Valid for bookings from 8 July 2005
1. General Information
Subject of these terms and conditions is the tenancy of the holiday flat Kronegarten in Gmunden (Austria), Satoristar. 9a, according to the published capabilities list on the contractor’s website that is part of these terms and conditions.
2. Contracting party
2.1 Contractor of the holiday flat is Mr Heinrich Krobbach, Usinger Str. 6, 60389 Frankfurt.
2.2 Those calling upon tenancy are guests in terms of hotel contract conditions.
3. Contract conclusion, Deposit, and Due Date of Fee
3.1 The tenancy contract comes off by sending of a booking confirmation to the booking customer. This is affected through the online booking with Tiscover AG (http://www.tiscover.at/). Bookings directly with the contractor (via letter, fax, online booking) are affected by himself.
3.2 The booking customer has to perform a deposit. When booking via Tiscover AG, the amount will be reported on the booking form.
3.3 When booking directly with the contractor the deposits amount to 15% of the total fee and has to be transferred within 7 days on receipt of booking confirmation at the latest.
3.4 The total fee has to be transferred to the mentioned account of the contractor 7 days before beginning of tenancy at the latest. Only with short-term bookings, the fee has to be paid cash when referring the flat.
Foreign currencies will be accepted in payment from the contractor, as far as possible, at the current rate. The contractor is not obliged to accept means of cashless payment such as cheques, credit cards, tokens, vouchers etc. All necessary expenses with acceptance of those commercial papers, e.g. for telegrams, investigation etc, are to the account of the guest.
Banking charges must be borne by you. Please enquire at your bank. Debits to my account arising from such charges have to be charged to you. Alternatively, you could pay via Paypal (to: firstname.lastname@example.org) Please let me know about this.
4. Commencement and Termination of Tenancy
4.1 The guest’s right is to move into the rented premises on the agreed day from 2 pm on.
4.2 In case a room is called upon the first time before 6 am, the previous night is deemed as the first overnight stay.
4.3 The rented premises are to be disengaged by the guest on the day of departure by 10 am.
5. Tenancy Contract’s Rescission (Cancellation)
5.1 Cancellation via the internet based information and bookings system from Tiscover AG conducted bookings by the guest are only legally effective when declared in written to Tiscover as well as the contractor of touristy benefits.
When booking directly with the contractor, cancellations had to be declared to him via letter (date of postal stamp), email or fax.
5.2 At the latest three months before the agreed day of the guest’s arrival, the contractor could cancel the tenancy contract through deed poll without stating any reasons.
5.3 Booking cancellation carried out up to 30 days before the agreed arrival date are free for the booking customer with the exception of an overall service fee amounting to 10,00 EUR. The already performed deposit reduced by the service fee will be refunded to the booking customer within two months. In case the deposit is lower than the service fee of 10,00 EUR, refunding will not be performed.
5.4 With cancellations within 30 days before the agreed date of arrival (29 days up to 7 days) 50% of the total fee (the performed deposit with the contractor or with Tiscover are offset)are to be paid, in case the room could not be let otherwise.
5.5 With cancellations within 7 day before commencement of tenancy or non-appearance at the agreed leasing date 100% of the total fee is to be paid.
5.6 The contractor of touristy benefits must deduct, however, in the cases of point 5.4 and 5.5 what he saved due to none-utilization of his/her service offering or what he/her received by further letting of the booked rooms. It is incumbent on the contractor of touristy benefits to endeavour, circumstances permitting, further letting of the rooms not engaged
5.7 The contractor is allowed to withdraw from contract, if the guest has not arrived by 6 pm on the agreed day of arrival, as far as not a later time of arrival has been agreed on.
5.8 Even if the guest does not engage the booked achievements up, he/she is obliged to pay the agreed fee.
6. Provision of replacement accommodation
6.1 The contractor of touristy benefits could put an adequate room to the guest’s disposal, if this is reasonable for the guest, particularly because the deviation is negligible and is justified to the purpose.
6.2 A justification to the purpose is given e.g. if the room (the rooms) became unusable, already accommodated guests extend their stay or other important internal procedure determine this step.
6.3 With inevitable cancellations by the contractor of touristy benefits, he/she is obligated, to make immediately sure that the guest receives, as soon as possible, an equivalent spare accommodation. In case the guest is exceptionally only advised upon his/her arrival about the cancellation by the contractor of touristy information, the contractor has to provide within four hours, at the latest, for a spare accommodation.
6.4 Possibly additional expenditures for the spare accommodation are on the contractor of touristy benefits’ expenses.
7. Guest’s Rights
7.1 By conclusion of the letting contract the guest acquires the right to the normal use of the rented rooms.
7.2 The guest has the right to move into the rent rooms from 2 pm on of the agreed day.
8. Guest’s Obligation
8.1 The guest’s obligation is to normally use and handle with care the flat as well as the furnishing and all accessible adjoining rooms and outside facilities.
8.2 Before using electronically devices that the guests took with them and are not belonging to the common travel necessities, the agreement of the contractor of touristy benefits has to be solicited.
8.3 Regulations of tort are valid for damages caused by the guest. Therefore the guest is liable for any damage or disadvantage the contractor or third party suffers by the guest’s or companion’s or other person’s blame, for which he/she is responsible, even though when the claimant is entitled to directly claim against the contractor for indemnification.
8.4 Potential complaints on deficiencies referring to the capabilities list, the guest has to immediately advise the contractor or his/her assignee about those to give the opportunity to the contractor or assignee to produce relief.
9. Contractor of touristy benefits’ Rights
9.1 Refuses the guest payment of the required fee or is he/she is in arrears with it; the contractor has the right to refuse delivery of the flat. Further he/she can keep the brought items for covering his/her claim out of lodging and provisions as well as his/her disbursement of the guest.
9.2 The contractor of touristy benefits has the lien of the items brought by the guest for indemnification of the agreed fee.
9.3 Is more service than in the capabilities list required, the contractor of touristy benefits is entitled to require an additional fee for this. This additional fee has to be agreed on before generating benefits. He/she can refuse the benefits due to internal reasons.
10. Contractor’s Obligations
10.1 The contractor is obliged to perform the agreed benefits to the extend according to standard.
10.2 The contractor guarantiees that the mentioned lease price is an inclusive preis and covers all fees, taxes, and other duties.
10.3 Advising obligations for the contractor’s special service, that is not included in the lease price, is the flat’s final cleaning upon re-delivery of the flat.
11. The contractor’s liability for damage
11.1 The contractor of touristy benefits is liable for any damage a guest suffers, when the damage occurs within the business and it is his/her or his/her employee’s blame.
11.2 The contractor’s liability for those items brought in the flat or adjoining rooms (garage, drying room, bikes’ storage room) is excluded.
12. Animal Husbandry
Taking animals with you is not allowed.
13. Extension of Accommodation
An extension of accommodation by the guest requires the contractor of touristy benefits’ agreement.
14. Termination of Accommodation
14.1 Was the lease contract agreed on a particular period, so will it be terminated after the time lapse. In case of the guest’s earlier departure, the contractor is entitled to demand the entirely agreed fee. However, the contractor is obliged to strive for a further letting of the not used rooms, according to the circumstances.
14.2 The contract with the contractor is terminated with the guest’s death.
14.3 In case the guest does not move out of the rooms by 12h, the contractor of touristy benefits is entitled to charge the room price for an additional day.
14.4 The contractor is entitled to terminate the accommodating respectively package tour contract with immediate effect, when the guest
a) uses the accommodation in a considerably disadvantageous way or puts the other inhabitants of the housing estate off staying there by his/her inconsiderate, displeasing or other uncivilly improper behaviour or could be blamed with an act threatened by punishment against property, morality or physical security towards the contractor, his/her employees or a person staying on the housing estate
b) suffers from an infectious or the period of accommodation extending illness or come into need of care;
15. Guest’s Indisposition or Death in the accommodation business
15.1 In case of the guest’s indisposition during the stay in the accommodation business, the contractor is obliged to care for medical attendance when necessary and the guest could not care for himself / herself.
15.2 The contractor of touristy benefits has the following claim of expenses’ compensation towards the guest respectively in case of death towards his/her legal successor:
a) Compensation of the guest’s unpaid doctor’s fee;
b) for the necessary room’s disinfection when instructed by public health officer;
c) at best compensation for laundry, bedclothes, and bed equipment gone unfeasible agains handing over of the items to the legal successor, otherwise for disinfection or extensive cleaning of all those objects;
d) for the repair of walls, fixtures, carpets etc as far as they are soiled or damaged in contect with the indisposition or case of death;
e) for the room price as far as omitted temporarily due to the indisposition or death (at a minimum of three days and at a maximum of seven days).
16. Place of performance and jurisdiction
16.1 Place of performance is the place, where the holiday flat Kronegarten is situated.
16.2 For all disputes from the letting contract the for the place of performance objective and regional responsible court is agreed on, apart from
a) the guest has, as a consumer, one in the country of the holiday flat situated working place or domicile; in this case, the agreed place of jurisdiction will be the place named by the guest during registration;
b) the guest has, as a consumer, only a working place in the country of the holiday flat; in this case that place will be the agreed place of jurisdiction.
Your data will be stored electronically by me for the sole purpose of the administration of your stay.
Your name and date of birth as well as the period of the stay will be given to the tourism federation in accordance with the decree of the local authorities of Gmunden, to pay the tourist tax.
No other passing on of your data takes place.
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