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Terms and Conditions

I. Area of application

 

  1. These terms of business are valid for hotel admission contracts as well as all other achievements produced for the guest and deliveries of the hotel.
  2. Divergent regulations, also so far they are included in general terms of business of the guest or the customer, find no use, unless, they are recognised by the hotel expressly in writing.

 

II. Completion of the contract

 

  1. On a reservation inquiry of the guest a hotel admission contract (in the following briefly “contract”) comes about there with suitable confirmation of the hotel.
  2. Contracting partners are the hotel and the guest. If a third carries out the reservation for the guest, he sticks compared with the hotel as a customer together with the guest as a joint debtor for all obligations from the contract, provided that a suitable explanation of the customer is given to the hotel. Of it every customer is obliged independently to pass on all information relevant for reservation, in particular these general terms of business, to the guest.
  3. The unterrenting and wide renting of the überlassenen rooms as well as their use to others than the accomodation to serving purposes, need the previous written approval of the hotel.

 

III. Achievements, prices, payment

 

  1. The hotel is obliged to hold ready the rooms booked by the guest in accordance with these general terms of business and to produce the agreed achievements.
  2. The guest is obliged to pay for the room surrender and the other achievements taken up by him to valid or agreed prices of the hotel. This is also valid for from the guest or from the customer arranged achievements and displays of the hotel towards third.
  3. The agreed prices enclose the respective legal value added tax.
  4. The prices can be changed by the hotel when the guest wishes afterwards changes of the number of the booked rooms, the achievement of the hotel or the duration of stay of the guests, and the hotel agrees to him.
  5. Calculations of the hotel are payable immediately after access without deduction. The guest is behind at the latest if he does not make payment within 30 days after maturity and access of a calculation; this is valid towards a guest, the consumer is, only if has particularly been pointed out to these results in the calculation. With default the hotel is entitled to calculate interests on arrears at the rate of 5% about the base interest rate sentence towards consumers. In the business dealings the delay interest rate amounts to 8% about the base interest rate sentence. The assertion of a higher damage is left to the hotel. For every reminder after delay entry the hotel can raise a Mahngebühr of 5. 00€.
  6. The hotel is entitled to ask with contract end or afterwards an adequate pre-payment or security. The height of the pre-payment and their maturity can be agreed in the contract in writing. The hotel is entitled further to put accumulated demands by granting of an intercalculation any time during the stay of the guest at the hotel due and to require immediate payment.
  7. The guest can charge only with an indisputable or legally ascertained demand towards a demand of the hotel or diminish.

 

IV. Resignation of the guest, cancellation

 

  • To 1 month before journey free of charge cancelable
  • Up to 14 working days before journey – 40% of the whole price
  • Up to 7 working days before journey – 70% of the whole price
  • With untimely departure or No show we settle the total

The hotel puts away an anytime right to rescind for the guest. Besides, are valid the following regulations:

In case of the resignation of a guest of the reservation the hotel is entitled to adequate compensation. Should what interfere to your vacation with us, we ask you for earliest-possible communication. We reserve ourselves the following cancelation terms: We recommend you the end of a travel resignation assurance about the European travel assurance.

 

Provided that the hotel calculates the compensation specifically, the height of the compensation amounts max. to the height of the by contract agreed price of the achievement to be produced by the hotel under deduction of the value of the expenditures saved by the hotel as well as that what acquires the hotel by other uses of the hotel achievements.

 

The preceding regulations about the compensation are valid accordingly, if to inform on time of the booked room or of the booked achievements without this the guest, does not take up.

 

If the hotel has put away an option for the guest in the contract to withdraw within a certain term without other legal results from the contract, the hotel has no right to compensation. Decisively for the Rechtzeitigkeit of the resignation explanation their access is at the hotel. The guest must explain the resignation in writing.

 

 

 

V. Resignation of the hotel

 

  1. Provided that a free right to rescind was put away for the guest after figure IV Abs. 2, the hotel is also entitled to withdraw within the agreed term from the contract if inquiries of other guests are given after the booked rooms and finally the guest on further inquiry of the hotel does not confirm the reservation.
  2. If one is not performed according to figure III paragraphs 6 agreed pre-payment or security within a time limit set for this, the hotel is also entitled to the resignation of the contract.
  3. Further the hotel is entitled to withdraw for important reason from the contract, in particular if
  4. Rooms under delusive or false statement of essential facts, e. g. , with regard to the person of the guest or the purpose, are booked;
  5. the hotel founded occasion for the acceptance has that the claim of the hotel achievement can endanger the free from problems business concern, the security or the respect of the hotel in public, without this is to be added to the territory or organisation area of the hotel;
  6. an unauthorized unterrenting or wide renting according to figure II paragraphs 3 is given;
  7. a case of the figure VI paragraphs 3 is given;
  8. the hotel from circumstances knowledge attains that the property relations of the guest have substantially got worse after contract end, in particular if the guest does not compensate due demands of the hotel or offers no sufficient security and, therefore, payment claims of the hotel seem threatened;
  9. the guest about his property an application for opening of the insolvency procedure put, an assurance in lieu of an oath after §47 EO (execution order; law about the execution and protection procedure) has delivered, an extrajudicial one of the debt regulation serving procedure has initiated or has stopped his payments;
  10. The hotel has to inform the guest of the exercise of his right to rescind immediately in writing.
  11. In the precalled cases of the resignation originates no claim of the guest on compensation.

 

VI. Journey and departure

 

  1. The guest acquires no claim to the supply of certain rooms, unless, the hotel has confirmed the supply of certain rooms in writing.
  2. Booked rooms stand off to the guest 15:00 o’clock of the agreed journey day at the possession. The guest has no right to former supply.
  3. Booked rooms are to be taken up by the guest at the latest 18:00 o’clock of the agreed journey day.
  4. Provided that expressly a later arrival time was not agreed, the hotel has the right to award otherwise booked rooms after 18. 00 o’clock, without the guest can derive out of this claims for damages. A right to rescind is entitled in this respect to the hotel.
  5. On the agreed departure day the rooms are to be made available to the hotel at the latest at 12. 00 o’clock removed. Then the hotel after the damage originating to him thereby for the additional use of the room till 18. 00 o’clock can charge for the day room price, from 18. 00 o’clock 100% of the full valid accommodation price. It stays empty to the guest to prove to the hotel that to this nobody or a substantially lower damage has originated.

 

VII. Liability of the hotel, limitation

 

  1. The hotel sticks according to the legal regulations for all damages from the injury of life, body and health.
  2. With other damages the hotel sticks only if the damages are based on a deliberate or roughly careless duty injury of the hotel, his legal representatives or leading employees.
  3. The preceding restriction of liability is valid for all compensation claims regardless of their legal argument including from claims from unauthorised action. The preceding restriction of liability is also valid in cases of any compensation claims of a guest against employees or fulfilment assistants of the hotel. She is not valid in the cases of a liability for a lack after takeover of a guarantee for the state of a thing or a work, with cunningly hidden mistakes or for personal damages.
  4. The hotel to the guest sticks for introduced things according to the legal regulations, i. e. up to a limit of 1,100. 00€, provided that he does not prove that the damage is to blame neither by the hotel nor by an employee, was still caused by foreign people detailed and outgoing in the house. Under these circumstances the hotel sticks for valuables, money and securities up to a limit of 550. 00€, unless it has taken these things in knowledge of her state in preservation or that the damage was to blame by the hotel or his employees. The liability claims go out if the guest immediately to Erlangen of the knowledge of the loss, the destruction or damage does not refund for the hotel announcement. Nevertheless, this is not valid if the things were taken over from the hotel particularly to the preservation in the hotel safe.
  5. As far as a parking lot is made available to the guest in the hotel garage or on a hotel parking bay, also against remuneration, the hotel to the guest sticks according to the legal regulations and the legally intended limits. In this case the damage must be asserted at the latest with the abandonment of the hotel property compared with the hotel.
  6. Wake-up missions are explained by the hotel with the biggest care. Compensation claims, except because of coarse carelessness or intention, are excluded.
  7. News, post and consignments of goods for guests is treated with care. The hotel takes over the delivery, safekeeping and – if requested – against remuneration the postbroadcasting of the same as well as on inquiry also for lost properties. Compensation claims, except because of coarse carelessness or intention, are excluded. The hotel is entitled to hand over the precalled things to the local lost property office after at the latest one-month period for safekeeping under calculation of an adequate fee.
  8. Compensation claims of the guest come under the statute of limitations in 3 years from knowledge of the injured person of damage and the person of the Schädigers. This is not valid for the liability of damages from the injury of the life, body or the health as well as for other damages which are based on a deliberate and roughly careless duty injury of the hotel, a legal representative or fulfilment assistant of the hotel.

 

VIII. Terms of utilisation WLAN access

 

  1. The user undertakes to omit from every use which endangers the public order and security or the morality or offends against laws and other Internet users bothered or scrared.
  2. The user undertakes in particular not to use this Internet access for File-Sharing programmes. Moreover, he undertakes the range to be of use not excessively, because this Internet access with other users is divided. To the user all risks of the Internet are known and he is responsible alone for his protection (e. g. , topical anti-virus programme, non-starting of suspicious programmes, files etc. ).
  3. The nightmare house Hotels & Resorts with the single Resorts assumes no liability for mistake, disturbances or damages which originate from the use of the Internet or from configuration changes of the terminal by the user. The hotel takes over no guarantee for the fact that the offered services are accessible without interruption and that the desired connections can be always produced.
  4. The substitute of damages of every kind including secondary damages of third and damages from claims of third is excluded, in any case, as far as legally allowed.
  5. By use of the WLAN access the user automatically agrees with the terms of utilisation.

 

 

IX. Final regulations

 

  1. Changes or supplements of the contract or the application acceptance need the approval of the contracting partner and need to her validity of the written form.
  2. Place of fulfilment and place of payment is the seat of the hotel.
  3. For all disputes from the contract this is agreed for the seat of the hotel essentially and locally responsible court, unless, the guest has an occupation place situated by the home or residence as a consumer; in this case that place which was announced by the guest in the registration is agreed as a legal venue; or the guest has as a consumer only one home occupation place; in this case this is agreed as a legal venue.
  4. It is worth the right of the Republic of Austria.
  5. Should single regulations of these general terms of business be ineffective or trifling for the hotel admission or become, the effectiveness of the remaining regulations is not thereby touched. , For the rest, are valid the legal regulations.
  6. The regulations of the Austrian hotel regulation are valid it: www. hotelverband. at

 

State: August, 2017