General Terms & Conditions for staying at Haus Waldruhe

Scope

I. These general terms and conditions apply to rental agreements for apartments as accommodation, and to all further services and supplies that Haus Waldruhe provides for the customer.

II. Only these general terms and conditions apply. Haus Waldruhe does not recognize conflicting, deviating or additional terms and conditions of the customer, unless Haus Waldruhe has agreed to their validity in writing. These general terms and conditions also apply when Haus Waldruhe is aware of such terms and conditions of the customer and provides the services to him without reservation.

The terms and conditions are as follows:

1. Conclusion, partners and binding of the agreement

I. The contract is concluded when Haus Waldruhe accepts the customer’s request. Haus Waldruhe is free to confirm the booking of the room in writing.

II. Subletting or further letting of the rented apartments and their use for other purposes is not permitted.

III. If a third person makes the booking for the customer, he is liable to Haus Waldruhe as the ordering party, together with the customer as joint and several debtor.

2. Services, Prices, Payment, Settlement

I. Haus Waldruhe has the obligation to keep the apartments booked by the customer available and to provide the agreed services.

II. The customer is obliged to pay the applicable or agreed accommodation prices for the rental of the apartments and for the other services that he uses. This also applies to services that Haus Waldruhe provides to third parties or costs that Haus Waldruhe incurs for third parties, if the customer has requested or caused them.

III. If the customer subsequently wishes a reduction in the number of booked apartments, a reduction in the services provided or a reduction in the length of stay, Haus Waldruhe can make the consent conditional on a price increase for the apartments and/or the other services. Changes must be agreed in writing.

IV. The agreed prices include the statutory sales tax. If the sales tax rate applicable to the relevant contractual services becomes higher or lower after the agreement has been concluded, the prices will be adjusted accordingly. If the period between the conclusion of the contract and the fulfillment of the contract in accordance with the provisions of the contract exceeds four months, and if the general price charged by Haus Waldruhe for such services increases, Haus Waldruhe may agreed price by an appropriate amount, but increase by a maximum of 5%.

V. Haus Waldruhe has the right to increase prices when municipal taxes (culture tax, spa tax, etc.) are levied on the accommodation. The price increase is limited to the costs for the above taxes.

VI. Haus Waldruhe’s invoices must be paid immediately after receipt of the invoice, without deductions, unless other payment conditions have been expressly agreed. Haus Waldruhe is at all times entitled to demand immediate payment of overdue payments. In the event of late payment, Haus Waldruhe is entitled to demand late payment interest from companies of 10% and from private individuals a late payment interest of 5% of the base interest rate. Haus Waldruhe reserves the right to prove that greater damage has occurred.

VII. In justified cases (e.g. late payment by the customer or an extension of the scope of the agreement), Haus Waldruhe is entitled to increase the advance payment specified in the agreement or to demand a higher deposit equal to the expected accommodation costs.

VIII. Haus Waldruhe is furthermore entitled to demand an appropriate advance payment or a deposit from the customer at the beginning and during the stay, if this has not already been paid in accordance with the above regulations.

IX. The customer can only request settlement or reduction of a claim from Haus Waldruhe by means of an undisputed or legally valid claim.

3. Termination by the customer (unsubscribe, cancellation)

I. Cancellation of the accommodation contract by the customer requires the prior written consent of Haus Waldruhe. Without the consent of Haus Waldruhe, the customer is obliged to pay 90% of the contractually agreed overnight price with or without breakfast in the case of unused apartments. The customer has the right to prove that the above payment or the requested amount is not justified.

II. If Haus Waldruhe and the customer have agreed on a date until which the agreement can be canceled free of charge, the customer can cancel the agreement up to that date without Haus Waldruhe being able to claim payment or compensation. The right of cancellation for the customer lapses if he does not exercise his right of cancellation vis-à-vis Haus Waldruhe before the agreed date.

III. Third-party services or additional services (cakes, flowers, etc.) that are canceled by the customer’s cancellation must be paid in full by the customer.

4. Termination by Haus Waldruhe

I. If it has been agreed that the customer has the right to cancel the agreement free of charge within a certain period, Haus Waldruhe also has the right to cancel the agreement during this period when other customers apply for one of the apartments booked under the agreement.

II. If an advance payment that has been mutually agreed, or that arises from these general terms and conditions, is not made in time, Haus Waldruhe also has the right to terminate this agreement. In addition, Haus Waldruhe can file claims for damages against the customer.

III. Haus Waldruhe has the right to terminate the agreement with immediate effect if, for example, the following situations arise:

• Force majeure or other circumstances beyond the control of Haus Waldruhe make the execution of the agreement impossible.
• When booking apartments and spaces, confusing or incorrect information is deliberately provided that is essential for the agreement, for example personal data of the customer or information about the purpose of the stay.
• Haus Waldruhe has good reason to believe that the use of the services could endanger the smooth operation, safety or public image of Haus Waldruhe, without this being attributable to the management or organization of Haus Waldruhe.
• The purpose or reason for the stay is unlawful.
• Point II is infringed. 2. of these general terms and conditions.
• Haus Waldruhe is closed.
• As a debtor, the customer has provided insight into his financial situation under oath.
• A bankruptcy or suspension of payments has been filed with regard to the client’s assets.
• Customer causes nuisance to other customers in Haus Waldruhe in any way.

5. Availability, handover and return of apartments

I. The customer is not entitled to the provision of certain apartments, unless this has been expressly agreed in writing.

II. Booked apartments are available to the customer from 3 p.m. on the day of arrival. The customer is not entitled to an earlier availability. Guests arriving before 3:00 PM will be able to access their apartments as early as possible, subject to availability.

III. On the agreed day of departure, the apartments must be made available to Haus Waldruhe no later than 10:00 a.m., without the customer’s luggage being left behind. After this time, Haus Waldruhe may charge EUR 75 for longer use of the room until 6 p.m. and 100% from 6 p.m. Haus Waldruhe reserves the right to any further claims for damages. The customer can leave his luggage in the designated luggage room until his departure.

6. Liability of Haus Waldruhe

I. Haus Waldruhe is liable for all its obligations arising from the contract. Compensation claims from the customer are excluded. This does not apply to damage resulting from the violation of life, limb or health if Haus Waldruhe has influence over this violation, to other damage based on violation of duties by Haus Waldruhe as a result of intent or gross negligence, and to damage based on violation of typical contractual obligations by Haus Waldruhe as a result of intent or gross negligence. A breach of duties by Haus Waldruhe is equivalent to that of a legal representative or agent. If there are disruptions or defects in the services of Haus Waldruhe, Haus Waldruhe is obliged to remedy the situation from the moment it becomes aware of this or is pointed out by a direct complaint from the customer. The customer has an obligation to do everything that he can reasonably do to contribute to the remedying of the disruption, and to limit the potential damage as much as possible.

II. Haus Waldruhe is liable in accordance with legal regulations for objects brought into Haus Waldruhe. Money, securities and valuables can be handed over to the management and are kept in the safe. Haus Waldruhe recommends using this option.

III. If the customer – whether or not for a fee – is provided with a parking space in the hotel garage or in a hotel parking lot, no custody agreement arises from this. Haus Waldruhe is not liable in the event of loss or damage to vehicles parked or shunted on the Haus Waldruhe site and their contents, unless this involves intent or gross negligence. With regard to the exclusion of claims for damages from the customer, the provisions under VII 1. of these general terms and conditions apply mutatis mutandis.

IV. Wake-up requests are handled with the utmost care by Haus Waldruhe. With regard to the exclusion of claims for damages from the customer, point VII 1. of these general terms and conditions applies mutatis mutandis. News, mail and deliveries for guests are handled with care. Haus Waldruhe will deliver, store and – on request and for a fee – forward these.

V. In principle, all claims against Haus Waldruhe lapse one year after the start of the knowledge-dependent regular limitation period in § 1489 of the Austrian Civil Code ABGB. Claims for damages, irrespective of knowledge, expire after three years from the time of the damage incident. The limitation periods do not apply to claims based on a breach of duties by Haus Waldruhe or its agents as a result of intent or gross negligence or on a violation of life, body or health.

7. Final provision

I. Changes or additions to these general terms and conditions for stays at Haus Waldruhe must be agreed in writing. This also applies to undoing the written requirement. Unilateral changes or additions by the customer are invalid.

II. Place of performance and payment is Mallnitz (Spittal a/d Drau).

III. Legal commercial disputes – including check and bill disputes – will be settled exclusively in the competent court for Mallnitz (Spittal a/d/Drau). If a contractual partner fulfills the condition of the Austrian Civil Procedure Code (ZPO) and does not have a general domestic court of competent jurisdiction, disputes will be settled before the competent court for Mallnitz (Spittal a/d/Drau)

IV. Only Austrian law applies. Application of the Vienna Sales Convention and private international law is excluded.

V. If individual provisions in these general terms and conditions for hotel stays are or become invalid or void, the validity of the remaining provisions will not be affected by this. In all other respects, the statutory regulations apply.