House Rules Amadeus Apartments,
a brand of Nomad at Home GmbH, Ried 149, 5360 St. Wolfgang im Salzkammergut
1. No parties
2. No pets
3. No smoking
(including at the window. Only permitted on the balcony. In case of violation, a fee of €200 will be charged)
4. No theft or other illegal activities
5. No open fires
6. No intentional soiling or damage
7. Wash and put away dishes. In case of non-compliance, this additional, non-included cleaning effort will be invoiced.
8. Day guests are only allowed to stay in the apartment until 10:00 PM.
Hotel Regulations Cancellation Amadeus Apartments, a brand of Nomad at Home GmbH
GENERAL TERMS AND CONDITIONS
Hotel Regulations Cancellation Policy Amadeus Apartments, a brand of Nomad at Home GmbH
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter
“AGBH 2006”) replace the previous ÖHVB in the version of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006
are subsidiary to agreements made in detail.
§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who makes use of accommodation. The guest is usually also the contractual partner. Persons traveling with the contractual partner (e.g., family members, friends, etc.) are also considered guests.
“Contractual Partner”: Is a natural or legal person from Austria 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 Act 1979 as amended.
“Beherbergungsvertrag”: Ist der zwischen dem Beherberger und dem Vertragspartner abgeschlossene Vertrag, dessen Inhalt in der Folge näher geregelt wird.
§ 3 Conclusion of Contract – Down Payment
3.1 The accommodation contract is concluded upon acceptance of the contractual partner’s order by the accommodation provider. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access takes place during the accommodation provider’s announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a down payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required down payment before accepting the written or oral order of the contractual partner. If the contractual partner agrees to the down payment (written or oral), the accommodation contract is concluded upon receipt of the declaration of consent regarding the payment of the down payment from the contractual partner by the accommodation provider.
3.3 The contractual partner is obliged to pay the down payment no later than 3 days (received) after the written or oral order. The costs for the money transaction (z. B. Überweisungsspesen) shall be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply.
3.4 The down payment is a partial payment of the agreed fee.
§ 4 Start and End of Accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contractual partner has the right to move into the rented rooms from 3:00 PM on the agreed day (“day of arrival”).
4.2 If a room is occupied for the first time before 6:00 AM, the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 10:00 AM on the day of departure. The Accommodation Provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the accommodation agreement provides for a down payment and the down payment was not made by the contractual partner on time, the Accommodation Provider may withdraw from the accommodation agreement without a grace period.
5.2 If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time was agreed upon.
5.3 If the contractual partner has made a down payment (see 3.3), the rooms shall remain reserved until 12:00 PM at the latest on the day following the agreed arrival day. In the case of advance payment for more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the day of arrival counted as the first day, unless the guest announces a later arrival day.
5.4 The accommodation agreement may be terminated by the Accommodation Provider for objectively justified reasons by unilateral declaration no later than 14 days before the agreed arrival day of the contractual partner, unless otherwise agreed.
Withdrawal by the Contractual Partner – Cancellation Fee
5.5 The accommodation agreement may be terminated by the contractual partner by unilateral declaration no later than 14 days before the agreed arrival day of the guest without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:
up to 14 days: no cancellation fees
within the last 14 days: 100%
Obstructions to Arrival
5.7 If the contractual partner cannot appear at the accommodation establishment on the day of arrival because all arrival options are impossible due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes from the moment arrival becomes possible again, provided that arrival becomes possible again within three days.
§ 6 Rights of the Contractual Partner
6.1 By concluding an accommodation agreement, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually accessible for use by guests without special conditions, and to the usual service.
The contractual partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
House Rules Amadeus Apartments, a brand of Nomad at Home GmbH, Ried 149, 5360 St. Wolfgang im Salzkammergut
1. No parties
2. No pets
3. No smoking
(including at the window. Only on the balcony. A fee of €200 applies in case of violation)
4. No theft or other illegal activities
5. No open fires
6. No intentional soiling or damage
7. Wash and put away dishes. In case of non-compliance, this additional, non-included cleaning effort will be charged.
8. Day guests may only stay on the premises from 7:00 AM to 10:00 PM after prior notification.
9. Quiet hours: 10:00 PM – 7:00 AM
These rules apply to all reservations and are based on the General Terms and Conditions. We reserve the right to charge the fees mentioned in the General Terms and Conditions in case of non-compliance.
§ 7 Obligations of the Contractual Partner
7.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to separate services used by them and/or the guests accompanying them, plus statutory value-added tax, no later than the time of departure.
7.2 The Accommodation Provider is not obliged to accept foreign currencies. If the Accommodation Provider accepts foreign currencies, these will be accepted at the daily exchange rate as far as practicable. Should the Accommodation Provider accept foreign currencies or cashless means of payment, the contractual partner shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.
7.3 The contractual partner is liable to the Accommodation Provider for any damage caused by them or the guest or other persons who receive services from the Accommodation Provider with the knowledge or will of the contractual partner.
§ 8 Rights of the Accommodation Provider
8.1 If the contractual partner refuses to pay the stipulated fee or is in arrears, the Accommodation Provider is entitled to the statutory right of retention pursuant to § 970c ABGB as well as the statutory right of lien pursuant to § 1101 ABGB on the items brought in by the contractual partner or the guest.
This right of retention or lien further serves the Accommodation Provider to secure their claims from the accommodation agreement, in particular for catering, other expenses made for the contractual partner, and for any compensation claims of any kind.
8.2 If service is requested in the room of the contractual partner or at unusual times of day (after 7:00 PM and before 7:00 AM), the Accommodation Provider is entitled to charge a special fee. However, this special fee must be indicated on the room price list. The Accommodation Provider may also refuse these services for operational reasons.
8.3 The Accommodation Provider has the right to issue an invoice or interim invoice for their services at any time.
§ 9 Obligations of the Accommodation Provider
9.1 The Accommodation Provider is obliged to provide the agreed services to an extent corresponding to their standard.
9.2 Examples of special services of the Accommodation Provider that are subject to mandatory labeling and are not included in the accommodation fee are:
a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.;
b) A reduced price will be charged for the provision of extra beds or cribs.
§ 10 Liability of the Accommodation Provider for Damage to Brought-in Items
10.1 The Accommodation Provider is liable in accordance with §§ 970 et seq. ABGB for the items brought in by the contractual partner. The Accommodation Provider is only liable if the items have been handed over to the Accommodation Provider or to persons authorized by the Accommodation Provider or have been brought to a place designated or intended for this purpose by them. Unless the Accommodation Provider succeeds in providing proof otherwise, the Accommodation Provider is liable for their own fault or the fault of their staff as well as outgoing and incoming persons. Pursuant to § 970 Para. 1 ABGB, the Accommodation Provider is liable at most up to the amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contractual partner or the guest does not immediately comply with the Accommodation Provider’s request to deposit their items in a special storage location, 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. Any fault on the part of the contractual partner or guest must be taken into account.
10.2 For valuables, money, and securities, the Accommodation Provider is only liable up to the current amount of €550. The Accommodation Provider is liable for damage exceeding this amount only in the event that they accepted these items for storage with knowledge of their nature or in the event that the damage was caused by themselves or one of their staff. The limitation of liability according to 12.1 and 12.2 applies accordingly.
No liability is assumed for the storage of items and objects ((e-)bicycles, SUPs, skis, bicycle racks, strollers, etc.) organized independently by guests in the storage rooms generally accessible to guests.
10.3 The Accommodation Provider may refuse the storage of valuables, money, and securities if the items are significantly more valuable than guests of the accommodation establishment in question usually give for storage.
§ 11 Limitations of Liability
11.1 If the contractual partner is an entrepreneur, the liability of the Accommodation Provider for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.
§ 12 Keeping of Animals
12.1 Animals are not permitted to stay in the entire facility.
§ 13 Extension of Accommodation
13.1 The contractual partner has no claim to an extension of their stay. If the contractual partner announces their wish to extend the stay in good time, the Accommodation Provider may agree to the extension of the accommodation agreement. The Accommodation Provider is under no obligation to do so.
13.2 If the contractual partner cannot leave the accommodation establishment on the day of departure because all departure options are blocked or not
usable due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner cannot fully use the services offered
by the accommodation establishment due to the extraordinary weather conditions. The Accommodation Provider is entitled to demand at least the fee that corresponds to the price usually charged in
the low season.
§ 14 Termination of the Accommodation Agreement – Premature Dissolution
14.1 If the accommodation agreement was concluded for a fixed term, it ends upon expiry of the term.
14.2 The agreement with the Accommodation Provider ends upon the death of a guest.
14.3 If the accommodation agreement was concluded for an indefinite period, the contracting parties may dissolve the agreement by 10:00 AM on the third day before the intended end of the agreement.
14.4 The Accommodation Provider is entitled to dissolve the accommodation agreement with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes a significantly detrimental use of the premises or, through his inconsiderate, offensive, or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, his people, or the third parties residing in the accommodation establishment, or is guilty of a punishable act against property, morality, or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease that exceeds the duration of accommodation, or otherwise becomes in need of care;
c) fails to pay the presented invoices when due within a reasonably set period (3 days).
14.5 If the fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g., acts of God, strike, lockout, official orders, etc.), the accommodation provider may dissolve the contract at any time without observing a notice period, provided that the contract is not already deemed dissolved by law or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
§ 15 Illness or Death of the Guest
15.1 If a guest falls ill during his stay in the accommodation establishment, the accommodation provider will provide medical care at the guest’s request. If there is danger in delay, the accommodation provider will arrange for medical care even without the guest’s specific request, especially if this is necessary and the guest is not able to do so himself.
15.2 As long as the guest is not able to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the point in time when the guest can make decisions or the relatives have been notified of the illness.
15.3 The accommodation provider has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for patient transport, medication, and medical aids,
b) necessary room disinfection,
c) laundry, bed linen, and bed furnishings that have become unusable, otherwise for the disinfection of these items, habitual residence in Austria, actions against the consumer can only be brought at the domicile, habitual residence, or place of employment of the consumer.
16.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court locally and factually competent for the consumer’s domicile has exclusive jurisdiction for actions against the consumer.
§ 17 Miscellaneous
17.1 Unless the above provisions provide otherwise, the running of a period begins with the delivery of the document setting the period to the contracting parties, who must observe the period. When calculating a period determined by days, the day in which the point in time or event falls, which is to trigger the start of the period, is not counted. Periods determined by weeks or months refer to that day of the week or month which, by its name 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 this month is decisive.
17.2 Declarations must be received by the other contracting party on the last day of the period (12:00 AM).
17.3 The accommodation provider is entitled to set off his own claims against claims of the contractual partner. The contractual partner is not entitled to set off his own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contractual partner has been established by a court or recognized by the accommodation provider.
17.4 In the event of regulatory gaps, the corresponding statutory provisions shall apply.
