1. Scope

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These general terms and conditions apply to all services that are agreed between I. & C. Errichtungs- und Betriebsgesellschaft m.b.H. or Hotel Smart Liv'in Böheimkirchen (hereafter Hotel Smart Liv'in Böheimkirchen) and third parties (hereafter Gguest).

These terms and conditions apply in particular to contracts regarding the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided to the Guest by Hotel Smart Liv'in Böheimkirchen. The contract is only concluded based on these conditions. Any terms and conditions of the Guest shall not apply.

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2. conclusion of contract; partner; cpntractual liability;

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By reserving a hotel room, the Guest offers Hotel Smart Liv'in Böheimkirchen the conclusion of an accommodation contract. If available, the Guest will receive a reservation or booking number from Hotel Smart Liv'in Böheimkirchen. Hotel Smart Liv'in Böheimkirchen does not send reservation or booking confirmations by post. The contract is concluded upon receipt of the reservation or booking number by the Guest, payment by the Guest or at the latest when the access authorisation is handed over or transmitted to the Guest. The Guest shall be informed that reservation or booking numbers from third parties (e.g. Internet portals or booking platforms) do not have to be the same and do not trigger the conclusion of a contract. Hotel Smart Liv'inBöheimkirchen shall be free to confirm the room booking in writing and/or to conclude the contract subject to the condition that the contracting partner makes a down payment or pays in advance. The rates of all booked services must always be paid in advance by the Guest, at the latest upon arrival at the Hotel Smart Liv'in Böheimkirchen.

The contracting partners are Hotel Smart Liv'in Böheimkirchen and the Guest. If a third party has made a booking on behalf of the Guest, then this third party shall be jointly and severally liable to Hotel Smart Liv'in Böheimkirchen together with the Guest for all obligations arising from the accommodation contract.

By concluding an accommodation contract, the Guest only acquires the right to normal use of the rented rooms and facilities. Subletting or re-letting the rooms provided, and using them for purposes other than accommodation, is not permitted.

Offers from Hotel Smart Liv'in Böheimkirchen are subject to change and non-binding. Hotel Smart Liv'in Böheimkirchen is entitled to refuse the conclusion ofan accommodation contract with a Guest at its own discretion.

Newspaper advertisements, other advertising measures and publications relating to Hotel Smart Liv'in Böheimkirchen generally require the written consent of Hotel Smart Liv'inBöheimkirchen.

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3. Service, provision, handover and return of rooms

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Hotel Smart Liv'in Böheimkirchen is obliged to keep available the rooms booked by the Guestand to provide the agreed services on condition that the Guest meets his payment obligation. The Guest is not entitled to the provision of a specific room. He is only entitled to the provision of a hotel room in the room category he has booked.

Reserved rooms are available to the Guest from 3pm on the day of arrival and until 11am on the day of departure.

The rooms must be vacated on the day of departure. According to this, Hotel Smart Liv'inBöheimkirchen can charge 100% of the full accommodation rate (listed rate) for additional use of the room in addition to the damage it has suffered as a result.

If the Guest does not show up (no show), the full amount of the booked stay minus any saved expenses will be charged.

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4. Rates, taxes, charges

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The Guest is obliged to pay Hotel Smart Liv'in Böheimkirchen the applicable or agreed rates for room rental and other services used by the Guest. This also applies to third-party services arranged and used by the Guest and thus related expenses incurred by Hotel Smart Liv'inBöheimkirchen.

The agreed rates include all statutory taxes, fees, and duties. Hotel Smart Liv'in Böheimkirchenreserves the right to adjust these rates accordingly in the event of changes to tax, fee and duty rates and the effective levying of new taxes, fees and duties previously unknown to the parties..

If the period between conclusion of the contract and fulfilment of the contract is more than 4 months, and if the rate generally charged by Hotel Smart Liv'in Böheimkirchen for such services increases, Hotel Smart Liv'in Böheimkirchen may raise the contractually agreed rate reasonably, but by no more than 15%. The rates may also be changed by Hotel Smart Liv'in Böheimkirchenif the Guest subsequently wishes to change the number of guests or rooms or the room category, the hotel's services, or the length of stay of the guests, and Hotel Smart Liv'in Böheimkirchenagrees to this.

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5. Means of payment

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Valid means of payment are cash in euros, debit card (EC card) and credit cards (Mastercard, Visa, American Express, Diners Club) in euros. As with debit cards, credit cards also require a PIN codet is not possible to provide services with payment at a later point.

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6. Terms of use

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The Guest must treat the hotel room with care and consideration. He must show consideration for other hotel guests. Breakfast can only be consumed in the designated public areas. It is not possible to take away the breakfast items offered.

Children under the age of 14 must be supervised by an adult guest at all times during their stay at the hotel.

Employees and authorised representatives of Hotel Smart Liv'in Böheimkirchen are entitled to enter the hotel room during the Guest's stay for the purpose of cleaning and maintenance, to carry out repair work and the like.

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7. No smoking in the hotel, fire alarm system

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Hotel Smart Liv'in Böheimkirchen is a non-smoking property. Smoking is therefore prohibited throughout the building. In the event of an infringement, Hotel Smart Liv'in Böheimkirchen has the right to claim from the Guest a separate amount of EUR 300.00 as compensation for cleaning costs, including any loss of revenue from not being able to rent out the room as a result.

In the event of a fire alarm due to the fault of the Guest, all costs that are directly related to this, such as the deployment of the fire department or the follow-up costs to restore the operating status, are borne solely by the Guest.

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8. Pets

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Bringing pets requires the consent of Hotel Smart Liv'in Böheimkirchen. If Hotel Smart Liv'inBöheimkirchen agrees to bringing a pet, this is provided that the pet is under the constant supervision of the Guest, that it is free from illnesses and does not otherwise pose a risk to hotel guests and hotel staff. There is a fee per pet and night, the amount of which Hotel Smart Liv'inBöheimkirchen will inform the Guest upon request, at the latest when the accommodation contract is concluded.

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9. Withdrawal by the Guest (cancellation)

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Cancellation by 6pm CET on the day of arrival is free of charge. After that, the full rate for the night will be charged. For group reservations (from six rooms) and for reservations and bookings made by third parties (Internet portals, booking platforms), there are separate cancellation terms. For rooms not used or in case of early departure, 100% of the total amount will be charged.

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10. Illness or death of the guest

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If a Guest falls ill during their stay at the accommodation establishment, Hotel Smart Liv'inBöheimkirchen will arrange for medical care at the Guest's request. If there is an imminent risk, Hotel Smart Liv'in Böheimkirchen will arrange medical care even without the Guest's special request, in particular if this is necessary and the Guest is unable to do so himself.

As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, Hotel Smart Liv'in Böheimkirchen will arrange for medical care at the Guest's expense. However, the scope of these precautionary measures ends when the Guest regains the ability tomake decisions or relatives have been notified of the illness.

Hotel Smart Liv'in Böheimkirchen shall be entitled to claims for compensation against the contracting partner and the Guest or, in the event of death, against their legal successors in particular for the following costs:

- due medical expenses, costs for patient transport, medicines and medical aid.

- room disinfection that has become necessary.

- unusable linen, bed linen and bed equipment, otherwise for the disinfection or thorough cleaning of all these items.

- restoration of walls, furnishings, carpets, etc. insofar as they were contaminated or damaged in connection with the illness or death.

- room rental, insofar as the room was used by the Guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc.

- any other damage incurred by Hotel Smart Liv'in Böheimkirchen.

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11. Cancellation by the hotel

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Hotel Smart Liv'in Böheimkirchen is entitled to withdraw from the accommodation contract if the Guest does not pay the dueadvance and/or deposit payment on time or in full. Hotel Smart Liv'in Böheimkirchen may also withdraw from the contract for objectively justified reasons if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract, if rooms are booked using misleading or false information with regard tomaterial facts, e.g. regarding the person of the Guest or the purpose, there is reasonable ground to assume that the use of hotel services jeopardise the smooth running of the business without this being attributable to the hotel's sphere of control or organisation, or there is a material breach of these General Terms and Conditions. Hotel Smart Liv'in Böheimkirchen must inform the Guest of the exercise of the right of withdrawal without delay. In the event of justified cancellation by the hotel, the Guest shall not be entitled to compensation or a reduction of the agreed rate.

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12. Liability of Hotel Smart Liv'in Böheimkirchen

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Hotel Smart Liv'in Böheimkirchen shall be liable for its obligations under the contract. If the Guest is a consumer, the hotel's liability for slight negligence, except for personal injury, is excluded. If the Guest is an entrepreneur, the hotel's liability for slight negligence is excluded. In this case, the Guest bears the burden of proof that the fault exists. Consequential damage, immaterial damage, indirect damage, and lost profits will not be compensated. In any case, the damage to be compensated is limited to the amount of legitimate interest. This limitation of liability applies to all cases of potential compensation.

Should interruptions or deficiencies occur in the hotel's services, Hotel Smart Liv'inBöheimkirchen will endeavour to remedy the situation as soon as it is aware of or upon immediate complaint by the Guest. The Guest is obliged to make reasonable contributions to remedy the interruption, and to keep any possible damage to a minimum. In addition, the Guest is obliged to inform Hotel Smart Liv'in Böheimkirchen in good time of the possibility of an exceptionally high level of damage being incurred.

According to legal provisions, the hotel is liable for items brought into the hotel by the Guest.Here “Proprietor’s liability in accordance with Sections 970 et seqq. Austrian General Civil Code (ABGB)”., This means that the hotel proprietor is liable for belongings brought by the guests up to the legal amounts. The maximum amount of liability of Hotel Smart Liv'in Böheimkirchen is limited to the liability insurance sum of Hotel Smart Liv'in Böheimkirchen.

Providing the Guest with a parking space in the hotel car park does not result in a safekeeping contract. There is no monitoring obligation on the part of Hotel Smart Liv'in Böheimkirchen. Except in the event of intent or gross negligence, Hotel Smart Liv’in Böheimkirchen shall not be liable for loss or damage of motor vehicles, and their content, that are parked or manoeuvred on the hotel’s premises. This also applies to vicarious agents of the hotel.

Messages, mail, and shipments of goods for guests are only accepted by Hotel Smart Liv'inBöheimkirchen to the exclusion of liability. The Guest is strongly advised not to store or leave cash, jewelry, or valuables unattended in the hotel room or in a parked vehicle. Should the Gguest nevertheless do so, Hotel Smart Liv'in Böheimkirchen assumes no liability for theft or loss.

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13. CCTV

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By booking, the Guest or contracting partner accepts that CCTV is used in all public areas.

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14. Final provisions

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Amendments or additions to the contract, application acceptance or these terms and conditions for hotel accommodation must be made in writing. A change of form must also be made in writing. Unilateral changes or additions by the Guest are ineffective. The place of fulfilment and payment is the registered office of the hotel.

The exclusive place of jurisdiction in commercial transactions is the registered office of the hotel. In the case of consumers, the place of jurisdiction of the consumer applies. Austrian law applies, excluding conflict of laws rules and UN sales law. In the event of regulatory gaps, the corresponding legal provisions apply. Should one of the above provisions be ineffective, this does not affect the validity of the other provisions The invalid provision shall be replaced by a valid provision which, as far as possible, takes account of the intention of the invalid provision..