Terms & conditions

GENERAL TERMS AND CONDITIONS

Table of contents

• 1 Scope
• 2 Definition of terms
• 3 Conclusion of contract – down payment
• 4 Start and end of accommodation
• 5 Cancellation of accommodation contract – cancellation fee
• 6 Provision of substitute accommodation
• 7 Rights of the contracting party
• 8 Obligations of the contracting party
• 9 Rights of the accommodation provider
• 10 Obligations of the accommodation provider
• 11 Liability of the accommodation provider for damage to property brought in by the guest § 12 Limitation of liability
• 13 Keeping of animals
• 14 Extension of accommodation
• 15 Termination of the accommodation contract – early termination
• 16 Illness or death of the guest under the accommodation contract
• 17 Place of performance, jurisdiction and choice of law
• 18 Miscellaneous.

• 1 Scope of application

1.1 These general terms and conditions (hereinafter referred to as “GTC”) apply to all agreements on the use of apartments for the rental of premises of the

Individual enterprise

Hakan Tonguc (La Vienna Suites)

Landgutgasse 33/1-5

1100 Vienna

office@laviennasuites.at (hereinafter referred to as the “accommodation provider”)

for accommodation as well as all other services and deliveries provided by the accommodation business for the guest.

1.2 The general terms and conditions do not exclude special agreements and are subsidiary to individually agreed agreements.

• 2 Definition of terms

2.1 Definition of terms:

“Accommodation provider”: is a natural or legal person who provides accommodation to guests for a fee. “Guest”: is a natural person who makes use of accommodation. The guest is usually also the contracting party. Persons who arrive with the contracting party (e.g. family members, friends, etc.) are also considered guests.

“Contracting party”: is a natural or legal person from within or outside the country who concludes an accommodation contract as a guest or for a guest.

“Consumer” and “entrepreneur”: The terms are to be understood in accordance with the Consumer Protection Act 1979, as amended.

“Accommodation contract”: is the contract concluded between the accommodation provider and the contracting party, the content of which will be regulated in more detail below.

• 3 Conclusion of contract – Deposit

3.1 The accommodation contract is concluded by the accommodation provider’s acceptance of the contracting party’s order. Electronic declarations are considered as received when the party for whom they are intended can retrieve them under normal circumstances, and access is provided during the accommodation provider’s normal business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit. In this case, the accommodation provider is obliged to inform the contracting party of the required deposit before accepting the written or verbal order of the contracting party. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the contracting party’s consent to pay the deposit by the accommodation provider. 3.3 The contracting party is obliged to pay the deposit no later than 7 days (before arrival). The costs of the money transfer (e.g. transfer fees) are borne by the contracting party. The respective conditions of the credit and debit card companies apply.

3.4 The deposit is a partial payment of the agreed fee.

3.5 Order processing and contact usually take place by e-mail and via automated order processing. The contracting party must therefore ensure that the e-mail address provided by him/her during the order process is correct so that e-mails sent by the accommodation provider can be received

• 4 Beginning and End of Accommodation

4.1 The contractual partner has the right, unless the accommodation provider offers another time of occupancy, to occupy the rented rooms from 2:00 pm on the agreed day (“arrival day”).

4.2 The rented rooms must be vacated by the contractual partner on the day of departure by 11:00 am. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

• 5 Cancellation of Accommodation Agreement – Cancellation Fee

Cancellation by the Accommodation Provider

5.1 If the accommodation agreement provides for a deposit and the deposit is not paid by the contractual partner within the deadline, the accommodation provider may cancel the accommodation agreement without granting a grace period.

5.2 If the guest does not arrive by 6:00 pm on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

5.3 If the contractual partner has made a deposit (see 3.3), the rooms will be reserved until 12:00 noon on the day following the agreed arrival day.

5.4 The accommodation agreement may be terminated by the accommodation provider, for objectively justified reasons, unless otherwise agreed, by unilateral declaration up to 3 months before the agreed arrival date of the contractual partner. Justified reasons include, for example, if force majeure or other circumstances beyond the control of the hotel make the performance of the contract impossible, if apartments are booked under misleading or false information about essential facts, e.g. regarding the person of the customer or the purpose of the booking, if the hotel has justifiable reason to believe that the use of the accommodation services may jeopardize the smooth operation of the hotel, the safety or reputation of the hotel in the public eye, without this being attributable to the hotel’s sphere of control or organization. The hotel must inform the customer immediately of the exercise of the right of withdrawal. In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.

5.5 The accommodation agreement may be terminated by the contractual partner by unilateral declaration up to 7 days before the agreed arrival date of the guest without payment of a cancellation fee.

5.6 Outside the period specified in § 5.5, cancellation by unilateral declaration of the contractual partner is only possible with payment of the following cancellation fees:

• 100% of the total gross price 7 days before the arrival day;
• For bookings made with the “non-refundable rate”, the total gross price is due for any cancellation or rebooking. Therefore, no free cancellation or rebooking is possible from the time of booking.

• 6 Provision of a Replacement Accommodation

6.1 The accommodation provider can provide the contract partner or guests with an adequate replacement accommodation (of the same quality) if it is reasonable to do so, especially if the deviation is minor and justified on a factual basis.

6.2 A factual justification is given, for example, if the room(s) become(s) unusable, already accommodated guests extend their stay, there is overbooking, or other important operational measures require this step.

6.3 Any additional costs for the replacement accommodation shall be borne by the accommodation provider.

• 7 Rights of the Contract Partner

7.1 By concluding an accommodation contract, the contract partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to guests without special conditions, and to the usual service. The contract partner must exercise his/her rights in accordance with any hotel and/or guest guidelines (house rules).

• 8 Obligations of the Contract Partner

8.1 The contract partner is obliged to pay the agreed remuneration plus any additional amounts that have arisen due to separate use of services by him/her and/or accompanying guests, plus statutory turnover tax, at the latest at the time of departure.

8.2 The accommodation provider is not obliged to accept foreign currencies.

8.3 The contract partner is liable to the accommodation provider for any damage caused by him/her or the guest or other persons who accept services from the accommodation provider with the knowledge or consent of the contract partner.

• 9 Rights of the Accommodation Provider

9.1 If the contract partner refuses to pay the agreed remuneration or is in arrears, the accommodation provider shall be entitled to exercise the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to § 1101 ABGB on the things brought in by the contract partner or the guest. This right of retention or lien also serves to secure the accommodation provider’s claim under the accommodation contract, especially for meals, other expenses incurred for the contract partner, and for any replacement claims of any kind.

9.2 If the service is requested in the contract partner’s room or at extraordinary times (after 8:00 pm and before 6:00 am), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider has the right to settle or make intermediate settlements of its services at any time.

• 10 Duties of the accommodation provider

10.1 The accommodation provider is obligated to provide the agreed-upon services to the extent that corresponds to their standard.

10.2 Special services provided by the accommodation provider, which are not included in the accommodation fee, are exemplary: a) A separate fee is charged for the provision of additional or children’s beds. b) Additional cleaning services c) Additional bed linen

• 11 Liability of the accommodation provider for damage to items brought in

11.1 The accommodation provider is liable according to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the contracting partner. The accommodation provider’s liability is only given if the items were handed over to the accommodation provider or authorized persons of the accommodation provider, or if they were brought to a location instructed or designated by them. If the accommodation provider fails to prove otherwise, they are liable for their own fault or the fault of their staff, as well as for incoming and outgoing persons. According to § 970 para. 1 ABGB, the liability of the accommodation provider is limited to the amount fixed in the Federal Law of 16 November 1921 on the liability of innkeepers and other entrepreneurs in the respective version. If the contracting partner or guest fails to promptly deposit their items at a special storage location as requested by the accommodation provider, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to the maximum liability insurance amount of the respective accommodation provider. The fault of the contracting partner or guest is to be taken into account.

11.2 The liability of the accommodation provider is excluded for slight negligence. If the contracting partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will not be compensated.

11.3 The accommodation provider is only liable for valuables, money and securities up to the amount of €350 at present. The accommodation provider is liable for damages exceeding this amount up to €550 only if the damage was caused by the accommodation provider themselves or one of their employees. The liability limitation according to 12.1 and 12.2 applies accordingly.

11.4 The accommodation provider can refuse to keep valuables, money, and securities.

11.5 In any case of accepted storage, liability is excluded if the contracting partner and/or guest does not promptly notify the accommodation provider of the damage that has occurred once they become aware of it. Furthermore, these claims must be asserted in court by the contracting partner or guest within three years of becoming aware or potentially becoming aware of them; otherwise, the right is forfeited.

• 12 Limitations of Liability

12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence, except for personal injury, is excluded.

12.2 If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be reimbursed. The damage to be reimbursed in any case is limited to the amount of the interest in trust.

• 13 Animal Keeping

13.1 Bringing, keeping, and/or caring for animals is not permitted.

• 14 Extension of Accommodation

14.1 The contracting party has no right to have their stay extended. If the contracting party announces their desire to extend their stay in a timely manner, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is not obligated to do so.

14.2 If the contracting party is unable to leave the accommodation facility on the day of departure because all departure options are closed or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. The accommodation provider is entitled to demand at least the usual price charged at that time.

• 15 Termination of the Accommodation Contract – Early Termination

15.1 If the accommodation contract was concluded for a specific period of time, it ends upon expiry of that time.

15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed remuneration. The accommodation provider shall deduct what he has saved as a result of the failure to use his service or what he has obtained by renting the ordered rooms to others. Savings are only deemed to exist if the accommodation facility is fully booked at the time of the non-use of the ordered rooms and the rooms can be rented to other guests as a result of the cancellation by the contracting party. The burden of proof of the savings lies with the contracting party. If the contracting party departs prematurely, the landlord is entitled to demand the full agreed remuneration.

15.3 The contract with the accommodation provider ends upon the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract until 10:00 a.m. of the third day before the intended end of the contract.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest

1. a) makes significantly detrimental use of the premises or by their reckless, offensive or otherwise grossly improper behavior spoils the living together of the other guests, the owner, his staff or third parties residing in the accommodation facility or commits an act against the property, morality or physical safety of these persons that is punishable by law;
2. b) is infected with a contagious disease or becomes otherwise in need of care for a disease that lasts beyond the accommodation period;
3. c) fails to pay the presented invoices due within a reasonable period (3 days).
4. d) disregards the house rules.

15.6 If the fulfillment of the contract becomes impossible due to an event that can be regarded as force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages, etc. by the contracting party are excluded.

• 16 Illness or Death of the Guest

16.1 If a guest becomes ill during their stay at the accommodation establishment, the operator will provide medical care upon the request of the guest. If there is imminent danger, the operator will arrange for medical care even without a special request from the guest, particularly if it is necessary and the guest is unable to arrange it themselves.

16.2 As long as the guest is unable to make decisions or their relatives cannot be contacted, the operator will arrange for medical treatment at the guest’s expense. However, these measures will end when the guest is able to make decisions or when the relatives have been notified of the illness.

16.3 The operator is liable for the following costs to the contracting party and the guest, or in the event of death, to their legal successors: a) open doctor’s fees, costs for medical transport, medication, and therapeutic devices, b) necessary room disinfection, c) unusable laundry, bed linen, and bedding, otherwise for the disinfection or thorough cleaning of all these items, d) restoration of walls, furnishings, carpets, etc., to the extent that they have become contaminated or damaged in connection with the illness or death, e) room rental, if the room was used by the guest, plus any days the room is unusable due to disinfection, clearing out, etc., f) any other damages incurred by the operator.

• 17 Place of Performance, Jurisdiction, and Choice of Law

17.1 The place of performance and exclusive place of jurisdiction is Vienna, where the accommodation establishment is located.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ), conflict of laws, and the UN Convention on Contracts for the International Sale of Goods (CISG).

• 18 Miscellaneous

18.1 Unless otherwise provided in the above provisions, the running of a period begins with the delivery of the written document ordering the period to the contracting party who must comply with the period. When calculating a period determined by days, the day on which the event or occurrence falls, from which the start of the period is to be counted, is not included. Deadlines specified in weeks or months refer to the day of the week or month that corresponds to the day from which the period is to be counted, by its name or number. If this day is missing in that month, the last day of that month is decisive.

18.2 Declarations must have been received by the respective other contracting party on the last day of the period (midnight).

18.3 The operator is entitled to set off its own claims against the contracting party’s claims. The contracting party is not entitled to set off their own claims against the operator’s claims, unless the operator is insolvent or the contracting party’s claim has been judicially determined or recognized by the operator.

18.4 In case of gaps in regulation, the corresponding legal provisions apply.

18.5 The correction of errors, printing, calculation, and computational errors is expressly reserved for the operator.

18.6 Supplementary agreements require written form without exception.