GENERAL CONTRACTUAL TERMS
- Service Provider’s Data
Corporate name: 3G Technolgy GmbH
Seat: 1090 Vienna, Wiesengasse 23-25/17
Company registration number: FN 399480x
Tax number: ATU 68410819
- General Rules
- a) The “General Contractual Terms” – hereinafter GCT – regulates the terms of availing the services of the Edelmur Apartment House (Steindorf 3, A-8862 Stadl an der Mur) operated by the service provider and the services related thereto.
- b) The GCT does not exclude the conclusion of unique or special agreements with travel agencies, travel bureaux, tour operators or other enterprises that sell the services of the service provider, thus cooperate with the service provider.
- Contracting Party
- a) The contracting party is the natural person, legal entity, or business association not having legal personality ordering, availing the services of the service provider. Contracting party also includes the natural person de facto availing the services of the service provider. The person ordering and/or availing the services hereinafter jointly: guest.
- b) The service provider and the guest – in the event of fulfilling the conditions – shall become the contracting parties of the service agreement as required – hereinafter jointly: contracting parties.
- Entering into Service Contract, Booking Steps, Modification of Booking
- a) Upon the oral, written – sent in letter, via e-mail – request for offer of the guest, the service provider shall send an offer to the guest within 48 hours at most reckoned from the receipt of the request for offer. In case no actual order arrives in writing from the guest within 48 hours reckoned from sending the offer, the service provider shall be released from its bidding bound, the bidding bound of the service provider shall cease.
- b) The service contract shall enter into upon the written confirmation by the service provider of the order cast by the guest and, taking this written confirmation into consideration, the order shall be considered as contract concluded in writing. Order and/or modification of order cast orally shall only create contractual obligation if it has been confirmed in writing by the service provider, oral confirmation of the order or the modification of order by the service provider shall not create contractual obligation.
- c) The contract entered into for availing the services shall be for definite period of time.
- d) In case, before the elapse of the definite period, the guest decides not to avail the services until the elapse of the definite period, he shall be still obliged to pay the entire consideration of the services to the service provider, whereas the service provider shall be entitled to claim the entire consideration of the ordered services. The service provider shall be entitled to sell again the room left by the guest prior to the elapse of the definite period.
- e) For the prolongation of availing the accommodation services initiated by the guest, the prior consent of the service provider shall be necessary. In such a case, the service provider may stipulate the reimbursement of the fee of the services already performed.
- f) The condition of availing the accommodation services is certifying the identity of the guest in accordance with the legal regulations prior to occupy the room. No one can stay at the accommodation without declaration.
- g) The modification of the service contract shall be possible exclusively upon the written joint consent of the contracting parties.
- Beginning and End of Accommodation (Check-in and Check-out)
- a) The guest shall be entitled to occupy the booked room from 3 p.m. of the day as per agreement.
- b) In case the guest does not appear until 6 p.m. of the day as per agreement, the service provider shall be entitled to withdraw from the contract except if later arrival time has been stipulated.
- c) In case the consideration has been prepaid by the guest, the room(s) shall remain booked until 9 a.m. of the subsequent day the latest.
- d) The guest shall leave the room until 11 a.m. of the day of departing.
- e) Depending on the availability of the accommodation, in return for a charge, the service provider avails the possibility of late departure. In case avail this service, please, let us know until 12 p.m. (noon) of the day prior to departure the latest and the prolongation of stay may be availed only upon the approving response.
- Prolongation of Accommodation
- a) The service provider shall consent to the prolongation of the stay by the guest.
- b) In case the guest does not empty the room until 12 p.m. (noon) of the day indicated as departure day upon check-in and the service provider has not consented to the prolongation of the stay in advance, the service provider shall be entitled to invoice the room price for a further day, as well as the servicing obligation of the service provider shall simultaneously cease.
- Mode and Terms of Availing Services
- a) The guest may occupy the apartment ordered by the guest and confirmed by the service provider from 3 p.m. of the arrival day – check-in – and shall leave it until 11 a.m. of the last day of stay – check-out.
- b) In case the guest wishes to occupy the room prior to the check-in time specified in Point 5 (a) of the arrival day, it may be done depending of available capacity but needs to be agreed upon with the service provider in advance.
- c) The service provider makes it possible for its guests – in return for the payment of separate fee related to pets – to bring small-sized dogs or cats into the hotel provided that the pet may be kept is the hotel room only with the supervision of the guest and may use the common premises of the accommodation exclusively from approaching their own apartment, other premises – e.g. playroom, staircase etc. – may not be used pets. In case the service provider considers that the size or behaviour of the pet disturbs the operation, it shall be entitled to refuse the acceptance of the pet.
- d) The guest shall bear full compensation for the damage caused by his pet.
- e) The service provider shall be entitled to dismiss the contract related to the accommodation service with immediate effect or to refuse the provision of the service in case:
(1) the guest does not use properly the apartment made available for him, as well as does not use properly the services provided by the service provider and/or the premises serving to provide them,
(2) the guest does not observe the house rules of the accommodation and does not stop the disturbing behaviour despite being notified,
(3) the guest does not observe the safety policy of the accommodation, e.g. smokes on a prohibited area, and does not stop it despite being notified,
(4) the guest behaves in an objectionable, rough manner with the employees or guests of the accommodation, is under the influence of alcohol or drugs, demonstrates threatening, insulting or other unacceptable behaviour,
(5) the guest suffers in such infection or such illness that disturbs the repose of the other guests,
(6) the guest does not perform his payment guarantee undertaking obligation required by the service provider until the deadline specified by the service provider.
- f) In case the contract between the contracting parties is not fulfilled due to “force maieure”, the contract shall cease.
- g) The guest avails all services of the accommodation at his own responsibility during the entire term of the stay.
- h) Child or minor guest may not be left without parental supervision either in the apartment, or the common premises, the garden. Parents shall bear full responsibility for their children on the entire area of the apartment house and its garden. Children, minors may use any common toys, equipment under the supervision and undertaking of responsibility of their parents.
- Providing Services
- a) Service provider provides exclusively accommodation. Catering is provided by other service providers, service provider undertakes merely intermediary role and does not undertake liability for any other services in excess of providing accommodation. In case the service provider is unable to provide the ordered accommodation services due to its own fault – especially over-booking, temporary operational problems –, it cannot provide the ordered accommodation services, it shall ensure the placement of the guest.
- b) Within the scope of its obligation undertaken in Point (a), service provider shall:
1) offer and, in the event the guest accepts it, provide the services confirmed in the order at the price indicated therein, for the period stipulated therein – or until the obstacle is eliminated – in another accommodation of the same or higher category. All surplus costs of providing the replacement accommodation shall be borne by the service provider.
2) in case requested, provide the guest with one-off telephone calling opportunity free of charge so that he can communicate his change of accommodation place with the person indicated by him.
3) provide the guest with free-of-charge transfer for moving to the offered replacement accommodation and for occurrent moving back.
- c) In case the service provider faultlessly satisfies its obligations stipulated in Point (b) and the guests accepts the replacement accommodations offered to him, the guest may not motion post factum compensation demand.
- Prices Applied by Service Provider
- a) The current list prices of the accommodation (Rack Rate) are stipulated on the website of the hotel.
- b) The service provider is entitled to freely modify its prices without prior notification so that this does not relate to the prices that it has already offered in a quotation upon the request of a contracting party. It does not, however, undertake liability for the prices of other service providers.
- c) The guest may always request information about the prices of the services prior to starting the service provision on the website of the accommodation, via e-ail or on the telephone.
- d) The prices published by the service provider include the VAT specified in the current legislation, but exclude the current tourist tax, which is payable in excess of the price of the accommodation. The service provider reserves the right to charge the surplus burdens in the event of changes in legislation into the guest without any prior notification.
- e) The service provider specifies its prices in euros.
- f) The service provider undertakes that it shall publish its current accommodation prices, current promotions, discounts and its other offers also on the www.edelmur.eu website operated by itself.
- g) In the event of intermediation of guests, the contractual price specified in the cooperation agreement concluded with the partner shall be invoiced.
- a) The current offers, discounts are published on the website of the accommodation.
- b) The published discounts may not be combined with any other discount.
- c) The service provider shall establish the terms in a unique contract in the event of booking its products linked to special conditions, group booking or events.
- Child Discounts
- a) Service provider allows the following discounts for children – in case of joint placement in a room with at least one parent:
Age between 0 and 3 years (in case of child not fulfilling 3rd year of age): accommodation is availed free of charge.
Age between 3 and 14 years (in case of child not fulfilling 14th year of age): discounted price indicated on the website.
Age above 14 years full price is payable.
- b) Placement of an extra bed is possible only in certain room types. The fee of the extra bed is specified as per the price indicated on the website. The request for extra bed shall be agreed with the service provider in advance, simultaneously with the booking.
- Payment Mode and its Guarantee
- a) The service provider shall indicate the full amount of the services ordered calculated for the entire stay in the written confirmation sent by it to the guest. The total value of the booked accommodation services shall be paid by the guest until the 30th day prior to the arrival the latest, otherwise his booking is cancelled.
- b) The guest may settle the amount of the accommodation fee calculated for the period of the stay in several modes: he may transfer it onto our bank account or may pay via card payment. Occurrent costs emerging in connection with the payment shall be borne by the contracting party.
- c) For the sake of safeguarding the objects that has been placed inside the apartment, the service provider requests the payment of deposit, which shall be paid in advance together with the payment of the accommodation fee. In case no damage is caused, the amount of the deposit shall be returned after checking the apartment following the check-out within 5 working days after leaving the accommodation the latest. In case causing damage is established, we communicate it immediately with the guest after checking the apartment, the amount specified in the separate list price shall be deducted from the deposit, whereas the remaining amount shall be returned within 5 working days thereafter. In case the deposit does not cover the amount of the damage caused, we reserve the right to enforce the uncovered amount.
- d) The contracting party shall be entitled and obliged to settle the countervalue of the service in euro.
- e) The service provider can provide cash payment possibility to settle the countervalue of service(s) upon prior request and the approval of the service provider.
- Cancellation Terms
- a) In case the accommodation has not specified other terms in its offer, the cancellation and modification terms are the following:
1) in the event of withdrawal more than 30 days prior to the day of the confirmed arrival, the entire amount shall be returned.
2) in the event of withdrawal within 29 to 8 days prior to the day of the confirmed arrival, the amount of the deposit is the 50% of the countervalue of the accommodation service.
3) in the event of withdrawal within 7 days prior to the day of the confirmed arrival, the amount of the deposit is the 100% of the countervalue of the accommodation service.
In case the guest is an economic organization (including business associations, social organizations, churches, municipalities, municipal institutions, state organs and their institutions, etc.), in the event of withdrawal, the deposit due shall be paid by the contracting party/principal even if the accommodation fee would be otherwise borne by the guest de facto availing the accommodation.
- Rights of Guest
- a) Pursuant to the contract, the guest shall be entitled to use the ordered room, as well as those premises of the accommodation that belong to the usual servicing scope and do not fall under the effect of special terms.
- b) The guest may motion complaint in connection with the performance of the services provided by the service provider. The service provider undertakes the obligation to investigate the complaint sent to motioned towards it in writing via e-mail, or orally on the telephone and registered in a report within 72 hours and to provide the guest with an answer on the merits.
- Obligations of Guest
- a) The guest shall be obliged to settle the countervalue of the services ordered in the contract towards to service provider in the mode and until the date specified in the contract the latest.
- b) In case the guest brings food or beverages into the apartment house, he may store them exclusively in the appropriate place of his own apartment.
- c) The guest may use the parking plot of the apartment house free of charge with his vehicle. In the parking plot, the prescriptions of the Road Traffic Rules shall be observed.
- d) The waste shall be collected selectively and deposed in the waste containers placed on the area of the accommodation, as well as the apartments. No furniture may be removed from, replace from the apartments or the building.
- f) The guest may use the devices, equipment on the area of the accommodation exclusively at his own risk.
- g) Smoking is forbidden in the closed premises of the accommodation (including the apartments, too), on the common areas of the accommodation, as well as the entire open area belonging to the accommodation (including the garden) except on the places marked with boards on the outside areas of the apartment house. In the event of smoking in the apartment, the service provider shall be entitled to charge 100.00 euro onto the guest for extra cleaning fee.
- h) In case of fire, the telephone number of the apartment house and 122 shall be called promptly. In case of fire or other alarm, the guest shall be obliged to leave the apartments or the common areas of the accommodation as soon as possible according to the information boards place therein.
- i) For the fireworks brought by the guest and other activities falling under permission, the written consent of the accommodation, furthermore, acquiring the authority permission by the guest shall be necessary.
- j) The guest shall be obliged to ensure that the minors under his control are continuously under the supervision of an adult in the accommodation of the service provider.
- k) The guest shall be obliged to report promptly any damage he has suffered on the telephone number or e-mail address of the accommodation and to provide the accommodation with all necessary data that are needed to clarify the circumstances of the damage, as well as are necessary for an occurrent misdemeanour or criminal procedure.
- l) The guest explicitly acknowledges that a closed-circuit camera system is operated on the areas of common usage (excluding the toilets but including the vehicles parking plot and outside areas belonging to the hotel directly) for property protection (security) purposes, the recordings of which are deleted based on the prescriptions of the relevant legal regulations.
- m) Upon departure, the guest shall be obliged to leave the room cards at the reception. In the event of omitting this, as well as losing or destroying the card, the service provider shall be entitled to charge compensation fee after the given card, which shall be paid by the guest upon departure. The guest may use the cards to enter his room until 11 a.m. on his departure date. After this time, except if the guest has agreed with the service provider on prolonging his stay, the room card shall lose its validity.
- n) Upon departure, the guest shall be obliged to leave the apartment, the devices therein in a proper, clean status. In case extra cleaning is required after the departure of the guest, the service provider shall be entitled to deduct extra cleaning fee from the deposit.
- Compensation Liability of Guest
- a) The guest shall be obliged to hold liability for all damage suffered by the service provider or third persons caused by the guest or his accompanying person or person(s) under the supervision of any of the latter persons.
- b) The liability obligation of the guest shall exist even if the damaged person is entitled to claim the compensation of his damage directly from the service provider.
- Rights of Service Provider
- a) In case the guest does not satisfy his obligation to pay the fee of availed services or ordered but unavailed services, the service provider is entitled to pledge right over the properties of the guest he has taken with him into the accommodation.
- b) The staff providing temporary supervision on the area of the accommodation shall be entitled to control the entering and leaving guests, verify their identity, in justified cases, inspect the vehicles upon leaving.
- c) If necessary, the staff shall be entitled to direct the traffic on the area of the accommodation.
- d) For safety and accident prevention purposes, the entire area of the accommodation is equipped with security cameras. By entering the accommodation, the guest acknowledges that camera recording is made based on the legitimate interest of the service provider.
- e) On the area of the accommodation, various programs may be organized to entertain the hotel guests. On such events, photo and video recording can be made by the staff or an assigned company. The recordings are made for marketing and promotional purposes based ont he legitimate interest of the service provider. By attending the events, the guest acknowledges that such recording may be made of him, which recordings may be published in various advertsing materials of the service provider. The service provider will, not, however, publish portraits, easily recognizable images of any person without consent. Otherwise, persons on images may exercise their data protection rights as provided by law.
- Obligations of Service Provider
- a) The service provider shall be obliged to perform the accommodation and other services ordered based on the contract in accordance with the regulations in effect and service standards.
- b) The service provider shall be obliged to examine the written complaint of the guest and take the steps necessary to handle the issue, to record the steps taken in writing and to inform the guest thereof.
- c) The service provider undertakes responsibility for all damage suffered by the guest that emerges within its own hotel, from the fault of itself or its employee(s).
- d) The responsibility of the service provider does not cover damage that emerge due to unavoidable cause falling outside the scope of the employees and guests of the service provider, or due to a third party, or that has been caused by the guest or those under his supervision.
- e) The service provider reserves the right to designate place(s) within the accommodation where the guest cannot enter. The service provider shall be obliged to mark such places well-visibly. The service provider does not undertake responsibility for damage that happen to the guest or those under his supervision where guests cannot enter.
- f) The service provider undertakes responsibility for all damage suffered by the guest due to losing, destroying or damaging of the things of the guest in case if the guest has placed it to the place dedicated by the service provider or generally used for this purpose and has become available to unauthorized person(s) due to a cause chargeable to the service provider (including the defect of the electronic door). Otherwise (including if the guest does not ensure that the door is closed), the service provider does not undertake responsibility.
- g) The service provider shall be responsible for the loss, destroy, damage of the valuables, stock papers or cash of the guest only if it has explicitly taken it over or if the damage has occurred due to such cause for which it is liable under the general rules. In such a case, the burden of proof falls onto the guest.
- h) The service provider shall not, furthermore, be liable for damage originating from improper usage.
- i) The service provider shall not have compensation liability either if the usage of the common premises, the garden or the sports equipment is limited or prohibited for the time of the maintenance thereof ordered extraordinarily or to observe health care prescriptions.
- j) The responsibility of the service provider does not cover the package of the guest and the content thereof during the arrival and departure, unloading and loading them, furthermore, their delivery to and from the apartment.
- k) The guest shall immediately report the damage suffered by it towards the service provider, and to provide the accommodation with all necessary data needed to clarify the circumstances of the damage or, occurently, to take up police report / initiate police procedure. The compensation liability of the service provider shall exist only if its occurrence reported immediately with the necessary data on the e-mail address or telephone number of the service provider.
- l) The extent of the compensation liability of the service provider shall be limited in the tenfold of the daily room price as per the contract.
- Illness, Death of Guest
- a) In the event that the guest becomes ill during availing the accommodation, the services and the service provider is aware of it, the service provider is obliged to offer medical assistance to the guest provided that the expense of the offered and accepted medical assistance shall be borne by the guest. In case the doctor determines an infectious disease, the service provider is entitled to refuse further services. Any additional costs incurred due to the early departure from the hotel shall be borne by the guest.
- b) In the event of illness or death of the guest, the service provider shall seek reimbursement from the patient or the deceased’s relative, his heir for any medical expenses, services rendered prior to the death occurrently paid by the service provider to the extent of the countervalue thereof and the damage having occurred in the assets of the service provider and/or its guests in connection with the illness or death.
- a) The service provider reserves the right to individually define the pets allowed upon the guest’s request for this end and to request a photo of the pet from the guest.
- b) Pets allowed in the accommodation – dogs and cats – may be kept exclusively in certain apartments, under the supervision of the guest, they can use the common areas to access these apartments but are not allowed in other rooms – e.g. common premises, stairs.
- c) In case the service provider determines that the size or behaviour of the pet disturbs the operation, it is entitled to refuse the acceptance of the pet.
- Force Majeure
Causes, circumstances (e.g. war, fire, flood, weather extremity, power outage, strike, etc.) over which neither the service provider, the guest, nor the contracting party have control – force majeure – any party shall be released from the performance of their obligations under this contract as long as such cause or circumstance exists. The contracting parties agree to do their utmost to minimize the possibility of such causes and circumstances to occur and to repair any damage or delay caused thereby as soon as possible.
- Place of Performance, Applicable Law for Legal Relation of Contracting Parties, Jurisdiction
- a) The place of performance is the place where the accommodating accommodation is located.
- b) In connection with all disputes originating from the accommodation-related contract, in relation to the service provider, the court competent on the merits and locally is appointed.
- c) The legal relationship between the service provider and the guest shall be governed by the provisions of the Austrian legal regulations.
During its activity, the service provider considers the protection of personal data especially important. It always handles the personal data provided to it in accordance with the effective legal regulations, ensures the security thereof, takes the technical and organizational measures, as well as elaborates the procedural rules that are necessary to observe the related legal provisions.
During its activity, the service provider uses the data of its guests exclusively for concluding contract, invoicing and (if the guest has consented to it) its own marketing purposes in line with the GDPR.
With the conclusion of the contract, i.e. booking the accommodation, the guest represents that he has read and understood the above terms and conditions, which it accepts as binding on him. The GCT may be amended later, which amendment shall be indicated on the website of the apartment house, as well as shall place the valid GCT at the reception of the apartment house.
Stadl an der Mur, 7th February 2019