GENERAL TERMS AND CONDITIONS OF BUSINESS
Version from 10/07/2022
1. SCOPE OF APPLICATION
- These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all services provided by Edelwise ES GmbH, with its registered office in Lower Austria and its business address at Gumpersbergstraße 4, A-3052 Neustift-Innermanzing, registered in the commercial register of the St. Pölten Commercial Court under FN 498379k (hereinafter referred to as "Accommodation Provider") to the guest who makes use of the accommodation and other contractual partners (hereinafter referred to as "Contractual Partner"). The general terms and conditions of the Party shall not apply, even if the Proprietor does not expressly object to them. Counter-confirmations by the Party with reference to the Party's General Terms and Conditions are hereby rejected.
- The GTC shall not exclude special agreements. The GTC shall be subsidiary to any individual agreements made.
2. DEFINITIONS OF TERMS
"Guest": Is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons travelling with the contracting party (e.g. family members, friends, etc.).
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act as amended.
"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 CONTRACT - DOWN PAYMENT
- The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the published business hours of the accommodation provider.
- The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the condition that the Party 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 deemed concluded upon receipt by the Proprietor of the declaration of consent regarding the payment of the down payment by the Party.
- In any case, the Party shall be obliged to provide a valid credit card number, the expiry date and the security code upon confirmation of the booking.
4. START AND END OF THE ACCOMMODATION
- The Party shall have the right to occupy the rented rooms from 3.00 p.m. on the agreed day ("day of arrival"), unless the Proprietor offers a different time of occupancy.
- If a room is occupied for the first time before 3.00 p.m., the previous night shall count as the first overnight stay.
- The rented rooms shall be cleared by the contracting partner by 11.00 a.m. on the day of departure.The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated by the deadline.
5. CANCELLATION OF THE ACCOMMODATION CONTRACT - CANCELLATION FEE
Reservations made by the Party shall be binding for both Parties with the following (exclusive) restrictions.
1. Cancellation by the accommodation provider
- If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
- In addition, the Proprietor shall be entitled to withdraw from the Agreement or to terminate the Agreement for good cause with immediate effect in accordance with the statutory provisions. Good cause shall be deemed to exist in particular if: if:
(i) the Party fails to provide a due service;
(ii) the fulfilment of the Agreement is impossible due to force majeure, strike or other circumstances for which the Proprietor is not responsible;
(iii) the Party provides misleading or false information about material data;
(iv) rooms that are the subject of the Agreement are sublet in whole or in part without the written consent of the Proprietor;
(v) the Party or a person attributable to the Party makes significantly detrimental use of the rented rooms or, through inconsiderate, offensive or otherwise grossly improper behaviour towards the Proprietor or its employees or the guests or third parties staying at the Hotel, makes their stay together unpleasant or is guilty of a punishable offence against property, morality or physical integrity towards these persons, whereby an attempt and reasonable suspicion shall suffice; or
(vi) the Party is infected with a contagious disease or a disease that lasts longer than the agreed accommodation period or otherwise becomes in need of care.
- The Proprietor shall also be entitled to cancel the contract if the Party fails to arrive by midnight at the latest on the agreed date of arrival, unless special agreements have been made in this respect. If the Party has made a down payment (see III.2), the rooms shall remain reserved until 6 a.m. at the latest on the day following the agreed date of arrival.
- The Proprietor shall notify the Party of the cancellation/cancellation in writing without undue delay, at the latest within 14 days of becoming aware of the reason. The cancellation of the contract by the Proprietor shall not entitle the Party to claim damages or other compensation. Claims for damages in the event of justified termination of the contract shall remain unaffected.
In the event of cancellation or reduction of the scope of the contract by the contracting party, the contracting party shall provide the following services, insofar as this (possibly partial) cancellation was not culpably caused by the accommodation provider.
- The Accommodation Agreement may be cancelled by the Party by means of a unilateral declaration by no later than 1 month before the agreed date of arrival of the Party without payment of a cancellation fee.
- Outside the period specified in point V.2.i), cancellation by unilateral declaration by the Party shall only be possible subject to payment of a cancellation fee amounting to 50% of the agreed scope of the contract plus VAT.
- In the event of cancellation on the day of arrival or no-show, the entire contract amount plus VAT will be charged ("no-show rule").
2. If the Party cancels early, 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-utilisation of its services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms ordered by the contracting party are not used and the rooms can be rented to other guests due to the contracting party's cancellation. The burden of proof of the savings shall be borne by the contractual partner.
3.Cancellation by the contractual partner - cancellation fee