General terms and conditions (Accomodation Contract)
I. Preamble
These general terms and conditions apply to contracts for serviced apartments for accommodation and for all other services and deliveries provided between the accommodation provider, AP Living GmbH GmbH, 8010 Graz, Prankgergasse 75/12, 8020 Graz (FN 540413a) and the respective third party (guest) . A contract is concluded exclusively under these conditions.
II. Conclusion of contract
1. The accommodation contract for the serviced apartments comes into effect when the accommodation provider accepts a reservation made by the guest. The accommodation provider confirms the conclusion of the contract in writing with a reservation or booking confirmation. The guest receives a binding booking confirmation from the accommodation provider and a door code authorizing access. The door codes that the guest receives via e-mail when booking are the keys to access the building and the booked apartment. The guest assumes liability for the door codes during the stay. Upon arrival, the guest must check in independently using the door code sent to him.
2. There is no entitlement to a specific serviced apartment. The accommodation provider can provide the guest with adequate alternative accommodation (at least of the same quality) if this is reasonable for the guest. This is the case if the deviation is minor and objectively justified. A factual justification is given in particular if the accommodation facilities have become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.
3. Contractual partners are the accommodation provider and the guest. If the guest orders for a third party who is different from him and then actually uses the services, he is liable to the accommodation provider for all obligations arising from the accommodation contract. Furthermore, the guest is liable for culpable damage to the serviced apartment, the furnishings and the generally accessible rooms caused by himself or by him - in this case jointly with the third party. The guest is also liable for any damage caused by passing on the door code to third parties.
4. For a valid reservation, a valid credit card must be provided by the guest at the time of booking or an alternative payment method offered by the accommodation provider on the electronic sales channels. The accommodation provider has the right to immediately check the validity of this information and to pre-authorize the specified credit card or alternative payment method. On the day before arrival, the accommodation provider is entitled to charge the credit card or the alternative payment method with a deposit in the amount of the fee for the entire duration of the accommodation. If the credit card cannot be charged at this time, the accommodation provider has the right to cancel the reservation made. This nullifies the guest's right to use the serviced apartment.
III. Withdrawal from the accommodation contract – cancellation conditions
1. The guest is entitled to withdraw free of charge if this has been agreed with him in writing. If no free right of withdrawal has been agreed, the correspondingly agreed cancellation fees must be paid. When booking through a third party, the cancellation policy specified there applies. 2. Withdrawal by the guest through a unilateral declaration is only permitted if the following cancellation fees are paid:
• Up to 31 days before arrival: free cancellation
• 30 to 15 days before arrival: 50% of the total amount of the booked stay
• 14 to 8 days before arrival: 75% of the total amount of the booked stay • 7 to 1 days before arrival 90% of the total amount of the booked stay
• On the day of arrival: 100% of the total amount of the booked stay. The above cancellation conditions apply in any case if the guest is unable to arrive due to extraordinary circumstances that are not in the sphere of the accommodation provider.
IV. Beginning and end of accommodation
1. Reserved serviced apartments are available to the guest from 3 p.m. on the day of arrival and until 10 a.m. on the day of departure. The guest must check in on the day of arrival using the guest form and follow the instructions.
2. On the day of departure, the guest must vacate the serviced apartment by 10:00 a.m. at the latest and return it to the accommodation provider undamaged. The guest must treat the serviced apartment gently and with care. Children under the age of 14 must be supervised by an adult guest at all times during their stay.
3. If the guest does not vacate his serviced apartment by 10:00 a.m. on the day of departure, contrary to the contract, or returns it in a damaged or unusable condition, which makes it impossible to accommodate other guests, the guest owes a late handover by 1:00 p.m liquidated damages amounting to 50% of the fee for one night for the serviced apartment, after 1:00 p.m. liquidated damages amounting to 100% of the fee for one night for the serviced apartment plus the damage for any replacement procurement or for the duration of uselessness.
4. If the apartment is excessively dirty or there is smoking in the apartment, the guest will be charged for the additional cleaning effort and, if the apartment concerned cannot be used or rented, for the associated loss of earnings. It should be noted that the guest must comply with the house rules, which are sent to him together with the booking confirmation.
5. If the guest departs early in the case of an accommodation contract concluded for a specific period, the accommodation provider is entitled to demand the full agreed fee. However, the accommodation provider must deduct what he saved as a result of not using his range of services or what he received by accommodating another guest in the serviced apartment elsewhere. Such savings only exist if the accommodation provider is fully occupied at the time the guest does not use the serviced apartment and the same serviced apartment can be given to other guests due to the cancellation. The guest bears the burden of proof of the savings.
6. In addition, the accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the guest a) makes a significantly disadvantageous use of the serviced apartment or, through his inconsiderate, offensive or otherwise grossly indecent behavior towards the other guests, the owner, his people or the third parties living in the accommodation facility, makes it difficult for them to live together or is threatened with punishment towards these people acts against property, morals or physical security, or b) is affected by a contagious illness or an illness that goes beyond the duration of the accommodation or otherwise requires care.
7. The contract with the accommodation provider ends with the death of the guest. 8. If the fulfillment of the contract becomes impossible due to an event that can be classified as force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already in accordance with the law is considered dissolved, or the accommodation provider is released from his accommodation obligation. Any claims for damages etc. by the guest are excluded.
V. Animal Husbandry
1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.
2. The guest is liable for the damage caused by animals brought along, in accordance with the statutory provisions applicable to pet owners (§ 1320 ABGB).
VI. Extension of the accommodation contract
1. The guest is not entitled to have their accommodation contract extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
2. This only applies if the guest cannot leave the accommodation facility on the day of departure because all departure options are blocked or cannot be used due to unforeseeable, extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be canceled for the duration of the Impossibility of departure automatically extended. A reduction in the fee for this period is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the unusual weather conditions. The accommodation provider is entitled to demand at least the amount that corresponds to the price usually charged.
VII. Fee
1. The fee to be paid by the guest is a gross total fee and includes all statutory taxes, fees and charges, unless otherwise agreed in detail. All prices are in euros (€).
2. Additional services are to be ordered and paid for separately by the guest. In order to fulfill its services and the additional services, the accommodation provider and his assistants are expressly permitted to enter the serviced apartment at any time.
VIII. Guest registration
1. The guest must comply with his obligation to register as part of the automated registration on the day of arrival at check-in and follow the instructions. 2. The guest must ensure that all other accompanying guests who are in the serviced apartment between 10:00 p.m. and 7:00 a.m. comply with their obligation to register within 3 hours. In any case, the accommodation provider will charge a fee for these persons.
3. The obligation to register applies to every person who lives in a serviced apartment as part of the accommodation. If a serviced apartment is occupied by more than one person at the same time, the obligation to register applies to each of these persons individually.
IX. Rights and obligations of the accommodation provider
1. If the credit card or the alternative means of payment cannot be charged at a time when the guest is already in the serviced apartment, the accommodation provider has the statutory right of retention in accordance with Section 970c ABGB and the statutory right of lien in accordance with Section 1101 ABGB items brought in by the guest. 2. The accommodation provider is also entitled to this right of retention or lien to secure his claims from the accommodation contract, in particular for other ancillary services of any kind used by the guest.
X. Changes to the accommodation premises
Under no circumstances is the guest permitted to make any changes to the accommodation premises or the serviced apartment.
XI. Liability of the accommodation provider for damage to items brought in
1. The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner or guest. The proprietor is only liable if the items have been handed over to the proprietor or persons authorized by the proprietor or have been brought to a location designated or designated by them. If the accommodation provider is unable to provide proof, the accommodation provider is liable for his own fault or the fault of his people as well as the outgoing and incoming persons. According to Section 970, Paragraph 1 of the ABGB, the accommodation provider is liable up to a maximum of the amount stipulated in the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the currently applicable version. If the guest does not immediately comply with the request of the accommodation provider to deposit his things in a special storage place, the accommodation provider is released from any liability.
2. The amount of any liability of the accommodation provider is limited to the liability insurance sum of the respective accommodation provider. Any fault on the part of the guest must be taken into account.
3. The liability of the accommodation provider is excluded for slight negligence. If the guest or the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the guest bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will not be compensated under any circumstances.
XII. Use of wireless LAN
The guest has free access to the in-house wireless LAN (W-LAN). Use is only permitted to guests and limited to the duration of their presence. The accommodation provider assumes no liability for the fault-free data connection or the availability of a specific data transmission rate. It is expressly pointed out that logging into the W-LAN can be difficult at times or, in rare cases, temporarily impossible for technical reasons for which the accommodation provider is not responsible. The accommodation provider assumes no obligations by providing the W-LAN. The use takes place according to the technical possibilities. In particular, the guest has no right to use the W-LAN in any specific way or for a specific period of time. The accommodation provider assumes no liability for damages (with the exception of intent and bodily harm), especially in connection with the content of websites accessed or downloaded data. Furthermore, no liability is assumed for any virus infection through the use of the W-LAN. The guest expressly acknowledges that the W-LAN only enables access to the Internet, but does not contain any virus protection or firewall, and that data transmission is unencrypted. Accessing sites with illegal content and the dissemination of illegal or legally protected content is prohibited. If the accommodation provider is exposed to third-party claims for any reason due to the use of the WLAN by the guest, the guest is obliged to indemnify and hold the accommodation provider harmless in this regard.
XIII. Limitations of Liability
1. If the guest is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.
2. If the contractual partner or the guest is an entrepreneur, the accommodation provider's liability 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, immaterial damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the level of trust.
XIV. Ban on Compensation
The guest refrains from offsetting against claims of the accommodation provider from this contract. If the guest is a consumer, this does not apply in the event of the accommodation provider’s insolvency or for counterclaims that are legally related to the liability of the consumer, that have been determined by a court or that have been recognized by the accommodation provider.
XV. Place of performance, place of jurisdiction and choice of law
1. The place of performance is the place where the accommodation facility is located.
2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and UN sales law.
3. The exclusive place of jurisdiction in bilateral business transactions is the seat of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and factually competent court.
4. If the accommodation contract was concluded with a guest and/or contractual partner who is a consumer and has his domicile or habitual abode in Austria, lawsuits against the consumer can only be brought at the domicile, habitual abode or place of employment of the consumer.
5. If the accommodation contract was concluded with a contractual partner and/or guest who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the consumer's place of residence for claims against the consumer's local and factual competent court has exclusive jurisdiction.
