TERMS AND CONDITIONS
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GENERAL TERMS AND CONDITIONS OF BUSINESS
1.1. These General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply to any and all services provided by Oliver Immobilien VermietungsgmbH, having its registered place of business in Vienna and its business address at Gumpendorfer Straße 139/8, A-1060 Wien, and entered in the company register of the Vienna Commercial Court under no. FN 479197b (hereinafter referred to as the “Accommodation Provider”), to the guest using the accommodation and to any other contract partner (hereinafter referred to as the “Contract Partner”). Any General Terms and Conditions of the Contract Partner shall not apply even if the Accommodation Provider fails to expressly reject the same. Any counter-confirmation by the Contract Partner making reference to its own General Terms and Conditions is herewith rejected.
1.2. These GTC shall not preclude specific individual agreements. The GTC shall apply subsidiarily to specific agreements made in any individual case.
“Guest” shall mean a natural person using the accommodation. As a rule the Guest is also the Contract Partner. Persons arriving together with the Contract Partner (e.g. family members, friends, etc.) shall also deemed to be Guests.
“Consumer” (“Konsument”) and “Entrepreneur” (“Unternehmer”) shall have the meanings ascribed to them in accordance with the Austrian Consumer Protection Act (Konsumentenschutzgesetz), as amended.
“Accommodation Contract” shall mean the contract concluded between the Accommodation Provider and the Contract Partner, the contents of which shall be defined in more detail hereinbelow.
3.1 The accommodation contract shall be deemed to be concluded upon the acceptance by the Accommodation Provider of the Contract Partner’s booking. Electronic mail shall be deemed to have been received once it is possible for the intended recipient to retrieve the mail under normal circumstances and provided the electronic mail arrives during the business hours of the Accommodation Provider as indicated.
3.2 The Accommodation Provider shall have the right to conclude the accommodation contract subject to the condition that the Contract Partner provide a down payment. In such a case the Accommodation Provider shall be obliged to inform the Contract Partner about the requested down payment prior to accepting the Contract Partner’s oral or written booking. If the Contract Partner consents (orally or in writing) to the provision of a down payment the accommodation contract shall be deemed to be concluded upon receipt by the Accommodation Provider of the Contract Partner’s consent to the provision of a down payment.
3.3 In any event the Contract Partner shall be obliged to supply a valid credit card number, the expiration date and the security code upon the confirmation of the booking.
4.1 Unless the Accommodation Provider offers a different check-in time, the Contract Partner shall have the right to occupy the rented rooms from 15:00 hours on the agreed day (“day of arrival”).
4.2 If the occupation of the room commences before 15:00 hours the preceding night shall be counted as the first overnight stay.
4.3 The rented rooms shall be vacated by the Contract Partner by 11:00 hours on the day of departure. If the rented rooms are not vacated by the agreed time the Accommodation Provider shall have the right to invoice the Contract Partner for a further day.
Bookings made by the Contract Partner shall be binding on both parties, subject (exclusively) to the following limitations.
Rescission by the Accommodation Provider
5.1 If a down payment is required in accordance with the accommodation contract and the Contract Partner fails to provide such down payment in due time the Accommodation Provider shall have the right to rescind the accommodation contract without granting a grace period.
5.2 Furthermore, in accordance with the applicable laws the Accommodation Provider shall have the right to rescind or terminate the contract with immediate effect for important reasons. In particular the following events shall be deemed to constitute important reasons: (i) the Contract Partner fails to make a payment when due; (ii) the performance of the contract is rendered impossible owing to force majeure, a strike or any other circumstances not attributable to the Accommodation Provider; (iii) the Contract Partner supplies misleading or incorrect information about essential data; (iv) the rooms, or parts of the rooms, subject to the contract are sublet without the Accommodation Provider’s written consent; (v) the Contract Partner or any person attributable to it uses the rented rooms in a substantially adverse manner, or through reckless, indecent or otherwise grossly improper conduct towards the Accommodation Provider or its staff or the guests present at the hotel or any third parties makes its/his/her presence intolerable to the said persons or parties, or commits a punishable offence against any of the said persons or parties directed against their property or physical integrity or against public morals, whereby an attempt or a reasonable suspicion shall be deemed sufficient for purposes of this clause; or (vi) the Contract Partner contracts a contagious disease or an illness continuing beyond the agreed duration of the stay, or otherwise requires care.
5.3 The Accommodation Provider shall also have a right of rescission in the event the Contract Partner does not arrive by 24:00 hours on the agreed day of arrival, unless any specific individual arrangement was agreed. If the Contract Partner has provided a down payment (cf. 3.2) the reservation for the rooms shall remain valid until 06:00 hours of the day following the agreed day of arrival at the latest. If a down payment for four days or longer has been made, the obligation to provide accommodation shall expire at 18:00 hours on the fourth day, whereby the day of arrival shall be counted as the first day, unless the Contract Partner indicates a later day of arrival.
5.4 The Accommodation Provider shall forthwith notify the Contract Partner in writing of the rescission/ termination, however, not later than within 14 days from the day on which the reason becomes known. The rescission of the contract by the Accommodation Provider shall not entitle the Contract Partner to claims for damages or other indemnity. If the contract is terminated for reasonable cause the right to claim damages shall not be affected.
Rescission by the Contract Partner – cancellation fee
5.5 In the event the Contract Partner cancels the contract or reduces its volume the Contract Partner shall be obliged to pay the following amounts as “forfeit money” within the meaning of § 909 ABGB (Austrian Civil Code), to the extent such a rescission (or partial rescission) was not culpably caused by the Accommodation Provider.
5.6 Until 3 months prior to the agreed day of arrival of the Contract Partner the accommodation contract can be terminated by unilateral cancellation by the Contract Partner, whereby no cancellation fee shall be payable.
5.7 After the expiry of the deadline stipulated in section 5.6 a rescission by unilateral cancellation by the Contract Partner shall be subject to the payment of a cancellation fee equalling 90% of the agreed volume of the contract plus VAT. In the event of a cancellation on the day of arrival or of a failure to arrive the aggregate contract amount plus VAT will be invoiced.
5.8 Notwithstanding the provisions in § 909 ABGB it is agreed that in the event of a rescission (or partial rescission) by the Contract Partner as described above the Accommodation Provider, in addition to the above described cancellation fees, shall be entitled to claim reimbursement for any and all wasted expenditure.
6.1 The Accommodation Provider shall be entitled to provide appropriate alternative accommodation (of equal standard) to the Contract Partner and the Guests respectively, if this is justified for practical reasons and reasonably acceptable to the Contract Partner, in particular if the differences are minimal.
6.2 The provision of alternative accommodation is deemed to be justified for practical reasons e.g. if the room (rooms) has (have) been rendered unusable, if Guests already occupying rooms extend their stay, if an overbooking has occurred, or if necessitated due to other important operational measures.
6.3 Any additional costs in connection with the alternative accommodation shall be borne by the Accommodation Provider.
6.4 The aforesaid shall not give rise to any claim for damages.
7.1 By concluding an accommodation contract the Contract Partner acquires the right to use, in the usual manner, the rented rooms, the facilities of the lodging establishment that are usually made available for the Guests’ use without any specific conditions, and the usual service.
7.2 The Contract Partner shall exercise its rights in compliance with the applicable hotel and/or guest guidelines (house rules), if any.
8.1 The Contract Partner shall pay the agreed consideration, plus any additional amounts incurred due to any special services used by the Contract Partner and/or the Guests accompanying the Contract Partner, and plus statutory VAT, at the latest at the time of departure. The Accommodation Provider shall have the right at any time to issue an invoice or interim invoice for the services provided.
8.2 The Accommodation Provider shall be under no obligation to accept foreign currencies. If the Accommodation Provider accepts foreign currencies these will, if possible, be accepted as payment at the applicable current rate. If the Accommodation Provider should accept foreign currencies or cashless means of payment any and all related costs shall be borne by the Contract Partner, e.g. inquiries with credit card companies, conversion charges, etc.
8.3 The Contract Partner shall be liable to the Accommodation Provider for any damage caused by the Contract Partner or any other persons who use the Accommodation Provider’s services with the knowledge or agreement of the Contract Partner.
8.4 If the Contract Partner leaves early the Accommodation Provider shall have the right to demand payment in full of the agreed consideration. The Accommodation Provider shall deduct any amounts saved due to the non-use of services or earned from renting out the booked rooms to others. Savings shall be deemed have been realized only if the lodging establishment is fully booked at the time the rooms booked by the Contract Partner are not used and these rooms can be rented out to other Guests due to the Contract Partner’s cancellation. The Contract Partner shall bear the burden of proof as to savings having been realized.
9.1 If the Contract Partner refuses to pay the requested consideration or is in default of payment, the Accommodation Provider shall be entitled to the statutory right of retention pursuant to § 970c ABGB and the statutory lien pursuant to § 1101 ABGB in respect of the objects brought to the premises by the Contract Partner and the Guest respectively. The Accommodation Provider shall be entitled to the said right of retention and lien also in order to secure its claims out of the accommodation contract, in particular for catering, other expenses incurred for the Contract Partner, and for any compensation claims of whichever nature.
9.2 If service is requested at the Contract Partner’s room or at unusual hours (later than 20:00 hours and earlier than 06:00 hours) the Accommodation Provider shall have the right to invoice extra charges. Such extra charges shall be indicated on the price board in the room. The Accommodation Provider may refuse to provide such services for operational reasons.
9.3 If the period of time between the booking and the agreed time of performance of the contract is longer than three months and the consideration generally charged by the Accommodation Provider for the contractual services has increased by the time of performance, the Accommodation Provider shall be entitled to increase the agreed price accordingly. In such a case the consideration shall be changed proportionately to the change of the Consumer Price Index 2010, published by Statistik Austria. The basis of calculation shall be the final index figure published for the month when the contract is concluded (= 100).
9.4 In the event of a default in payment default interest of eight percentage points above the base rate p.a. shall apply for Entrepreneurs and default interest of five percentage points above the base rate p.a. shall apply for Consumers within the meaning of the Austrian Consumer Protection Act.
9.5 The Contract Partner agrees that the data supplied in connection with the booking and the processing of the booking may also be processed electronically in connection with the performance of the contract and for purposes of the Accommodation Provider’s accounting and marketing. The Contract Partner further agrees that the electronic mail address supplied by it may be used by the Accommodation Provider for purposes of direct marketing via electronic mail, whereby the Contract Partner shall be entitled at any time to revoke its consent.
10.1 The Accommodation Provider shall be obliged to provide the agreed services to an extent that corresponds to the Accommodation Provider’s standard.
10.2 Examples of special services provided by the Accommodation Provider that are subject to mandatory price marking and not included in the accommodation price are: (i) special services related to the accommodation that can be invoiced separately, e.g. garaging services, etc.; (ii) a reduced price is charged for the provision of extra beds and children’s beds.
11.1 The Accommodation Provider shall be liable for objects brought to the premises by the Contract Partner in accordance with §§ 970 ff. ABGB. The Accommodation Provider shall be released from this liability if it is able to prove that the damage was neither due to the fault of the Accommodation Provider or any of its agents nor caused by any third parties temporarily present at the premises. The Accommodation Provider’s liability shall apply only if the relevant objects were handed over to the Accommodation Provider or persons authorized by it, or were deposited at a place designated for such purpose or indicated by the Accommodation Provider or persons authorized by it. Pursuant to § 970(1) ABGB the Accommodation Provider’s liability shall be limited to the amount stipulated by the Austrian Federal Act of 16 November 1921 on the Liability of Innkeepers and other Entrepreneurs, as amended. If the Contract Partner or the Guest fails to forthwith comply with the Accommodation Provider’s request to deposit the objects in a specific place designated for such purpose, the Accommodation Provider shall be released from any liability.
11.2 The Accommodation Provider’s liability for valuables, money or securities is currently limited to the amount of € 550. In respect of any damage beyond the said amount the Accommodation Provider shall be liable only if the Accommodation Provider was made aware of the nature of the relevant objects before accepting them for depositing. The Accommodation Provider shall be entitled to refuse to accept valuables, money or securities for depositing without giving a reason, in particular if the relevant items are considerably more valuable than the items usually deposited by Contract Partners.
11.3 Liability in respect of objects accepted for depositing shall be excluded in any case if the Contract Partner and/or the Guest fails to notify the Accommodation Provider of any damage incurred forthwith upon becoming aware of the damage.
11.4 The limitations of liability stipulated in section 12 shall apply mutatis mutandis.
12.1 If the Contract Partner is a Consumer the liability of the Accommodation Provider for slight negligence shall be excluded, excepting cases of personal injury.
12.2 The Accommodation provider shall be liable to Entrepreneurs for any legal claims and claims under precontracts, main contracts or ancillary contracts exclusively in cases of intent or extreme gross negligence, again excepting cases of personal injury.
12.3 Unless the Contract Partner is a Consumer under the Austrian Consumer Protection Act any and all claims by the Contract Partner against the Accommodation Provider shall come under the statute of limitation after the expiry of 18 months from the day on which the services were performed. In respect of Consumers the relevant legal provisions shall apply as to claims becoming statute-barred.
It is not allowed to bring animals (pets).
14.1 If a Guest falls ill during the stay at the lodging establishment the Accommodation Provider shall arrange for medical treatment upon the Guest’s request. In cases of imminent danger the Accommodation Provider shall arrange for medical treatment even in the absence of a specific request by the Guest or the Guest’s family, in particular if such treatment is needed and the Guest is in no fit state to arrange for such treatment.
14.2 For as long as the Guest remains incapable of making decisions or the Guest’s family cannot be contacted, the Accommodation Provider shall arrange for medical treatment at the expense of the Guest. These measures of care shall, however, continue only until such time when the Guest is capable of making decisions or the family has been informed about the illness.
14.3 The Accommodation Provider shall be entitled to claim reimbursement from the Contract Partner and the Guest or, if the Guest dies, from the successors and assigns for any and all relevant expenditures.
15.1 The place of performance shall be the place where the lodging establishment is located.
15.2 This contract shall be governed by Austrian procedural and substantive law, whereby the applicability of the rules of international private law (in particular the IPRG (Austrian Act on International Private Law) and the Convention on the Law Applicable to Contractual Obligations) and of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
15.3 In respect of transactions between Entrepreneurs the courts at the place of business of the Accommodation Provider shall have exclusive jurisdiction.
15.4 If the accommodation contract was concluded with a Contract Partner who is a Consumer the court at the Consumer’s place of residence having territorial and subject matter jurisdiction for actions brought against the Consumer shall have exclusive jurisdiction.
16.1 The Accommodation Provider shall have the right to offset its claims against claims of the Contract Partner. The Contract Partner, unless the Contract Partner is a Consumer, shall not have the right to offset its claims against claims of the Accommodation Provider, unless the latter is insolvent or the Contract Partner’s claim has been finally determined by the courts or acknowledged by the Accommodation Provider.
16.2 The present or future invalidity of any individual provisions in these GTC shall not affect the validity of the remaining provisions, and the parties undertake that in the place of the invalid provision they shall agree on a valid provision as closely as possible reflecting the (commercial) purpose and meaning of the invalid provision.