HOTEL Smart Liv’in Böheimkirchen,
These General Terms & Conditions apply to all services agreed between I. & C. Errichtungs- und Betriebsgesellschaft m.b.H. or Hotel Smart Liv’in Böheimkirchen (hereinafter Hotel Smart Liv’in Böheimkirchen) and third parties (hereinafter Guest).
These General Terms & Conditions apply in particular to contracts regarding the rental provision of hotel rooms for accommodation purposes as well as all other services and supplies carried out by Hotel Smart Liv’in Böheimkirchen for the Guest. The contract is exclusively concluded in accordance with these terms and conditions. Any possible terms and conditions of the Guest do not apply.
2. Conclusion of contract; contracting partners; contractual liability;
By booking a hotel room, the Guest offers Hotel Smart Liv’in Böheimkirchen the conclusion of an accommodation agreement. Subject to relevant availability, the Guest receives 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 shall be deemed as concluded upon receipt of the reservation or booking number, payment by the guest or upon handover or transmission of the access authorisation at the latest. It shall be pointed out that reservation or booking numbers from third parties (e.g. internet portals or booking platforms) are not necessarily identical and do not constitute a conclusion of contract. It shall be at the discretion of Hotel Smart Liv’in Böheimkirchen to confirm a room booking in writing and/or to conclude a contract under the condition that the contracting partner pays a deposit or makes a payment in advance. The Guest must always pay all booked services in advance, but latest upon arrival at Hotel Smart Liv’in Böheimkirchen.
Contracting partners are Hotel Smart Liv’in Böheimkirchen and the Guest. If a third party has booked on behalf of the Guest, then the third party shall be liable towards Hotel Smart Liv’in Böheimkirchen as joint and several debtor for all liabilities arising from the accommodation agreement.
Upon conclusion of the accommodation agreement, the Guest shall be entitled to the usual use of the rented rooms and facilities. Subletting or reletting of the provided rooms as well as the use of those for purposes other than accommodation is not permitted.
Offers of Hotel Smart Liv’in Böheimkirchen are non-binding and subject to change. It shall be at the discretion of Hotel Smart Liv’in Böheimkirchen to refuse the conclusion of an accommodation agreement with a Guest.
Newspaper advertisements, other promotional measures and publications referring to Hotel Smart Liv’in Böheimkirchen always require the written consent of Hotel Smart Liv’in Böheimkirchen.
3. Service, room allocation, check-in and check-out
Hotel Smart Liv’in Böheimkirchen is obliged to provide the rooms booked by the Guest and to perform the agreed services if the Guest has met his payment obligations. The Guest is not entitled to the allocation of a particular room. He is only entitled to the provision of a hotel room in the room category booked by him.
Booked rooms are available to the Guest from 3.00 pm on the day of arrival until 11.00 am on the day of departure.
The rooms must be made available in a vacated state on the day of departure. In case of non-compliance, Hotel Smart Liv’in Böheimkirchen shall be entitled to charge the full room rate (list rate) for the loss incurred due to additional use of the room.
The full amount of the booked stay minus any saved expenditure will be charged if the Guest does not show up (no-show).
4. Rates, taxes, charges, dues
The Guest is obliged to pay Hotel Smart Liv’in Böheimkirchen the applicable or agreed rates for the provision of the room(s) and the services used by the Guest. This also applies to services arranged by the Guest and expenses payable to third parties by Hotel Smart Liv’in Böheimkirchen.
The agreed rates include all statutory taxes, charges and dues. Hotel Smart Liv’in Böheimkirchen reserves the right to amend these rates accordingly in case of changes to the rate of taxes, charges and dues and if new taxes, charges and dues, of which neither party has been aware of, become effective.
If the period between the conclusion of contract and the fulfilment of contract exceeds 4 months, and if the rate charged by Hotel Smart Liv’in Böheimkirchen for such services increases in general, then Hotel Smart Liv’in Böheimkirchen shall be entitled to increase the contractually agreed rate accordingly, but by no more than 15%. Hotel Smart Liv’in Böheimkirchen shall also have the right to amend the rates if the Guest subsequently requests changes to the number of guests or rooms or the room category, the hotel services or the guests’ period of stay, provided Hotel Smart Liv’in Böheimkirchen has agreed to such changes.
5. Payment methods
Accepted means of payment are in cash in Euro, by debit card (EC card) and credit cards (Mastercard, Visa) in Euro. As with debit cards, the PIN code is required in addition for credit card payments. It is not possible to transfer services to invoices payable at a later time.
6. Conditions of use
The Guest shall use the hotel room with due diligence and care. The Guest must show consideration for all other hotel guests. Breakfast is only available for consumption in the designated facilities of the public areas. It is not possible to take away parts of the breakfast.
Children under the age of 14 must always be under the supervision of an adult guest. This applies to the entire hotel and the hotel grounds.
Employees and authorised persons of Hotel Smart Liv’in Böheimkirchen are permitted to enter the hotel rooms for cleaning and maintenance purposes and repair works during the Guest’s period of stay.
7. Smoking at the hotel, fire alarm system
Hotel Smart Liv’in Böheimkirchen is a non-smoking hotel. Thus, smoking is not permitted anywhere in the hotel building. In case of non-compliance, Hotel Smart Liv’in Böheimkirchen shall be entitled to charge the Guest EUR 200.00 as compensation for special cleaning and any loss in revenue due to possible non-occupation of the room.
In case of a fire alarm caused by the Guest, all directly related arising costs, e.g. fire service operation or subsequent costs for restoring the operating status, shall be borne exclusively by the Guest.
Bringing pets along requires the consent of Hotel Smart Liv’in Böheimkirchen. If Hotel Smart Liv’in Böheimkirchen consents to bringing along a pet, then only under the condition that the pet is always supervised by the Guest, that the pet is free of diseases and is not a danger to other hotel guests and the hotel staff. Hotel Smart Liv’in Böheimkirchen charges a fee per pet and night. Hotel Smart Liv’in Böheimkirchen will inform the Guest about the amount of the fee on request or latest at the time the accommodation agreement is concluded.
9. Cancellation by the Guest
There is no charge for a cancellation by 6 pm CET on the day of arrival. The full rate will be charged after that time. Special terms of cancellation apply to group bookings (from six rooms) and to reservations and bookings through third parties (internet portals, booking platforms). The full total amount will be charged for unused rooms or in case of early departure.
10. Illness or death of the Guest
If a Guest falls ill during his stay at the hotel, then Hotel Smart Liv’in Böheimkirchen will arrange for medical care on request by the Guest. In emergencies, Hotel Smart Liv’in Böheimkirchen will arrange for medical care even if not requested by the Guest. This applies in particular to cases where necessary and where the Guest is no longer capable of doing so.
Hotel Smart Liv’in Böheimkirchen will ensure medical treatment at the cost of the Guest as long as the Guest is incapable to make decisions or the relatives of the Guest cannot be contacted. The extent of such care ends at the time when the Guest is capable of making decisions or the relatives have been informed about the event of sickness.
Hotel Smart Liv’in Böheimkirchen shall be entitled to compensation claims towards the contracting partner and Guest, or his legal successors in case of death, concerning in particular the following costs:
- due medical fees, costs for transport by ambulance, medication and medical or therapeutic aids.
- any costs for necessary room disinfection.
- costs for clothes, bedlinen and bedding no longer usable, or costs for disinfection or thorough cleaning of such items.
- restoration of walls, furniture and furnishings, carpets, etc. if such items have become contaminated or damaged in connection with the illness or case of death.
- room rent if the facility was used by the Guest plus any days of non-use of the rooms due to disinfection, cleaning and similar.
- any other damages incurred by Hotel Smart Liv’in Böheimkirchen.
11. Cancellation by the hotel
Hotel Smart Liv’in Böheimkirchen shall be entitled to cancel the accommodation agreement if the Guest fails to pay the owed advance payment and/or deposit in time or in full. In addition, Hotel Smart Liv’in Böheimkirchen shall also have the right to terminate the contract for essentially justified reason, for example, if a higher force or other unforeseen circumstances, for which the hotel is not responsible, make the fulfilment of the contract impossible; rooms and services are booked by the Guest under misleading or false information, for example, about his person or the purpose; there are reasonable grounds to assume that using the service may jeopardise the smooth running of the business, without responsibility on the part of the hotel’s domain and organisation or without a significant breach of these General Terms & Conditions. Hotel Smart Liv’in Böheimkirchen must immediately inform the Guest about using its right to cancel. The Guest is not entitled to compensation or reduction of the agreed payment in case of the justified cancellation by the hotel.
12. Liability of Hotel Smart Liv’in Böheimkirchen
Hotel Smart Liv’in Böheimkirchen is liable for its obligations arising from the contract. The hotel shall not be liable for slight negligence, except personal injury, if the Guest is consumer. The hotel shall not be liable for slight negligence if the Guest is entrepreneur. In this case, the burden of proving fault on part of the hotel shall be borne by the Guest. Consequential damages, intangible losses, indirect damages as well as lost profits will not be compensated. The amount of damage to be compensated shall, in any case, be limited to the integrity interest. This limitation of liability applies to any compensation for damages.
If any faults or deficiencies in the hotel’s services occur, Hotel Smart Liv’in Böheimkirchen shall endeavour to take corrective action upon knowledge or prompt complaint of the Guest. The Guest is, to a reasonable degree, obliged to contribute to the elimination of the fault and to keep possible damage to a minimum. Moreover, the Guest is also obliged to promptly inform Hotel Smart Liv’in Böheimkirchen about any possible development of extraordinarily high damages.
Pursuant to the legal provisions in Sections 970 et seqq. Austrian General Civil Code (AGBG) - proprietor liability, the hotel is liable for the Guest’s property, meaning the proprietor is liable for the Guest’s property up to the statutory amounts. The amount of any possible liability of Hotel Smart Liv’in Böheimkirchen is limited to the maximum liability insurance cover of Hotel Smart Liv’in Böheimkirchen.
Providing the Guest with a parking space in the hotel car park does not constitute a safekeeping contract. A supervisory duty on part of Hotel Smart Liv’in Böheimkirchen does not exist. Except in case of intent or gross negligence, Hotel Smart Liv’in Böheimkirchen shall not be liable for the loss or damage of vehicles, and their content, parked and moved on the premises of the hotel. This also applies to the hotel’s vicarious agents.
Messages, post and delivery of goods for guests shall be accepted by Hotel Smart Liv’in Böheimkirchen only subject to exclusion of liability. It is highly recommended that the Guest does not keep or leave any cash, jewellery or valuable items unattended in the hotel room or parked vehicles. However, Hotel Smart Liv’in Böheimkirchen shall not be liable for loss or theft if the Guest leaves or keeps such items unattended.
Upon booking, the Guest or contracting partner agrees to the use of CCTV in all public facilities.
14. Final provisions
Amendments or additions to the contract, acceptance proposal or these terms and conditions for the provision of hotel accommodation require the written form. An amendment of the form also requires the written form. Unilateral amendments or additions by the Guest are ineffective. Place of fulfilment and payment is the registered office of the hotel.
Exclusive place of jurisdiction in commercial dealings is the registered office of the hotel. The jurisdiction of the consumer applies if the Guest is a consumer. Excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods, Austrian law shall apply. If the terms and conditions contain any regulatory gaps, the relevant statutory provisions apply. The validity of all other provisions shall remain unaffected if any of above-mentioned provisions is deemed ineffective. The invalid provision shall instead be replaced by a provision as similar as possible to the invalid provision.