General Terms and Conditions for the accommodation contract
I. Scope
1. These general terms and conditions (hereinafter referred to as "GTC") apply to guests of the Bubble Tent Hotel, Feld 2, 4853 Steinbach am Attersee, e- mail : office@bubbletent.at (in the following: "Hotel") and refer to all accommodation contracts as well as all other services and deliveries of the hotel provided to the guest.
2. The hotel concludes all contracts exclusively on the basis of these terms and conditions. Deviating provisions, even if they are included in the General Terms and Conditions of the guest or the customer, shall not apply, unless they are expressly acknowledged by the hotel. An acknowledgment in this sense is only a written approval by the hotel, which has been signed by authorized representatives of the hotel.
II. Definitions
1. "Accommodation": The rental of hotel rooms by the hotel to the guest. It does not include the right to sublet or re-lease or use for anything other than accommodation.
2. "Accommodation contract": is the contract concluded between the guest and the hotel, whereby this contract is based on the terms and conditions.
3. "Order": Request of the guest or a third party for the conclusion of an accommodation contract.
4. "Customer": Is every guest or every third person (natural person, who for a guest or in whose name, if necessary, also for a company), makes an order.
5. "Guest": is any natural person who avails the hotel accommodation. Guests are also those persons who arrive with the guest (eg family members, friends, etc.).
6 . "Reserved rooms": The hotel rooms ordered by the guest and assigned by the hotel, which become rented rooms / rooms from the beginning of the hotel hiring.
7 . " Consumers", "Entrepreneurs": These terms are to be understood in the sense of the Consumer Protection Act 1979 asamended .
8 . "Force majeure": An external, extraordinary and unforeseeable event that can not be prevented even by the utmost care of the person concerned. These include fire, storms, earthquakes, strikes, traffic accidents, wars, hostage-taking, natural disasters.
III. Contract conclusion / deposit
1. The accommodation contract is concluded by express acceptance of the guest's order by the hotel. Electronic declarations are deemed to have been received by the guest if these can be called by the guest under normal circumstances and by the hotel at the business hours announced.
2. The contracting parties are the hotel and the guest. If a third party makes the order for the guest, he is liable to the hotel as the customer together with the guest as joint debtor for all obligations under the contract, provided the hotel has a corresponding declaration from the customer. Irrespective of this, every purchaser is obliged to forward all relevant information, in particular these GTC, to the guest. In case of non-compliance, the purchaser is liable to the hotel for any adverse consequences that may result.
3. a) The hotel is entitled to conclude the accommodation contract on the condition of a deposit. In this case , before accepting the written or verbal order of the guest, the hotel is obliged to inform the guest of the required down payment. If the guest agrees to the deposit in writing or verbally, the accommodation contract with receipt of the consent of the guest on the deposit at the hotel is concluded. If the accommodation contract has been concluded on the condition of a deposit, the guest is obliged to pay the down payment no later than 7 days (incoming) before the beginning of the accommodation. The down payment is a partial payment on the agreed fee.
3. b) If the guest does not appear until 6 pm on the agreed arrival day, the hotel will only be obliged to provide accommodation if a later arrival time has been expressly agreed.
3. c) If a down payment has been made by the guest on time, the reservation of the premises shall remain valid no later than 12.00 noon on the day following the agreed arrival day.
4. The hotel is free to refuse orders without giving reasons.
IV. Duration of hotel transfer, arrival and departure:
1. The guest is not entitled to the provision of certain rented rooms, unless the hotel has confirmed the provision of certain rooms in writing.
2. The hotel determines the time of reference of the rented rooms of the guest. If the accommodation contract does not provide for a reference date, the guest may rent the rented rooms from 2 pm on the agreed arrival day. The guest is not entitled to earlier provision.
3. If the guest occupies the room for the first time before 6:00 am, the previous night counts as a chargeable overnight stay.
4. Booked rooms are to be occupied by the guest at the latest
by 18:00 on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other guests after 6 pm without the guest being able to derive any claims for compensation. The hotel is entitled to a right of withdrawal.
5. On the day of departure, the rented rooms are to be vacated by the guest by no later than 12.00 pm. If the room is not vacated by the guest on time, the hotel is entitled to charge for the additional use of the room the daily room rate, from 18.00 o'clock 100% of the full valid lodging price.
V. Services, price, payment, offsetting
1. The hotel is obliged to hold the rooms rented by the guest in accordance with these terms and conditions and to render the agreed services.
2. The guest is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him in accordance with the closed accommodation contract. This also applies to services provided by the guest or the customer and expenses of the hotel towards third parties.
3. The agreed prices include VAT
4. If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the hotel for such services increases or decreases, the hotel may increase or decrease the contractually agreed price appropriately, but not by more than 10%.
5. The prices can also be changed by the hotel if the guest subsequently wishes to change the number of booked rooms, the services of the hotel or the length of stay and the hotel agrees in writing.
6. Invoices of the hotel are due for payment immediately upon receipt at the time of departure from the hotel without deductions.If another term of payment has been agreed, the guest will be in default of payment at the latest if he does not make payment (incoming) within 30 days of receipt of the invoice or until a due date stated in the invoice. In case of late payment, the Hotel am Stephansplatz is entitled to charge default interest of 5% pa to consumers. Compared with companies, the default interest rate is 8% above the base rate.
7. In case of late payment, the guest has to pay not only default interest but also dunning charges of € 5.00 per reminder.
8. Furthermore, the hotel is entitled to demand the accumulated receivables in the hotel during the stay of the guest by issuing an interim invoice at any time and to demand immediate payment.
VI. Resignation, cancellation
i. Resignation by the hotel:
1. If the accommodation contract was concluded on the condition of a deposit by the guest and the deposit was not paid on time by the guest, the hotel can withdraw from the accommodation contract without setting a grace period.
2. The hotel is also entitled to withdraw from the contract for good cause. Important reasons in this sense are:
• Force majeure or other circumstances for which the hotel is not responsible, which make the fulfillment of the contract impossible.
• If rooms are ordered under misleading or false statement of material facts about the person of the guest or the purpose of stay.
• If the hotel reasonably believes that the use of the hotel services may endanger the smooth operation, security or reputation of the hotel in public, without this being attributable to the hotel's control or organization .
• The non-appearance of the guest in accordance with point IV. 4.
• If the hotel is aware of the significant deterioration in the financial circumstances of the guest after the conclusion of the contract and, in particular, if the guest does not settle any claims already due from the hotel or if he does not provide sufficient down payment and payment entitlements of the hotel appear endangered.
• The guest has submitted an application to open insolvency proceedings or initiated an out-of-court debt settlement procedure.
• Insolvency proceedings have been instituted on the assets of the guest or the opening of the same has been rejected for lack of cost-covering assets or for other reasons.
ii. Rescission by the guest:
1. The hotel grants the guest a right of withdrawal in accordance with the following provisions:
• In case of cancellation of a guest from the booking, the hotel is entitled to reasonable compensation.
• The cancellation conditions are specified individually in the respective accommodation contract.
• The guest, who does not use the booked room or the booked services without informing in time, has to pay the contractually agreed price in full.
• If the hotel has granted the guest an option in the accommodation contract to withdraw from the contract within a certain period of time without any further legal consequences, the hotel is not entitled to any compensation. Decisive for the timeliness of the declaration of withdrawal is their access at the hotel. The guest must explain the withdrawal in writing.
In the absence of agreement on individual cancellation conditions in the accommodation contract, the following cancellation conditions apply:
All reservations canceled within 7 days of the date of the booking confirmation are free of charge, except for bookings made within 8 weeks of arrival at the property. It is necessary to cancel in writing (or by e-mail). If canceled between 7 days after the date of booking confirmation and 8 weeks before arrival at the accommodation, 30% of the total price of the reservation and the cost of the reservation will be charged. In case of cancellation between 8 weeks before arrival at the accommodation and the day of arrival, the full price will be charged.
After the above dates, a withdrawal by unilateral declaration of the travel agency or guest is possible only with payment of a cancellation fee in the amount of the amount corresponding to the fee for one day for all booked services of the failing guests . The statutory provisions for resignation at the conclusion of the accommodation contract by means of distance selling within the meaning of the KSchG remain unaffected by the above provisions.
2. The hotel must notify the guest in writing of the exercise of the right of withdrawal upon conclusion of the accommodation contract.
3. In the aforementioned cases of withdrawal, no claim of the guest for damages arises.
VII. Disabilities of arrival
If, on the day of arrival, the guest can not appear at the accommodation for reasons for which the guest is not responsible, the guest is not obliged to pay the agreed fee for the day of arrival. Such reasons are exclusively those of force majeure . The fee payment obligation for the booked stay lives on from arrival possibility again, if the journey is possible again within three days.
VIII. Provision of a substitute accommodation
1. The hotel is entitled to provide the guest, for objectively justified reasons, with adequate substitute accommodation (same or similar quality) if this is reasonable for the guest, especially if the deviation is insignificant and objectively justified.
2. Substantial justified reasons shall apply in particular if the reserved rooms have become unusable, guests already quartered extend their stay, an overbooking exists or other important operational measures necessitate this step.
3. Any additional expenses for the replacement accommodation are at the hotel's expense.
IX. Rights of the guest:
By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the generally accessible and the general use of open further rooms of the hotel as well as local custom. The guest must exercise his rights according to any hotel and / or guest guidelines (house rules) and with the utmost protection of the substance of the hotel's premises and in consideration of the other guests.
X. Obligations of the guest:
1. The guest is obligated to pay the agreed fee plus any additional amounts incurred as a result of separate use of services by him and / or the guests accompanying him, plus statutory sales tax at the latest at the time of departure.
2. The hotel is not obligated to accept foreign currencies. If the hotel expressly accepts foreign currencies, these will be taken into account at the current exchange rate. If the hotel accepts foreign currency or non-cash means of payment, the guest will be responsible for all associated costs, such as making inquiries with credit card companies, telegrams, etc.
3. The guest is liable to the hotel for any damage he or other persons who receive services of the hotel with the knowledge or will of the guest.
XI. Rights of the hotel
1. If the guest refuses to pay the agreed fee or is thus in arrears, the hotel is entitled to the legal right of retention according to § 970c ABGB as well as the legal lien pursuant to § 1101 ABGB to the items brought in by the guest. This retention or lien is the hotelfurther to secure the claim from d em Accommodation Agreement, particularly for catering, other expenses made for the guest and for any claims linked to the accommodation to.
2. If the guest desires room service or service at exceptional times of day or night (after 8 pm and before 6 am), then the hotel is entitled to charge a special fee. This special charge will be awarded by the hotel on the room price table. The hotel can also refuse these services for operational reasons.
XII. Liability of the hotel for damage to objects brought
1. The hotel is liable in accordance with §§ 970 to 970c ABGB for the items brought in by the guest. The liability of the hotel is only given if the goods have been handed over to the hotel or the persons authorized by the hotel or have been taken to a locationdesignated or designated by the hotel . If the hotel fails to prove this, the hotel is liable for its own fault or the fault of its people as well as the departing and incoming persons. According to § 970 Abs 1 ABGB, the hotel is liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs in the currently valid version (currently € 1,100.-). If the guest does not promptly comply with the hotel's request to deposit his belongings in a special storage location (eg safe), the liability of the hotel is excluded. The amount of any liability of the hotel is limited to a maximum of the liability insurance sum of the hotel. A fault of the guest is to be taken into account and accordingly reduces the liability sum.
2. For valuables, money and securities the hotel is liable only up to the amount of currently € 550, -. The hotel is liable for any further damage only in the event that it has taken over these things in the knowledge of their condition for safekeeping or in the event that the damage was caused by himself or one of his people.
3. Safekeeping of valuables, money and securities may be refused by the hotel if they are much more valuable items than guests of the hotel usually keep in custody.
4. In each case of the accepted storage, liability is excluded if the guest does not immediately notify the hotel of any damage incurred. Moreover, these claims must be asserted in court within three years from knowledge or possible knowledge of the guest;otherwise the right is extinguished.
XIII. limitations of liability
1. If the guest is a consumer, the liability of the hotel for minor negligence, except for personal injury, is excluded.
2. If the guest is an entrepreneur, the liability of the hotel for slight and gross negligence is excluded. In this case, the guest bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced.The damage to be replaced always finds its limit in the amount of confidence.
XIV. Termination of the accommodation contract - early termination
1. If the accommodation contract has been concluded for a certain period of time, it will end with the time specified in the accommodation contract.
2. If the guest leaves prematurely, the hotel is entitled to demand the full agreed fee. The hotel will deduct what it saves as a result of non-use of its services or what it has obtained by other letting of the ordered rooms. A saving exists only if the accommodation company is fully utilized at the time of non-use of the rooms ordered by the guest and the space can be rented to other guests due to the guest's cancellation. The burden of proof of the savings is borne by the guest.
3. The death of a guest ends the contract with the hotel.
4. The hotel is entitled to dissolve the accommodation contract with immediate effect for good cause. As an important reason, in particular, if the guest
a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper conduct, disgusts the cohabitation or threatens to be punishable against the other guests, the owner, the owner or the third party resident in the accommodation establishment Act against property that is guilty of morality or physical safety;
(b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation;
c) the invoices submitted are not paid when due.
5. If the contract stay (eg. Acts of God, strikes, lockouts, official orders.) Through to circumstances to be force majeure event is impossible, the hotel may terminate the Accommodation Agreement at any time without notice if the contract is not covered in the law is deemed dissolved, or the hotel is exempted from its accommodation obligation. Any claims for damages in this context etc of the guest are excluded.
XV. Place of fulfillment, jurisdiction and choice of law
1. Place of performance is the place where the tourist accommodation is located.
2. This contract is subject to Austrian procedural and substantive law to the exclusion of the rules of private international law (particularly IPRG and Rome Convention) and CISG.
3. Exclusive jurisdiction is in two Entrepreneur, the seat of the hotel, the hotel is also entitled to assert its rights before any other local and objectively - to make permanent court that is.
4. If the accommodation contract was with a guest who is a consumer and has his residence or ordinary residence is in Austria, actions against the consumers - can be finally introduced at the domicile, habitual residence or the guest's place of employment.
5. If the accommodation contract has been concluded with a guest who is a consumer and resides in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, this is local and for the consumer's place of residence for actions against the consumer Competent court exclusively responsible.
XVI. miscellaneous
1. Unless otherwise provided for by the above provisions, the period of notice begins upon notification of the document ordering the notice to the guest who has to respect the time limit. When calculating a period, which is determined by days, the day is not counted, in which the time or the event , after which the beginning of the period is to be determined. Periods determined by weeks or months refer to the days of the week or the month which, by its designation or number, corresponds to the day of which the period is to be counted. If this day is missing in the month, the last day in this month is decisive.
2. Statements must be received by each other on the last day of the deadline (24 hours).
3. The hotel is entitled to charge against the guest's claim with own claims. The guest is not entitled to offset own claims against claims of the hotel, unless the hotel is insolvent or the claim of the guest is judicially determined or recognized by the hotel.
4. In the case of loopholes, the relevant statutory provisions apply.
1. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
2. Messages, mail and merchandise for guests are handled with care. The hotel will take care of the delivery, storage and - on request, against reimbursement of the same and on request also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a one-month retention period at the latest, providing a reasonable fee.
3. Claims for damages of the guest become statute-barred after three years at the latest from knowledge of the damage and the injuring party.
4. Amendments or additions to the contract, the acceptance of the application or these terms and conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
5. Should individual provisions of these terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
Bubble Tent Hotel August 2018