GENERAL TERMS AND CONDITIONS

Definitions


“Proprietor”: means an individual or entity that accommodates guests against remuneration.


“Guest”: means an individual that uses accommodation.Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).


“Party”: means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest.


“Consumer” and “Entrepreneur”: these terms shall be construed as defined by the 1979 Consumer Protection

Act (Konsumentenschutzgesetz) as amended.


“Accommodation Agreement”: means the agreement made between the Proprietor and the Party, the contents

of which are specified below.



Execution of the agreement – Down payment


The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the Proprietor.


The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.


The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.


The down payment shall be deemed an instalment of the agreed remuneration.


Start and end of accommodation


Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).


If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.


The rented rooms shall be vacated by the Party by 10.00 noon on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.

Rescission of the Accommodation Agreement – Cancellation fee


Rescission by the Proprietor


If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.


If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.


If the Party has made a down payment, the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the Guest informs the Proprietor of a later date of arrival.


Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.


Rescission by the Party – Cancellation fee


The Party may rescind the Accommodation Agreement by means of a unilateral

declaration by 3 months before the agreed date of arrival of the Guest without being

liable to pay a cancellation fee.


Outside the period specified in § 5.5., the Party may only rescind the Accommodation

Agreement by means of a unilateral declaration subject to the following

cancellation fees:

  • 40% of the total agreed price by 1 month before the date of arrival;
  • 70% of the total agreed price by 1 week before the date of arrival;
  • 90% of the total agreed price within the last week preceding the date of arrival.
3 months or more 3 month to 1 month 1 month to 1 week up to one week
no cancellation fee 40% 70% 90%

Prevention from arrival


If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.


The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.New paragraph



Provision of substitute accommodation


The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.


An objective justification shall, for example, be deemed given if the room(s) has(have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.


Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.



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