Article 1: scope
* these terms of contract shall apply for any and all agreements between apartment aschbach and apartment streifblick, operated by “Mag. Johann Hagsteiner und Mitbesitzer”, Aschbachbichl 1a, A-6370 Kitzbühel, represented by Hansi Hagsteiner and Ilona Sams and the client for the provision of apartments to be hired for accommodation.
* The client`s terms of contract shall apply only if this is agreed in advance and in writing.
Article 2: definitions
“landlord”: an individual or an entity accommodation guests against consideration
“guest”: an individual using accommodation services. Generally, guests shall at the same time be contracting parties. Any person arriving with the contracting party shall also be considered as guests.
“contracting party”: any local or foreign individual or entity entering into an accommodation agreement in its capacity of a guests or on behalf of a guest: hereinafter also referred to as “client”.
“consumer” or “undertaking”: the terms shall be construed within the meaning of the consumer protection law 1979, as amended.
“accommodation agreement”: the agreement entered by and between the landlord and the contracting party, as detailed hereinafter.
Article 3: conclusion of the agreement
On our website the client shall choose a suitable apartment, the number of persons to be accommodated and the duration of the stay. Then the client shall confirm this coice by clicking the button “calculate total price” and may subsequently confirm the booking by the “forward” button. .. Als Zahlungsart wird eine Überweisung (30% Anzahlung und 70% Restzahlung bis spätestens 7 Tage vor Urlaubsantritt) anerkannt. By a subsequent click of the „complete the reservation“ button the agreement shall be concluded.
Any costs incurred for the money transaction (ex bank-transfer charges) shall be born by the client.
Electronic statements shall be deemed received where the designated party may routinely refer to them and provided that they have been received during normal business hours.
Article 4: accommodation
The Contracting Party shall be entitled to move into the rented premises after 03:00 p.m. on the agreed date („date of arrival”). In case of arrival by car, a car park shall be available for each Client on the territory of the boarding-house. One parking place per apartment.
The Contracting Parties should vacate any premises rented until 10:00 a.m. on the day of departure. The landlord shall be entitled to invoice an additional day, in case of failure to vacate the rented premises on time.
Cancellation of the Accommodation Agreement
Cancellation Fee / Cancellation of the Agreement by the landlord
* According to the legal provisions, in case of any system errors in the booking software or errors due to any other reasons rendering the accommodation impossible, the landlord may be released of its obligations for accommodation; in such cases, spare accommodation should be provided if possible;
* Not later than 3 months prior to the agreed date of arrival of the Contracting Party, the Accommodation Agreement may be terminated unilaterally by the landlord for objective reasons, unless otherwise agreed.
Cancellation of the Agreement by the Contracting Party & Cancellation Fee
Up to 3 month prior to your arrival — no cancellation fees
Up to 1 month prior to your arrival – 30% cancellation fees of the invoice amount
Up to 14 days prior to your arrival – 70% cancellation fees of the invoice amount
Less than 14 days prior to your arrival – 100% cancellation fees of the invoice amount
* Upon their arrival, guests shall be required to fill-in the address card submitted.
* In particular, the rest time between 10:00 p.m. and 07:00 a.m. shall be observed.
Article 5: Obligations of the Contracting Party
* the Contracting Party shall undertake to pay not later than its departure any paid-for additional services, arisen due to special services additionally used by the Contracting Party and/or any accompanying guests, plus the respective mandatory turnover tax wherever it applies.
* The Contracting Party shall be responsible before the landlord for any damages, incurred by the Contracting Party or the guest, or any other persons using services of the landlord with the knowledge or the approval of the Contracting Party.
* Hereby, the Rules of the House posted on this website (www.kitzbuehel-appartement.tirol), and also exposed at the boarding-house, shall constitute an integral part of the agreement.
Article 6: Rights of the landlord
If the Contracting Party refuses to pay the contract price or in case of default in paying, the landlord shall be entitled to legal right of retention pursuant to Article 970c of the General Civil Code, as well as legal lien pursuant to Article 1101 of the General civil Code over any items brought-in by the Contracting Party, the guest respectively. Furthermore, such right of retention or lien shall be due to the Hotelkeeper as a security for his receivable under the Accommodation Agreement, in particular for food and other costs incurred for the Contracting Party, as well as for any possible indemnity claims.
Article 7: Obligations of the landlord
The landlord shall undertake to provide the agreed services within the extent corresponding to its standard.
Article 8: Liability of the landlord for damages to the items brought-in
The landlord shall be liable pursuant Article 970 et seq. of the General Civil Code for items brought-in by the Contracting Party. The liability of the landlord shall come into force only where the items have been submitted to the landlord or to persons authorized by the latter or have been put at a place indicated by the landlord or designated for that purpose. If the landlord fails to certify the above, the landlord shall be liable in the cases of personal guilt or guilt of its employees, as well as any incoming or outgoing persons. The landlord shall be liable pursuant to Article 970, para 1 of the General Civil Code to the maximum amount stipulated by the Federal Law dated 16th Nov 1921 on the liability. The amount of any possible liability off the landlord shall be limited to maximum the insurance amount under the “third-party liability” insurance policy of the respective landlord. The guilt of the contracting party or the guest should be taken into account.
Any liability of the landlord for ordinary negligence shall be excluded. If the Contracting Party is an undertaking, any liability for gross negligence shall also be excluded. In such cases, the Contracting Party shall bear the burden of proof for the presence of guilt. On no occasion shall any consequential loss or damages, as well as lost profits be compensated.
The landlord shall be liable for any valuables, money or securities only to the amount of EUR 750.00. The landlord shall be liable for any damages exceeding the above only in case such items have been accepted for storage with the knowledge of their nature or in case such damages are incurred through its personal fault or the fault of its representatives. The limitation of the liability shall apply accordingly.
It is explicitly clarified, that submission at the place for deposition shall constitute no grounds for the existence of an agreement for safe keeping. In case of loss or damage to vehicles parked or maneuvering on the territory of the boarding-house and any property therein contained, the landlord shall bear no liability, unless intent or gross negligence is blamed on him. This is applicable also for the executive staff of the boarding-house. The limitation of the liability under shall apply accordingly.
In any case of accepted storage, the liability shall be excluded, if the Contracting Party and/or the guest have failed to notify the landlord for any damages incurred immediately after awareness thereof. Moreover, such claims should be lodged through the court within three years after awareness or possible awareness by the Contracting Party, the Guest respectively; otherwise the right shall lapse.
Article 9: Limitation of Liability
If the contracting party is a consumer, any liability of the landlord for ordinary negligence shall be excluded, except for damages resulting form death, body injury or health impairment.
If the Contracting Party is an undertaking, any liability of the landlord for ordinary or gross negligence shall be excluded. In such cases, the Contracting Party shall bear the burden of proof for the presence of guilt. No consequential loss, nonmaterial damages or remote damages, as well as lost profits shall be compensated. Any damage subject to compensation shall in all cases be limited to the amount of the compensation for damages incurred on the grounds of reliance in the validity of the agreement.
Any items left behind by clients shall be sent additionally only in case of client acceptance of shipping risks and at the account of the client. In this respect, any liability on our behalf shall be excluded.
Article 10: Access of Pets
Any presence of pets at the boarding-house shall be allowed only upon prior approval by the Hotelkeeper and against additional pay.
The Contracting Party, taking along its pets, shall undertake to take care of them, respectively duly supervise them during its stay or assign third parties to take care, respectively supervision thereof at its own account.
The Contracting Party, respectively the guest, taking along its pets should have the corresponding “third party liability for animals”, respectively private “third party liability”, covering any possible damages incurred by animals. The certificate for the corresponding insurance shall be presented to the landlord upon request.
The Contracting Party, its insurer shall be jointly liable before the landlord for any damages, incurred by any pets brought-in. The damages shall also include in particular any indemnities due by the Hotelkeeper to third parties.
Article 11: Extension of the Accommodation Period
The Contracting Party shall not be entitled to extension of its stay. Should the Contracting Party express on a timely basis its wish to extend its stay, the landlord may agree to extend the period of the Accommodation Agreement. However, the landlord shall have no obligation thereof.
If as on the date of departure, the Contracting Party is unable to leave the boarding-house, as all transportation means are blocked or unusable due to unforeseen circumstances (ex. heavy snowfall, flood etc.), the period of the Accommodation Agreement shall automatically be extended with the duration of the impossibility to depart. Any decrease in the price for the said period shall be possible, only where due to extraordinary atmospheric conditions the Contracting Party may not use in full the services offered by the boarding-house. The landlord shall be entitled to require at least the price corresponding to the amount usually charged outside the active season.
Article 12: Termination of the Accommodation Agreement – Early Termination
If the Accommodation Agreement has been concluded for a definite term, it shall terminate upon its expiration.
If the Contracting Party departs before the agreed date, the landlord shall be entitled to require the total agreed price. The landlord will deduct from the said price any amounts saved as a result of failure to use the services offered or any amounts received by him from renting the booked rooms to other persons. Savings shall be present only where as of the moment of failure to use the premises booked by the guest, there is no free capacity at the boarding-house and where due to the cancellation by the Contracting Party the premises may be rented to other guests. The burden of proof for the presence of savings shall be born by the Contracting Party.
The death of the guest shall lead to termination of the agreement with the landlord.
The landlord shall be entitled to terminate the Accommodation Agreement with immediate effect for a significant cause mainly where the Contracting Party, respectively the guest
incurs significant damages to the premises during use or by his unscrupulous, indecent or even gross unbecoming behavior, annoys the other guests, the owner, his staff or any third parties living or visiting the boarding-house, or commits indictable offence against such persons, against the property, the ethical norms or the bodily inviolability;
is infected by a contagious disease or another disease outside its stay at the boarding-house or needs care otherwise;
fails to pay any invoices submitted when they fall due within a reasonable term (3 days).
In case the performance of the agreement becomes impossible due to circumstances assessed as force majeure (ex. natural calamities, strike, lockout, administrative measures etc.), the landlord may at any time terminate the Accommodation Agreement without any notice, unless the agreement is already deemed terminate by law or the landlord is released from its obligation for accommodation. Any possible claims by the Contracting Party for compensation for damages etc. shall be excluded.
Article 13: Illness or Death of the Guest
If during his stay at the boarding-house the guest falls ill, upon the request of the latter the landlord or its representative shall provide information and assistance towards finding medical service. If any delay presents risks, the landlord shall organize medical service also without the explicit consent of the guest, especially if this is necessary and the guest is unable to take care about it by himself.
While the guest is unable to take decisions by himself or no contact with his family members is possible, the Hotelkeeper shall provide medical service at the account of the guest. However, such extraordinary measures shall be terminated as of the moment where the guest is able to take decisions by himself or his family members have been notified about his condition.
The landlord shall be entitled to reimbursement by the Contracting Party and the guest, and in case of death – by their legal successors of the following expenses
any outstanding bills for medical service, transportation of the patient, medicines and auxiliaries;
any disinfection needed for the premises;
any covers, bed linens or bedroom equipment that has become unusable, otherwise or due to the disinfection or thorough cleaning of such items;
any restoration of walls, furniture, carpets etc. in case they have been soiled or damaged due to the illness or the occurrence of death;
any rent of the room, in case the room has been used by the guest, plus any days of possible impossibility to use the premises due to disinfection, cleaning etc.;
any other possible damages incurred for the landlord.
Article 14: Place of Performance, Court of Jurisdiction and Governing Law
The place of performance shall be where the boarding-house is located.
This Agreement shall be governed by the Austrian formal and substantive law precluding the provisions of the international private law (in particular the Federal Law on the international private law and the Rome Convention on the law applicable to contractual obligations), as well as the UN Convention on contract for the international sale of goods.
In case of transactions between two undertakings the exclusive court of jurisdiction shall be according to the seat of the landlord, and in addition the latter shall be entitled to lay claims also before any locally and factually competent court.
If the Accommodation Agreement is concluded with a contracting party, who is a consumer with domicile, respectively permanent residence in Austria, any claims against the consumer may be laid only according to the domicile, permanent residence or place of business of the consumer.
If the Accommodation Agreement is concluded with a contracting party, who is a consumer with domicile in a Member State of European Union (excluding Austria), Iceland, Norway or Switzerland, the locally or factually competent court of the consumer’s domicile shall have exclusive competence for any claims lodged against the consumer.
Article 15: Miscellaneous
Unless otherwise provided for by the preceding provisions, the terms shall begin to expire as of the moment of handing in to the contracting party of the document, determining the term to be observed. When calculating any term defined in days, the day on which the moment or the event marking the commencement of the term falls, shall be excluded. Any terms defined in weeks or months shall refer to that day of the week or the month, which by its name or number corresponds to the day, which is used to count the term. If there is no such date in the month, the last date of the month shall be valid.
Any statements should be received by the other Contracting Party on the last day of the term (0:00 a.m.).
The landlord shall be entitled to deduct any receivables of the Contracting Party from its own receivables. The Contracting Party shall not be entitled to deduct any receivable of the landlord from its own receivables, unless the landlord is insolvent or the receivable of the Contracting Party has been ascertained by court ruling or acknowledged by the landlord.
In case of any gaps in the agreement, the respective legal provisions shall apply.
In case of discrepancies and interpretive ambiguities, the original German language version of this Terms & Conditions Agreement prevails.