General Terms and Conditions
§ 1 Definitions
1. "Apartment/Vacation rental" is the rental property in the apartment building "Schlossalm Apartment," owned by Ulrike and Rudolf Seer, located at Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein.
2. "Landlord" refers to Ulrike and Rudolf Seer at Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein, who accommodates guests for a fee.
3. "Guest" is a natural person who avails themselves of accommodation. The guest is typically also the contracting party. Individuals accompanying the contracting party, such as family members or friends, are considered guests as well.
4. "Contracting party" is a natural or legal person from within or outside the country who enters into an accommodation contract as a guest or on behalf of a guest.
5. "Accommodation contract" is the contract concluded between the landlord and the contracting party, the details of which are further regulated below.
§ 2 Scope
1. These General Terms and Conditions apply to contracts for the rental of "Schlossalm Apartment" apartments, for accommodation, and all other services and deliveries provided to the guest by the landlord Ulrike and Rudolf Seer. The services of the landlords are exclusively based on these General Terms and Conditions.
2. Subletting or further rental of the provided vacation rental and its use for purposes other than residential require prior written consent from the landlord.
3. The guest's terms and conditions apply only if they have been agreed upon in writing beforehand. Deviations from these conditions are only effective if the landlord has expressly confirmed them in writing.
§ 3 Contracting Parties
1. The contracting parties are Ulrike and Rudolf Seer, hereinafter referred to as the landlord, and the guest as the tenant. If a third party makes the booking on behalf of the guest, they are jointly and severally liable with the guest to the landlord for all obligations arising from the contract. In case of doubt, the party making the booking is liable, even if they have booked or co-booked for other specifically named persons. Regardless, every party making the booking is obligated to forward all booking-relevant information, especially these General Terms and Conditions, to the guest.
2. Individuals availing themselves of accommodation are guests within the meaning of the contractual conditions.
§ 4 Conclusion of Contract, Down Payment
1. The accommodation contract is usually concluded when the landlord accepts the written order from the guest or booking through the "Smoobu Booking Portal."
2. Upon booking, the guest must make a down payment within 5 days in the amount specified on the "Smoobu Booking Portal." After receiving the down payment, the guest will receive a booking confirmation via email.
3. The landlord may also demand prepayment of the entire agreed-upon fee.
§ 5 Commencement, Extension, and Termination of Accommodation
1. The guest has the right to occupy the rented premises from 3:00 PM on the agreed-upon day. The guest has no entitlement to earlier availability. If it is possible to occupy the apartment/vacation rental earlier, this can be arranged through prior agreement.
2. Booked rooms must be occupied by the guest by 8:00 PM on the agreed-upon arrival day. If an arrival after 8:00 PM is the only option, please inform us briefly. A later arrival is generally not a problem.
3. An extension of the stay by the guest requires the written approval of the landlord.
4. On the agreed departure day, the vacation rental must be vacated and made available to the landlord by 10:00 AM at the latest. A later departure is only possible with the explicit consent of the landlord and may incur charges of up to 200% of the daily rate.
5. If the accommodation contract is agreed upon for a specific period, it ends with the expiration of that period. If the guest departs prematurely, the landlord is entitled to demand the full agreed-upon fee.
6. The landlord is entitled to terminate the accommodation contract with immediate effect if the guest:
a. Makes significantly disadvantageous use of the premises or, through their reckless, offensive, or otherwise grossly improper behavior, makes cohabitation unpleasant for other residents or commits a criminal offense against property, morality, or physical safety towards the landlord and their staff;
b. Contracts an infectious or long-term illness that exceeds the duration of the accommodation;
c. Fails to pay the presented invoice within a reasonable set period upon request.
7. If the fulfillment of the contract becomes impossible due to an event considered force majeure, the contract is dissolved.
§ 6 Cancellation of the Accommodation Contract
1. withdrawal of the guest, cancellation In the event that a guest withdraws from the booking, the landlord is entitled to reasonable compensation:
a. In the event of cancellation more than 60 days before arrival, the deposit already paid will be refunded.
b. In the event of cancellation 60 days or more before arrival or in the event of no-show, we will charge 100% of the total rental amount
c. In the event of cancellation of the booking, the landlord has the option of charging the guest a cancellation fee instead of a specifically calculated compensation.
d. In the event of cancellation or early departure of a guest, the landlord is entitled to 100% of the total rental amount. Translated with www.DeepL.com/Translator (free version)
1. Guest's Cancellation, Termination.
§ 7 Services, Prices, and Payment
1. The guest is obligated to pay the prices applicable or agreed upon by the landlord for room occupancy and other services used by the guest. This also applies to services and expenses incurred by the landlord at the request of the guest or the party making the booking.
2. Prices may be changed by the landlord if the guest subsequently requests changes to the landlord's services or the duration of the guests' stay, and the landlord agrees.
3. Invoices from the landlord are payable immediately upon receipt without deduction. In the case of payment default, the landlord is entitled to charge default interest. The landlord may impose a reminder fee for each reminder issued after the occurrence of default.
4. The landlord is entitled to request a reasonable advance payment or security deposit at the time of contract conclusion or thereafter. The amount and due date of the advance payment can be agreed upon in writing in the contract.
5. The guest is obliged to pay the prices applicable or agreed upon by the landlord for room occupancy and other services used by the guest.
6. The remaining payment of the total rental amount can be made either in advance by bank transfer to the account specified in the invoice or in cash upon arrival.
§ 8 Liability of the Landlord, Limitation
1. In the event of disruptions or defects in the landlord's services, the landlord will, upon immediate complaint by the customer, endeavor to remedy the situation. If the guest negligently fails to report a defect to the landlord, there is no entitlement to a reduction in the contractually agreed-upon fee.
2. The landlord is liable according to statutory provisions for all damages resulting from the violation of life, body, and health.
3. The landlord is liable for damages caused by slight negligence only if they are attributable to the violation of a material contractual obligation or a cardinal duty in a way that endangers the purpose of the contract. In these cases, liability is limited to foreseeable, contract-typical damages.
4. For other damages, the liability of the accommodation provider is further limited to a maximum of EUR 1,000.00 per damage event for property damages and a maximum of EUR 500.00 for financial damages related to and in connection with the contractual services. The liability limitations and exclusions do not apply if the other damages result from intentional or grossly negligent breaches of duty by the landlord, its legal representatives, or executive employees.
5. The above liability limitations apply to all damage claims regardless of their legal basis, including claims arising from tort. The liability limitations also apply in cases of any damage claims by a guest against employees or agents of the landlord. They do not apply in cases of liability for a defect after assuming a guarantee for the quality of a thing or work, in the case of fraudulently concealed defects, or in cases of personal injury.
6. The landlord is liable for items brought into the premises by the guest according to statutory provisions, but at most up to EUR 500.00. For valuables (cash, jewelry, etc.), this liability is limited to EUR 100.00. The liability claims expire if the guest does not report the loss, destruction, or damage to the landlord immediately upon gaining knowledge.
7. If a parking space is provided to the guest, no custody agreement is formed. The landlord has no obligation to supervise. The landlord is not liable for loss or damage to motor vehicles and their contents parked or maneuvered on the landlord's property unless the landlord, its legal representatives, or its agents are guilty of intent or gross negligence. In such cases, the damage must be claimed from the landlord at the latest upon leaving the property.
8. Claims for damages by the guest expire no later than one year from the time the guest becomes aware of the damage or, regardless of this knowledge, no later than two years from the time of the damaging event. This does not apply to liability for damages arising from the violation of life, body, or health and for other damages resulting from intentional and grossly negligent breaches of duty by the landlord, its legal representatives, or agents of the landlord.
§ 9 Guest's Rights
1. By entering into an accommodation contract, the guest acquires the right to the usual use of the rented premises, the facilities of the accommodation establishment that are usually and without special conditions accessible to guests, and the usual service.
2. The guest has the right to occupy the rented premises from 3:00 PM on the agreed-upon day.
§ 10 Guest's Obligations
1. Upon arrival at the accommodation or in advance by bank transfer, the agreed-upon fee must be paid. The landlord is not obligated to accept non-cash payment methods such as checks, credit cards, vouchers, etc.
2. Prior consent from the landlord is required for the operation of electrical devices brought by guests that do not belong to the usual travel necessities.
3. The guest is liable for the damage caused, according to the provisions of the law of damages. Therefore, the guest is responsible for any damage and disadvantage suffered by the landlord or third parties due to their fault or the fault of their companions or other persons for whom they are responsible, even if the injured party is entitled to claim damages directly from the landlord.
§ 11 Landlord's Rights
1. If the guest refuses to pay the agreed-upon fee or is in arrears, the landlord has the right to retain the items brought in by the guest to secure their claim for accommodation and meals, as well as their expenses for the guest (legal right of retention).
2. To secure the agreed-upon fee, the landlord has a lien on the items brought in by the guest (legal lien of the landlord)
§ 12 Liability of the landlord for damages
The landlord is liable for damages suffered by a guest if the damage occurred in the course of the business and if he or his employees are at fault.
§ 13 Pet Ownership
1. Animals may only be brought into the accommodation facility with prior approval and possibly for a special fee.
2. The guest is liable for the damage caused by accompanying animals in accordance with the legal provisions applicable to the animal owner.
§ 14 Conditions for the Use of Wi-Fi Internet Access
1. Access is granted by entering a code, which is provided exclusively to guests of the property.
2. The use is free of charge and is limited to the duration of the accommodation. The landlord does not guarantee the actual availability of internet access. The code must not be disclosed to third parties, and it expires after a certain period, details of which can be obtained from the landlord.
3. The landlord assumes no obligations by providing the code. Usage is subject to technical possibilities, and the user has no right to use the Internet Guest-LAN in any specific manner or for a specific duration.
4. All liabilities, especially for warranty and damages (except for intent and bodily harm), are hereby excluded. No liability is assumed for the content of accessed websites or downloaded files. Furthermore, no liability is accepted for potential virus infections resulting from the use of the Internet Guest-LAN. The user expressly acknowledges that the Internet Guest-LAN only provides access to the internet and does not include virus protection or a firewall.
5. Accessing pages with unlawful content and the distribution of illegal or legally protected content is prohibited.
6. Specifically prohibited for the user is the use of the Internet Guest-LAN for downloading or distributing copyrighted content in any form.
7. Any misuse of the Internet Guest-LAN, especially any use that may have adverse legal consequences for third parties or the landlord, is prohibited.
8. In case the landlord is exposed to third-party claims due to the user's use of the Internet Guest-LAN, the user is obligated to indemnify and hold the landlord harmless. 9. The use of the Internet Guest-LAN can be blocked at any time without stating reasons if the terms of use are violated or if there is suspicion of a violation. Liability for data loss is expressly excluded.
§ 15 Final Provisions
1. Changes or additions to the contract, the acceptance of an application, or these rental terms must be made in writing. Unilateral changes or additions by the customer are ineffective.
2. The place of fulfillment and payment is the landlord's place of business.
3. For all disputes arising from the accommodation contract, the court that is locally and materially competent for the accommodation business is agreed upon.
4. The exclusive place of jurisdiction, also for check and bill disputes in commercial transactions, is the landlord's place of business. However, the landlord is entitled to file lawsuits and other legal proceedings at the guest's general place of jurisdiction. Deviating provisions, even if included in the guest's or orderer's general terms and conditions, shall not apply unless expressly acknowledged in writing by the landlord.
5. Austrian law applies.
6. Should individual provisions of these general rental terms be or become invalid or void, this shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.
Ulrike and Rudolf Seer, Martin-Lodinger-Strasse 12, 5630 Bad Hofgastein, Tel.: 0043 6432 3038, Fax: 0043 6432 85152 E-Mail: schlossalm@sbg.at
