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General Terms and Conditions (GTC ́s)
OVERVIEW OF CONTENTS
§ 1 Scope of application
§ 2 Definition of terms
§ 3 Conclusion of contract
§ 4 Prices
§ 5 Beginning and end of accommodation
§ 6 Payments and deposit
§ 7 Rescission
§ 8 Keeping of animals
§ 9 Force majeure
§ 10 Duties of the contracting party
§ 11 Rights of the Party
§ 12 Rights of the Proprietor
§ 13 Limitation of liability
§ 14 Liability of the Proprietor for Damage to Items Brought into the Accommodation
§ 15 Termination of the Accommodation Agreement - Early Termination
§ 16 Illness or death of the guest
§ 17 Miscellaneous
§ 18 Complaints
§ 19 Place of performance, place of jurisdiction and choice of law
§ 1 Scope of Application
The following General Terms and Conditions apply to all offers, reservations and contracts relating to all accommodations rented by Common Visual Beteiligungs- GmbH.
§ 2 Definition of terms
Proprietor: Is a natural or legal person who accommodates guests against payment. Guest: Is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. As a guest are also considered those persons who arrive with the contracting party. (e.g.: family members, friends, etc.) Contractual partner: Is a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest. Accommodation contract: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of the contract
- Deposit
The Accommodation Agreement shall be concluded upon the Proprietor's acceptance of the Party's order. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances and the receipt takes place during the announced business hours of the Proprietor. After the start of the trip, the accommodation may not be handed over for use to persons other than those named in the contract, or the use may be assigned, unless this is stipulated in writing between the parties. Until the start of the trip, you may request that third persons enter into the rights and obligations arising from the contract. In this case, you and the new tenant are jointly and severally liable for the travel price as well as the additional costs. In this case, a lump sum of € 15,-- will be owed for administrative expenses and corresponding costs. The accommodation provider is entitled to conclude the accommodation contract under the condition that the contract partner makes a down payment. In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party's declaration of agreement on the payment of the down payment. The down payment is a partial payment of the agreed fee.
§ 4 Prices
With the written booking confirmation you are obliged to pay the stated price. Only the travel price shown in this confirmation is binding for the booking. Discounts and/or special offers can no longer be used once the reservation confirmation has been sent. These must be mentioned (by telephone) or entered (by Internet) when making the reservation. All prices are inclusive of VAT unless otherwise stated. If the value added tax increases after conclusion of the contract and the more than four months later beginning of the journey due to changed legal regulations, then the travel price increases also by the same percentage as the value added tax increase. In addition to the travel price, the cost of final cleaning and linen package (bed linen and hand / bath towels) (mandatory), the locally determined tourist tax and / or other fees, as well as any travel cancellation insurance to be taken out separately before arrival or on site to pay.
§ 5 Beginning and end of the accommodation
The Party shall have the right to move into the rented rooms from 3:00 p.m. to 4:00 p.m. on the agreed day ("arrival day"), unless the Proprietor offers a different reference time. If a chalet/apartment is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay. The rented rooms are to be vacated by the contracting party by 10.00 a.m. on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.
§ 6 Payments and deposit
When reserving a rental property, 40% of the total amount must be paid in advance. The remaining amount of the rental object must be received at the latest 4 weeks before the start of the stay, on the account of the respective facility. For reservations within 4 weeks before the beginning of the stay, the total amount must be paid immediately upon confirmation of the reservation within 14 days. In case of late payment, Common Visual Beteiligungs- GmbH will send a reminder letter and you will have the opportunity to make payment within 7 days. If no payment is made even after this period, the accommodation provider may withdraw from the contract and you will be fully liable for the damages incurred, including costs related to the reservation and cancellation of the contract. Amounts already paid will be offset against these cancellation fees and any compensation due for other expenses.
The accommodation provider requires only at Chalet Gamsglück at the beginning of the stay the payment of a deposit in the amount of 2000€ directly in CASH on site. In case of non-payment, the tenant and his roommates may be denied the use of the accommodation. If you are late with the payment of the deposit, the accommodation provider is entitled to withdraw from the contract with immediate effect (cancellation). The deposit amount will be refunded after departure if you leave the accommodation in order and without any damage. Possible claims for damages do not expire by the refund of the deposit.
§ 7 Withdrawal from the accommodation contract
Rescission by the Proprietor: If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period. If the guest does not show up by 9:00 p.m. on the agreed day of arrival, there shall be no obligation to accommodate the guest unless a later time of arrival has been agreed. If the contracting party has paid a deposit, on the other hand, the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In case of advance payment for more than four days, the accommodation obligation ends from 6 p.m. of the fourth day, the arrival day being counted as the first day, unless the guest gives notice of a later arrival day. The accommodation agreement may be terminated by the Proprietor for objectively justified reasons by means of a unilateral declaration no later than 3 months prior to the agreed date of arrival of the Party, unless otherwise agreed. Cancellation by the Party: Up to 3 months before the agreed date of arrival of the Guest at the latest, the Accommodation Agreement may be cancelled by the Party by unilateral declaration without payment of a cancellation fee. Outside this period, cancellation by unilateral declaration by the Party is possible only upon payment of the following cancellation fees:
Cancellation conditions:
Up to 3 months prior to departure no cancellation fees (refund of deposit).
- 3 months to 1 month before departure 40% cancellation fee
- 1 month to 1 week before departure 70% cancellation fee
- In the last week before departure 90% cancellation fee
- If the borders are closed again due to Corona, or a travel warning is issued for Austria, you will of course not be charged any cancellation fees. In general, we are accommodating and always strive for an amicable solution!
§ 8 Keeping of animals
Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a fee of € 15.00 to € 25.00 per animal and overnight stay. The contract partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his expense. The contractual partner or guest who takes an animal with him/her must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. The proof of the corresponding insurance is to be provided upon request of the accommodation provider. The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the Proprietor which the Proprietor is obliged to make to third parties. Animals are not allowed to stay in the restaurant rooms and wellness area.
§ 9 Force majeure
Force majeure on the part of the Proprietor shall be deemed to exist if performance of the Agreement is prevented - possibly temporarily - in whole or in part by circumstances beyond the control of the Proprietor, for example, among others, threat of war, labor strikes, blockades, fire, flood and other disturbances or events.
§ 10 Obligations of the Party
The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by the Party and/or the guests accompanying the Party plus statutory value-added tax by the time of departure at the latest. The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the daily exchange rate where possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, e.g. inquiries with credit card companies, etc. The Party shall be liable for all costs incurred by the Proprietor in connection therewith. The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons accepting services from the Proprietor with the knowledge or will of the Party.
§ 11 Rights of the Party
By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions accessible to the guests for use, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest regulations (house rules).
§ 12 Rights of the Proprietor
If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind. The Proprietor shall have the right to invoice or interim invoice its performance at any time.
§ 13 Limitation of liability
If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury. If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the contracting party shall bear the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the trust interest.
§ 14 Liability of the Proprietor for Damage to Items Brought into the Accommodation
The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof, the Proprietor shall be liable for its own fault or the fault of its people as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to Section 970 (1) of the Austrian Civil Code (ABGB) at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Party or the Guest fails to immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contract partner or guest shall be taken into account. The Proprietor shall not be liable for slight negligence. If the Party is an entrepreneur, liability shall also be excluded for gross negligence. In this case, the contracting party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances. The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall be liable for any damage exceeding this amount only in the event that he has taken over these items for safekeeping in the knowledge of their condition or in the event that the damage was caused by himself or one of his employees. The Proprietor may refuse to store valuables, money and securities if the items are considerably more valuable than those usually stored by the guests of the accommodation facility. In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the occurred damage from the time of knowledge thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.
§ 15 Termination of the Accommodation Agreement Premature termination
If the accommodation agreement was concluded for a definite period of time, it shall terminate upon expiry of time. If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its service offer or what it has received by renting the ordered rooms to other parties. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of the non-utilization of the rooms ordered by the guest and the room can be rented to additional guests due to the cancellation of the contract partner. The burden of proof of the savings shall be borne by the Contractual Partner. The death of a guest shall terminate the contract with the Proprietor. The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the guest
a) makes a considerably disadvantageous use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, his people or third parties living in the accommodating establishment or is guilty of a punishable act against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease that extends beyond the period of accommodation, or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set time limit (3 days). If the fulfillment of the contract is prevented by an event considered as force majeure (e.g.: Elementary events, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, provided that the Agreement is not already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
§ 16 Illness or death of the guest
If a guest falls ill during his stay in the accommodating establishment, the Proprietor shall arrange for medical care at the request of the guest. If there is imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself. As long as the Guest is not able to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest's expense. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of illness. The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, 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, bedding 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 they have been 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 of unusability of the rooms due to disinfection, evacuation, etc,
f) any other damages incurred by the Proprietor.
§ 17 Miscellaneous
Unless the above provisions provide otherwise, the running of a term shall commence upon delivery of the document ordering the term to the contracting parties, who shall observe the term. If the term is calculated in days, the day in which the time or the event falls, according to which the term is to begin, shall not be counted. Time limits 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 time limit is to be counted. If this day is missing in the month, the last day in this month shall be decisive. Declarations must be received by the other party on the last day of the term (24:00). The Proprietor shall be entitled to set off its own claims against the claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Party's claim has been determined by a court or acknowledged by the Proprietor. In the event of any loopholes, the relevant statutory provisions shall apply. Obvious printing errors do not bind Common Visual Beteiligungs- GmbH. With these general terms and conditions all previous publications become invalid. Common Visual Beteiligungs- GmbH stores personal data, which is used for internal guest management as well as for information and offers.
§18 Complaints
Despite all efforts from Common Visual Beteiligungs- GmbH it can happen that you have a complaint. This complaint must be immediately communicated to the staff, so that they have the opportunity to remedy the situation. Your complaint will be handled with the utmost care.
§ 19 Place of performance, jurisdiction and choice of law
The place of performance is the place where the property is located. This contract is subject to Austrian formal and substantive law excluding the rules of private international law (esp. IPRG and EVÜ) as well as UN sales law. The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
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INFORMATION ACCORDING TO §5 E-COMMERCE LAW:
CONTACT:
Common Visual Beteiligungs-GmbH
GF Lukas Schweinberger
Grabenweg 41
A-6020 Innsbruck
Tel. +43 660 3477206
office@commonvisual.com
CHAMBER AFFILIATION:
Member of the Tyrolean Chamber of Commerce
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