Conditions Please note that our apartment is a Non smoking apartment. Pets are not allowed for hygienic reasons. Our general terms and conditions apply to the hotel industry (see below). The right of withdrawal according to § 18 Abs. 1 Z. 10 FAGG does not apply. This means for you: Up to 3 months before arrival you can cancel free of charge. From 3 months to 1 month before arrival we charge 40% of the travel price. From 1 month to 1 week before arrival, the cancellation fee is 70%. In case of cancellation within the last week before arrival we will charge you 90% of the price, in case of early departure 100%. In the case of an online booking through another portal (booking.com, hrs, trivago, fewodirekt, tripadvisor, .....), the cancellation conditions agreed there apply. GENERAL TERMS AND CONDITIONS FOR THE HOTEL 2006 (AGBH 2006) Version of 15.11.2006 Contents § 1 Scope § 2 Definitions § 3 contract - deposit § 4 Beginning and end of accommodation § 5 Cancellation of the accommodation contract - cancellation fee § 6 Provision of a substitute accommodation § 7 Rights of the contracting party § 8 Obligations of the contracting party § 9 Rights of the accommodation provider § 10 Duties of the accommodation provider § 11 Liability of the accommodation provider for damage to items brought in § 12 Limitations of Liability § 13 Animal Husbandry § 14 Extension of accommodation § 15 Termination of the accommodation contract - Early dissolution § 16 illness or death of the guest in the accommodation contract § 17 Place of fulfillment, jurisdiction and choice of law § 18 Miscellaneous § 1 Scope   1.1 These general terms and conditions for the hotel industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981.   1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.     § 2 Definitions   2.1 Definitions:   "Hotelier": is a natural or legal person who accommodates guests for a fee.   "Guest": is a natural person who takes shelter. The guest is usually also a contracting party. Guests are also those persons who arrive with the contracting party (eg family members, friends etc).   "Contractual Partner": is a natural or legal person, at home or abroad, who concludes an accommodation contract as a guest or for a guest.   "Consumer" and "entrepreneur": The terms are to be understood in the sense of the consumer protection law 1979 idgF.   "Accommodation contract": is the contract concluded between the hotelier and the contracting party, the content of which is specified in more detail below. § 3 contract - deposit   3.1 The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic declarations shall be deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access is made to the advertiser's stated business hours.   3.2 The hotelier is entitled to conclude the accommodation contract on the condition that the contracting party pays a down payment. In this case, the hotelier is obliged, before accepting the written or verbal order of the contracting party, to inform the contracting party of the required down payment. If the contracting party agrees to the down payment (in writing or verbally), the accommodation contract is concluded upon receipt of the agreement to pay the down payment of the contracting party to the accommodation provider.   3.3 The contracting party is obligated to pay the down payment no later than 7 days (incoming) before the accommodation. The costs for the financial transaction (eg transfer charges) are borne by the contracting party. For credit and debit cards the respective conditions of the card companies apply.   3.4 The down payment is a partial payment on the agreed fee.     § 4 Beginning and end of accommodation   4.1 The contracting party has the right, if the hotelier offers no other reference time, to move into the rented rooms from 4.00 pm on the agreed day ("day of arrival").   4.2 If a room is booked for the first time before 6:00 am, the previous night counts as the first night.   4.3 The rented rooms are to be vacated by the contracting party on the day of departure by 12.00 noon. The hotelier is entitled to charge an additional day if the rented rooms are not vacated on time. § 5 Cancellation of the accommodation contract - cancellation fee   Resignation by the hotelier   5.1 If the accommodation contract provides for a down payment and the advance payment was not made on time by the contracting party, the accommodation provider may withdraw from the accommodation contract without a period of grace.   5.2 If the guest does not arrive by 6 pm on the agreed arrival day, there is no accommodation obligation, unless a later arrival time has been agreed.   5.3 If the contracting party has made a down payment (see 3.3), on the other hand, the premises will be reserved at the latest by 12.00 noon on the day following the agreed arrival date. For prepayment of more than four days, accommodation starts at 6 pm on the fourth day, with the day of arrival being the first day, unless the guest announces a later day of arrival.   5.4 No later than 3 months before the agreed date of arrival of the contracting party, the lodging contract may be terminated by the hotelier, for justifiable reasons, unless otherwise agreed, by unilateral declaration.   Cancellation by the contracting party - cancellation fee   5.5 No later than 3 months before the agreed date of arrival of the guest, the accommodation contract can be canceled without payment of a cancellation fee by unilateral declaration by the contracting party.   5.6 Outside the scope of § 5.5. Withdrawal by unilateral declaration of the contracting party is only possible after payment of the following cancellation fees:   - up to 1 month before the arrival date 40% of the total price of the arrangement;   - until 1 week before the day of arrival 70% of the total arrangement price;   - in the last week before the day of arrival 90% of the total arrangement price. Up to 3 months before arrival you can cancel free of charge. From 3 months to 1 month before arrival we charge 40% of the travel price. From 1 month to 1 week before arrival, the cancellation fee is 70%. In case of cancellation within the last week before arrival we will charge you 90% of the price, in case of early departure 100%.       Disabilities of arrival   5.7 If the contractual partner can not appear at the accommodation on the day of arrival, because all unforeseeable circumstances (eg extreme snowfall, flood etc.) make it impossible to travel, the contractual partner is not obliged to pay the agreed fee for the day of arrival.   5.8 The fee payment obligation for the booked stay lives on from arrival possibility again, if the journey becomes possible again within three days.     § 6 Provision of a substitute accommodation   6.1 The Proprietor may provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is insignificant and objectively justified.   6.2 A factual justification is given, for example, when the room (s) has become unusable, guests already quartered extend their stay, overbooking or other important operational measures necessitate this step.   6.3 Any additional expenses for the replacement accommodation will be at the expense of the accommodation provider.     § 7 Rights of the contracting party 7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are normally accessible to the guests for use and without any special conditions, and to the usual operation. The contracting party must exercise its rights in accordance with any hotel and / or guest guidelines (house rules). § 8 Obligations of the contracting party   8.1 The contracting party is obligated to pay the agreed remuneration plus any additional amounts that have arisen due to the separate use of services by him and / or the guests accompanying him plus VAT at the latest at the time of departure.   8.2 The hotelier is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be taken into account at the current exchange rate. If the accommodation provider accepts foreign currency or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.   8.3 The contracting party shall be liable to the hotelier for any damage he or the guest or other persons who receive services of the accommodation provider with the knowledge or will of the contracting party.     § 9 Rights of the accommodation provider   9.1 If the contractual partner refuses to pay the conditional fee or if he is in arrears, the proprietor is entitled to the legal right of retention pursuant to § 970c ABGB and the legal lien pursuant to § 1101 ABGB to the items brought by the contracting party or the guest. This right of retention or pledge is also to the hotelier to secure his claim from the accommodation contract, in particular for meals, other expenses, which were made for the contracting party and for any claims for compensation of any kind.   9.2 If the service in the room of the contracting party or at extraordinary times of the day (after 20.00 o'clock and before 6.00 o'clock) is demanded, then the proprietor is entitled to demand a special fee for it. However, this special fee is to be distinguished on the room price table. The hotelier can also refuse these services for operational reasons.   9.3 The hotelier has the right to anytime billing or interim settlement of his service. § 10 Duties of the accommodation provider   10.1 The Proprietor is obliged to provide the agreed services to an extent that complies with its standard.   10.2 Special services of the accommodation provider which are not included in the accommodation charge are exemplary:   a) special accommodation, which may be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garaging, etc .; b) A reduced price will be charged for the provision of extra beds or cots.     § 11 Liability of the accommodation provider for damage to items brought in   11.1 The hotelier is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the hotelier is only given if the property has been handed over to the hotelier or the people authorized by the hotelier or has been brought to a location designated or designated by the hotelier. Insofar as the Proprietor fails to prove this, the Proprietor is liable for his or her own fault or the fault of his / her people as well as the departing and incoming persons. In accordance with § 970 para. 1 ABGB, the hotelier is liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contracting partner or the guest does not immediately comply with the request of the accommodation provider to deposit his belongings at a special repository, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. A fault of the contracting party or guest must be considered.   11.2 The liability of the accommodation provider is excluded for slight negligence. If the contracting party is an entrepreneur, liability is excluded even for gross negligence. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential damages or indirect damages as well as lost profits are under no circumstances replaced.   11.3 The hotelier is liable for valuables, money and securities only up to the amount of currently € 550, -. The hotelier is liable for any further damage only in the event that he has taken over these things in the knowledge of their condition for safekeeping or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis. 11.4 The lodging of valuables, money and securities may be refused by the Proprietor if the goods are of much more value than are usually custody of guests of the Accommodation Company in question.   11.5 Liability is excluded in any case of the storage taken over, if the contracting party and / or guest not immediately notify the accused of the damage that has occurred. Moreover, these claims must be asserted in court within three years from knowledge or possible knowledge of the contracting party or guest; otherwise the right is extinguished.     § 12 Limitations of Liability   12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.   12.2If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be replaced always finds its limit in the amount of confidence.     § 13 Animal Husbandry   13.1 Animals may only be brought to the accommodation company with the prior consent of the hotelier and, if necessary, against special remuneration.   13.2 The contracting party, which takes along an animal, is obliged to keep this animal in proper care during its stay or to supervise it or have it kept at its expense by suitable third parties or to have it supervised.   13.3 The contracting party or guest who takes along an animal must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the accommodation provider. 13.4 The contracting party or its insurer are liable to the hotelier for the undivided hand for the damage caused by the animals brought along. The damage includes in particular also those compensation services of the accommodation provider, which the accommodation provider must provide to third parties.   13.5 In den Salons, Gesellschafts-, Restauranträumen und Wellnessbereichen dürfen sich Tiere nicht aufhalten.      § 14 Extension of accommodation   14.1 The contracting party is not entitled to a prolongation of his stay. If the contracting party terminates his request for an extension of the stay in good time, the hotelier may agree to the extension of the accommodation contract. The hotelier makes no commitment.   14.2 If the contracting party can not leave the accommodation company on the day of departure because of unforeseeable extraordinary circumstances (eg extreme snowfall, flood etc.) all departure options are blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contracting party can not fully use the offered services of the accommodation company due to the extraordinary weather conditions. The hotelier is entitled to claim at least the fee corresponding to the usually charged price in the low season.     § 15 Termination of the accommodation contract - Early dissolution   15.1 If the accommodation contract has been concluded for a certain period of time, it will end with the passage of time.   15.2 If the contracting party leaves prematurely, the hotelier is entitled to demand the full agreed remuneration. The hotelier will deduct what he saves as a result of non-use of his services or what he has received by other letting of the ordered rooms. A saving exists only if the accommodation company is fully utilized at the time of non-use of the rooms ordered by the guest and the space can be rented to other guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.   15.3 The death of a guest ends the contract with the hotelier. 15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract.   15.5 The hotelier is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest   a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper conduct, disgusts the co-residence of the other guests, the owner, his / her people or the third party resident in the accommodation establishment, or faces a punishable offense against these persons guilty of property, morality or physical safety; (b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation; c) the invoices submitted are not paid when due within a reasonable time (3 days).   15.6 If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strikes, lockouts, official decrees etc), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed to be dissolved under the law , or the hotelier is exempt from his accommodation obligation. Any claims for damages etc of the contracting party are excluded.     § 16 illness or death of the guest   16.1 If a guest falls ill during his stay at the tourist accommodation, the hotelier will provide medical care for the guests. If danger is imminent, the hotelier will arrange the medical care even without special request of the guest, especially if this is necessary and the guest himself is not able to do so.   16.2 As long as the guest is unable to make decisions or the guest's relatives can not be contacted, the host will arrange for medical treatment at the guest's expense. However, the scope of these measures ends when the guest can make decisions or when the family member has been notified of the illness. 16.3 The Proprietor shall have compensation claims against the Contractual Partner and the Guest or in the event of death against their legal successors, in particular for the following costs:   a) medical expenses, medical expenses and medicines; b) room disinfection which has become necessary; c) wasted laundry, bed linen and bed furniture, otherwise for the disinfection or thorough cleaning of all these items; d) restoration of walls, furnishings, carpets, etc .; as far as these were contaminated or damaged in connection with the illness or the death, e) room rent, as far as the room was used by the guest, plus any days of inability to use the rooms due to disinfection, eviction o. ä, f) any other damages, which arise for the hotelier.     § 17 Place of fulfillment, jurisdiction and choice of law   17.1 Place of performance is the place where the tourist accommodation is located.   17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (IPRG and EVÜ) and UN sales law.   17.3 The exclusive place of jurisdiction in the bilateral entrepreneur's business is the domicile of the Proprietor, whereby the Proprietor is also entitled to assert his rights with any other local and relevant court.   17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer may only be brought in at the domicile, habitual residence or place of employment of the consumer.   17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and resides in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, this is local and objective for the consumer's domicile for complaints against the consumer competent court exclusively responsible. § 18 Miscellaneous   18.1 Unless otherwise provided for by the above provisions, the period of time commences upon notification of the document ordering the time limit to the contracting parties which must observe the time limit. When calculating a period, which is determined by days, the day is not counted, in which the time or the event falls, after which the beginning of the period is to be determined. Periods determined by weeks or months refer to the days of the week or the month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.   18.2 Statements must be received by the other party on the last day of the deadline (24:00).   18.3 The Proprietor is entitled to offset against claims of the Contracting Party with its own claims. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party is legally established or recognized by the accommodation provider.   18.4 In the event of loopholes, the relevant statutory provisions apply.
Fam. Christian Kiechler, Hupfezerweg 1, A-6526 Kauns; +43 650 5601002; stay(at)apart-franziska.at
AGB
Welcome Galery Service Book now Enquiry Summer Winter Ski pass Ratings Contakt-arrival
Apart  Franziska
   Apartment with view
Conditions Please note that our apartment is a Non smoking apartment. Pets are not allowed for hygienic reasons. Our general terms and conditions apply to the hotel industry (see below). The right of withdrawal according to § 18 Abs. 1 Z. 10 FAGG does not apply. This means for you: Up to 3 months before arrival you can cancel free of charge. From 3 months to 1 month before arrival we charge 40% of the travel price. From 1 month to 1 week before arrival, the cancellation fee is 70%. In case of cancellation within the last week before arrival we will charge you 90% of the price, in case of early departure 100%. In the case of an online booking through another portal (booking.com, hrs, trivago, fewodirekt, tripadvisor, .....), the cancellation conditions agreed there apply. GENERAL TERMS AND CONDITIONS FOR THE HOTEL 2006 (AGBH 2006) Version of 15.11.2006 Contents § 1 Scope § 2 Definitions § 3 contract - deposit § 4 Beginning and end of accommodation § 5 Cancellation of the accommodation contract - cancellation fee § 6 Provision of a substitute accommodation § 7 Rights of the contracting party § 8 Obligations of the contracting party § 9 Rights of the accommodation provider § 10 Duties of the accommodation provider § 11 Liability of the accommodation provider for damage to items brought in § 12 Limitations of Liability § 13 Animal Husbandry § 14 Extension of accommodation § 15 Termination of the accommodation contract - Early dissolution § 16 illness or death of the guest in the accommodation contract § 17 Place of fulfillment, jurisdiction and choice of law § 18 Miscellaneous § 1 Scope   1.1 These general terms and conditions for the hotel industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981.   1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.     § 2 Definitions   2.1 Definitions:   "Hotelier": is a natural or legal person who accommodates guests for a fee.   "Guest": is a natural person who takes shelter. The guest is usually also a contracting party. Guests are also those persons who arrive with the contracting party (eg family members, friends etc).   "Contractual Partner": is a natural or legal person, at home or abroad, who concludes an accommodation contract as a guest or for a guest.   "Consumer" and "entrepreneur": The terms are to be understood in the sense of the consumer protection law 1979 idgF.   "Accommodation contract": is the contract concluded between the hotelier and the contracting party, the content of which is specified in more detail below. § 3 contract - deposit   3.1 The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic declarations shall be deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access is made to the advertiser's stated business hours.   3.2 The hotelier is entitled to conclude the accommodation contract on the condition that the contracting party pays a down payment. In this case, the hotelier is obliged, before accepting the written or verbal order of the contracting party, to inform the contracting party of the required down payment. If the contracting party agrees to the down payment (in writing or verbally), the accommodation contract is concluded upon receipt of the agreement to pay the down payment of the contracting party to the accommodation provider.   3.3 The contracting party is obligated to pay the down payment no later than 7 days (incoming) before the accommodation. The costs for the financial transaction (eg transfer charges) are borne by the contracting party. For credit and debit cards the respective conditions of the card companies apply.   3.4 The down payment is a partial payment on the agreed fee.     § 4 Beginning and end of accommodation   4.1 The contracting party has the right, if the hotelier offers no other reference time, to move into the rented rooms from 4.00 pm on the agreed day ("day of arrival").   4.2 If a room is booked for the first time before 6:00 am, the previous night counts as the first night.   4.3 The rented rooms are to be vacated by the contracting party on the day of departure by 12.00 noon. The hotelier is entitled to charge an additional day if the rented rooms are not vacated on time. § 5 Cancellation of the accommodation contract - cancellation fee   Resignation by the hotelier   5.1 If the accommodation contract provides for a down payment and the advance payment was not made on time by the contracting party, the accommodation provider may withdraw from the accommodation contract without a period of grace.   5.2 If the guest does not arrive by 6 pm on the agreed arrival day, there is no accommodation obligation, unless a later arrival time has been agreed.   5.3 If the contracting party has made a down payment (see 3.3), on the other hand, the premises will be reserved at the latest by 12.00 noon on the day following the agreed arrival date. For prepayment of more than four days, accommodation starts at 6 pm on the fourth day, with the day of arrival being the first day, unless the guest announces a later day of arrival.   5.4 No later than 3 months before the agreed date of arrival of the contracting party, the lodging contract may be terminated by the hotelier, for justifiable reasons, unless otherwise agreed, by unilateral declaration.   Cancellation by the contracting party - cancellation fee   5.5 No later than 3 months before the agreed date of arrival of the guest, the accommodation contract can be canceled without payment of a cancellation fee by unilateral declaration by the contracting party.   5.6 Outside the scope of § 5.5. Withdrawal by unilateral declaration of the contracting party is only possible after payment of the following cancellation fees:   - up to 1 month before the arrival date 40% of the total price of the arrangement;   - until 1 week before the day of arrival 70% of the total arrangement price;   - in the last week before the day of arrival 90% of the total arrangement price. Up to 3 months before arrival you can cancel free of charge. From 3 months to 1 month before arrival we charge 40% of the travel price. From 1 month to 1 week before arrival, the cancellation fee is 70%. In case of cancellation within the last week before arrival we will charge you 90% of the price, in case of early departure 100%.       Disabilities of arrival   5.7 If the contractual partner can not appear at the accommodation on the day of arrival, because all unforeseeable circumstances (eg extreme snowfall, flood etc.) make it impossible to travel, the contractual partner is not obliged to pay the agreed fee for the day of arrival.   5.8 The fee payment obligation for the booked stay lives on from arrival possibility again, if the journey becomes possible again within three days.     § 6 Provision of a substitute accommodation   6.1 The Proprietor may provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is insignificant and objectively justified.   6.2 A factual justification is given, for example, when the room (s) has become unusable, guests already quartered extend their stay, overbooking or other important operational measures necessitate this step.   6.3 Any additional expenses for the replacement accommodation will be at the expense of the accommodation provider.     § 7 Rights of the contracting party 7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are normally accessible to the guests for use and without any special conditions, and to the usual operation. The contracting party must exercise its rights in accordance with any hotel and / or guest guidelines (house rules). § 8 Obligations of the contracting party   8.1 The contracting party is obligated to pay the agreed remuneration plus any additional amounts that have arisen due to the separate use of services by him and / or the guests accompanying him plus VAT at the latest at the time of departure.   8.2 The hotelier is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be taken into account at the current exchange rate. If the accommodation provider accepts foreign currency or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.   8.3 The contracting party shall be liable to the hotelier for any damage he or the guest or other persons who receive services of the accommodation provider with the knowledge or will of the contracting party.     § 9 Rights of the accommodation provider   9.1 If the contractual partner refuses to pay the conditional fee or if he is in arrears, the proprietor is entitled to the legal right of retention pursuant to § 970c ABGB and the legal lien pursuant to § 1101 ABGB to the items brought by the contracting party or the guest. This right of retention or pledge is also to the hotelier to secure his claim from the accommodation contract, in particular for meals, other expenses, which were made for the contracting party and for any claims for compensation of any kind.   9.2 If the service in the room of the contracting party or at extraordinary times of the day (after 20.00 o'clock and before 6.00 o'clock) is demanded, then the proprietor is entitled to demand a special fee for it. However, this special fee is to be distinguished on the room price table. The hotelier can also refuse these services for operational reasons.   9.3 The hotelier has the right to anytime billing or interim settlement of his service. § 10 Duties of the accommodation provider   10.1 The Proprietor is obliged to provide the agreed services to an extent that complies with its standard.   10.2 Special services of the accommodation provider which are not included in the accommodation charge are exemplary:   a) special accommodation, which may be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garaging, etc .; b) A reduced price will be charged for the provision of extra beds or cots.     § 11 Liability of the accommodation provider for damage to items brought in   11.1 The hotelier is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the hotelier is only given if the property has been handed over to the hotelier or the people authorized by the hotelier or has been brought to a location designated or designated by the hotelier. Insofar as the Proprietor fails to prove this, the Proprietor is liable for his or her own fault or the fault of his / her people as well as the departing and incoming persons. In accordance with § 970 para. 1 ABGB, the hotelier is liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contracting partner or the guest does not immediately comply with the request of the accommodation provider to deposit his belongings at a special repository, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. A fault of the contracting party or guest must be considered.   11.2 The liability of the accommodation provider is excluded for slight negligence. If the contracting party is an entrepreneur, liability is excluded even for gross negligence. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential damages or indirect damages as well as lost profits are under no circumstances replaced.   11.3 The hotelier is liable for valuables, money and securities only up to the amount of currently € 550, -. The hotelier is liable for any further damage only in the event that he has taken over these things in the knowledge of their condition for safekeeping or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis. 11.4 The lodging of valuables, money and securities may be refused by the Proprietor if the goods are of much more value than are usually custody of guests of the Accommodation Company in question.   11.5 Liability is excluded in any case of the storage taken over, if the contracting party and / or guest not immediately notify the accused of the damage that has occurred. Moreover, these claims must be asserted in court within three years from knowledge or possible knowledge of the contracting party or guest; otherwise the right is extinguished.     § 12 Limitations of Liability   12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.   12.2If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be replaced always finds its limit in the amount of confidence.     § 13 Animal Husbandry   13.1 Animals may only be brought to the accommodation company with the prior consent of the hotelier and, if necessary, against special remuneration.   13.2 The contracting party, which takes along an animal, is obliged to keep this animal in proper care during its stay or to supervise it or have it kept at its expense by suitable third parties or to have it supervised.   13.3 The contracting party or guest who takes along an animal must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the accommodation provider. 13.4 The contracting party or its insurer are liable to the hotelier for the undivided hand for the damage caused by the animals brought along. The damage includes in particular also those compensation services of the accommodation provider, which the accommodation provider must provide to third parties.   13.5 In den Salons, Gesellschafts-, Restauranträumen und Wellnessbereichen dürfen sich Tiere nicht aufhalten.      § 14 Extension of accommodation   14.1 The contracting party is not entitled to a prolongation of his stay. If the contracting party terminates his request for an extension of the stay in good time, the hotelier may agree to the extension of the accommodation contract. The hotelier makes no commitment.   14.2 If the contracting party can not leave the accommodation company on the day of departure because of unforeseeable extraordinary circumstances (eg extreme snowfall, flood etc.) all departure options are blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contracting party can not fully use the offered services of the accommodation company due to the extraordinary weather conditions. The hotelier is entitled to claim at least the fee corresponding to the usually charged price in the low season.     § 15 Termination of the accommodation contract - Early dissolution   15.1 If the accommodation contract has been concluded for a certain period of time, it will end with the passage of time.   15.2 If the contracting party leaves prematurely, the hotelier is entitled to demand the full agreed remuneration. The hotelier will deduct what he saves as a result of non-use of his services or what he has received by other letting of the ordered rooms. A saving exists only if the accommodation company is fully utilized at the time of non-use of the rooms ordered by the guest and the space can be rented to other guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.   15.3 The death of a guest ends the contract with the hotelier. 15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract.   15.5 The hotelier is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest   a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper conduct, disgusts the co-residence of the other guests, the owner, his / her people or the third party resident in the accommodation establishment, or faces a punishable offense against these persons guilty of property, morality or physical safety; (b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation; c) the invoices submitted are not paid when due within a reasonable time (3 days).   15.6 If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strikes, lockouts, official decrees etc), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed to be dissolved under the law , or the hotelier is exempt from his accommodation obligation. Any claims for damages etc of the contracting party are excluded.     § 16 illness or death of the guest   16.1 If a guest falls ill during his stay at the tourist accommodation, the hotelier will provide medical care for the guests. If danger is imminent, the hotelier will arrange the medical care even without special request of the guest, especially if this is necessary and the guest himself is not able to do so.   16.2 As long as the guest is unable to make decisions or the guest's relatives can not be contacted, the host will arrange for medical treatment at the guest's expense. However, the scope of these measures ends when the guest can make decisions or when the family member has been notified of the illness. 16.3 The Proprietor shall have compensation claims against the Contractual Partner and the Guest or in the event of death against their legal successors, in particular for the following costs:   a) medical expenses, medical expenses and medicines; b) room disinfection which has become necessary; c) wasted laundry, bed linen and bed furniture, otherwise for the disinfection or thorough cleaning of all these items; d) restoration of walls, furnishings, carpets, etc .; as far as these were contaminated or damaged in connection with the illness or the death, e) room rent, as far as the room was used by the guest, plus any days of inability to use the rooms due to disinfection, eviction o. ä, f) any other damages, which arise for the hotelier.     § 17 Place of fulfillment, jurisdiction and choice of law   17.1 Place of performance is the place where the tourist accommodation is located.   17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (IPRG and EVÜ) and UN sales law.   17.3 The exclusive place of jurisdiction in the bilateral entrepreneur's business is the domicile of the Proprietor, whereby the Proprietor is also entitled to assert his rights with any other local and relevant court.   17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer may only be brought in at the domicile, habitual residence or place of employment of the consumer.   17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and resides in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, this is local and objective for the consumer's domicile for complaints against the consumer competent court exclusively responsible. § 18 Miscellaneous   18.1 Unless otherwise provided for by the above provisions, the period of time commences upon notification of the document ordering the time limit to the contracting parties which must observe the time limit. When calculating a period, which is determined by days, the day is not counted, in which the time or the event falls, after which the beginning of the period is to be determined. Periods determined by weeks or months refer to the days of the week or the month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.   18.2 Statements must be received by the other party on the last day of the deadline (24:00).   18.3 The Proprietor is entitled to offset against claims of the Contracting Party with its own claims. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party is legally established or recognized by the accommodation provider.   18.4 In the event of loopholes, the relevant statutory provisions apply.
Fam. Kiechler +43 650 5601002; stay@apart-franziska.at
AGB
Navigation en
     Apart  Franziska
Apartment with view