account General Terms and Conditions of Operation: Austria
General Terms and Conditions and Reservation Conditions (Status 05.06.2023)
I. Scope of application and preliminary note
1. The legal entity named within the scope of reservation (hereinafter referred to as "B&B") lets to the guest (hereinafter referred to as "Guest") the agreed hotel room in the agreed room category and with the agreed amenities (hereinafter referred to as "Hotel Room") for the agreed length of stay.
These General Business Terms and Reservation Conditions (hereinafter referred to as "GTC") apply to accommodation contracts for the letting of Hotel Rooms and for all further services provided to the Guest at the respective Hotel in this context.
2. These GTC apply exclusively. General business terms and reservation conditions of the Guest do not apply, unless expressly agreed in text form in advance.
3. Any reference to clauses is always a reference to the present GTC, unless expressly stated otherwise.
4. The masculine form is used for better readability of personal designations and personal words, but they apply to all genders.
II. Contract conclusion
1. Upon reservation of a Hotel Room, the Guest offers to B&B the conclusion of an accommodation contract. B&B may at its free discretion reject the conclusion of an accommodation contract.
The accommodation contract between B&B and the Guest is concluded upon receipt of the B&B reservation number by the Guest, or upon handover or transmission of the access code (see clause IV.1.) to the Guest - depending on which occurs earlier in time.
The B&B reservation number is notified to the Guest either by e-mail or fax, on the telephone or personally on site at the Hotel. The Guest is advised that reservation numbers received from third parties (e.g. online booking portals for hotel rooms) are not identical with the B&B reservation number.
2. Any offers by B&B for the conclusion of an accommodation contract are subject to change and non-binding for as long as the Guest has not received a B&B reservation number.
3. The Guest has no claim for the provision of a specific Hotel Room or for the fulfilment of special wishes exceeding the letting of a Hotel Room in the booked room category and with the booked amenities. Moreover, there is no claim for the provision of a parking space, unless it was explicitly also booked and the booking of the parking space was confirmed by B&B.
III. Reservation, rates, cancellation, non-utilisation of the Hotel Room
1. The following terms "simple reservation" and "guaranteed reservation" differ in that the Guest merely orders a Hotel Room with a simple reservation, while additionally guaranteeing the payment of the accommodation costs by stating his credit card data with a guaranteed reservation.
The following term "Prepaid" means that the Hotel Room ordered by the Guest is already fully paid by the Guest as part of the booking process.
With regard to the permissible means of payment, reference is made to clause VII.3.
2. B&B offers three (3) types of rates:
- Flex-Rate: Highest flexibility of all B&B rates; can be booked as a guaranteed reservation, as a simple reservation, and Prepaid.
- Saver-Rate: Can be cancelled or rebooked free of charge until 12:00 noon, three (3) days before the arrival day; can be booked as a guaranteed reservation and Prepaid.
- Supersaver-Rate: Offers the best price of all B&B rates; can be booked only online, Prepaid; cannot be cancelled or rebooked by the Guest.
3. The following term "cancellation" means the withdrawal from the accommodation contract.
It is explained in clauses 4. to 7. below under what circumstances the ordered room can be cancelled. The following shall apply to all cancellations that are not lawfully/timely made by the Guest and to all cancellations by B&B, unless expressly agreed otherwise in these GTC:
In the event of a cancellation of the ordered room, the Guest remains obliged to pay the accommodation costs for the entire booking period.
The following term "Arrival Date" means the first day of the booking period. The following term "Departure Date" means the corresponding last day of the booking period.
4. The following applies to the Supersaver-Rate:
The Guest is at no point in time entitled to a cancellation or rebooking.
If the Guest has not checked in by 06:00 a.m. on the day following the Arrival Date (no-show), B&B shall automatically cancel the reservation. The Guest shall not be entitled to any reimbursement of costs/expenses.
5. The following applies to the Saver-Rate:
A cancellation or rebooking is possible without cost only until 12:00 noon, three (3) days before the Arrival Date.
If the Guest has not checked in by 06:00 a.m. on the day following the Arrival Date without having cancelled his reservation by 12:00 noon, three (3) days before the Arrival Date (no-show), B&B shall automatically cancel the reservation for the entire booking period.. Clause III.3 para. 2 applies.
6. The following applies to the Flex-Rate:
A cancellation or rebooking free of cost is possible until 19:00 o'clock on the Arrival Date, unless the special conditions for group travels/travel groups (see clause VIII) or the special conditions for trade fair and event periods (see clause IX) apply. A cost-free cancellation, however, will no longer be possible when the Guest has checked in and received the access data for the ordered Hotel Room.
If it is a simple reservation and the Guest has not cancelled by 19:00 o'clock on the Arrival Date and/or has not checked in at the Hotel by 19:00 o'clock, the reservation will be automatically cancelled by B&B. Clause III.3 para. 2 applies.
If it is a guaranteed reservation or Prepaid, the reservation of the Hotel Room is maintained for the Guest also after 19:00 o'clock on the Arrival Date. If, however, the Guest has not checked in by 06:00 a.m. of the day following the Arrival Date, without having cancelled his reservation by 19:00 o'clock on the Arrival Date (no-show), the reservation will be automatically cancelled by B&B. Clause III.3 para. 2 applies.
7. Cancellations of group travels/travel groups and of reservations during trade fair and event periods are subject to the special conditions contained in clauses VIII. and IX.
IV. Arrival and departure
1. B&B provides the Hotel Room to the Guest in the agreed room category and with the agreed room amenities on the Arrival Date, at the latest from 15:00 o'clock.
If the Guest booked the "Early Check-In", the Hotel Room will be available to him at the latest at 12:00 noon on the Arrival Date.
The Guest has no claim for earlier provision of the Hotel Room. When checking in, the Guest will receive an access code for the access to the Hotel and to the Hotel Room, either at reception, at the check-in machine or at online check-in.
2. On the Departure Date, the Guest has to vacate and return his Hotel Room without damage at the latest by 12:00 noon.
If the Guest booked the "Late Check-Out", he has to vacate and return his Hotel Room without damage at the latest by 14:00 o'clock.
In the event of delayed check-out, B&B can charge to the Guest the accommodation costs of the previous day less 10 % for saved expenses due to the delayed vacation of the room, for its use beyond the contractually agreed scope.
V. Terms of use
1. The maximum occupancy for the respective room category must not be exceeded. In this context, children and babies are counted as adults, in particular due to fire protection regulations to be complied with.
2. The resale, reletting or referral of rooms booked, in particular via platforms such as "Airbnb" is prohibited, unless the Guest and B&B have expressly agreed otherwise in writing.
The number of persons staying in the provided Hotel Room must not exceed the number of persons staying overnight as stated within the scope of the reservation.
If the Guest culpably breaches the aforementioned regulations in this clause V. 2, B&B shall be entitled to cancel the accommodation contract and to request the Guest to pay a contractual penalty of EUR 500.00. In addition, B&B expressly reserves the right to claim damages, in which case the contractual penalty shall correspondingly be offset against the damages.
3. During his stay at the Hotel, the Guest has to observe and comply with the house rules on display there, as well as the general terms and conditions for the use of parking space.
4. It is prohibited to consume any tobacco products (in particular cigarettes, cigars, pipes, and shishas) as well as tobacco or smoking substitutes (in particular e-cigarettes) in the Hotel Rooms.
In the event of culpable breach, B&B will be free to invoice the Guest for the (basic) cleaning costs for the removal of the consequences of the consumption or a lump sum for additional cleaning costs in the amount of EUR 100.00 ("liquidated damages"). The Guest is free to prove that the actually incurred cleaning costs are lower than the liquidated damages. If the damage actually incurred exceeds the foregoing lump sum, B&B shall be entitled to request the difference from the Guest.
VI. Overnight rates and ancillary services prices
1. The accommodation costs to be paid by the Guest is the consideration for the provision of the Hotel Room by B&B during the period of stay. Irrespective of the actual use or overnight stay of the Guest, full accommodation costs are charged per overnight accommodation, if applicable minus expenses saved, unless otherwise stipulated in these GTC.
If the Guest and/or his fellow travellers use further Hotel services (e.g. breakfast, chargeable parking space, accommodation of pets, etc.), the Guest will have to pay the respective price for these services in addition to the accommodation costs.
2. The prices agreed upon conclusion of the contract apply. B&B is entitled to reasonably increase the prices until 20 days before the Arrival Date, but at most by 15%, if there are more than four (4) months between the date of reservation by the Guest and the Arrival Date. In the case of a price increase by more than 5%, the Guest shall be entitled to withdraw free of charge; the Guest can exercise the withdrawal right in text form vis-à-vis B&B at the latest within five (5) days from notification of the price increase. However, the right of withdrawal shall not apply if the price increase is exclusively due to the fact that statutory taxes, fees and charges have increased, which B&B passes on to the Guest unchanged.
3. The prices and/or amounts stated in the reservation are in each case inclusive of the applicable value added tax as well as all statutory taxes, fees and charges, unless expressly stated otherwise.
VII. Terms of payment
1. Unless otherwise stipulated in these GTC, the following shall apply with regard to the terms of payment:
The accommodation costs and the prices for ancillary services (such as, if applicable, chargeable parking space, breakfast, fees for pets, and all other claims which are not expressly stated in the accommodation contract as part of the accommodation costs) are - insofar as simple reservations are concerned - due for payment in advance at the latest upon arrival of the Guest at the Hotel, irrespective of the date of invoice.
Insofar as guaranteed reservations or Prepaid are concerned, the accommodation costs and the prices for ancillary services (such as, if applicable, chargeable parking space, breakfast, fees for pets, and all other claims which are not expressly stated in the accommodation contract as part of the accommodation costs) are due for payment in advance, at the latest, however, by the end of the day on which a cancellation free of charge is possible for the last time before the Arrival Date, irrespective of the date of invoice.
If payment is not made when due, B&B will be entitled to cancel the accommodation contract. Clause III.3 para. 2 applies.
2. Without prejudice to clause VII.1., B&B shall already upon reservation be entitled to request an advance payment on the accommodation costs from the Guest up to the expected total invoice amount or a reasonable security in the form of a deposit by credit card.
3. B&B accepts cash in Euro, transfers, PayPal, Apple Pay, debit cards (Maestro, girocard, etc.) and the following credit cards: Visa, Mastercard and American Express.
Other means of payment are permissible only with the consent of B&B.
4. The Guest can assert any rights of set-off and retention only if the underlying counter-claims are undisputed or have been confirmed by final court ruling.
VIII. Special conditions for group travels/travel groups
1. A group travel or a travel group exists if
- one or more reservations are made via the B&B website for
- a total of at least five (5) double rooms or
- a total of more than nine (9) Guests
where the accommodation period overlaps by at least one night. This also applies if the booking is made under one name only.
- by e-mail, telephone, fax or directly at the Hotel a reservation is made for
- at least 15 Guests and
- at least eight (8) rooms.
2. In deviation from or supplementary to the foregoing provisions, the following clauses 3. to 11. apply to a group travel/travel group:
3. Upon reservation a contact person is to be named to B&B for the travel group ("person of overall responsibility").
4. At the latest by 12:00 noon, seven (7) days before the Arrival Date, a list of the names of all participants shall be submitted to B&B.
5. With the reservation confirmation by B&B, the person of overall responsibility will receive all information on the reservation, on the check-in and, if applicable, on the security deposit and other terms of payment. Group travel bookings are always guaranteed reservations within the meaning of clause III.1.
6. The total amount of the accommodation costs has to be paid via bank transfer or by means of a credit card to the bank account of B&B stated in the reservation confirmation, or which B&B notifies to the person of overall responsibility after completion of the reservation. Any fees for international bank transfers charged to B&B for the payment of the group travel must be fully settled by the travel group at the latest upon arrival at the Hotel.
7. The accommodation costs of the travel group, including costs for ancillary services within the meaning of clause VII.1. are to be paid in advance, at the latest by 12:00 noon, 28 days before the Arrival Date, or immediately due for payment if the reservation is made within less than 28 days before the Arrival Date, in each case irrespective of the date of invoice.
If payment is not made when due, B&B shall be entitled to cancel the accommodation contract see clause XIII.1.); in this case B&B can otherwise let the Hotel Rooms reserved for the travel group (without further information to the person of overall responsibility), without the Guests being entitled to assert any claims against B&B in this regard.
8. The travel group can cancel or change its reservation free of charge, from and including 60 rooms, until 12:00 noon eight (8) weeks, between 40 to and including 59 rooms until 12:00 noon six (6) weeks, and in the case of fewer than 40 rooms until 12:00 noon four (4) weeks before the Arrival Date. Regardless of the number of rooms reserved, the travel group can cancel free of charge a maximum of two (2) rooms also until three (3) days before the Arrival Date. In the event of later cancellations or no-show, clause III.3 para. 2 applies..
9. B&B provides the booked Hotel Rooms to the travel group from 15:00 o'clock on the Arrival Date.
10. Upon arrival of the travel group at the Hotel, B&B is entitled to request a deposit of up to EUR 50.00 per booked room (in cash or by credit card) for any ancillary services within the meaning of clause VII.1. and for any other costs (potential damage, etc.).
11. The travel group will receive collective invoices which are provided to the person of overall responsibility.
IX. Special conditions for trade fair and event periods
1. B&B will inform the Guest at any time upon request, but at the latest upon reservation, about any trade fair and event periods relevant for the location of the respective Hotel. In deviation from and supplementary to the foregoing provisions, the following applies during trade fair and event periods:
2. Only a guaranteed reservation or Prepaid is possible for accommodation. Simple reservations, on the other hand, cannot be made.
3. During trade fair and event periods, B&B offers three (3) types of rates:
- Fair-Flex-Rate
- Fair-Saver-Rate
- Fair-Supersaver-Rate
4. The Guest can cancel or change free of charge a Fair-Supersaver-Rate until 12:00 noon 28 days, a Fair-Saver-Rate until 12:00 noon 14 days and a Fair-Flex-Rate until 12:00 noon seven (7) days before the Arrival Date; otherwise, a cancellation or change free of charge is not possible.
Within the scope of the booking process, the Guest will also be shown the cancellation period. In the case of later cancellation or no-show of the Guest, clause III.3 para. 2 applies.
X. Liability of B&B
1. B&B shall be liable without limitation for damages for which B&B is responsible arising from injury to life, body or health as well as for property damage and financial loss caused by B&B intentionally or by gross negligence.
For damages caused by slight negligence resulting from injury to life, body or health, B&B shall be liable in accordance with the statutory provisions (see Sections 1295 to 1341 of the Austrian Civil Code (ABGB)). However, liability for property damage and financial loss caused by slight negligence shall be excluded.
A breach of duty by B&B equals a breach of duty by a statutory representative or vicarious agent.
Further claims for damages are excluded, unless otherwise stated in this clause X. This liability provision does not cover any basis for claims under data protection law.
2. If impairments or defects of the B&B services occur, the Guest will have to inform B&B or the Hotel staff on site accordingly, without undue delay. Upon knowledge or immediate complaint of the Guest, B&B will endeavour to remedy the situation. The Guest is obliged to contribute what he can be reasonably expected to do to remedy the impairment and keep any possible damage to a minimum.
3. For items brought in, B&B will be liable to the Guest according to the statutory regulations (see Sections 970 to 970c ABGB), unless the following paragraph provides otherwise.
4. To the extent that the Guest is provided with a parking space in the Hotel garage or at the Hotel car park for a fee, clause X.1 shall apply in respect of B&B's liability for any loss of or destruction or damage to the vehicle parked on the Hotel property.
To the extent that the Guest is provided with a parking space in the Hotel garage or at the Hotel car park free of charge, this will not result into a contractual relationship. B&B does not assume any liability in this case for the loss of or destruction or damage to the vehicle parked on the Hotel property. Furthermore, B&B shall not be liable for the loss, destruction or damage of items left in vehicles (including bicycles).
5. News, mail and goods consignments for Guests are treated by the Hotel with care. Any acceptance and storage of mail and goods consignments for the Guest require prior consultation with the Hotel. However, the Hotel does not have any acceptance or storage obligation.
XI. Theft and damage
In the event of any theft of or damage to his items, and in the event of fire, water damage or any other damage in the Hotel Room, the Guest will have to inform the Hotel staff without undue delay.
XII. Pets
Bringing along dogs and cats (hereinafter referred to as "pets") requires the prior notification by the Guest; for other animals, B&B will have to be asked with statement of the exact species; in all cases, B&B can at any time and without giving reasons refuse its consent.
A maximum of two pets can be brought along for each booked room.
For each animal and pet brought along, an additional fee has to be paid; B&B will inform the Guest of the amount of such fee upon notification.
Dogs for blind or deaf persons and comparable service dogs on which the Guest is provably dependent are exempt from the obligation to pay a fee.
XIII. Termination of the accommodation contract
1. B&B is entitled to cancel the accommodation contract if the Guest does not timely or fully make an advance payment owed and/or provide a deposit owed. Clause III.3 para. 2 applies.
2. B&B is in particular entitled to cancel the accommodation contract and, if applicable, request damages if
(i) force majeure or any other circumstances for which B&B is not responsible render the fulfilment of the accommodation contract impossible,
(ii) rooms are booked culpably or due to misleading or false information or concealment of material facts (whereby in this context the identity, solvency as well as purpose of the stay or also the fulfilment of the feature "travel group" can be material),
(iii) B&B has reasonable grounds to assume that the performance of the accommodation contract may jeopardise the smooth operation of the business, the security or the reputation of the Hotel in public without this being attributable to the sphere of control or organisation of B&B or the Hotel,
(iv) during his stay at the Hotel the Guest is under the influence of illegal substances, uses the Hotel Room for carrying out any commercial activity with customer traffic, or uses the Hotel Room for prostitution, or if the purpose and/or the cause of the stay is unlawful,
(v) the Guest repeatedly insults, disturbs or otherwise harasses the Hotel staff or other Hotel Guests despite admonition,
(vi) the Guest sublets the room without authorisation, or
(vii) the Guest does not upon request present a valid identification document when checking in, although this is required to protect the justified interests of B&B (e.g. if there is any doubt about the Guest being of age) and insofar the interests or basic rights and basic freedoms of the relevant Guest do not require the protection of his personal data.
3. In the event of clause XIII.2 (i) above, the Guest will not be obliged to pay the accommodation costs.
With regard to clauses XIII.2 (ii) to (vii), clause III.3 para. 2 applies.
4. Force majeure within the meaning of clause XIII.2 (i) shall be all external events caused from outside by elementary natural forces or third party actions which according to human insight and experience are unforeseeable, cannot be prevented or neutralised with economically acceptable means also by utmost care to be reasonably expected under the circumstances and are also not to be accepted because of their frequency. This includes war, civil war, warlike circumstances, terrorist attacks, civil commotions, riots, strikes, epidemics, pandemics, fire, floods, storm tides or other storms on the scale of a disaster, earthquakes and comparable incidents. This also includes all circumstances and direct as well as indirect consequences around the issue of the existence and spreading of the SARS-Cov-2 virus (Covid-19) - "Corona".
XIV. Data protection, minors
1. If the Guest books a Hotel Room directly with B&B or via a third party provider (e.g. a hotel reservation portal), B&B shall process the Guest's personal data for the purpose of executing an accommodation contract, including the performance of the hotel stay and payment processing (including, in particular, for tracking the use of B&B's services, for check-in and for organizing room access) in accordance with the provisions of the EU General Data Protection Regulation, the Data Protection Act and all other applicable laws. The recipient of the personal data is B&B, with whom the accommodation contract for the respective Hotel Room is concluded. Data will only be passed on to third parties within the scope of legal requirements.
2. The legal entity named within the scope of the reservation is responsible for the processing of personal data ("data processing"). Further information is available to the Guest on the B&B website at www.hotel-bb.at/datenschutzbestimmungen, and from the data protection information available as part of the booking process.
3. Minors are not allowed to transmit any personal data to B&B without the approval of the legal guardians. Within the scope of the conclusion and performance of accommodation contracts, B&B does not process any knowingly acquired personal data of minors.
XV. EU- Consumer Conciliation Board
The European Commission provides a platform for online dispute resolution (ODR platform) retrievable at https://www.ec.europa.eu/consumers/odr. B&B does currently not participate in the proceedings for alternative dispute resolution offered there; therefore, the online dispute resolution platform can currently not be used for Guests of B&B. B&B is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer conciliation board.
XVI. General provisions
1. Changes and amendments to the accommodation contract or these GTC require the written form (email is sufficient). Unilateral changes or amendments by the Guest are invalid.
2. Any invalidity of one or several provisions of these GTC does not affect the validity of the remaining provisions.
3. Austrian law shall apply to the exclusion of the UN Convention on the International Sale of Goods (CISG) and the conflict of laws rules.
4. Place of performance and payment as well as exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - in commercial transactions is the seat of the Hotel or, at the choice of B&B, the court having jurisdiction in commercial matters for the first district of Vienna.
In the event of disputes arising from a consumer transaction, the statutory place of jurisdiction shall apply.
However, B&B is entitled to file suits and other court proceedings also at the Guest's general place of jurisdiction.
If a Guest does not have a general place of jurisdiction in Austria, the place of jurisdiction shall be the court responsible for the first district of Vienna.