Terms of Service
I. Field of application
1. Following terms apply for all hotel contracts and services provided for guests.
2. Deviating provisions, also insofar as they are contained in the General Terms and Conditions of the Guest or the Orderer, shall not apply, unless they are expressly acknowledged by the Hotel in writing.
II. Conclusion of contracts
1. Upon a booking request from the guest, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded with the corresponding booking confirmation from the hotel.
2.Contract partners are the hotel and the guest. If a third party makes the booking for the guest, he/she shall be liable to the hotel as the customer together with the guest as the joint and several debtor for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the customer. Regardless of this, each customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest.
3. The subletting and re-letting of the rooms provided as well as their use for non-accommodation purposes requires the prior written consent of the hotel.
III. Services, prices, payment
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.
2. The guest is obliged to pay the applicable or agreed prices of the hotel for the room and the other services used by him. This also applies to services and expenses of the hotel vis-à-vis third parties initiated by the guest or the customer.
3. The agreed prices include the respective statutory VAT.
4.Prices may be changed by the hotel if the guest subsequently wishes to change the number of rooms booked, the hotel’s services or the length of stay of the guests, and the hotel agrees to this.
5. Hotel bills are payable immediately upon arrival without deduction. The guest shall be in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice; this shall apply to a guest who is a consumer only if these consequences have been specifically pointed out in the invoice. In the event of late payment, the hotel is entitled to charge consumers default interest of 5% above the base rate. In commercial transactions, the default interest rate is 8% above the base rate. The hotel reserves the right to claim higher damages. For each reminder after default, the hotel may charge a reminder fee of € 5.00.
6. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. The Hotel is also entitled to issue an interim invoice and to demand immediate payment for debts accrued during the guest’s stay at the Hotel at any time.
7. The guest may only offset or reduce an undisputed or legally established claim against a claim of the hotel.
IV. Withdrawal of the guest, cancellation
1. The hotel grants the guest a right of withdrawal at any time. The following provisions shall apply:
2.In the event of a guest’s cancellation of the booking, the hotel is entitled to appropriate compensation.
3. Should something come in between your stay with us, we ask you to let us know as soon as possible.
We reserve the following cancellation conditions:
- free cancellation up until 7 days prior the day of arrival
- within 7 days prior to the day of arrival – 100% of the total
We recommend that you conclude a travel cancellation insurance through Europäische Reiseversicherung.
If the hotel specifically calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the Hotel, minus the value of the expenses saved by the Hotel and what the Hotel earns by other uses of the Hotel’s services.
1. The above regulations on compensation shall apply if the guest does not use the booked room or services without notifying them in time.
2. If the Hotel has given the guest an option in the contract to withdraw from the contract within a specified period of time without further legal consequences, the Hotel is not entitled to compensation. The timely receipt of the declaration of withdrawal is decisive for its receipt at the hotel. The guest must declare the cancellation in writing.
V. Resignation of the hotel
1. Provided the guest has been granted a free right of withdrawal in accordance with Section IV Section 2, the hotel is also entitled to withdraw from the contract within the agreed period if other guests have requests for the booked rooms and if the guest does not confirm the booking definitively at the request of the hotel.
2. If an application is made in accordance with point III para. 6 if the agreed advance payment or security has not been made within a specified period, the hotel is also entitled to withdraw from the contract.
3. Further, the hotel is entitled to withdraw from the contract for important reasons, in particular if:
4. rooms are booked under misleading or false indication of essential facts, e.g. concerning the person of the guest or the purpose;
5. the hotel has reasonable grounds for believing that the use of the hotel’s services may endanger the smooth running of business, the safety or the public image of the hotel, without being attributable to the hotel’s sphere of control or organisation;
6. an unauthorised sublease or re-letting pursuant to Section II para. 3 available;
7. a case of point VI para. 3 available;
8. the Hotel becomes aware of circumstances that the Guest’s financial situation has deteriorated significantly after the conclusion of the contract, in particular if the Guest does not settle due claims of the Hotel or does not provide sufficient security and therefore the Hotel’s payment claims appear to be at risk;
9. the guest has filed an application for the opening of insolvency proceedings, submitted an affidavit in accordance with § 47 EO (Execution Ordinance; Law on Enforcement and Security Proceedings), initiated out-of-court proceedings for debt settlement or suspended payments;
10. The Hotel shall immediately inform the guest in writing of the exercise of his right of withdrawal.
11. In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation.
VI. Arrival and departure
1. The guest does not acquire the right to the provision of certain rooms, unless the hotel has confirmed the provision of certain rooms in writing.
2. Booked rooms are available from 14:00 on the agreed day of arrival. The guest is not entitled to prior provision.
3. Booked rooms must be used by the guest no later than 6:00 p.m. on the agreed day of arrival.
4.Unless a later arrival time has been expressly agreed, the hotel has the right to reallocate booked rooms after 18:00 without the guest being able to derive any claims for compensation. The hotel is entitled to a right of withdrawal.
5.On the agreed day of departure, the rooms must be made available to the hotel vacated by 11:00 at the latest. Afterwards, the hotel may charge the daily room rate for the additional use of the room until 6:00 p.m. and from 6:00 p.m. 100% of the full valid accommodation rate. The guest is free to prove to the hotel that no damage or a much lower damage has been incurred.
VII. Liability of the hotel, lapse of time
1. The hotel is liable according to the legal provisions for all damages resulting from injury to life, body and health.
2. For other damages, the Hotel is only liable if the damages are due to a deliberate or grossly negligent breach of duty by the Hotel, its legal representatives or senior employees.
3. The above limitation of liability applies to all claims for damages regardless of their legal grounds, including claims arising from tort. The above limitation of liability also applies in cases of possible claims for damages by a guest against employees or vicarious agents of the hotel. It does not apply in cases of liability for a defect after assuming a guarantee for the quality of an item or a work, for fraudulently concealed errors or for personal injury.
4. The Hotel is liable to the guest in accordance with the statutory provisions, i.e. up to a maximum amount of € 1,100.00 unless the guest proves that the damage was not caused by the Hotel or an employee, or by external persons entering and leaving the hotel. In such circumstances, the Hotel shall be liable for treasures, money and securities up to a maximum of € 550.00, unless it has taken them into custody with knowledge of their nature or the damage was caused by the Hotel or its employees. Liability claims shall expire if the guest does not report the loss, destruction or damage to the hotel immediately after becoming aware of the loss. However, this does not apply if the items have been taken in the hotel safe.
5. If the guest is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, the hotel is liable to the guest in accordance with the statutory provisions and the maximum amounts provided for by law. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
6. Wake-up calls are carried out by the hotel with carefullness. Claims for damages, except due to gross negligence or intent, are excluded.
7. Messages, mail and merchandise for guests are handled with care. The hotel takes care of the delivery, storage and – upon request – the forwarding of the same for a fee, as well as for lost property upon request. Claims for damages, except due to gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a period of no more than one month at a reasonable fee.
8. Claims for damages of the guest expire 3 years from the knowledge of the injured party of the damage and the person of the damage. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages based on a deliberate and grossly negligent breach of duty by the Hotel, a legal representative or vicarious agents of the Hotel.
VIII. cancellation right
Vouchers that do not correspond to your idea can be returned to us within 14 days of sending them, without giving reasons. It is necessary that the written declaration of withdrawal is received by K&K ZeitWert GmbH within 14 days. However, the right of withdrawal does not exist if the use of the service has already started within the withdrawal period. This right of return applies only to customers who are to be qualified as consumers.
IX. closing provisions
1.Changes or additions to the contract or the acceptance of the application require the agreement of the contracting party and require the written form for their validity.
2. Place of performance and payment is the seat of the hotel.
3. For all disputes arising from the contract, the competent court for the place of business of the hotel shall be agreed, unless the customer has a place of employment or residence in the country, in which case the place of jurisdiction shall be the place indicated by the customer in the registration; or the customer has only a place of employment in the country, in which case the place of jurisdiction shall be deemed to be the place of business of the customer. Place of jurisdiction agreed.
4. The law of the Republic of Austria shall apply.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. For the rest, the statutory provisions apply.
6. The provisions of the Austrian Hotel Regulations apply: www.hotelverband.at