Terms and conditions - Vivea Hotel Bad Eisenkappel

II Conclusion of contract; -partner; -liability

1) The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing.

2) If the hotel demands a deposit or the full price of the stay in advance, the room booking is deemed to be subject to a condition precedent. If the customer does not pay the deposit or the price of the stay within the specified period, the contract shall not be concluded. Otherwise, however, room bookings are binding.

3) The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the accommodation contract.

4) By concluding an accommodation contract, the contractual partner only acquires the right to the customary use of the rented rooms, the facilities which are usually and without special conditions accessible to the guests for use, and to customary service.

5) The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.

6) The customer undertakes to inform the hotel immediately without being asked, but at the latest upon conclusion of the contract, that the use desired by him and/or the event planned by him in the hotel, whether due to its political, religious or other character, is likely to arouse public interest or adversely affect the interests of the hotel.

7) Newspaper adverts, other advertising measures and publications relating to the hotel generally require the written consent of the hotel.

8) If the customer violates this obligation to provide information in accordance with point 5 or if a publication is made without such consent in accordance with point 6, the hotel has the right to prohibit the use in the desired manner or to cancel the event.

III. service, room provision, handover and return

1) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services, provided that the customer fulfils his payment obligation.

2) The customer is only entitled to the provision of a room of the booked type, location and equipment category, but not to a specific room, unless this has been expressly agreed in individual cases.

3) Booked rooms are available to the customer from 2.00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.

4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards.

IV. Prices, payment, offsetting, statute of limitations

1) The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.

2) All prices are subject to a local tax of € 2.30 per person per night (charged on site).

3) The agreed prices include the respective statutory value added tax.

4) Hotel invoices without a due date are payable immediately without deduction.

5) Objections to telephone invoices can only be raised within one month of receipt.

6) The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. If a due invoice is not paid immediately, the hotel is entitled to cancel the accommodation contract with immediate effect.

7) The Contractual Partner must pay the outstanding amount by the time of departure at the latest.

8) In the event of late payment, the hotel is entitled to charge interest at a rate of 8% above the base rate p.a., or 5% p.a. for consumers. The hotel reserves the right to assert further claims for damages caused by default.

9) A set-off of the customer's liabilities against claims against the hotel is permitted in the event of the hotel's insolvency and for claims which are legally connected with the liability, which have been established by a court or which have been recognised by the hotel.

10) The limitation period for all claims of the customer is one year, for consumers the statutory period applies.

V. Withdrawal by the customer (cancellation)

1) In the case of online bookings or accommodation contracts concluded by means of distance selling, we exclude the right of cancellation within 14 days of conclusion of the contract. The agreed cancellation conditions associated with the rate shall apply.

2) Cancellation by the customer is only permitted if the following cancellation fees are paid:

Cancellation up to 7 days before arrival is free of charge. In the event of cancellation within 7 days, we reserve the right to charge the following cancellation fees:

- 6 days to 1 day before arrival: 25% of the total amount of the booked stay
- On the day of arrival: 80% of the total amount of the booked stay
- In case of no-show: 100% of the total amount of the booked stay

We reserve the right to reserve 25% of the price of the stay on your credit card as security (amount is reserved on the credit card but not yet debited).

3) Special cancellation conditions agreed in individual cases take precedence over these regulations.

VI Cancellation by the hotel

1) The hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose; the hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth running of the business without this being attributable to the hotel's sphere of control or organisation; there is a material breach of these General Terms and Conditions.

2) The hotel must inform the customer of the exercise of the right of cancellation without delay.

3) In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

VII Liability of the hotel

1) If the customer is an entrepreneur, the hotel's liability for slight negligence is excluded.

2) Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.

3) The hotel is not liable for valuables deposited in the room or in room safes. These are therefore not deemed to have been deposited within the meaning of § 970 ABGB. The customer is requested to contact reception regarding the storage of valuables in the hotel safe. Otherwise, the hotel shall be liable for items brought in by the customer in accordance with the statutory provisions. It is expressly stated that liability for valuables, money or securities is limited to a maximum amount of € 550.00 or otherwise a maximum of € 1,100.00. Liability claims expire if the customer does not report the damage to reception immediately after becoming aware of it (§ 970b ABGB).

4) Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

5) Messages, post and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.