TERMS AND CONDITIONS FOR
STEINBERGHAUS, LEOGANG

Version dated January 2014

1 Scope

1.1 These Terms and Conditions (hereinafter also: “T&C”) do not exclude special agreements. The Terms and Conditions are subsidiary to individual agreements.

2 Definition of terms

2.1 “Lessor”: A natural or legal person who provides accommodation to guests for a fee. “Guest”: A natural person who uses the accommodation. The Guest is usually also the contract partner. Guests are also those persons travelling with the contract partner (e.g. family members, friends, etc.).

“Contract Partner”: A natural or legal person, foreign or domestic, who concludes a lease as or for a Guest.

“Lease”: The contract concluded between the Lessor and the Contract Partner, the content of which is regulated in more detail below.

3 Contract formation

3.1 By signing the Lease or paying the rent, the tenant accepts the booking of the Steinberghaus holiday apartment or holiday home, its Lease, house rules and these Terms and Conditions. If arriving at short notice, this can also be done by fax, telephone or e-mail. Electronic declarations are considered to have been received if the party for whom they are intended can access them under normal circumstances and at the Lessor’s designated business hours.

3.2 The Lessor is entitled to conclude the Lease on the condition that the Contract Partner will pay the total amount stated in the Lease, including the security deposit and all incidental expenses, within 10 days to the bank account designated in the Lease. The Contract Partner agrees to payment by signing the Lease and delivering it on time. If there are fewer than seven days between the conclusion of the Lease and the arrival date, the total rental amount is to be paid in cash when the keys are handed over.

3.3 The costs of the financial transaction (e.g. transfer charges) are borne by the Contract Partner. Credit and debit cards are not accepted

4 Start and end of accommodation

4.1 The Contract Partner has the right to occupy the rented rooms from 4.00 pm on the agreed day (“day of arrival”).

4.2 Rental is usually from Saturday to Saturday. Exceptions will be regulated by the Lease.

4.3 The rented rooms are to be vacated by the Contract Partner by 10.00 am on the day of departure, and left in a tidy and clean state. The Lessor is entitled to charge another day if the rented rooms are not vacated on time.

4.4 When handing over the rental property, the furnishings, linen, crockery and household effects must be checked against the handover report, and any damage or missing items must be indicated immediately. No liability is assumed for items left by the tenant.

5 Cancellation of the Lease – Cancellation fee

Cancellation by the Lessor

5.1 The Lease stipulates payment of the total rent, including all incidental expenses and the security deposit. If the amount agreed as per the Lease is not paid by the Contract Partner on time (within 10 days or in cash if there are fewer than seven days between booking and arrival), the Lessor can cancel the Lease without a period of grace.

5.2 If the Guest does not arrive by 6.30 pm on the agreed day of arrival, there is no obligation to provide accommodation unless a later time of arrival has been agreed.

5.3 Until no later than three months before the Contract Partner’s agreed day of arrival, the Lessor can terminate the Lease by way of unilateral declaration for reasonably justified reasons.

Cancellation by the Contract Partner – Cancellation fee

The tenant is entitled to cancel the contract before the start of the rental period. In the event of such a cancellation, the Lessor will claim compensation as follows:

  • Up to 60 days before the start of the rental period                                 free
  • Up to 49 days before the start of the rental period                                 10% of the rent
  • Up to 35 days before the start of the rental period                                 30% of the rent
  • Up to 21 days before the start of the rental period                                 60% of the rent
  • Up to 14 days before the start of the rental period                                 90% of the rent
  • Fewer than 14 days before the start of the rental period 100% of the rent

Prevention from travel

5.5 If the Contract Partner is unable to reach the accommodation facility on the day of arrival because all travel options are rendered impossible due to extraordinary, unforeseeable circumstances not caused by the Contract Partner (e.g. extreme snowfall, flooding, avalanches, etc.), the Contract Partner will be refunded the rent paid less a flat-rate fee for processing and advance costs of the Lessor of EUR 150.

5.6 The duty to pay for the agreed booking will resume when travel becomes possible again, if this occurs within three days.

6 Provision of substitute accommodation

6.1 The Lessor can provide the Contract Partner or the Guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Contract Partner, especially if the deviation is negligible and objectively justified.

6.2 For example, objective justification applies if the room or rooms have become unusable, Guests already occupying the accommodation extend their stay, there has been an overbooking or other important operational measures necessitate this.

6.3 Any additional expenses for the substitute accommodation are borne by the Lessor.

7 Rights of the Contract Partner

7.1 By concluding a lease, the Contract Partner acquires the right to make normal use of the rented rooms, the features of the accommodation facility usually accessible for use by Guests without special conditions, and to usual service.

The Contract Partner must exercise his/her rights in accordance with the Lease and the house rules.

8 Duties of the Contract Partner

8.1 The Contract Partner is required to pay the agreed fee, plus any additional costs incurred by him/her or accompanying Guests due to special use, plus statutory value-added tax, no later than 10 days after receiving the Lease.

8.2 The Lessor is not required to accept foreign currencies. If the Lessor accepts foreign currencies, these will be converted at the daily rate if possible. If the Lessor accepts foreign currencies or cashless payments, the Contract Partner bears all related costs, e.g. inquiries to credit card companies, telegrams, etc.

8.3 The Contract Partner is liable to the Lessor for any damage caused by him/her, the Guest or other persons who receive services from the Lessor with the knowledge or intent of the Contract Partner.

8.4 The rental property may be occupied only by the number of persons indicated in the confirmation, whereby children count as full persons.

8.5 The tenant is responsible for the rental property and its furnishings. He/she must treat it with care and undertakes to pay for any damage caused by him/her and other Guests. The accommodation must be left in a clean condition at the end of the rental. Any damage caused will be examined and, if necessary, paid for out of the security deposit. The Lessor must be notified immediately of any damage that occurs for the purpose of remedying such damage; if possible, damage must be confirmed in order to provide proof.

9 Rights of the Lessor

9.1 If the Contract Partner refuses to pay the agreed fee or if he/she is in arrears, the Lessor is entitled to the right of retention in accordance with section 970c of the Allgemeines Bürgerliches Gesetzbuch (ABGB – Austrian Civil Code) and the statutory right of lien in accordance with section 1101 ABGB to items brought in by the Contract Partner or the Guest.

The Lessor also has this right of retention/lien to ensure his/her receivable for the Lease, in particular for catering, other expenses incurred for the Contract Partner and for all claims to compensation of any kind.

9.2 If service is requested in the accomodation of the Contract Partner or at unusual times of day (after 8.00 pm and before 6.00 am), the Lessor is entitled to demand a special charge. The tenant must first be informed of this special charge. The Lessor can also refuse these services for operational reasons.

9.3 The Lessor has the right to settle his/her account at any time, including for interim expenses.

10 Duties of the Lessor

10.1 The Lessor is required to provide the agreed services to an extent corresponding to his/her standard.

10.2 Special services by the Lessor that are not included in the accommodation fee and for which prices must be made known include:

  1. a) special services provided by the accommodation that can be billed separately, such as the provision of salons, a sauna, (indoor) swimming pool, solarium, etc.
  2. b) a reduced price is charged for the provision of extra beds or cots, if available.

11 Liability of the Lessor for damage to items brought into the accommodation facility

11.1 The Lessor is liable in accordance with sections 970 et seq. ABGB for items brought into the accommodation facility by the Contract Partner. The Lessor is liable only if the items are handed to the Lessor or persons authorised by the Lessor or left at a location indicated by these persons or intended for this purpose. If the Lessor is unable to provide proof, the Lessor is liable for damage caused by his/her own fault, the fault of his/her agents or persons leaving and arriving. In accordance with section 970(1) ABGB, the Lessor is liable up to no more than the amount stipulated in the Austrian Federal Law of 16 November 1921 on the liability of proprietors and other operators as currently amended. If the Contract Partner or Guest does not immediately follow the Lessor’s instruction to leave items at a particular place, the Lessor is exempt from any liability.

The amount of any liability of the Lessor is capped at not more than the respective Lessor’s insured liability. Any fault on the part of the Contract Partner or Guest must be taken into account.

11.2 The liability of the Lessor is excluded for slight negligence. If the Contract Partner is a business, liability is also excluded for gross negligence. In such event, the Contract Partner bears the burden of proof for the existence of fault. Consequential or indirect damage and lost profits are not reimbursed under any circumstances.

11.3 The Lessor is liable only up to an amount of currently EUR 550 for valuables, money and securities. The Lessor is liable only for any further damages if, knowing of their nature, he/she accepted these items for safe-keeping or if the damage was caused by himself/herself or his/her agents. The limitation of liability under 12.1 and 12.2 applies accordingly.

11.4 The Lessor can refuse to take custody of valuables, money and securities if the items are significantly more valuable than guests of the accommodation facility in question usually request safe-keeping for.

11.5 In any case in which items are held for safe-keeping, liability is excluded if the Contract Partner or Guest do not immediately notify the Lessor on becoming aware of the damage that has occurred. Moreover, these claims must be legally made within three years of the Contract Partner or Guest becoming aware or possibly becoming aware; otherwise the right expires.

12 Limitations of liability

12.1 If the Contract Partner is a consumer, the liability of the Lessor for slight negligence is excluded, with the exception of personal injury.

12.2 If the Contract Partner is a business, the liability of the Lessor for slight and gross negligence is excluded. In such event, the Contract Partner bears the burden of proof for the existence of fault. Consequential, immaterial or indirect damage and lost profits are not reimbursed. In any case, the damage to be reimbursed is limited by the level of reliance.

13 Keeping of animals

13.1 Animals must not be kept in the accommodation facility.

13.2 The Contract Partner or his/her insurer is liable to the Lessor for damage caused by unauthorised animals kept in the accommodation facility. In particular, the damage also includes reimbursement that the Lessor must pay to third parties.

14 Extension of accommodation

14.1 The Contract Partner is not entitled to extend his/her stay. If the Contract Partner announces his/her wish to extend his/her stay in good time, the Lessor can agree to an extension of the Lease. The Lessor is under no obligation to do so.

14.2 If the Contract Partner cannot leave the accommodation facility on the day of departure because all travel options are blocked or unusable due to extraordinary, unforeseeable circumstances (e.g. extreme snowfall, flooding, etc.) the Lease will be automatically extended for the duration that it is impossible to leave. However, a reduction of the fee for this period is possible only if the Contract Partner cannot make full use of the offered services of the accommodation facility as a result of the unusual weather conditions. The Lessor is entitled to demand at least the fee that would usually be charged in the off-season.

15 Termination of the accommodation contract – Early termination

15.1 If the Lease was concluded for a certain period of time, it ends after this period has expired.

15.2 If the Contract Partner leaves early, the Lessor is entitled to demand the full agreed fee. The Lessor will deduct any amounts saved as a result of the non-use of his/her services or received from a different rental of the rooms booked. Savings are possible only if the accommodation facility is fully booked at the time of the non-use of the rooms booked by the Guest and the rooms can be rented to other guests as a result of the Contract Partner’s cancellation. The Contract Partner bears the burden of proof of savings.

15.3 The death of a Guest ends the contract with the Lessor.

15.4 If the accommodation contract was concluded indefinitely, the parties can terminate the contract by 10.00 am on the third day before the intended end of the contract.

15.5 The Lessor is entitled to terminate the Lease with immediate effect for cause, in particular if the Contract Partner or the Guest

  1. a) makes considerably detrimental use of the premises or, through his/her inconsiderate, offensive or otherwise grossly unseemly conduct, makes it intolerable for other guests, the owner, his/her agents or third parties residing in the accommodation facility to stay there, or commits a criminal offence against property, morality or physical security;
  2. b) suffers a contagious disease or a disease that extends beyond the duration of accommodation, or otherwise requires medical care;
  3. c) does not pay the invoices issued within a reasonable time (three days) of becoming due.

15.6 If fulfilment of the contract becomes impossible due to an event deemed force majeure (e.g. natural events, strike, lockout, official orders, etc.), the Lessor can terminate the Lease at any time without notice if the contract is not already deemed terminated by way of law, or the Lessor is exempted from his/her duty to provide accommodation. Any claims to damages etc. on the part of the Contract Partner are excluded.

16 Illness or death of the Guest

16.1 If a Guest becomes ill during his/her stay in the accommodation facility, the Lessor will provide medical care at the Guest’s request. If there is danger in delay, the Lessor will arrange medical care without the Guest requesting this; this applies in particular if this is necessary and the Guest himself/herself is unable to do so.

16.2 If the Guest is unable to make decisions or the Guests’ relatives cannot be contacted, the Lessor will ensure medical treatment at the expense of the Guest. However, the extent of this care ends when the Guest can make decisions or the relatives have been informed of the illness.

16.3 In particular, the Lessor can claim reimbursement from the Contract Partner and the Guest, or their legal successors in the event of their death, for the following costs:

  1. a) outstanding medical costs, costs for patient transport, medication and medical aids
  2. b) necessary room disinfection,
  3. c) linen, bedclothes and bedding rendered unusable, otherwise for the disinfection or thorough cleaning of all these items,
  4. d) restoration of walls, furnishings, carpets, etc. if these were soiled or damaged in connection with the illness or death,
  5. e) rent, if premises were used by the Guest, plus any days on which use of the rooms is not possible due to disinfection, clearance, etc.,
  6. f) any other damages suffered by the Lessor.

17 Place of performance, legal venue and choice of law

17.1 The place of performance is where the accommodation facility is situated.

17.2 This contract is subject to Austrian formal and substantive law, with the exclusion of the rules of international private law (including in particular the Austrian Act on Private International Law and the European Convention on the law applicable to contractual obligations) and UN sales law.

17.3 The sole legal venue in a transaction between two businesses is the registered office of the Lessor; the Lessor is moreover entitled to claim his/her rights at any other locally and objectively competent court.

17.4 If the Lease was concluded with a Contract Partner who is a consumer and has his/her domicile or habitual residence in Austria, legal actions against the consumer can be brought exclusively at the place of domicile, place of habitual residence or place of employment of the consumer.

17.5 If the accommodation contract was concluded with a Contract Partner who is a consumer and resides in a Member State of the European Union (except Austria), Iceland, Norway or Switzerland, the locally and objectively competent court of the domicile of the consumer is responsible for legal actions against the consumer.

18 Use of Wi-Fi

The terms and conditions for the use of Wi-Fi are a part of the Terms and Conditions of Steinberghaus Leogang GmbH and are accepted with the Terms and Conditions. The Wi-Fi use agreement is a component of these Terms and Conditions and is attached as an annex.

19 Miscellaneous

19.1 Unless stated otherwise in the provisions above, a time limit begins on delivery of the correspondence ordering this time limit to the Contract Partners who must observe the time limit. In calculating a time limit that is measured in days, the day on which the time or event that triggers the time limit is not counted. Time limits measured in weeks or months refer to the days of the week or of the month that, by name or number, correspond to the day from which the time limit is counted. If this date does not occur in that month, the deadline is the last day of this month.

19.2 Declarations must be received by the respective other Contract Partner by midnight on the last day of the time limit.

19.3 The Lessor is entitled to offset his/her own receivables against the receivables of the Contract Partner. The Contract Partner is not entitled to offset his/her own receivables against the receivables of the Lessor unless the Lessor is insolvent or the receivable of the Contract Partner has been legally determined or accepted by the Lessor.

19.4 In the event of omissions in these regulations, the corresponding statutory provisions apply.

19.5 A noise level (such as due to street noise or building work) outside the statutory rest periods is reasonable for the tenant.