§ 1 Scope
1.1 The following general terms and conditions regulate the contractual relationship between "FeWo in der Kiese Hard", represented by Dirk Schweighofer (hereinafter referred to as "Accommodation provider") and the users of the website, as well as visitors to the accommodation (hereinafter referred to as "Contractual partner" and "Guest"). The T&Cs apply to all vacation rental bookings made through the Accommodation Provider’s website, including bookings through third-party providers such as Airbnb and Booking.com.
1.2 These conditions are derived from the general terms and conditions for the hotel industry (hereinafter "AGBH 2006") and lean heavily on them.
§ 2 Definitions of terms
2.1 Definition of terms:
"Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
“Guest”: is a natural person who uses accommodation. The guest is usually also the contractual partner. Those persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
"Contractual partner": Is a natural or legal person in Germany or abroad who concludes an accommodation contract as a guest or for a guest.
"Accommodation contract": Is the contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.
§ 3 Conclusion of Contract - Down Payment
3.1 The accommodation contract is concluded when the accommodation provider accepts the order and sends the booking confirmation to the contractual partner. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access is granted during the business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract under the condition that the contractual partner pays the full invoice amount as a down payment. With the note on the booking platform and the subsequent booking, the contractual partner agrees to the down payment and the accommodation contract is concluded with the acceptance of the accommodation provider.
3.3 The contractual partner is obliged to pay the down payment no later than 14 days (receipt) after the invoicing. If the arrival time is shorter than 14 days, the amount must be received before arrival, otherwise access to the accommodation cannot be granted. The contractual partner bears the costs for the money transaction (e.g. transfer fees). The terms and conditions of the card companies apply to credit and debit cards.
3.4 The down payment is a full payment of the agreed fee. Payable via PayPal or bank transfer. On-site payments are not possible.
3.5 The contractual partner must pay the tourist tax, which can also be claimed separately, before arrival for all travelers; a corresponding payment request will be sent. For technical reasons and to simplify system maintenance, it may happen that a tourist tax is required for exempt persons (children, workers, etc.). These costs are then to be viewed and paid as a processing fee.
§ 4 Beginning and end of accommodation
4.1 Unless the accommodation provider offers a different reference time, the contractual partner has the right to move into the rented rooms from 5 p.m. on the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 10:00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms are to be vacated by the contractual partner by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in a timely manner.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a down payment and if the down payment was not made by the contractual partner on time, the accommodation provider can withdraw from the accommodation contract without a grace period.
5.2 If the guest does not appear by 12:00 p.m. on the day following the agreed arrival date, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 The accommodation contract can be canceled by the accommodation provider at any time by means of a unilateral declaration for objectively justified reasons, such as security, reputation and action concerns.
Withdrawal by the contractual partner – cancellation fee
5.4 Up to 5 days before the agreed arrival date of the guest, the accommodation contract can be canceled without payment of a cancellation fee by a unilateral declaration by the contractual partner.
5.5 Outside of the period specified in § 5.4. specified period, withdrawal by unilateral declaration by the contractual partner is only possible with payment of the following cancellation fees: 100% of the total package price. impediments to arrival
5.6 If the contracting party is unable to appear at the accommodation facility on the day of arrival because unforeseeable, exceptional circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contracting party is nevertheless obliged to pay the agreed fee for the days of arrival, except for the Accommodation lies in this disability.
5.7 The obligation to pay the fee for the booked stay is revived once arrival is possible if arrival becomes possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider can provide the contractual partner or the guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
6.2 A factual justification is given, for example, if the room(s) has (have) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
§ 7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are accessible to the guests for use in the usual way and without special conditions, and to the usual service. The contractual partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts that have arisen due to the separate use of services by him and/or the guests accompanying him, plus statutory sales tax, at the latest by the time of arrival.
8.2 The contractual partner is obligated to do the online check-in for himself and all souvenirs before arrival so that the registration form can be created, otherwise access can be denied.
8.3 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted as payment at the daily exchange rate if possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.4 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contractual partner. The contractual partner is also liable for consequential damage caused by not reporting in good time.
8.5 It should be noted that there is an absolute smoking ban in the entire building, and if the fire detection system is not observed or triggered, the contractual partner must be expected to pay compensation.
8.6 Check-in and check-out takes place via an automated locking system, with which the contractual partner receives a personal PIN code. This PIN code must not be passed on and is the full liability of the guest. Compensation can be claimed for careless handling or disclosure of the PIN code.
8.7 The contractual partner is liable for children brought in and their duty of care.
§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears with it, the accommodation provider has the statutory right of retention in accordance with Section 970c ABGB and the statutory right of lien in accordance with Section 1101 ABGB on the items brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claims from the accommodation contract, in particular for other expenses made for the contractual partner and for any claims for compensation of any kind.
9.2 The accommodation provider has the right to billing or interim billing for its services at any time.
9.3 The accommodation provider has the right to record the parking lot and the entrance areas using video surveillance for security and property protection. The recorded data will be treated in accordance with the applicable data protection regulations and will only be used for security purposes.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent that corresponds to his standard.
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is not liable for the items brought in by the contractual partner. This also applies to the parking space provided.
11.2 The liability of the accommodation provider is excluded due to private rental. In any case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The accommodation provider may refuse to keep valuables, money and securities in safekeeping if the items in question are significantly more valuable than the guests of the accommodation facility in question usually leave in safekeeping.
11.4 In any case of assumed storage, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage that has occurred.
§ 12 Limitations of Liability
12.1 The liability of the accommodation provider is excluded because of private rental. In any case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the level of trust.
§ 13 animal husbandry
13.1 Animals may not be brought into the accommodation facility.
§ 14 Extension of accommodation
14.1 The contractual partner is not entitled to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable, extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the unusual weather conditions. The accommodation provider is entitled to demand at least the amount that corresponds to the price usually charged.
§ 15 Termination of the Accommodation Contract – Premature Termination
15.1 If the accommodation contract was concluded for a specific period of time, it ends when the period has expired.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee.
15.3 The contract with the accommodation provider ends with the death of a guest.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the contractual partner or the guest
a) makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly indecent behavior towards the other guests, the owner, his people or the third parties living in the accommodation facility, spoils the living together or commits a punishable offense towards these people guilty against property, morals or physical safety;
b) is affected by an infectious disease or an illness that goes beyond the duration of the accommodation or otherwise requires care;
c) the submitted invoices are not paid within a reasonable period of time (3 days) when they are due.
15.6 If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already considered terminated by law , or the accommodation provider is released from his accommodation obligation. Any claims for damages etc. by the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay in the accommodation facility, the accommodation provider will provide medical care at the guest's request. If there is imminent danger, the accommodation provider will also arrange for medical care without the guest's special request, especially if this is necessary and the guest is unable to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Accommodation Provider will provide medical treatment at the Guest's expense. However, the scope of these care measures ends at the point in time at which the guest can make decisions or the relatives have been informed of the illness.
16.3 The accommodation provider has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successor, in particular for the following costs:
a) Outstanding medical expenses, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., insofar as these were contaminated or damaged in connection with the illness or death,
e) Room rent, insofar as the room was used by the guest, plus any days that the room cannot be used due to disinfection, clearance or similar,
f) any other damage incurred by the accommodation provider.
§ 17 Place of Performance, Place of Jurisdiction and Choice of Law
17.1 The place of fulfillment is the place where the lodging establishment is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) and UN sales law.
17.3 The exclusive place of jurisdiction is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and factually competent court.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a period begins upon delivery of the document ordering the period to the contractual partner who is responsible for observing the period. When calculating a period, which is determined by days, the day in which the point in time or the event falls, on which the beginning of the period should be based, is not counted. Deadlines determined by weeks or months refer to that day of the week or month which, by its name or number, corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations must be received by the other contractual partner on the last day of the period (24 hours).
18.3 The accommodation provider is entitled to offset claims of the contractual partner with its own claims. The contractual partner is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contractual partner has been determined by a court or recognized by the accommodation provider.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.
As of January 5, 2024
