§ 1 Scope of application
1.1 The present General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all services rendered by Lenikus Hotel- und Gastromonie Betriebs GmbH (hereinafter referred to as “Hotelier”) for the benefit of the guest, the event organizer or any other contracting partners. The Hotelier has the right to render its services by way of third parties.
1.2 The GTC shall apply to all types of contracts entered into with the Hotelier, including but not limited to contracts made with the Hotelier regarding hotel accommodation, package tours, accommodation quotas, or events. The GTC shall also apply to all future contracts.
1.3 The GTC of the Contracting Partner shall not apply, irrespective of whether or not the Hotelier expressly objects to them. The Hotelier hereby objects to counter-confirmations by the Contracting Partner referring to such partner’s GTC.
1.4 The present GTC do not exclude special agreements. The present GTC are subsidiary to any such agreements.
§ 2 Definitions
“Hotelier”: an individual or entity providing accommodation for guests against remuneration.
“Guest”: an individual using accommodation. Usually the Guest is also the Contracting Partner. Guests also include those persons
that are accommodated together with the Contracting Partner (e.g. family members, friends etc.).
“Contracting Partner”: a domestic or non-domestic individual or entity that enters into an Accommodation Contract as a Guest or for a Guest, organizes an event or has one organized, reserves rooms for an event, or anything equivalent.
“Accommodation Contract”: a contract made between the Hotelier and the Contracting Partner, the contents of which are specified below.
§ 3 Execution of the contract – Down payment
3.1 In principle, the Accommodation Contract comes about upon acceptance by the Hotelier of the booking requested by the Contracting Partner. The Hotelier may accept the requested booking in writing, orally, in the form of a text message (e-mail, fax), or conclusively by actually rendering the services. Electronic messages shall be deemed to have been received, when the intended recipient may download and receive them under ordinary circumstances, and the receipt of these takes place during the Hotelier’s announced business hours.
3.2 The Hotelier has the right to finalize of the Accommodation Contract subject to a down payment by the Contracting Partner. In this case the Hotelier must inform the Contracting Partner about these conditions prior to accepting the Contracting Partner’s order. If the Contracting Partner agrees to the down payment (in writing), the Accommodation Contract shall be deemed entered into upon the receipt by the Hotelier of the Contracting Partner’s declaration of consent to the down payment.
3.3 In the case of an individual reservation, the Contracting Partner shall make the down payment so it is received at the latest 14 days before the beginning of the booked accommodation. The Contracting Partner shall bear all transaction costs (e.g. transaction related charges). For credit and debit cards, the terms and conditions of the respective card-system operators shall apply.
3.4 The down payment shall constitute a partial payment of the agreed upon remuneration.
3.5 If the Contracting Partner enters into an accommodation quota contract, the Contracting Partner shall be liable for all damage caused by the the end user.
3.6 The subletting, any other form of letting, the gratuitous use by third parties of the rooms made available, or their use for purposes other than accommodation shall only be permitted if expressly permitted by the Hotelier.
§ 4 Start and end of accommodation
4.1 Unless the Hotelier specifies any other time, the Contracting Partner shall be entitled to occupy the rented accommodation as of 4 p.m. on the agreed upon date (“date of arrival”). Should the accommodation not be ready in time, the Contracting Partner is not eligible for a discount.
4.2 If an accommodation is occupied before 8 a.m., the previous night shall be considered the first night of accommodation and is charged at the full price.
4.3 The rented rooms shall be vacated by 12 p.m. noon on the date of departure. The Hotelier shall be entitled to charge an additional day, if the accommodation is not vacated in time. The Contracting Partner shall not be entitled to stay in the accommodation a further night if the hotel is already fully booked for that night.
4.4 The Contracting Partner shall not be entitled to an extension of stay. If the Contracting Partner announces the request for an extension of stay in time, the Hotelier may agree to the extension of the Accommodation Contract. The Hotelier is not obliged to do so. If the Contracting Partner has received an upgrade free of charge, the guest shall not be eligible for this upgrade during extended stay.
4.5 If the Contracting Partner departs prematurely, the Hotelier shall have the right to charge the agreed upon remuneration in full. The Hotelier shall deduct the amounts that are saved from services not used or from income made from renting the booked rooms to other parties. Savings only arise, if the hotel is fully booked during the time the Contracting Partner does not occupy the booked accommodation, and if the accommodation can be sold to other customers as a result of the cancellation. The burden of proving savings shall lie with the Contracting Partner.
4.6 If the Accommodation Contract was entered into for a limited period of time, it shall end upon the expiration of that period.
4.7 If the Accommodation Contract was entered into for an unlimited period of time, the contracting parties may terminate the contract by a notice to be given no later than at 10 a.m. of the third day before the intended end of contract.
4.8 The Hotelier shall have the right to terminate the Accommodation Contract with immediate effect for important reasons, including the Contracting Partner or the Guest
a) using the rooms in a seriously detrimental way, spoiling cohabitation with inconsiderate, indecent or highly improper behaviour towards other guests, the Hotelier, its staff, or third parties living in the hotel, or committing offences under criminal law against the property, morality or physical safety of the aforementioned persons;
b) contracting a contagious disease, or a disease continuing beyond the duration of accommodation, being infected with something or requiring professional care;
c) not paying submitted invoices when due and within a reasonable period of time (7 days).
4.9 If keeping the contract becomes impossible due to circumstances deemed to be beyond one’s control (e.g. a natural disaster, strike, lockout, official orders, etc.), the Hotelier may dissolve the Accommodation Contract at any time without having to give prior notice of termination, given the Accommodation Contract is not already deemed to have been dissolved by law or if the Hotelier is exempt from the obligation to provide accommodation. Claims for damages, etc., by the Contracting Partner shall be impossible.
§ 5 Rescission of Accommodation Contract – Cancellation fee
Rescission by the Hotelier
5.1 If the Accommodation Contract requires a down payment and such a down payment has not been made in time, the Hotelier may cancel the Accommodation Contract without granting a period of grace.
5.2 Unless a later time of arrival was agreed upon, the Hotelier shall have no duty to provide accommodation if the Contracting Partner or Guest does not arrive by 6 p.m. on the agreed upon date of arrival.
5.3 If the Contracting Partner has made a down payment or has provided credit card details as a guarantee, the booked rooms shall be reserved until 12 noon on the day following the date of arrival at the latest. If a down payment was made for more than four days, the duty to provide accommodation shall end at 6 p.m. on the fourth day, whereby the date of arrival is considered to be the first day. This shall apply unless the Guest communicates a later date of arrival.
5.4 The Hotelier may rescind the Accommodation Contract by 3 months before the agreed upon date of arrival of the Contracting Partner. No reason need be given.
5.5 The Contracting Partner may rescind the Accommodation Contract, without having to pay a cancellation fee, no later than 4 p.m., 2 days before the agreed upon date of arrival. The cancellation must be submitted in writing. There is no cancellation option for so-called fixed bookings at bargain prices. No-Shows (non-arrival without prior notification by the Contracting Partner to the Hotelier) shall be charged the full amount of their booking.
§ 6 Provision of substitute accommodation
6.1 The Hotel may make adequate alternative accommodation (of the same quality) available to the Contracting Partner or the Guests if such is deemed acceptable to the Contracting Partner, and if the differences in accommodation are minor and objectively justifiable.
6.2 An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated extend their stay, the establishment is overbooked or if other important operational activities make such a step necessary.
6.3 Additional expenses for alternative accommodation are borne by the Hotelier.
6.4 The Hotelier is permitted to move the Contracting Partner from Hotel LAMEE to Hotel TOPAZZ and vice versa. The Contracting Partner is not entitled to compensation or free cancellation, etc.
§ 7 Rights of the Contracting Partner
7.1 By entering into an Accommodation Contract, the Contracting Partner shall acquire the right to make normal use of the rented rooms and the facilities of the Hotelier that are usually accessible to guests for use without any special conditions and of the usual service. The Contracting Partner shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the Contracting Partner
8.1 The Contracting Partner shall be obliged to pay the agreed upon remuneration plus any extra amounts arising from the use of separate, additional services by the Contracting Partner or by accompanying guests, plus any applicable VAT upon departure, at the latest.
8.2 The Hotelier shall not be obliged to accept foreign currencies. If the Hotelier accepts foreign currencies, such shall be accepted at the current exchange rate if possible. If the Hotelier accepts foreign currencies or cashless means of payment, the Contracting Partner shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
8.3 The Contracting Partner shall be liable to the Hotelier for any damage caused by themselves or the Guest or by other persons who receive the Hotelier’s services with the knowledge and consent of the Contracting Partner.
8.4. The Hotelier shall be indemnified and held completely harmless by the Contracting Partner with regard to any claims raised by third parties against the Hotelier which are based on the Accommodation Contract.
8.5. The Contracting Partner shall be held liable for damages that result from the Contracting Partner’s guests, employees or representatives. If necessary, the Hotelier may request that the organizer take out appropriate insurance.
§ 9 Rights of the Hotelier
9.1 If the Contracting Partner refuses to pay the agreed upon remuneration or is in delay with such payment, the Hotelier shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB (Austrian Civil Code) and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Contracting Partner or the Guest. The Hotelier shall also be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Contract, particularly for any kind of compensatory claims.
9.2 If services (cleaning) are requested in the room of the Contracting Partner during unusual times of the day (after 8 p.m. and before 6 a.m.), the Hotelier shall be entitled to charge an extra remuneration. The Hotelier may also refuse such services for operational reasons.
9.3 The Hotelier shall be entitled to issue invoices or interim invoices for its services at any time. If all services could not be charged at the time of departure, or if the Hotelier or Contracting Partner have forgotten to mention used services, the Hotelier shall be entitled to request the payment in retrospect or to charge the credit card.
9.4 Should the Contracting Partner not return the rooms in a proper and undamaged state, the Contracting Partner shall be liable for any damages or additional costs. The costs are calculated based on actual expenses. The Hotelier has the right to immediately charge EUR 1,500,- from the credit card, or to collect this amount in cash.
9.5 The Hotelier shall be entitled to charge up to EUR 800,- for special cleaning if the Contracting Partner’s room is unusually dirty.
9.6 Should items or laundry be missing from the room upon the Contracting Partner’s departure, the Hotelier shall be entitled to charge for these.
9.7 Smoking is prohibited in the hotel. Should the Contracting Partner not take note of this and smoke in the room, a minimum of one additional night shall be charged in addition to the daily rate, or more, until the room no longer smells.
§ 10 Obligations of the Hotelier
10.1 The Hotelier shall be obliged to provide the agreed upon services to an extent that complies with its standards.
§ 11 Liability of the Hotelier for damage to items of guests
11.1 The Hotelier shall be liable for items brought into the hotel by the Contracting Partner in accordance with §§ 970 ss of ABGB (Austrian General Civil Code). The Hotelier shall only be liable if the items have been handed over to the Hotelier or persons authorized by the Hotelier or deposited in a place assigned by such or intended for such purpose. In accordance with § 970 sec. 1 of ABGB (Austrian General Civil Code), the Hotelier shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Contracting Partner or Guest fails to immediately comply with the Hotelier’s request to deposit their items in a special deposit, the Hotelier shall be released from any liability. The amount of any liability of the Hotelier shall be limited to a maximum of the sum insured under the third-party liability insurance of such Hotelier. If the Contracting Partner or Guest is at fault, such fault shall be taken into account.
11.2 The Hotelier may not be held liable for minor negligence. If the Contracting Partner is an entrepreneur, the Hotelier may not be held liable for gross negligence either. In such an event, the burden of proof to show the fault shall lie with the Contracting Partner. No consequential or indirect damage and no loss of profit shall be reimbursed.
11.3 The Hotelier shall only be liable for valuables, money and securities up to an amount of currently EUR 550.-. The Hotelier shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its staff. The limitation of liability in accordance with 11.1 and 11.2 shall apply accordingly.
11.4 The Hotelier may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Contracting Partner and/or Guest fail to immediately notify the Hotelier of the occurred damage. In addition, the Contracting Partner and/or Guest shall start court proceedings for such claims within one year from their knowledge or possible knowledge; otherwise, the right shall become extinct.
§ 12 Limitations of liability
12.1 With the exception of bodily injury, if the Contracting Partner is a consumer, the Hotelier may not be held liable for minor negligence.
12.2 If the Contracting Partner is an entrepreneur, the Hotelier may not be held liable for slight or gross negligence. In such a case the Contracting Partner shall bear the burden of proof of who or what is at fault. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. In any event, compensation for damages shall be limited to the amount laid out in the validity
of the agreement (Vertrauensinteresse).
§ 13 Animals
13.1 Animals may only be brought into the hotel with the prior consent of the Hotelier and, if need be, shall be subject to extra remuneration per night.
13.2 The Contracting Partner bringing an animal into the hotel shall properly keep and supervise the animal during their stay or have it kept and/or supervised by a qualified third party at their own expense.
13.3 The Contracting Partner or Guest bringing an animal into the hotel shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of appropriate insurance coverage shall be provided to the Hotelier upon request.
13.4 The Contracting Partner and/or their insurance company shall be jointly and severally liable towards the Hotelier for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Hotelier to third parties.
13.5 Animals shall not be permitted to enter the common- or restaurant areas.
13.6 The Hotelier shall be entitled to charge for necessary special cleaning.
§ 14 Sickness of the Guest
14.1 If a guest falls ill during their stay at the accommodating establishment, the Hotelier shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Hotelier shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.
14.2 For as long as the Guest is not in a position to make decisions or it is not possible to contact the family of the Guest, the Hotelier shall arrange for medical care at the expense of the Guest. Such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
§ 15 Place of performance, place of jurisdiction and applicable law
15.1 The place of performance shall be the place where the accommodating establishment is situated.
15.2 The present GTC shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG und EVÜ) and the UN Sales Convention.
15.3 The Hotelier’s domicile shall be the exclusive place of jurisdiction to the extent that this is permitted by law. The Hotelier shall also be entitled to assert its rights before any other court that is competent for the location and matter.
§ 16 Miscellaneous
16.1 Unless otherwise specified in the above provisions, any time limits shall start upon the document, by which such time limit is instructed, being delivered to the Contracting Partner, that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
16.2 Any declarations shall be received by the other party by the last day of the time limit (12 midnight).
16.3 The Hotelier shall be entitled to offset any of its claims against claims of the Contracting Partner. The Contracting Partner shall not be entitled to offset any of its claims against claims of the Hotelier unless the Hotelier is insolvent or the Contracting Partner’s claim has been established by a court or acknowledged by the Hotelier.
16.4 All claims made by the Contracting Partner against the Hotelier arising from or in connection with the contract shall lapse after one year, beginning with the end of the Accommodation Contract.
16.5 In the event of particular provisions of this contract, including the present GTC, being invalid, the validity of the other provisions are not affected. The parties shall replace invalid provisions with valid provisions that correspond as closely as possible to the intended purpose and commercial relevance. The same shall apply in the event of contractual loopholes.
Vienna, October 2018