General Terms and Conditions for the Rental of the Holiday Apartment
§ 1 Scope of Application
(1) These terms and conditions apply to the rental and all additional services provided to the guest by the Holiday House Olympia.
§ 2 Contract Partners
(1) The contracting parties are the Holiday House Olympia, hereinafter referred to as the landlord, and the guest. If a third party makes a booking on behalf of the guest, they are jointly liable to the landlord as the orderer together with the guest for all obligations arising from the contract. In case of doubt, the orderer is liable, even if they have booked for other specifically named individuals. Regardless, every orderer is obligated to pass on all booking-related information, especially these General Terms and Conditions, to the guest.
(2) Individuals utilizing the accommodation are considered guests within the meaning of the contract terms.
§ 3 Conclusion of Contract, Deposit
(1) The accommodation contract is generally concluded through the acceptance of the guest's written order by the landlord.
(2) It may be agreed that the guest makes a deposit.
(3) The landlord may also require the advance payment of the entire agreed fee.
§ 4 Commencement, Extension, and Conclusion of Accommodation
(1) The guest has the right to occupy the rented premises from 3 PM on the agreed day. The guest has no claim to earlier availability.
(2) Booked rooms must be occupied by the guest by no later than 6 PM on the agreed arrival day. Unless a later arrival time has been explicitly agreed upon, the Holiday House has the right to reallocate the booked holiday apartment after 6 PM without the guest being able to derive any claims for compensation from this. In this respect, the landlord is entitled to withdraw from the contract.
(3) If the guest has made a deposit equivalent to the price of one day's stay, the holiday apartment remains reserved until no later than 12 PM the following day.
(4) An extension of the stay by the guest requires the landlord's consent.
(5) On the agreed departure day, the holiday apartment must be vacated and made available to the landlord by no later than 10 AM. After this time, the landlord may charge for the additional use of the holiday apartment up to 100% of the full applicable lodging price, in addition to any damages incurred.
(6) If the accommodation contract was agreed upon for a specific time, it ends upon the expiration of that time. If the guest departs early, the landlord is entitled to demand the full agreed fee.
(7) The landlord is entitled to terminate the accommodation contract with immediate effect if the guest
(a) makes significantly detrimental use of the premises or, through their inconsiderate, indecent, or otherwise grossly improper behavior, disturbs the other residents or commits a punishable act against property, morality, or physical safety against the landlord and their staff;
(b) becomes afflicted with a contagious disease or one that exceeds the duration of the accommodation;
(c) fails to pay the presented invoice upon request within a reasonable time frame.
(8) If the fulfillment of the contract becomes impossible due to an event classified as force majeure, the contract is dissolved.
§ 5 Withdrawal from the Accommodation Contract
(1) Withdrawal by the guest, cancellation
(a) In the event of a guest's withdrawal from the booking, the landlord is entitled to claim reasonable compensation.
(b) The landlord has the option to assert a cancellation fee instead of a specifically calculated compensation against the guest.
(c) The above provisions regarding compensation also apply if the guest does not utilize the booked holiday apartment or services without notifying in a timely manner. In case of cancellation less than 1 week prior to arrival, 60% is due. In case of cancellation on the day before arrival, 90% is due.
(2) Withdrawal by the landlord
(a) If an agreed advance payment or security deposit is not made within the specified time, the landlord is also entitled to withdraw from the contract.
(b) Furthermore, the landlord is entitled to withdraw from the contract for important reasons, particularly if the holiday apartment was booked based on misleading or false information regarding essential facts, such as the identity of the guest or the purpose; if the landlord has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety, or reputation of the landlord in public, without it being attributable to the landlord's control or organization; if unauthorized subleasing or further leasing occurs; or if the landlord learns of circumstances indicating a significant deterioration in the guest's financial situation after the contract has been concluded, especially if the guest fails to settle due claims of the property.
(c) In the aforementioned cases of withdrawal, there is no claim for damages from the guest.
(e) Even if the guest does not utilize the ordered holiday apartment, they are obliged to pay the agreed fee to the landlord.
§ 6 Services, Prices, and Payment
(1) The guest is obligated to pay the applicable or agreed prices of the landlord for the room rental and any additional services utilized. This also applies to services and expenses incurred by the landlord on behalf of the guest or the orderer towards third parties.
(2) The prices may be changed by the landlord if the guest subsequently requests changes to the landlord's service or the duration of the guests' stay, and the landlord agrees.
(3) Invoices from the landlord are payable immediately upon receipt without deduction. In case of payment delay, the landlord is entitled to charge late fees. The landlord may impose a reminder fee for each reminder after the onset of delay.
(4) The landlord is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed upon in writing in the contract.
(5) The guest is obligated to pay the applicable or agreed prices of the landlord for the room rental and any additional services utilized.
§ 7 Liability of the Hotel, Limitation Period
(1) Should disturbances or defects in the landlord's services occur, the landlord will strive to remedy the situation upon immediate complaints from the customer. If the guest negligently fails to report a defect to the landlord, a claim for reduction of the contractually agreed fee does not arise.
(2) The landlord is liable according to legal provisions for all damages arising from injury to life, body, and health.
(3) The landlord is liable for slightly negligent damages only if they result from the violation of a significant contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract. In such cases, liability is limited to the foreseeable, typical damages.
(4) For other damages, the hotel's liability shall also be limited to a maximum of EUR 1,000.00 for property damages and EUR 500.00 for financial damages for each individual case of damage and all damage cases in connection with the contractual services. The limitations and exclusions of liability do not apply if the other damages are based on intentional or grossly negligent breaches of duty by the landlord, their legal representatives, or senior employees.
(5) The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims arising from tort. The above limitations of liability also apply in cases of potential claims for damages by a guest against employees or agents of the landlord. They do not apply in cases of liability for defects following the acceptance of a guarantee for the quality of goods or services, in cases of fraudulently concealed defects, or in cases of personal injury.
(6) For items brought in, the landlord is liable to the guest according to legal provisions, but limited to EUR 500.00. For valuables (cash, jewelry, etc.), this liability is limited to EUR 100.00. Liability claims expire if the guest does not notify the landlord immediately upon becoming aware of loss, destruction, or damage.
(7) If a parking space is made available to the guest, no custody contract is established. There is no obligation for the landlord to monitor. The landlord is not liable for loss or damage to vehicles parked or maneuvered on the landlord's property and their contents, unless the landlord, their legal representatives, or their agents are guilty of intent or gross negligence. In this case, the damage must be reported to the landlord at the latest upon leaving the hotel premises.
(8) Claims for damages by the guest expire at the latest one year from the time the guest becomes aware of the damage, or, regardless of this knowledge, at the latest two years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, body, or health, as well as for other damages based on intentional and grossly negligent breaches of duty by the landlord, a legal representative, or agents of the landlord.
§ 8 Rights of the Guest
(1) By entering into an accommodation contract, the guest acquires the right to the normal use of the rented rooms, the facilities of the accommodation operation that are usually and without special conditions accessible to guests, and to the usual service.
(2) The guest has the right to occupy the rented rooms from 3 PM on the agreed day.
§ 9 Obligations of the Guest
(1) Upon termination of the accommodation contract, the agreed fee must be paid. The landlord is not obligated to accept cashless payment methods such as checks, credit cards, vouchers, etc.
(2) Prior to using electrical devices brought by guests that do not belong to the usual travel necessities, the guest must obtain the landlord's consent.
(3) The guest is liable for any damage caused by them, and the provisions of liability for damages apply. Therefore, the guest is liable 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 directly claim damages from the landlord.
§ 10 Rights of the Landlord
(1) If the guest refuses to pay the agreed fee or is in arrears, the landlord has the right to withhold the items brought in as security for their claims arising from accommodation and catering, as well as for their expenses for the guest (statutory right of retention).
(2) The landlord has a lien on the items brought in by the guest to ensure the agreed fee (statutory lien of the landlord).
§ 11 Liability of the Landlord for Damages
(1) The landlord is liable for damages suffered by a guest if the damage occurs within the scope of operations and is attributable to their fault or that of their employees.
§ 12 Animal Keeping
(1) Animals may only be brought into the accommodation facility with prior approval and possibly against a special fee.
(2) The guest is liable for any damage caused by their brought-in animals according to the legal provisions applicable to animal owners.
§ 13 Final Provisions
(1) Changes or additions to the contract, the acceptance of the application, or these terms and conditions for the rental must be made in writing. Unilateral changes or additions by the customer are invalid.
(2) The place of fulfillment and payment is the landlord's registered office.
(3) For all disputes arising from the accommodation contract, the court responsible for the accommodation operation, both subjectively and locally, is agreed upon.
(4) The exclusive jurisdiction—also for check and bill disputes—in commercial transactions is the landlord's registered office. However, the landlord is entitled to initiate lawsuits and other legal proceedings at the general jurisdiction of the guest.
(5) Deviating provisions, even if contained in the general terms and conditions of the guest or orderer, shall not apply unless they are expressly acknowledged in writing by the landlord.
(6) The law of the Republic of Austria applies.
(7) If individual provisions of these General Terms and Conditions for Rental are ineffective or become invalid, the validity of the remaining provisions shall not be affected. Otherwise, the legal provisions shall apply.