§ 1 Scope (1) These terms and conditions apply to the rental and all other services provided by the guest of Chalet Fügen. § 2 Contractual partners (1) Contracting parties are the Chalet Fügen in the following landlord called and the guest. If a third party makes the booking for the guest, he is liable to the landlord as the purchaser together with the guest as joint debtor for all obligations arising from the contract. In case of doubt, the purchaser is liable, even if he has ordered or co-ordered for other named persons. Irrespective of this, each orderer is obliged to forward all relevant information, in particular these General Terms and Conditions, to the guest. (2) The persons claiming accommodation are guests in the sense of the contract conditions. § 3 Conclusion of contract, down payment (1) The accommodation contract is usually concluded by the acceptance of the written order of the guest by the landlord. (2) The guest has to pay a deposit of 30% upon booking. (3) The landlord may also demand the advance payment of the entire agreed fee. § 4 Beginning, extension and end of accommodation (1) The guest has the right to move into the rented rooms from 4 pm on the agreed day. The guest is not entitled to earlier provision. (2) An extension of the stay by the guest requires the consent of the landlord. (3) On the agreed departure day, the apartment is vacated by the landlord no later than 10.00 am and to provide Besenrein. Thereafter, the landlord can charge beyond the resulting damage for the additional use of the apartment up to 100% of the full valid accommodation price. (4) If the accommodation contract has been agreed for a certain period of time, it will end with the passage of time. If the guest leaves prematurely, the landlord is entitled to demand the full agreed fee. (5) The landlord is entitled to dissolve the accommodation contract with immediate effect if the guest (a) makes a significant disadvantageous use of the premises or by his reckless, offensive or otherwise grossly indecent behavior, the other roommates disgusted living together or against the Incurs landlord and his people to a punishable offense against property, morality or physical safety; (b) is infested or in need of care by an infectious or occupational disease; (c) fails to pay the bill submitted to it upon request within a reasonable period of time. (6) If the fulfillment of the contract becomes impossible due to an event to be considered force majeure, the contract will be terminated. § 5 Cancellation of the accommodation contract (1) Resignation of the guest, cancellation (a) In the case of a guest's resignation from the booking, the landlord is entitled to reasonable compensation. (b) The landlord has the option to assert a resignation flat rate to the guest instead of a specifically calculated compensation. (c) The above compensation provisions shall apply accordingly if the Guest cancels the booked holiday apartment or the booked services or does not use them and does not notify the landlord in time or in a timely manner: In case of cancellation from the day of booking 30% of the total price. If canceled less than 30 days before arrival, 60% of the total price. In case of cancellation less than 14 days before arrival 100% of the total price. (2) Resignation of the landlord (a) If an agreed advance payment or security deposit is not made within a set period, the landlord is also entitled to withdraw from the contract. (b) Furthermore, the landlord is entitled to withdraw from the contract for good cause, in particular if the apartment under misleading or false statement of material facts, such. B. with respect to the person of the guest or the purpose is booked; the landlord has reason to believe that the use of the service can jeopardize the smooth operation of the business, the security or the reputation of the lessor in public, without this being attributable to the landlord or organization area of the landlord; an unauthorized sublease or sublease exists; the landlord of circumstances becomes aware that the financial circumstances of the guest have substantially deteriorated after conclusion of the contract, in particular if the guest does not compensate due claims of Chalet Fügen. (c) In the aforementioned cases of withdrawal no claim of the guest for damages arises. (d) Even if the guest does not use the ordered apartment, he is obliged to the landlord to pay the agreed fee. § 6 Services, Prices and Payment (1) The guest is obligated to pay the landlord's applicable or agreed prices for the room rental and the other services used by him. This also applies to services provided by the guest or the customer and expenses of the lessor towards third parties. (2) The prices can be changed by the landlord, if the guest subsequently wishes to change the services of the landlord or the length of stay of the guests, and the landlord agrees. (3) Invoices of the landlord are payable immediately after access without deduction. In case of late payment, the landlord is entitled to charge default interest. The landlord may charge a reminder fee for each reminder after default. (4) The lessor is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract (5) The guest is obliged to pay the landlord's applicable or agreed prices for the room rental and the other services used by him. § 7 Liability of the chalet, statute of limitations (1) Should any disturbances or defects in the services of the landlord occur, the landlord will make an immediate complaint to the customer endeavor to remedy the situation. If the guest culpably omits to report a defect to the lessor, a claim for reduction of the contractually agreed fee does not arise. (2) The landlord is liable under the statutory provisions for all damages resulting from injury to life, limb and health. (3) The lessor shall be liable for other damages caused by slight negligence only if these are due to the breach of a material contractual obligation or a cardinal obligation in a manner endangering the purpose of the contract. In these cases, the liability is limited to the foreseeable damage typical for the contract. (4) In the case of other damages, the liability of the chalet in addition for each damage event in detail and all claims arising out of and in connection with the contractual services are limited to an amount of max. EUR 1.000,00 for damage to property and max. EUR 500.00 limited for financial losses. The limitations and exclusions of liability do not apply if the other damages are based on an intentional or grossly negligent breach of duty by the lessor, his legal representatives or executives. (5) The above limitations of liability apply to all claims for damages irrespective of their legal grounds, including claims arising from tort. The above limitations of liability also apply in cases of any claims for damages of a guest against employees or vicarious agents of the landlord. They do not apply in the case of liability for a defect after taking over a guarantee for the condition of a thing or a work, with fraudulently concealed errors or with personal injury. (6) For landlords, the landlord is liable to the guest in accordance with the statutory provisions, but no more than EUR 500.00. For valuables (cash, jewelry, etc.) this liability is limited to EUR 100.00. The liability claims expire if the guest does not notify the lessor immediately after gaining knowledge of loss, destruction or damage. (7) Insofar as the guest is provided with a parking space, this does not constitute a custody agreement. There is no monitoring obligation of the landlord. In the case of loss or damage on the property of the lessor parked or ranked motor vehicles and their contents, the landlord is not liable, as far as the landlord, his legal representatives or his vicarious agents are not responsible for intent or gross negligence. In this case, the damage must be claimed at the latest when leaving the hotel property to the landlord. (8) Damage claims of the guest become time-barred after one year from the time at which the guest becomes aware of the damage, or at the latest after two years from the time of the damaging event, regardless of this knowledge. This does not apply to the liability for damages resulting from injury to life, limb or health as well as for other damages that are based on an intentional and grossly negligent breach of duty by the landlord, a legal representative or vicarious agent of the landlord. § 8 Rights of the guest (1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation, which are usually accessible to the guests and without any special conditions, and the usual service. (2) The guest has the right to move into the rented rooms from 4 pm on the agreed day. § 9 Duties of the guest (1) Before the start of the accommodation contract, the agreed fee is 100% including the deposit of EUR 350 pay. The landlord is not obliged to accept cashless means of payment such as checks, credit cards, bons, etc. (2) Prior to commissioning of electrical appliances, which are brought by the guests and which are not part of the usual travel requirements, the consent of the landlord must be obtained. (3) The damage caused by the guest is subject to the provisions of the law on damages. Therefore, the guest is liable for any damage or disadvantage suffered by the landlord or third parties by his fault or by the fault of his companion or other persons for which he is responsible, even if the injured party is entitled to compensation directly to the landlord to complete. § 10 Rights of the landlord (1) If the guest refuses to pay the conditional fee or is thus in arrears, the landlord has the right to secure his claim from the accommodation and food and its expenses for the guest, the items brought withhold. (legal right of retention.) (2) The landlord has to secure the agreed remuneration the lien on the objects brought by the guest. (legal lien of the landlord) § 11 Liability of the landlord for damage (1) The landlord is liable for damages suffered by a guest, if the damage occurred in the context of the operation and he or his employees are at fault. (2) The landlord is expressly not liable for damages incurred in connection with improper use of outdoor saunas. § 12 Animal Husbandry (1) Any animal husbandry is generally allowed in Chalet Fügen only after consultation and written consent of the owners. (1) Animals may only be brought to the accommodation establishment in exceptional cases, after prior authorization and, if necessary, against special remuneration. (2) The guest is liable for the damage caused to the animals brought, in accordance with the legal regulations applicable to the animal keeper. § 13 Final Provisions (1) Changes or additions to the contract, the acceptance of the application or these terms and conditions for the rental shall be made in writing. Unilateral changes or additions by the customer are invalid. (2) Place of fulfillment and payment is the domicile of the landlord. (3) For all disputes arising from the accommodation contract, the factual and local court for the accommodation establishment shall be agreed. (4) Exclusive place of jurisdiction - also for check and change disputes - is in the commercial traffic the seat of the landlord. However, the landlord is entitled to bring legal actions and other legal proceedings at the general place of jurisdiction of the guest. (5) Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, shall not apply, unless they are expressly acknowledged in writing by the landlord. (6) The law of the Republic of Austria applies. (7) Should individual provisions of these General Terms and Conditions for Rent be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
