GENERAL TERMS AND CONDITIONS OF BUSINESS
These General Terms and Conditions of Business apply for contracts for serviced apartments for accommodation purposes and for all other services and deliveries provided between the accommodation provider, HAS Home Apart Service GmbH, 8010 Graz, Leechgasse 29 (FN 500557 p), and the respective third party (guest). A contract is concluded solely at these terms and conditions.
II. CONCLUSION OF CONTRACT
1. The accommodation contract regarding the serviced apartments comes into force through the acceptance by the accommodation provider of a reservation made by the guest. The accommodation provider confirms the conclusion of the contract in writing with a reservation or booking confirmation. The guest receives from the accommodation provider a binding booking or reservation number and a QR code and PIN entitling him or her to access the accommodation.
2. There is no entitlement to a particular serviced apartment. The accommodation provider can provide the guest with appropriate replacement accommodation (of at least the same quality) if this can be reasonably expected of the guest. This is then the case if the deviation is minor and objectively justified. An objective justification is given in particular if the accommodation facilities have become unusable, guests who have already occupied the rooms extend their stay, there is an overbooking, or other important operational measures necessitate this step.
3. The partners to the contract are the accommodation provider and the guest. If the guest orders for a third party other than himself/herself and who will then de facto use the services, he/she is liable towards the accommodation provider for all obligations arising from the accommodation contract. In addition, the guest is liable for all damage to the serviced apartment, the furnishings and the generally accessible rooms that is culpably caused by himself/herself or by this third party; in this case, the guest is liable jointly and severally with the third party. The guest is also liable for all damage that results from a forwarding of the QR code and PIN to third parties.
4. For a valid reservation, a valid credit card must be provided by the guest at the time of booking or an alternative payment method offered by the accommodation provider on the electronic sales channels. The accommodation provider has the right to check the validity of this information immediately and to carry out pre-authorisation on the credit card indicated or the alternative payment method. On the day before arrival, the accommodation provider is entitled to then charge the credit card or the alternative payment method with a deposit in the amount of the remuneration for the entire duration of accommodation plus any ancillary services that have already been booked with the accommodation. With stays of longer than 3 months, the amount of the deposit on the day before arrival is restricted to the remuneration for 3 months; from the 3rd month onwards, however, the accommodation provider is entitled to charge a deposit in the amount of the remuneration for the accommodation duration of one month to the credit card or the alternative payment method, in each case for the next month. If it is not possible to charge the amount to the credit card at one of these points in time, the accommodation provider has the right to cancel the reservation made. This results in the expiry of the guest’s right to use the serviced apartment.
III. WITHDRAWAL FROM THE ACCOMMODATION CONTRACT TERMS AND CONDITIONS OF CANCELLATION
The guest is entitled to withdraw from the contract free of charge if such an entitlement has been agreed with him or her in writing. If no right of free-of-charge withdrawal has been agreed, the cancellation fees agreed accordingly are to be paid.
IV. START AND END OF THE ACCOMMODATION
1. Reserved serviced apartments are available to the guest from 3 pm onwards on the date of arrival and until 10 am on the date of departure. The guest has to carry out the check-in autonomously on the date of arrival at the registration terminal and to comply with the instructions there.
2. On the day of departure, the guest has to return the serviced apartment in a cleared and undamaged condition to the accommodation provider by 10 am at the latest. The guest has to treat the serviced apartment with due respect and care. Children under the age of 14 are to be supervised by an adult guest at all times for the duration of their stay.
3. If, contrary to contract, the guest does not return his or her serviced apartment by 10 am in a cleared condition, or if the apartment is returned in a damaged and unusable condition that makes accommodating other guests impossible, the guest owes, in the event of merely delayed handover until 1 pm, a flat-rate
compensation in the amount of 50% of the remuneration for one night for the serviced apartment, and after 1 pm a flat-rate compensation in the amount of 100% of the remuneration for one night for the serviced apartment plus the damage for any replacement procurement or for the duration of the non-usability.
4. In the case of an accommodation contract concluded for a particular period of time and if the guest departs early, the accommodation provider is entitled to demand the full remuneration agreed. However, the accommodation provider must deduct what it saves as the result of the non-use of the services that it offers or what it receives elsewhere through accommodating another guest in the serviced apartment. Such a saving only exists if the accommodation provider at the time when the serviced apartment ordered by the guest is not used is fully booked and the specific serviced apartment can be provided to other guests as a result of the cancellation. The burden of proof for the saving shall be borne by the guest.
5. In addition, the accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the guest
a) makes considerably disadvantageous use of the serviced apartment or as the result of his/her inconsiderate, objectionable or otherwise grossly inappropriate conduct towards the other guests, the owner, its employees or the third parties living in the accommodation establishment spoils the co-existence in the accommodation establishment, or commits a punishable act against property, morals or physical safety
b) has an infectious illness or an illness that goes beyond the duration of the accommodation, or otherwise requires nursing care
6. The contract with the accommodation provider ends with the death of the guest.
7. If the fulfilment of the contract becomes impossible due to an event that is to be assessed as force majeure (e.g. elemental events, strike, lockout, regulatory orders, etc.), the accommodation provider can terminate the accommodation contract at any time without giving a period of notice unless the contract is already deemed to be terminated pursuant to the law, or the accommodation provider is exempted from its accommodation obligation. Any claims to compensation etc. on the part of the guest are excluded.
V. EXTENSION TO THE ACCOMMODATION CONTRACT
1. The guest is not entitled to have his/her accommodation contract extended. If the contractual partner announces his/her request for an extension to his/her stay in a timely manner, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider has no obligation in this regard.
2. The opposite only applies if the guest on the day of departure cannot leave the accommodation establishment because as the result of unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) all options for departure are blocked or unusable; in this case, the accommodation contract will be automatically extended for the duration of the time when departure is impossible. In all cases, a reduction in the fee for this period is only possible if the contractual partner cannot use the entirety of the services offered by the accommodation provider as a result of extraordinary weather conditions. The accommodation provider is entitled to at least demand the remuneration that corresponds to the price usually charged.
1. The remuneration to be paid by the guest is the total gross remuneration and includes, unless otherwise specified in detail, all statutory taxes, fees and levies. All prices are in euros (€).
2. Services that go beyond this are to be ordered and paid separately by the guest. To meet its obligations and fulfil the additional services, it is explicitly permitted for the accommodation provider and its agents to enter the serviced apartment at any time.
VII. REPORTING OBLIGATION
1. The guest has to comply with his/her reporting obligation within the framework of the automation-assisted registration on the date of arrival at the check-in and to follow the instructions on the registration terminal.
2. The guest has to ensure that all other guests travelling in the same party who are in the serviced apartment between 10 pm and 7 am comply with their registration obligation within 3 hours. In all cases, the accommodation provider will charge a fee for these persons.
VIII. RIGHTS AND OBLIGATIONS OF THE ACCOMMODATION PROVIDER
1. If it is not possible to charge the respective amount to the credit card or the alternative method of payment at the time when the guest is already in the serviced apartment, the accommodation provider has the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) to the items brought in by the guest.
2. The accommodation provider is also entitled to this right of retention or lien to secure its receivable from the accommodation contract, in particular for other ancillary services of any kind used by the guest.
IX. CHANGES TO THE ACCOMMODATION FACILITIES
The guest is not permitted to make changes to the accommodation facilities or the serviced apartment under any circumstances.
X. LIABILITY OF THE ACCOMMODATION PROVIDER FOR DAMAGE TO ITEMS BROUGHT IN BY THE GUEST
1. Pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB), the accommodation provider is liable for the items brought in by the contractual partner or guest. The liability of the accommodation provider is only given if the items were handed over to the accommodation provider or persons authorised by the accommodation provider or were brought to a location instructed by the latter or intended for this purpose. If the accommodation provider does not manage to provide proof, the accommodation provider is liable for its own culpability or the culpability of its employees and of the persons entering and leaving the establishment. Pursuant to Section 970 Par. 1 of the Austrian Civil Code (ABGB), the maximum liability of the accommodation provider is limited to the amount defined in the federal law dated 16 November 1921 regarding the liability of accommodation proprietors and other entrepreneurs in the respectively valid version. If the guest does not comply with the request by the accommodation provider to deposit his/her items at a special place of storage immediately, the accommodation facility is exempted from any liability.
2. The maximum amount of any liability on the part of the accommodation provider is limited to the indemnity insurance total of the respective accommodation provider. Culpability on the part of the guest is to be taken into consideration.
3. The liability of the accommodation provider is excluded for slight negligence. If the guest or the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the guest bears the burden of proof for the existence of the culpability. Consequential damage or indirect damage as well as lost earnings will not be reimbursed under any circumstances.
4. The accommodation provider is only liable for valuables, money and securities up to the amount of EUR 550.00. The accommodation provider is only liable for damage that goes beyond this in the event that it has accepted these items for storage in knowledge of their quality or in the event that the damage has been culpably caused by the accommodation provider itself or by one of its employees. The limitations in liability of this contract apply accordingly.
5. In each case of storage that is accepted, liability is excluded if the guest does not notify the accommodation provider of the damage that has incurred immediately after he/she has become aware of it. In addition, these claims are to be filed in court within three years from when they become known or could have become known by the contractual partner or guest; otherwise, the right expires.
XI. USING THE WIRELESS LAN
The proprietor assumes no liability that the data connection will be free of interruptions or that a certain data transmission rate will be available. Please note that logging onto the WLAN can be difficult from time to time, or even temporarily impossible, for reasons beyond the proprietor’s control.
The proprietor assumes no obligations by providing the WLAN. The use of the WLAN depends on technical feasibility. In particular, guests have no right to use the WLAN in a certain manner or for a certain period.
The proprietor assumes no liability for damage compensation (except in cases of intentional misconduct or bodily injury), especially in connection with the content of retrieved websites or downloaded data. Furthermore, no liability will be assumed for any virus attack due to use of the WLAN. The guest expressly acknowledges that the WLAN only enables access to the internet, but contains no virus protection or firewall, and that data transmission is unencrypted.
Retrieving sites with illicit content and disseminating illegal or legally protected content is forbidden. If for any reason third parties assert claims against the proprietor due to the guest’s use of the WLAN, the guest must indemnify and hold harmless the proprietor in this regard.
XII. LIMITATIONS OF LIABILITY
1. If the guest is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
2. If the contractual partner or the guest is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of the culpability. Consequential damage, immaterial damage or indirect damage as well as lost earnings will not be reimbursed. At any rate, the limit of the damage to be compensated is the amount of the interest that the injured party had in the existence of the contract.
XIV. BAN ON COMPENSATION
The guest waives offsetting against receivables of the accommodation provider arising from this contract. If the guest is a consumer, this does not apply for the event of the accommodation provider being unable to pay or for counterclaims that are legally associated with the liability of the consumer, that have been established in a court of law or that have been recognised by the accommodation provider.
XV. PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND CHOICE OF LAW
1. The place of performance is the place at which the accommodation establishment is located.
2. This contract is subject to Austrian formal and material law under the exclusion of the rules of international private law (in particular the Private International Law Act [IPRG] and the law applicable to contractual obligations [EVÜ]) and the UN Convention on Contracts for the International Sale of Goods (CISG).
3. The sole place of jurisdiction in the bilateral entrepreneur transaction is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to file its claims at any other geographically and materially responsible court.
4. If the accommodation contract has been concluded with a guest and/or contractual partner who is a consumer and has his/her place of residence or usual domicile in Austria, petitions can only be filed against the consumer at the place of residence, at the usual domicile or at the place of employment of the consumer.
5. If the accommodation contract has been concluded with a contractual partner and/or guest who is a consumer and has his/her place of residence in a Member State of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, solely the court that is geographically and materially responsible for the place of residence of the consumer for petitions against the consumer is responsible.