GENERAL TERMS AND CONDITIONS FOR HOLIDAY HOMES ALEX

SCOPE OF APPLICATION

• These general terms and conditions apply to the holiday homes Anna-Lena and Gabriel, Rofansiedlung 404b in 6210 Wiesing

CONCLUSION OF CONTRACT – DOWN PAYMENT/RESIDUAL PAYMENT

• The accommodation contract is concluded upon acceptance of the contracting party’s order by Ferienhäuser Alex.
• The contracting party is obliged to pay the deposit no later than 10 days (receipt) after booking. The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. Payment by credit card (Visa and Mastercard) is also possible.
• The deposit is 20% of the total amount and is an instalment of the agreed fee.

• The balance must be paid no later than 14 days before the start of the holiday.
• For bookings made at short notice (less than 14 days before the start of the holiday), the entire accommodation sum must be paid immediately upon booking.

START AND END OF ACCOMMODATION

• Unless Ferienhäuser Alex offers a different occupancy time, the contractual partner has the right to move into the rented rooms from 2.00 pm on the agreed day of arrival.
• The rented rooms must be vacated by the contractual partner by 10.00 a.m. on the day of departure

CANCELLATION OF THE ACCOMMODATION CONTRACT – CANCELLATION FEE

• If the accommodation contract provides for a down payment and the down payment has not been made by the contractual partner in due time, Ferienhäuser Alex may withdraw from the accommodation contract without granting a grace period.
• Unless otherwise agreed, Ferienhäuser Alex may unilaterally terminate the accommodation contract for objectively justified reasons up to 3 months before the agreed date of arrival of the contractual partner.

CANCELLATION BY THE CONTRACTING PARTY – CANCELLATION FEE

• Cancellation fees for the Alex holiday homes in Wiesing
• up to 61 days before the day of arrival 20 % of the total package price;
• from 60 to 35 days before the day of arrival 50 % of the total package price;
• from 34 to 3 days before the day of arrival 80 % of the total package price.
• from the 2nd day before the day of arrival 100% of the total package price

until 61st day	60th – 35th day	34th day – 3rd day	from day 2
20%	50 %	80 %	100 %

OBSTACLES TO TRAVELLING

If the contractual partner is unable to arrive at the Alex holiday homes on the day of arrival due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.

The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.

PROVISION OF ALTERNATIVE ACCOMMODATION

• The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified
• An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures make this step necessary.
• Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

RIGHTS OF THE CONTRACTUAL PARTNER

• By concluding an accommodation contract, the contractual partner acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are usually accessible to the guests for use without special conditions, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

OBLIGATIONS OF THE CONTRACTUAL PARTNER

• The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to the separate utilisation of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
• The contractual partner is liable to Ferienhäuser Alex for any damage caused by him or the guest or other persons who accept services from Ferienhäuser Alex with the knowledge or will of the contractual partner.

DUTIES OF THE HOLIDAY HOMES ALEX

• The accommodation provider is obliged to provide the agreed services to an extent that corresponds to its standard.

LIABILITY OF HOLIDAY HOMES ALEX FOR DAMAGE TO PROPERTY BROUGHT IN

• The Proprietor shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. Pursuant to Section 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a special storage place, the accommodation provider shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the contractual partner or guest shall be taken into account.
• The Proprietor shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits are not covered under any circumstances.
• The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
• In any case of assumed storage, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor of the damage incurred immediately upon becoming aware of it. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or the Guest; otherwise the right shall lapse.

LIMITATIONS OF LIABILITY

• If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury,
• If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated.

ANIMAL HUSBANDRY

• Animals may only be brought to the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee
• The Party bringing along an animal shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
• The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the accommodation provider.
• The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.

EXTENSION OF THE ACCOMMODATION

• The Party shall not be entitled to an extension of their stay. If the Party notifies the Proprietor of their wish to extend their stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement for a fee.If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) that render all departure options closed or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.

TERMINATION OF THE ACCOMMODATION CONTRACT – PREMATURE CANCELLATION

• If the accommodation contract was concluded for a specific period of time, it ends on the day of departure.

• If the contracting party departs prematurely, Ferienhäuser Alex is entitled to demand the full agreed compensation. Ferienhäuser Alex will deduct any savings resulting from the non-utilization of its services or any income obtained through the alternative rental of the reserved rooms. Savings are only applicable if Ferienhäuser Alex is fully occupied at the time of the non-utilization of the rooms ordered by the guest and if the rooms can be rented to other guests due to the cancellation by the contracting party. The burden of proof for the savings lies with the contracting party.

• The contract ends on the day of the guest’s death.

• The host is authorized to terminate the accommodation contract with immediate effect for good cause, especially if the contracting party or the guest makes significantly detrimental use of the premises or if their reckless, offensive, or otherwise grossly improper behavior spoils the coexistence with the other guests, the owner, their staff, or the third parties residing in the Alex holiday homes, or if they commit an act punishable by law against the property, morality, or physical safety of these individuals.

1. afflicted by an infectious disease or a condition that extends beyond the recovery period, or otherwise requires care;

• If the fulfillment of the contract becomes impossible due to an event deemed as force majeure (e.g. natural disasters, strikes, lockouts, government orders, etc.), the host can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered dissolved by law or the host is exempt from their obligation to provide accommodation. Any claims for damages, etc., from the contracting party cannot be made.

ILLNESS OR DEATH OF THE GUEST

• If a guest falls ill during their stay at the accommodation establishment, Ferienhäuser Alex will provide medical care at the guest’s request. If there is imminent danger, Ferienhäuser Alex will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so themselves
• As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the Alex holiday homes will arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been informed of the illness.
• Ferienhäuser Alex shall be entitled to claim compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:

1. outstanding medical costs, costs for patient transport, medication and medical aids
2. room disinfection that has become necessary,linen, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
3. restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,room rent, insofar as the room was used by the guest, plus any days on which the rooms were unusable due to disinfection, evacuation or similar,

PLACE OF FULFILMENT, PLACE OF JURISDICTION AND CHOICE OF LAW

• The place of fulfilment is the location of the Alex holiday homes.
• This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
• The exclusive place of jurisdiction for bilateral business transactions is the registered office of Ferienhäuser Alex, whereby Ferienhäuser Alex is also entitled to assert its rights before any other court with local and subject-matter jurisdiction.
• If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.
• If the accommodation contract was concluded with a contractual partner who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.

MISCELLANEOUS

• Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event on which the start of the time limit is to be based falls shall not be included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.
• Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
• Ferienhäuser Alex is entitled to offset its own claims against claims of the contractual partner. The contractual partner is not entitled to offset its own claims against claims of Ferienhäuser Alex unless Ferienhäuser Alex is insolvent or the contractual partner’s claim has been established by a court or by Ferienhäuser Alex.
• In the event of loopholes, the relevant statutory provisions shall apply.