General Terms and Conditions. Falkensteiner Hotels & Residences. I. Area of application. Conclusion of contract; contractual partners; liability

Transcription

1 General Terms and Conditions Falkensteiner Hotels & Residences I. Area of application... 1 II. Conclusion of contract; contractual partners; liability... 1 III. Services, provision of rooms, occupying and vacating rooms... 2 IV. Prices, payment, offsetting, statutory limitation... 2 V. Price adjustment... 2 VI. Withdrawal by the Customer (cancellation, rescission)... 3 VII. Withdrawal by the Hotel... 3 VIII. Hotel liability... 4 IX. Final provisions... 5 I. Area of application 1. These General Terms and Conditions apply to all services agreed with the respective operating companies (Hotels) belonging to Falkensteiner Hotels & Residences. 2. These General Terms and Conditions apply in particular to contracts relating to the rental of hotel rooms for accommodation, and to all other services and goods provided to the Customer by the Hotel. 3. These are the exclusive Terms and Conditions of the contract. The General Terms and Conditions of the Customer shall not apply. II. Conclusion of contract; contractual partners; liability 1. The contract shall come into effect when the Hotel accepts the Customer s reservation. The Hotel shall be at liberty to confirm the room reservation in writing and/or to conclude the contract on the condition that the contractual partner makes a down payment or pays the applicable fee in advance. 2. The contractual partners are the Hotel and the Customer. If an Agent has made the reservation on behalf of the Customer, the Agent shall be a joint debtor with the Customer in respect of all obligations arising from the accommodation contract. 3. The conclusion of an accommodation contract shall entitle the contractual partner solely to standard use of the rented rooms, the facilities that are usually accessible to guests without any special terms and conditions, and to the hotel s standard services. 4. Any subletting or re-letting of the rented rooms, or use for any purpose other than accommodation, requires the prior written consent of the Hotel. 5. The Customer shall undertake to inform the Hotel without delay and without being requested to do so, but by no later than the time at which the contract is concluded, if the required use and/or the planned event to be held in the Hotel will arouse public interest or have an adverse impact on the Hotel due to its political, religious or other nature. 6. Any newspaper advertisements, promotional activities or publications which contain a reference to the Hotel require the written consent of the Hotel. October 2015 FMTG Services GmbH, A-1100 Wien, Columbusplatz 7-8, ATU ; 1

2 7. If the Customer breaches the duty to provide information in accordance with Paragraph 5, or if publication occurs without the consent as outlined in Paragraph 6, the Hotel shall be entitled to prohibit the use of the material or to cancel the event. III. Service, provision of rooms, occupying and vacating rooms 1. The Hotel shall be obliged to make the reserved rooms available to the Customer and to render the agreed services, provided that the Customer fulfils his/her payment obligation. 2. The Customer acquires no right to the provision of certain specific rooms. 3. Reserved rooms shall be available to the Customer from 15:00 on the agreed arrival date. The Customer shall not be entitled to occupy the room any earlier. 4. Rooms shall be vacated by 11:00 at the latest on the agreed departure date. After this time, the Hotel shall be entitled to charge a fee to cover any incurred loss. The fee is 50% of the full accommodation rate (list price) until 18:00, and 100% of the rate after 18:00. The Customer is at liberty to demonstrate to the Hotel that it has incurred no loss or much lower losses. IV. Prices, payment, offsetting, statutory limitation 1. The Customer shall be obliged to pay the applicable or agreed Hotel price for the rooms provided and any other services used. This shall also apply to Hotel services and expenses arranged by the customer on behalf of an agent. 2. The agreed prices shall include statutory VAT. 3. Hotel invoices without a due date shall be payable in full immediately. 4. Any objections to telephone bills shall be raised within one month of receipt. 5. The Hotel shall be entitled to issue an invoice for outstanding accounts at any time and to request immediate payment. If a due invoice is not paid immediately, the Hotel shall be entitled to cancel the accommodation contract with immediate effect. 6. The contractual partner shall pay any outstanding charges by no later than the time of departure. 7. If payment is delayed, the Hotel shall be entitled to charge interest at 8% above the base rate p.a. or at 5% p.a. for consumers. The Hotel reserves the right to claim for additional losses incurred through delayed payment. 8. The customer may offset or reduce a claim made by the Hotel only if such a claim is undisputed or has been declared legal. 9. If the contractual partner refuses to make the payment, or falls into arrears, the Hotel shall be entitled to apply the statutory right of retention in accordance with Section 970c of the Austrian Civil Code (ABGB) and the statutory lien in accordance with Section 1101 of the ABGB to the contractual partner. 10. The statutory period of limitation for all Customer claims shall be one year. The statutory deadline shall apply to consumers. V. Price adjustment 1. If there is a 4-month period between conclusion and fulfilment of the contract, and if the rate generally charged by the Hotel for services of this nature increases, the contractually agreed price may also increase, but by no more than 15%. 2. The Hotel may also amend its prices if the Customer subsequently changes the number of reserved rooms, the Hotel services he/she requires, or the duration of stay of guests. VI. Withdrawal by the Customer (cancellation, rescission) October 2015 FMTG Services GmbH, A-1100 Wien, Columbusplatz 7-8, ATU ; 2

3 1. In the case of online bookings and accommodation contracts concluded as part of distance selling, we exclude the right of withdrawal within 14 days from the conclusion of the contract. The agreed terms of cancellation associated with the rate shall apply. 2. The Customer shall only be entitled to withdraw from the contact upon the payment of the following cancellation charges: City Hotels (Bratislava, Belgrade, Leoben, Maria Prag, Vienna): Cancellation until 06:00 p.m. of the day of arrival is free of charge. After 06:00 p.m. of the day of arrival, 90% of the total amount of he booked stay/package will be charged. In case of a no-show, unused rooms or an early departure, we reserve the right to charge 100% of the total amount. Wellness Hotels (Hotel Bad Leonfelden, Bad Waltersdorf, Balance Resort Stegersbach, Grand Spa Marienbad as well as Croatia, Italy and Serbia): Cancellation until 7 days before arrival is free of charge. In case of a cancellation within 7 days before arrival, we will charge the following cancellation fees: 6 to 4 days before arrival: 45% of the total amount of the booked stay 3 days to 1 day before arrival: 75% of the total amount of the booked stay charge 100% of the total amount. Wellness Hotels (Schlosshotel Velden, Hotel Carinzia, Schladming, Sonnenalpe in summer): Cancellation until 14 days before arrival is free of charge. In case of a cancellation within 14 days before your arrival, we will charge the following cancellation fees: 13 to 7 days before arrival: 45% of the total amount of the booked stay 6 days to 1 day before arrival: 75% of the total amount of the booked stay charge 100% of the total amount. Family Hotels (Hotel Cristallo, Funimation Katschberg, edel:weiss, Sonnenalpe in winter): In case of a cancellation of your stay, we will charge the following cancellation fees: Up to 28 days before arrival: 15% of the total amount of the booked stay 27 to 7 days before arrival: 30% of the total amount of the booked stay 6 days to 1 day before arrival: 75% of the total amount of the booked stay charge 100% of the total amount. In case of an early departure or a late arrival, no refund on package arrangements is possible. 3. Any special arrangements that have been contractually agreed shall also be considered binding. The Customer shall be at liberty to provide evidence that the Hotel did not incur any loss, or that any loss incurred was less than the required payment amount. The Hotel shall likewise be at liberty to provide evidence that it incurred a greater loss. VII. Withdrawal by the Hotel 1. Insofar as the Customer s right of withdrawal within a specified period has been agreed in writing, the Hotel shall be entitled to withdraw from the contract during this period if it receives enquiries from other Customers in respect of the contractually reserved rooms, and the Customer does not waive its right of withdrawal when requested to do so by the Hotel. 2. The Hotel shall also be entitled to withdraw from the contract if an agreed advance payment is not made on time. October 2015 FMTG Services GmbH, A-1100 Wien, Columbusplatz 7-8, ATU ; 3

4 3. Moreover, the Hotel shall be entitled to effect an extraordinary cancellation of the contract for an objectively justified reason, e.g.: If force majeure or other circumstances beyond the control of the Hotel make it impossible to fulfil the contract If rooms are reserved with misleading or false information regarding key facts, such as the identity of the Customer or the rental purpose If the Hotel has reasonable grounds to believe that the Customer s use of the Hotel s services might jeopardise the smooth operation of the Hotel, where this is not within the Hotel s control or organisational remit In the event of a fundamental breach of these General Terms and Conditions. 4. The Hotel shall notify the Customer immediately when exercising its right of withdrawal. 5. The Customer shall not be entitled to claim for any loss incurred through the justified withdrawal from the contract by the Hotel. VIII. Hotel liability 1. The Hotel shall be liable for its obligations under the terms of the contract. If the Customer is a consumer, the Hotel shall not be held liable for slight negligence, apart from personal injury. If the Customer is a contractor, the Hotel shall not be held liable for slight negligence. In such cases, the Customer shall bear the burden of proof for indicating where the fault lies. Any consequential losses, non-material losses, indirect losses or lost profits shall not be reimbursed. The losses to be reimbursed shall be limited to the amount of damage caused by a breach of trust. This limitation of liability shall apply to all potential compensation claims. 2. Should any disruptions or defects occur in respect of the Hotel s service provision, the Hotel shall endeavour to rectify these when it becomes aware of them, or when a complaint is lodged by the Customer. The Customer shall do whatever can be reasonably expected in order to help remove the disruption and keep any damage or loss to a minimum. 3. The Hotel shall be liable to the Customer for property brought into the Hotel in accordance with the statutory provisions, Hotelier s liability in accordance with Sections 970 ff ABGB, i.e. the Hotelier shall be liable to the statutory amounts for items brought by guests. Money and other valuables can be stored in the Hotel safe. The Hotel shall be entitled to refuse the storage of such items if they are of substantially greater value than items usually submitted for storage. The guest must inform the Hotel in advance of the value of items for storage. The Hotel shall be liable for the declared value, capped at the limit of the existing liability insurance, in respect of items stored in the Hotel safe. The Hotel recommends that guests make use of this facility. The Hotel shall be liable up to 550 per loss for items stored in a room safe. The Hotel shall not be held liable if the Customer fails to provide immediate notification upon becoming aware of the loss, damage or destruction of his/her property. 4. If the Customer is provided with a parking space in the Hotel garage or car park, including those for which a fee is charged, this shall not constitute a storage contract. The Hotel shall accept no liability for loss of or damage to motor vehicles parked or manoeuvred on the Hotel s property, or the contents thereof, except in cases of wilful intent or gross negligence. The same shall apply to any persons employed by the Hotel to perform an obligation. 5. The Hotel shall undertake to provide its wake-up service with the utmost care. Any damage claims shall be excluded, except in the event of gross negligence or wilful intent. 6. The Hotel shall handle any messages, post and deliveries for guests with care. The Hotel shall assume responsibility for delivery, storage and, for a fee, the forwarding of such items, if so requested. Any damage claims shall be excluded, except in the event of gross negligence or wilful intent. IX. Final provisions October 2015 FMTG Services GmbH, A-1100 Wien, Columbusplatz 7-8, ATU ; 4

5 1. Any modifications or amendments to the contract, the acceptance of an order, or to these General Terms and Conditions must be made in writing. Any modification of the form must also be made in writing. Any unilateral modifications and amendments made by the Customer shall be invalid. 2. The registered office of the Hotel shall be the place of performance and the place of payment. 3. The Hotel s registered office shall be the exclusive legal venue for commercial activities. For consumers, the legal venue of the consumer shall apply 4. Austrian law shall apply to the exclusion of conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods. 5. Should any individual provisions of these General Terms and Conditions for Hotel accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected. October 2015 FMTG Services GmbH, A-1100 Wien, Columbusplatz 7-8, ATU ; 5