Derag Hotel and Living - Hotel and Serviced Apartments

General Terms and Conditions Derag Hotels Vienna

I. Scope of Applicability [top]

1. The following General Terms and Conditions apply to all contracts insofar as these fulfill the terms for General Terms and Conditions under the German Civil Code. These General Terms and Conditions must be displayed clearly (especially in the reception area) and in view of all those entering the hotel. A copy of them must be handed out to the guest or purchaser upon conclusion of any agreement.
2. These General Terms and Conditions apply particularly to the rental of hotel accommodations as well as all services and deliveries the hotel may provide to the guest.
3. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes.
4. The customer's general terms and conditions shall apply only if this are previously and expressly agreed in writing.

II. Conclusion of contract; parties; liability; statute of limitation
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1. The contract shall come into force upon the hotel's acceptance of the customer's application. At its discretion, the hotel may confirm the room reservation in writing.
2. The parties to the contract are the hotel and the customer. If a third party has placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has received express declaration from the third party.
3. The hotel is liable for its responsibilities resulting from the contract. In areas other than the typical provision-of-services category, with exception of personal damage or injury, the hotel's liability is limited to intent and gross negligence.
4. Any claims against the hotel shall be time-barred one year after commencement of the general statute of limitations.
5. This limitation of liability and short period of limitation apply in favor of the hotel even in connection with violations of responsibility during contract initiation and positive violation of contract.

III. Services, prices, payment, set-off [top]

1. The hotel is obligated both to provide the accommodations booked by the customer and supply the agreed services.
2. The customer is obligated to pay for the use of the accommodations and all additional services used, at the prices in effect or agreed with the hotel. This also applies to any hotel services and expenses for third parties which have been caused by the customer.
3. The agreed prices include applicable value-added tax as required by law.
4. The hotel can change its prices if the customer subsequently requests changes in the number of booked rooms, hotel services or duration of stay, and the hotel agrees to these changes.
5. Hotel invoices not showing a due date are payable directly and in full. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand immediate payment. With default of payment, the hotel shall be entitled to demand interest of 8% over the ECB base rate and to terminate the contract.
6. The hotel is entitled to require a reasonable advance payment and/or security deposit upon conclusion of the contract or thereafter. The advance payment and security deposit are interest-free.
7. Possible temporary non-usability of parts of the subject matter of this contract, necessary repairs and any resulting annoyance do not authorize the customer to seek reduction of the payment amount.
8. The customer may use the accommodations provided by the hotel only temporarily, i.e. outside of his permanent place of residence.
9. The use of any hotel parking facilities (if available) and other special services of the hotel, such as telephone costs etc. are not included in the room price and must be paid separately.

IV. Repudiation by customer (cancellation, annulment, no-show)
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1. If the customer is also the consumer, he has the right to withdraw from the contract according to the stipulations of the Austrian Consumer Protection Law.
2. In case of cancellation by the customer, the rate agreed in the contract must be paid even if the customer does not avail himself of the contractual services.
3. Insofar as the hotel and customer have previously agreed in writing on a date by which the contract may be cancelled, the customer can withdraw from the contract by this date without causing demands for payment or damages by the hotel. The customer's right to withdraw from the contract shall lapse if he does not exercise his right to withdraw by the agreed date and notify the hotel of his withdrawal in written form. This shall not apply in case of any breaches by the hotel to meet its obligations or if holding to the contract is no longer reasonable for the hotel.
4. The hotel reserves the right to charge the customer a flat-rate deduction for damages it has accrued and demand a cancellation fee. There are no cancellation fees for reservations of 15 days or longer which are cancelled up to 7 days before arrival. The fee for cancellations made under 7 days before arrival is EUR 50; "no-shows" and/or customers who do not cancel their reservations shall be charged EUR 130.  The hotel is at liberty to show that higher damages have occurred.
5. For reservations of fewer than 15 days, no-shows are obligated to pay the hotel 80% of the agreed price of the first night. Cancellation up to 24 hours before arrival is free of charge for reservations under 15 days. Special agreements are likewise binding. The hotel is at liberty to show that higher damages have occurred.

V. Repudiation by hotel [top]

1. If a written agreement of cost-free cancellation within a certain period was made between the hotel and the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of cancellation upon inquiry thereof by the hotel.
2. If an agreed advance payment or security deposit is not made by the date agreed upon, even after the hotel has allowed an adequate grace period and threatened repudiation of the contract, then the hotel is entitled to cancel the contract. This is also the case if the customer does not meet his other obligations to pay.
3. Moreover, the hotel is entitled to effect extraordinary and immediate unilateral cancellation of the contract for a materially justifiable cause, irrespective of its other legal possibilities, i.e. with no notice or adherence to a particular date and thus during the duration of the contract, e.g. if
   ·    force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the
        contract;
   ·    rooms are reserved with misleading or false information regarding material facts, such as the identity of the
        customer or the purpose;
   ·    the hotel has justified cause to believe that use of its services might jeopardize the smooth operation of the
        hotel, its security or public reputation, without being attributable to the hotel's sphere of control or
        organization.
   ·    The customer is obligated to inform the hotel immediately and without solicitation if the condition of services
        and/or the event, either due to its political, religious or other character may attract public interest or otherwise
        affect the interests of the hotel, at the latest, however, at conclusion of contract.
   ·    Newspaper advertisements, other advertising measures and publications that mention the hotel require the
        advance written consent of the hotel. If the customer violates this duty of disclosure or if information is
        published without the hotel's prior written consent, the hotel has the right to cancel the event or cancel the 
        contract.
   ·    a violation of No. I, § 3 of these General Terms and Conditions is found to exist;
   ·    due to a customer's long-term infectious disease.
4. The hotel is obligated to inform the customer immediately about its cancellation of the contract.
5. The customer can derive no right to compensation from justified cancellation by the hotel. All legal stipulations with due regard for point II apply to any damage claims of the hotel.

VI. Room availability, delivery and return [top]

1. The customer does not acquire the right to be provided with specific rooms.
2. Reserved rooms are available to the customer starting at 2:00 p.m. of the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11:00 a.m. of the agreed departure date. After this time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (rack rate) until 6:00 p.m., after 6:00 p.m. 100%.
4. If an extension of the length of stay is desired, a new reservation must be made at the latest by 14 days before the end of the current contract.  Tacit extension of the reservation is excluded. The hotel is expressly obligated to notify the customer, before expiration of the deadline, of the consequences.
5. If the customer does not vacate the premises according to the provisions of the contract, this shall be considered as unlawful interference with possession; in such cases the customer herewith authorizes the hotel to make use of the right of self-redress in taking possession of its accommodations as well as to place a lien on any items left by the guest and remove these to storage or by other appropriate means at the guest's cost and risk.
6. The hotel has the right to retain the customer's goods and the right of lien on the customer's property in exchange for its demands.

VII. Liability of the hotel [top]

1. The hotel is obligated to exercise the care of an ordinary merchant. In areas other than the typical provision-of-services category, the hotel's liability is limited to lack of service, damages, consequential damages or disturbances caused by intentional or grossly negligent breach of obligation. Liability is not limited in the case of injury to persons. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
2. The hotel is not responsible for the safekeeping of items brought by the customer into the room and is thus not liable for them. If the hotel has taken possession of any of the customer's property, which the customer for whatever reason has not picked up from the hotel after notification by said hotel by 6 weeks after expiration of the contract, the customer declares his consent to the sale or destruction of this property, and that the hotel's claims for expenses, especially storage costs, shall be remunerated from any possible proceeds. Possible interest on storage costs that exceeds any proceeds from the sale of such property is not considered as compensated.  Money and valuables may be stored in the hotel safe. The hotel recommends that guests utilize this possibility.
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel's property, nor the contents thereof, excepting in cases of intent or gross negligence. This also applies to the hotel's statutory representatives or employees.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence. Claims for damages, except in cases of intent or gross negligence, are precluded.
5. Messages, mail and merchandise deliveries for customers are handled as well with the greatest possible diligence. The hotel will deliver, hold and for a fee forward such items on request. Claims for damages, except in cases of intent or gross negligence, are precluded.
6. Objections against telephone bills can only be raised within one month after their receipt.

VIII. Final provisions [top]

1. The hotel or its representatives retain the right to enter the customer's rooms during the duration of the contract in order to verify adherence to the provisions of the contract, the conditions of such accommodations and in order to carry out repairs.
2. The customer carries complete liability for all costs arising from incorrect use of cooking facilities, tampering with fire detectors or impermissible use of electric devices, e.g. costs for deployment of the fire department.
3. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Any changes or modifications must be made in writing as well. Unilateral amendments and supplements by the customer are not valid.
4. Place of performance and payment is the location of the hotel's registered office.
5. Place of jurisdiction for any controversy arising out of this agreement and its completion shall be the courts at the location of the hotels registered office, unless:
   ·    the customer's permanent residence or place of employment is located in Austria, in which case, the courts at
        the location stated by the customer in his application will be agreed;
   ·    the customer has solely a place of employment in Austria, in which case the courts at this location will be
        agreed.
6. The contract is governed by and shall be construed in accordance with the laws of Austria.
7. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable. In addition, all other legal regulations apply.