gtc 2014 english

7/27/2019 Gtc 2014 English

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January 2014 FMTG Services GmbH, A-1100 Wien/Vienna, Columbus 7-8, ATU64058147

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

V. Price adjustment............................................................................................. 2

VI. Withdrawal by the Customer (cancellation, rescission).......................................... 3

VII. Withdrawal by the Hotel.................................................................................... 3

VIII. Hotel liability................................................................................................... 3

IX. Final provisions................................................................................................ 4

I . A r e a o f a p p l i ca t i o n

1. These General Terms and Conditions apply to all services agreed with the respective operatingcompanies (Hotels) belonging to Falkensteiner Hotels & Residences.

2. These General Terms and Conditions apply in particular to contracts relating to the rental ofhotel rooms for accommodation, and to all other services and goods provided to the Customerby the Hotel.

3. These are the exclusive Terms and Conditions of the contract. The General Terms andConditions of the Customer shall not apply.

I I . Co n c l u s i o n o f co n t r a c t ; c o n t r a c t u a l p a r t n e r s ; l i a b i l i t y

1. The contract shall come into effect when the Hotel accepts the Customer’s reservation. TheHotel shall be at liberty to confirm the room reservation in writing and/or to conclude thecontract on the condition that the contractual partner makes a down payment or pays theapplicable fee in advance.

2. The contractual partners are the Hotel and the Customer. If an Agent has made thereservation on behalf of the Customer, the Agent shall be a joint debtor with the Customer inrespect of all obligations arising from the accommodation contract.

3. The conclusion of an accommodation contract shall entitle the contractual partner solely tostandard use of the rented rooms, the facilities that are usually accessible to guests withoutany 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 thanaccommodation, requires the prior written consent of the Hotel.

5. The Customer shall undertake to inform the Hotel without delay and without being requestedto do so, but by no later than the time at which the contract is concluded, if the required useand/or the planned event to be held in the Hotel will arouse public interest or have an adverseimpact on the Hotel due to its political, religious or other nature.

6. Any newspaper advertisements, promotional activities or publications which contain areference to the Hotel require the written consent of the Hotel.

7. If the Customer breaches the duty to provide information in accordance with Paragraph 5, or ifpublication occurs without the consent as outlined in Paragraph 6, the Hotel shall be entitled toprohibit the use of the material or to cancel the event.

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I I I . Se r v i ce , p r o v i s io n o f r o om s , o c cu p y i n g a n d v a c a t in g r o om s

1. The Hotel shall be obliged to make the reserved rooms available to the Customer and torender the agreed services, provided that the Customer fulfils his/her payment obligation.

2.

The Customer shall not be entitled to the provision of specific rooms.

3. Reserved rooms shall be available to the Customer from 15:00 on the agreed arrival date. TheCustomer 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 fullaccommodation rate (list price) until 18:00, and 100% of the rate after 18:00. The Customeris at liberty to demonstrate to the Hotel that it has incurred no loss or much lower losses.

I V . Pr i ce s , p a ym e n t , o f f s e t t i n g , s t a t u t o r y l im i t a t i o n

1. The Customer shall be obliged to pay the applicable or agreed Hotel price for the roomsprovided 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 beentitled to cancel the accommodation contract with immediate effect.

6. The contractual partner shall pay any outstanding charges by no later than the time ofdeparture.

7. If payment is delayed, the Hotel shall be entitled to charge interest at 8% above the base ratep.a. or at 5% p.a. for consumers. The Hotel reserves the right to claim for additional lossesincurred 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 beentitled to apply the statutory right of retention in accordance with Section 970c of theAustrian Civil Code (ABGB) and the statutory lien in accordance with Section 1101 of the ABGBto the contractual partner.

10. The statutory period of limitation for all Customer claims shall be one year. The statutorydeadline shall apply to consumers.

V . Pr i ce a d j u s t m e n t

1. If there is a 4-month period between conclusion and fulfilment of the contract, and if the rategenerally charged by the Hotel for services of this nature increases, the contractually agreedprice 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.

V I . W i t h d r a w a l b y t h e Cu s t o m e r ( c an c e l l a t io n , r e s ci ss io n )

1. The Customer shall only be entitled to withdraw from the contact upon the payment of thefollowing 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 theday of arrival, 90% of the total amount of he booked stay/package will be charged. In case ofa no-show, unused rooms or an early departure, we reserve the right to charge 100% of thetotal amount.

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Wellness Hotels (Hotel Bad Leonfelde, Bad Waltersdorf, Bleibergerhof, BalanceResort Stegersbach, Grand Spa Marienbad, Schlosshotel Velden as well as Croatiaand Serbia):Cancellation until 7 days before arrival is free of charge. In case of a cancellation within 7 daysbefore arrival, we will charge the following cancellation fees:6 to 4 days before arrival: 45% of the total amount of the booked stay3 days to 1 day before arrival: 75% of the total amount of the booked stayOn the day of arrival: 90% of the total amount of the booked stayIn case of a no-show, unused rooms or an early departure, we reserve the right to charge100% of the total amount. In case of an early departure or a late arrival, no refund onpackage arrangements is possible.

Wellness Hotels (Hotel Carinzia, Schladming, Sonnenalpe in summer): Cancellation until 14 days before arrival is free of charge. In case of a cancellation within 14days before your arrival, we will charge the following cancellation fees:13 to 7 days before arrival: 45% of the total amount of the booked stay6 days to 1 day before arrival: 75% of the total amount of the booked stayOn the day of arrival: 90% of the total amount of the booked stay In case of a no-show, unused rooms or an early departure, we reserve the right to charge100% of the total amount. In case of an early departure or a late arrival, no refund on

package arrangements is possible.

Family Hotels (Hotel Cristallo, Funimation Katschberg, edel:weiss, Sonnenalpe inwinter): 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 stay27 to 7 days before arrival: 30% of the total amount of the booked stay6 days to 1 day before arrival: 75% of the total amount of the booked stayOn the day of arrival: 90% of the total amount of the booked stayIn case of a no-show, unused rooms or an early departure, we reserve the right to charge100% of the total amount. In case of an early departure or a late arrival, no refund onpackage arrangements is possible.

2. 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, orthat any loss incurred was less than the required payment amount. The Hotel shall likewise beat liberty to provide evidence that it incurred a greater loss.

V I I . W i t h d r aw a l b y t h e Ho t e l

1. Insofar as the Customer’s right of withdrawal within a specified period has been agreed inwriting, the Hotel shall be entitled to withdraw from the contract during this period if itreceives enquiries from other Customers in respect of the contractually reserved rooms, andthe 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 isnot made on time.

3. Moreover, the Hotel shall be entitled to effect an extraordinary cancellation of the contract foran objectively justified reason, e.g.: If force majeure or other circumstances beyond the control of the Hotel make it impossible tofulfil the contractIf rooms are reserved with misleading or false information regarding key facts, such as theidentity of the Customer or the rental purposeIf the Hotel has reasonable grounds to believe that the Customer’s use of the Hotel’s servicesmight jeopardise the smooth operation of the Hotel, where this is not within the Hotel’s controlor 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.

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V I I I . H o t e l l i a b i l i t y

1. The Hotel shall be liable for its obligations under the terms of the contract. If the Customer isa 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 suchcases, 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 bereimbursed. The losses to be reimbursed shall be limited to the amount of damage caused bya 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 Hotelshall endeavour to rectify these when it becomes aware of them, or when a complaint islodged by the Customer. The Customer shall do whatever can be reasonably expected in orderto 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 accordancewith 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 torefuse the storage of such items if they are of substantially greater value than items usuallysubmitted for storage. The guest must inform the Hotel in advance of the value of items forstorage. 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 thatguests make use of this facility. The Hotel shall be liable up to €550 per loss for items storedin a room safe. The Hotel shall not be held liable if the Customer fails to provide immediatenotification 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, includingthose for which a fee is charged, this shall not constitute a storage contract. The Hotel shallaccept no liability for loss of or damage to motor vehicles parked or manoeuvred on theHotel’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 damageclaims 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 shallassume responsibility for delivery, storage and, for a fee, the forwarding of such items, if sorequested. Any damage claims shall be excluded, except in the event of gross negligence orwilful intent.

I X . F in a l p r o v i s io n s

1. Any modifications or amendments to the contract, the acceptance of an order, or to theseGeneral Terms and Conditions must be made in writing. Any modification of the form mustalso be made in writing. Any unilateral modifications and amendments made by the Customershall 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 Hotelaccommodation be or become invalid or void, the validity of the remaining provisions shallremain unaffected.

gtc 2014 english

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