First Section - Scope of Application
§ 1 Validity of the General Terms and Conditions
Unless clearly agreed otherwise, the general terms and conditions described here and made known to the contractual partner apply. The scope of these general terms and conditions includes in particular contracts between the landlord - hereinafter also referred to as service provider - and the customer, which have the paid provision of services for accommodating guests as their content.
The customer declares his agreement that the general terms and conditions are also used as a basis for all further contracts, unless otherwise agreed.
Gender note: For reasons of better legibility, the General Terms and Conditions do not make any gender-neutral differentiation (e.g. landlord). The shortened language form is for editorial reasons only and does not include any rating.
§ 2 Amendment of the General Terms and Conditions
The landlord is entitled to change the General Terms and Conditions at any time, provided that customers who are directly affected are informed in writing. The changed conditions become effective if the customer does not object in writing within six weeks of notification. Together with the notification, the landlord will point out to the customer that his silence after a period of six weeks is deemed to be consent to the change. The customer is entitled to terminate existing affected contracts with immediate effect before the changes come into force, without it being necessary to comply with any agreed termination dates or periods and without incurring any costs for this termination.
Second Section - Subject of Service
§ 3 Covered Services
The General Terms and Conditions apply to the following types of services: Hospitality in the mode of accommodation of guests, if no more than ten guest beds are provided, and serving of breakfast and small snacks and serving of non-alcoholic beverages and beer in commercially available sealed containers, as well as distilled liquors as an accompaniment to these drinks to the guests.
§ 4 Duration of Service
1. Unless otherwise agreed, the legal relationship between the service provider and the customer ends as a target obligation upon completion of the accommodation of the guests. After completion of the accommodation, the customer has no legal claim to further services.
2. If the rental contract and booking platform used by the customer for reserving the accommodation do not state otherwise, an existing contract can be terminated by either party subject to a two-week notice period (ordinary termination). The termination must be in writing.
3. Extraordinary termination for important reasons with immediate effect is not affected by paragraph 2. An important reason exists in particular if the specific rental property or other absolutely necessary prerequisites for the agreed accommodation of the guests are no longer given - in this case the customer has no claim to compensation; the customer is in arrears with a payment based on the rental agreement or other mandatory rental conditions compared to the original payment date; other material breaches of contract by one of the two contracting parties.
Third Section - Provision of Service
§ 5 General Rule
The service provider will perform the service honestly, fairly and professionally in the best interests of the customer. With the necessary expertise, he will propose to the customer those solutions which, with the help of a reasonable use of resources, most closely correspond to the needs of the customer.
§ 6 Means of Communication
Orders must always be placed in writing. Placing orders by telephone, fax or e-mail is only valid if the customer has previously agreed this with the lessor.
Other communication between the service provider and the customer can take place via any common means of communication. If the customer provides an e-mail address or telephone number, the customer agrees that the service provider can also contact the customer via e-mail or telephone.
§ 7 Execution of Orders
The Lessor is obliged to respond to the customer's orders immediately, but no later than 3 working days after receipt of the order, if he comes to the conclusion through no fault of his own that they originate from the customer and if he does not immediately inform the customer that the execution will not take place or the order is not accepted.
The obligation to answer the order immediately does not exist if the service provider is prevented from carrying out the task due to force majeure. If it is not possible to carry out an order, the service provider must inform the customer of this as soon as possible. Otherwise, the service provider will handle customer orders in accordance with its implementation policy. If the customer wishes a different type of implementation than that provided for in the implementation policy, he must give the service provider a corresponding express instruction.
§ 8 Confidentiality, Data Protection
The service provider is obligated to treat confidential information that becomes known to him as a result of the business relationship with the customer as confidential and to keep it secret from third parties as long as the transfer of data is not absolutely necessary for the service. The service provider is obliged to impose this obligation on its employees as well.
The customer agrees to the use and storage of his personal data in accordance with the relevant provisions of the Data Protection Act. This consent can be revoked by the customer at any time - even without giving reasons. Any handling and disclosure of data is subject to the provisions of the Data Protection Act and the current version of the data protection declaration.
§ 9 Liability
The landlord is not liable if the customer does not provide information or information that is relevant to the service or provides it incorrectly, in the case that the lack or incorrectness was neither known nor was known due to gross negligence.
Fourth Section - Customer Rights & Obligations
§ 10 Customer's Obligation to Cooperate
The customer is obliged to provide the service provider with the necessary documents and payments in a timely manner, in full and without special request, and to inform the lessor of all circumstances that may be relevant to the provision of the services.
The customer must immediately inform the service provider in writing of any changes to his name and address. As long as the customer does not announce changes to his address, written declarations from the service provider will continue to be sent to the previous address. These declarations are deemed to have been received by the customer if the service provider was not aware of the change of address or was unaware of it due to gross negligence.
§ 11 Customer's Obligations for Ordering
The customer must ensure that orders that he gives to the lessor are formulated as clearly and unambiguously as possible. Unclear and unclear formulations are at the expense of the customer if the service provider did not recognize the ambiguity or lack of clarity or should have recognized it based on the circumstances.
When placing an order via telecommunications, the customer must take appropriate precautions to avoid transmission errors or misuse. The service provider only accepts liability for these events if it is guilty of intent or gross negligence.
§ 12 Rental Conditions
§ 13 Duty of Care
The tenant and any relatives must treat the rented premises and the furnishings with care. Culpably caused damage and the resulting loss of rent are to be replaced by the tenant. The tenant is obliged to check the facility for completeness and usability when moving into the premises and to report any complaints to the landlord immediately. The tenant must also report any damage occurring during the rental period immediately.
§ 14 Cancellation Policy
The tenant can withdraw from the rental agreement in writing, taking into account the agreed cancellation provisions and deadlines. If the tenant withdraws from the rental agreement outside of a possible free cancellation period without naming a new tenant, the following proportionate rents are to be paid as compensation, taking into account the saved expenses - if another rental is not possible.
§ 15 Powers of Attorney
Through these general terms and conditions, the customer authorizes the lessor to inspect all documents related to the fulfillment of this order and to make and store data copies.
Fifth Section - Final Provisions
§ 16 - Partial Invalidity
Should individual provisions of this contract be or become wholly or partially invalid or should there be a gap in the contract, this shall not affect the validity of the remaining provisions. In place of the invalid provision or to fill the gap, an appropriate provision should come into effect which, as far as legally possible, comes closest to what the contracting parties wanted or would have wanted in terms of the spirit and purpose of this contract if they had considered the point.
§ 17 Choice of Law
The contracts between the service provider and the customer are subject to Austrian law.
§ 18 Jurisdiction
The Regional Court of Klagenfurt is responsible for both the landlord and the customer.
§ 19 Complaints
In the event of complaints, it is possible to contact the tourism department of the Carinthian Chamber of Commerce: https://www.wko.at/ktn/tourismus In addition, there is the possibility of alternative dispute resolution through arbitration for consumer transactions: http://www. Verbraucherschlichtung.or.at
