellation from 41 days to 15 days before arrival we charge 60% of the total rent c. Cancellation up to 42 days before arrival is free of charge. The deposit will be returned. e. In the event of withdrawal from the booking, the Landlord has the option to claim a cancellation fee from the Guest instead of a concretely calculated compensation. f. In case of travel interruption or premature departure of a guest, the landlord is entitled to 100% of the total rental amount.
2. withdrawal of the landlord a. The lessor is entitled to refuse the booking within 24 hours (due to the risk of double booking with other booking portals). The lessor is also entitled to withdraw from the contract within 30 days before arrival. b. If an agreed advance payment or security deposit is not made within 5 days or as agreed, the lessor is also entitled to withdraw from the contract. c. Furthermore, the landlord is entitled to withdraw from the contract for good cause, in particular if the holiday flat is booked under misleading or false statement of essential facts, e.g. concerning the person of the guest or the purpose; the landlord has justified reason to assume that the use of the service can endanger the smooth business operations, the safety or the reputation of the landlord in public, without this being attributable to the sovereign or The Lessor has reasonable grounds to believe that the use of the service may endanger the smooth business operations, the safety or the public reputation of the Lessor without this being attributable to the Lessor's sphere of control or organisation; unauthorised subletting or re-letting exists; the Lessor learns of circumstances that the financial circumstances of the Guest have deteriorated considerably after conclusion of the contract, in particular if the Guest does not settle due claims of the Lessor. d. In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation. e. The landlord has the right to withdraw from the contract in the event that the guest does not appear by 20:00 of the agreed day of arrival, unless a later time of arrival has been agreed in writing. f. If the guest has paid a deposit, the room(s) will remain reserved until 12:00 of the following day at the latest. g. Even if the guest does not use the ordered apartment, he/she is obliged to pay the landlord the agreed fee.
§ 7 Services, prices and payment
1. the guest is obliged to pay the landlord's valid or agreed prices for the room and the other services used by him. This also applies to services and expenses of the landlord towards third parties caused by the guest or the customer.
2. the prices can be changed by the landlord, if the guest wishes to change the service of the landlord or the length of stay of the guests afterwards, and the landlord agrees to it.
3. invoices of the lessor are payable immediately upon receipt without deduction. In case of default of payment, the lessor is entitled to charge interest on arrears. The lessor may charge a reminder fee for each reminder after the occurrence of default.
4. the lessor is entitled to demand 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
5) The guest is obliged to pay the landlord's valid or agreed prices for the room and the other services used by him.
6. the final payment of the total amount of the rent is made either in advance by bank transfer to the account stated on the invoice, or in cash on arrival.
§ 8 Liability of the lessor, statute of limitations
1) Should disruptions or defects in the services of the lessor occur, the lessor will endeavour to remedy the situation upon immediate notification of the client. If the guest culpably omits to report a defect to the landlord, a claim for a reduction of the contractually agreed fee does not arise.
2 The lessor is liable in accordance with the statutory provisions for all damages resulting from injury to life, body and health. The lessor is liable for other damages caused by slight negligence only if these are due to the violation of an essential contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical for the contract.
4. in the case of other damages, the liability of the accommodation company is furthermore limited to a maximum amount of EUR 1,000.00 for property damage and to a maximum amount of EUR 500.00 for financial losses for each individual case of damage and all cases of damage from and in connection with the contractual services. The limitation of liability and exclusions do not apply if the other damages are due to an intentional or grossly negligent breach of duty by the Lessor, his legal representatives or executive employees.
5 The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations of liability shall also apply in cases of any claims for damages by a Guest against employees or vicarious agents of the Lessor. They shall not apply in cases of liability for a defect after a guarantee has been given for the quality of an item or work, in the case of fraudulently concealed defects or in the case of personal injury.
6. the landlord is liable to the guest for objects brought in according to the legal regulations, but at the most up to EUR 500.00. For objects of value (cash, jewellery, etc.) this liability is limited to EUR 100.00. The liability claims expire if the guest does not report the loss, destruction or damage to the landlord immediately after becoming aware of it.
7. if a parking space is made available to the guest, this does not constitute a safekeeping contract. The landlord is not obliged to monitor the guest. In the event of loss of or damage to motor vehicles parked or manoeuvred on the Lessor's property and their contents, the Lessor is not liable unless the Lessor, his legal representatives or his vicarious agents are responsible for intent or gross negligence. In this case the damage must be claimed against the Lessor at the latest when leaving the property.
8. the guest's claims for damages become time-barred at the latest after one year from the point in time at which the guest becomes aware of the damage, or, regardless of this awareness, at the latest after two years from the time of the damaging event. This does not apply to the liability for damages resulting from injury to life, body or health or for other damages resulting from an intentional and grossly negligent breach of duty by the Lessor, a legal representative or vicarious agent of the Lessor.
§ 9 Rights of the guest
1. by concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation company, which are usually and without special conditions accessible to the guests for use, and to the usual service.
2. the guest has the right to occupy the rented rooms from 15:00 of the agreed day.
§ 10 Obligations of the Guest
1. on arrival at the accommodation or in advance by bank transfer, the agreed fee must be paid. The landlord is not obliged to accept cashless means of payment such as cheques, credit cards, vouchers, etc. 2) Before putting into operation electrical devices which are brought by the guests and which do not belong to the usual travel needs, the consent of the landlord has to be obtained. 3) The regulations of the law of compensation for damages apply to the damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim damages directly from the landlord. § 11 Rights of the landlord 1. if the guest refuses to pay the agreed remuneration or is in arrears with it, the landlord is entitled to retain the items brought in to secure his claim from the accommodation and catering as well as his expenses for the guest. (legal right of retention.)
2. the landlord has the right of lien on the objects brought in by the guest to secure the agreed remuneration. (legal lien of the landlord) § 12 Liability of the lessor for damages The landlord is liable for damages that a guest suffers if the damage has occurred within the framework of the business and if he or his employees are at fault. § Article 13 Animal husbandry 1. animals may only be brought into the tourist accommodation after prior authorisation and, if necessary, for a special fee 2 The guest is liable for the damage caused by the animals brought along in accordance with the legal regulations applicable to the pet owner.
§ 14 Conditions for the use of W-LAN Internet access
1. the use is carried out by entering a code This code is only given to guests of the house.
2. the use is free of charge and for the duration of the accommodation. The landlord cannot guarantee the actual availability of the internet access. The code may not be passed on to third parties. The code expires after a certain time. Please contact the landlord for further information.
3. by issuing the code, the lessor does not assume any obligations. The use of the code is subject to the technical possibilities. In particular, the user has no right to use the Internet Guest-LAN in any particular way or for any particular duration.
4. any liability, especially for warranty and compensation (except for intent and bodily injury), is hereby excluded. In particular, no liability is assumed for the contents of websites called up or downloaded files. Furthermore, no liability is assumed for any viruses that may infect the Internet Guest LAN. The user expressly acknowledges that the Internet Guest LAN only allows access to the Internet, but does not include any virus protection or firewall.
5. the calling of pages with illegal content and the distribution of illegal or legally protected content is prohibited.
6) It is expressly forbidden for the user to use the Internet Guest-LAN for downloading or any other form of distribution of copyrighted content.
7) Any misuse of the Internet Guest-LAN, in particular a use that may result in adverse legal consequences for third parties or the landlord, is prohibited.
8) Should the lessor be exposed to third party claims for any reason through the use of the Internet Guest-LAN by the user, the user is obliged to indemnify and hold the lessor harmless in this respect.
§ Article 15 Final provisions
1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for the rental must be made in writing. Unilateral changes or additions by the customer are invalid.
2. place of performance and payment is the registered office of the lessor.
3) For all disputes arising from the lodging contract, the court that is competent for the lodging establishment in terms of subject matter and location is agreed.
4 Exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions is the registered office of the lessor. The Lessor is, however, entitled to bring actions and other legal proceedings at the general place of jurisdiction of the Guest. Deviating provisions, even if they are contained in the General Terms and Conditions of the Guest or the Customer, shall not apply unless they are expressly accepted by the Lessor in writing.
5 The law of the Republic of Austria shall apply. 6. if individual provisions of these general terms and conditions for the rental are or become invalid or void, the validity of the remaining provisions shall not be affected. For the rest, the statutory provisions shall apply.
Ulrike and Rudolf Seer, Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein, Germany, telephone: 0043 6432 3038, fax: 0043 6432 85152 E-mail: firstname.lastname@example.org