General Terms and Conditions (GTC)
§1 Scope of application
1.1 These terms and conditions apply to the rental and all other services provided to the guest by Biobauernhof Menzel (Bergjosl)
§2 Contractual partners
2.1 The contractual partners are Biobauernhof Menzel (Bergjosl), hereinafter referred to as the landlord, and the guest. If a third party makes the booking on behalf of the guest, they are liable to the landlord as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract. In case of doubt, the customer is liable, even if he has ordered or co-ordered for other named persons. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest.
2.2 Persons utilising the accommodation are guests within the meaning of the contractual terms and conditions
§3 Conclusion of contract, down payment
3.1 The accommodation contract is concluded by the acceptance of a written or verbal order by the guest directly with the landlord or via Booking.com.
§4 Terms of payment
4.1 The guest is obliged to pay the applicable or agreed prices of the landlord for the room rental and the other services used by him. This also applies to services and expenses of the landlord towards third parties arranged by the guest or the customer.
4.2 The Landlord may change the prices if the Guest subsequently requests changes to the Landlord's services or the duration of the Guest's stay and the Landlord agrees to this.
4.3 The guest undertakes to pay a deposit of 40% no later than 14 days (arriving) before the accommodation. The balance of 60% is due no later than 5 days (arriving) before arrival. The costs for the money transaction (e.g. bank transfer charges) shall be borne by the guest.
4.4 For bookings made at short notice, the total amount must be paid immediately.
4.5 Invoices from the landlord are payable immediately upon receipt without deduction. In the event of late payment, the landlord is entitled to charge interest on arrears. The landlord may charge a reminder fee for each reminder sent after default has occurred.
§5 Start, extension and end of accommodation
5.1 The guest has the right to move into the rented rooms from 3 p.m. on the agreed day. The guest is not entitled to earlier availability.
5.2 Booked rooms must be occupied by the guest by 8 p.m. at the latest on the agreed day of arrival, unless a later arrival time has been expressly agreed.
5.3 An extension of the stay by the guest requires the consent of the landlord.
5.4 On the agreed day of departure, the holiday flat must be vacated and made available to the landlord by 11.00 a.m. at the latest, unless a later departure of the guest has been expressly agreed with the landlord. In addition, the Landlord may charge up to 100% of the full valid accommodation price for the additional use of the holiday flat.
5.6 If the accommodation contract was agreed for a specific period of time, it shall end when the period expires. If the guest departs prematurely, the landlord is entitled to demand the full agreed remuneration.
5.7 The Landlord is entitled to terminate the Accommodation Agreement with immediate effect if the guest
(a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together unpleasant for the other occupants or commits a punishable offence against property, morality or physical safety against the landlord and his staff;
(b) is afflicted with a contagious disease or a disease that exceeds the duration of the accommodation or is in need of care;
(c) fails to pay the invoice presented to him within a reasonable period of time after being requested to do so.
5.6 If the fulfilment of the contract becomes impossible due to an event to be considered force majeure, the contract shall be cancelled
§6 Cancellation of the accommodation contract
6.1 Withdrawal of the guest, cancellation
(a) In the event that a guest cancels the booking, the landlord is entitled to reasonable compensation.
(b) The landlord has the option of claiming a cancellation fee from the guest instead of a specifically calculated compensation.
(c) The above provisions on compensation shall apply accordingly if the guest does not make use of the booked holiday flat or the booked services without notifying the landlord in good time. The following compensation shall be claimed in the event of cancellation:
Cancellation up to
45 days before the start of the rental period: 10 % of the rental price
44 - 33 days before the start of the rental period: 30 % of the rental price
32 - 22 days before the start of the rental period: 60 % of the rental price
21 - 12 days before the start of the rental period: 80 % of the rental price
11 days before the start of the rental period - start of the rental period: 90 % of the rental price
6.2 In the event of cancellation of the contract, the guest may nominate a replacement guest who is prepared to take their place in the existing contractual relationship. A processing fee of 50.00 euros may be charged for this. Cancellation fees will then not be charged.
6.3 Cancellation by the landlord
(a) If an agreed advance payment or security deposit is not made within a period set for this purpose, the Lessor shall also be entitled to withdraw from the contract.
(b) Furthermore, the landlord is entitled to withdraw from the contract for good cause, in particular if the holiday flat is booked under misleading or false statements of material facts, e.g. regarding the person of the guest or the purpose; the landlord has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the security or the reputation of the landlord in public, without this being attributable to the landlord's sphere of control or organisation; there is an unauthorised subletting or re-letting; the landlord becomes aware of circumstances that the guest's financial circumstances have deteriorated significantly after conclusion of the contract. The landlord becomes aware of circumstances in which the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the landlord.
(c) In the aforementioned cases of cancellation, the guest is not entitled to compensation. (d) The landlord has the right to cancel the contract in the event that the guest does not appear by 8 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
(e) If the guest has paid a deposit, the flat remains reserved until 12 noon of the following day at the latest.
(f) Even if the guest does not make use of the booked holiday flat, he is obliged to pay the agreed fee to the landlord
6.4 Cancellation or termination can only be made in writing. The date of receipt of the declaration by the landlord is decisive.
§7 Liability, limitation period
7.1 Should faults or defects occur in the landlord's services, the landlord shall endeavour to remedy the situation upon immediate complaint by the customer. If the guest culpably fails to notify the landlord of a defect, there shall be no entitlement to a reduction in the contractually agreed remuneration.
7.2 The landlord is liable in accordance with the statutory provisions of §970 ABGB for the items brought in by the guest. The landlord shall only be liable if the items have been handed over to the landlord or brought to a place instructed or designated for this purpose by the landlord. If the guest does not immediately comply with the landlord's request to deposit his/her belongings in a special storage location, the landlord shall be released from any liability. The amount of any liability of the landlord is limited to a maximum of the landlord's liability insurance sum. Any fault on the part of the guest must be taken into account.
7.3 The landlord shall be liable to the guest for items brought into the accommodation in accordance with the statutory provisions, up to a maximum of EUR 500.00. For valuables (cash, jewellery, etc.), this liability shall be limited to EUR 100.00. Liability claims shall lapse if the guest does not notify the landlord immediately after becoming aware of the loss, destruction or damage.
7.4 The Landlord may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually stored by guests of the accommodation establishment in question.
7.5 The Rental Firm shall only be liable for other damage caused by slight negligence if this is attributable to the breach of a material contractual obligation or a cardinal obligation in a manner that jeopardises the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical for the contract.
7.6 In the case of other damage, the liability of the Rental Firm is also limited to a maximum amount of EUR 1,000.00 for material damage and a maximum of EUR 500.00 for financial loss for each individual case of damage and all cases of damage arising from and in connection with the contractual services.
7.7 The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the landlord. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
7.8 If a parking space is made available to the guest, this does not constitute a safekeeping agreement. The landlord has no duty of supervision. In the event of loss of or damage to motor vehicles parked or manoeuvred on the landlord's property and their contents, the landlord shall not be liable unless the landlord, his legal representatives or his vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed from the lessor at the latest when the vehicle leaves the property.
7.9 The guest's claims for damages shall become time-barred no later than one year from the time at which the guest becomes aware of the damage or, irrespective of this knowledge, no later than two years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the landlord, a legal representative or vicarious agent of the landlord.
§8 Rights of the guest
8.1 By concluding an accommodation contract, the guest acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests for use without special conditions, and to the customary service.
8.2 The guest has the right to move into the rented rooms from 3.00 p.m. on the agreed day.
§9 Obligations of the guest
9.1 Upon termination of the accommodation contract, any outstanding services must be paid. The landlord is not obliged to accept cashless means of payment such as cheques, credit cards, vouchers, etc.
9.2 The Landlord's consent must be obtained before using any electrical appliances brought by the guests that are not part of the usual travelling requirements.
9.3 The guest undertakes to treat the rented rooms and furnishings with care. The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim compensation directly from the landlord.
9.4 The holiday flat may only be used by the number of persons specified in the contract. Pets are not permitted. Smoking is not permitted in the holiday flat.
9.5 The guest is obliged to check the furnishings for completeness and suitability for use when moving into the premises and to report any complaints to the landlord immediately. The guest must also notify the landlord immediately of any damage caused to the rented premises during the rental period. If the guest does not fulfil this obligation, he is not entitled to a rent reduction due to these objectionable points. The guest also undertakes to comply with the house rules.
§10 Rights of the landlord
10.1 If the Guest refuses to pay the agreed remuneration or is in arrears with it, the Landlord shall be entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the Guest. (statutory right of retention).
10.2 The Landlord shall have a lien on the items brought in by the Guest to secure the agreed remuneration. (statutory right of lien of the landlord)
10.3 Special services of the Landlord that are subject to labelling, which are not included in the accommodation fee and which may be invoiced separately, shall be settled upon the Guest's departure.
§11 Obligations of the landlord
11.1 The Landlord is obliged to provide the agreed services to a standard corresponding to its standard.
11.2 Data stored by the landlord will be processed in accordance with the GDPR (see privacy policy). Video recordings are made exclusively in the outdoor area of our property and serve for our and your safety. These recordings are only analysed in justified individual cases and are deleted 72 hours after recording.
§12 Final provisions
12.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the rental should be made in writing. Unilateral amendments or additions by the customer are invalid.
12.2 The place of fulfilment is the registered office of the Lessor.
12.3 For all disputes arising from the accommodation contract, the court with subject-matter and local jurisdiction for the accommodation establishment is agreed. However, the Landlord shall also be entitled to bring actions and other legal proceedings at the general place of jurisdiction of the Guest.
12.4 Deviating provisions, including those contained in the General Terms and Conditions of the Guest or the Customer, shall not apply unless they are expressly recognised by the Landlord in writing.
12.5 The law of the Republic of Austria shall apply.
12.6 Should individual provisions of these General Terms and Conditions for Letting be or become invalid or void, this shall not affect the validity of the remaining provisions.