1.1. These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to services of Zweitwohnsitz – Thomas Eccli, Unterthürnau 12, 2095 Drosendorf, Austria(hereinafter referred to as “Zweitwohnsitz”) with regard to the hotel guest, the event organizer and other Contractual Partners (hereinafter referred to as “Contractual Partner”). The services concern in particular accommodation in return for payment and leasing of premises (for example for seminars, conferences or celebrations) and other events, as well as the sale of meals and beverages, and all other services of Zweitwohnsitz.
1.2. The Contractual Partner undertakes to comply with these conditions as well as all commercial laws or other regulations applicable to it. The General Terms and Conditions of the Contractual Partner do not apply, even if Zweitwohnsitz does not expressly object to this. Any counter-statements of the Contractual Partner with reference to his general terms and conditions of business are hereby expressly rejected.
1.3. For all provisions not governed by these General Terms and Conditions of Business, the General Terms and Conditions of Business for the Hotel Industry of 2006 as amended are also applicable.
1.4. It is determined that Zweitwohnsitz will only perform in-house hotel services and, if necessary, any outsourced third-party services (such as concert, theatre or opera tickets, excursions, transport services, reservations for restaurants, etc.) are purely to be considered as associated services and therefore the application of package travel regulations is excluded in accordance with § 2 para. 2(2) and (3) of the PRG (Pauschalreisegesetz [Austrian Package Travel Act]).
2.1. All reservations, changes and cancellations must be made in writing; electronic transmissions are also permitted for this purpose.
2.2. All prices are specified in euro. The prices quoted are, unless otherwise specified in detail, inclusive of all taxes and fees, as specified in current price lists or individually agreed. Any changes in price due to taxes and fees shall be borne by the Contractual Partner. New government levies (whatever they may be) are added to the contract prices.
2.3. Zweitwohnsitz is entitled to provide the actual accommodation services in an equivalent hotel operation.
3.1. If no regulations were agreed to the contrary in the booking agreement or otherwise confirmed in the reservation confirmation, the following cancellation conditions are deemed to be agreed:
for cancellation up to 1 month prior to the arrival date: 100% of the gross price
for cancellation up to 1 week prior to the arrival date: 100% of the gross price
for cancellation in the week prior to the arrival date: 100% of the gross price
in the event of a no-show/cancellation on the arrival date: 100% of the gross price
3.2. The cancellation fee is billed immediately after the cancellation occurs and will be withheld from any advance payments; any leftover amount will be transferred to the account data provided at the expense of the Contractual Partner. If credit card data is stored as security, the Contractual Partner hereby explicitly agrees to Zweitwohnsitz charging the card within the scope specified above under.
4.1. Zweitwohnsitz’s liability for valuables brought by hotel guests (such as images, cash, etc.) is limited to a maximum of the liability insurance sum of Zweitwohnsitz. Items for personal use satisfying various material and cultural needs are not considered to be valuables although they may have a high value (e.g., photographic devices, video cameras, CD players, fur coats, mobile phones, tablets, notebooks, eReaders and similar). These items must not be compensated by Zweitwohnsitz.
4.2. Any items of the Contractual Partner that are left behind will, if visibly exceeding a value of EUR 10.00, only be sent on upon request within 14 days after the stay at the request, risk and expense of the Contractual Partner. Then the items, if there is no recognizable value, will be handed in to the lost property office or disposed of.
4.3. Standard Internet usage is available in the hotel and in the event area free of charge. Any breakdown or failure of the management does not constitute grounds to reduce the bill nor any basis for liability of any kind with regard to Zweitwohnsitz. Be advised that due to the geographical location of Zweitwohnsitz the functionality of internet service and mobile phone reception may be reduced or not working at all.
4.4. Zweitwohnsitz assumes no liability for accidents at events. In general, Zweitwohnsitz is not liable towards consumers with the exception of personal injury in the event of minor negligence. In general, Zweitwohnsitz is liable towards companies only in the case of gross negligence and intent, whereby the burden of proof lies with the company and consequential damages, intangible losses and lost profits will on no account be compensated.
4.5. Zweitwohnsitz is not liable if the Contractual Partner, its employees, agents, visitors or guests lose items during or in connection with events; this also applies to theft. Insurance policies (for losses due to theft, break-in and fire) must be concluded by the event organizer itself.
4.6. For valuables brought onto the premises, not handed over to Zweitwohnsitz, no liability is assumed. The Contractual Partner must ensure sufficient insurance for bringing its own items of value.
4.7. Any claims of the Contractual Partner against Zweitwohnsitz must be asserted in writing within 6 months after the end of the event, otherwise they are deemed to have lapsed.
5.1. Zweitwohnsitz’s rooms and areas are made available according to the booking agreements concluded. Any complaints against Zweitwohnsitz for defects must be made by the Contractual Partner in the event of any other waiver of their assertion upon delivery of the object of the contract. Small, technical-related discrepancies as well as discrepancies in color shades (for decor, etc.) are not considered a defect. Changes to technical systems, fixtures and furniture, or switching of items, may only occur with the written consent of Zweitwohnsitz and at the expense of the Contractual Partner.
5.2. Zweitwohnsitz requires binding written notification of the exact number of participants for events where food is to be served no later than 2 working days prior to the event. The number notified by the Contractual Partner is deemed to be a guaranteed minimum number, for which Zweitwohnsitz will make all preparations and which will in any case be billed. Any orders of food, beverages, smoking products, etc. in excess of this will also be invoiced to the organizer.
5.3. If the notification is not subject to point 5.2., the number notified in the order by the organizer shall be considered as a guaranteed number.
5.4. If no other agreement has been reached, all beverages ordered in connection with the event will be invoiced to the organizer according to the actual consumption.
5.5. The Contractual Partner is obligated to inform Zweitwohnsitz of any intended installation of decor material or other objects and to obtain its consent. Event rooms must not be damaged. The installation must be carried out by appropriate specialist personnel. Fire safety and any other provisions applicable to this must be observed. All costs associated with the installation and dismantling of the event room must be borne by the Contractual Partner.
5.6. The organizer is not entitled to pass on the premises provided to it in whole or in part (also not in terms of time) to third parties in whatever form (for example, by sub-letting or as part of an event booked by it) without the prior written consent of Zweitwohnsitz.
5.7. Zweitwohnsitz assumes no liability for technical disruptions, in particular, the Internet connection, interruptions or disruptions in the power supply (electricity, water), or for operating disruptions of any kind.
5.8. Official enforcement agencies, public officials as well as employees and representatives of Zweitwohnsitz must be granted access to the rooms and areas at all times.
5.9. For more simple technical work, Zweitwohnsitz will use its own employees, who will be invoiced at the customary local hourly rates on a time and materials’ basis and per hour or part thereof, plus any surcharges (such as, holiday, night-time and/or weekend supplements). If technical work by third parties is required for events, the costs thus incurred will be billed on to the Contractual Partner. Third parties may only perform work or changes to the hotel building or premises with the prior written consent of the Zweitwohnsitz.
5.10. The setup and performance of the event or the activity, used to achieve the contractual purpose, must correspond with the level and the reputation of Zweitwohnsitz.
5.11. All advertising activities of the Contractual Partner must be approved by Zweitwohnsitz in writing if Zweitwohnsitz is mentioned. This applies in particular to billboards, programs, broadcasts, mailings, etc. When announcing an event, only the naming approved by Zweitwohnsitz (for example “Zweitwohnsitz”) may be used. The use of the hotel name or logo for media, printed forms, etc., is only permitted after prior written approval by Zweitwohnsitz. If Zweitwohnsitz has not been informed in advance, then Zweitwohnsitz is at liberty to cancel the event.
5.12. Equipment and devices that are brought in by the organizer and/or used by the latter at Zweitwohnsitz must comply with the respective Austrian statutory provisions and be safe to operate. Corresponding confirmation must be submitted to Zweitwohnsitz upon request. Zweitwohnsitz is entitled, but not obligated, to arrange testing in this regard by experts at the expense of the organizer and, in the case of doubt, to take the device out of operation or to request its immediate removal or if necessary, to remove it itself at the expense of the Contractual Partner; this also applies to other items.
5.13. The Contractual Partner is obligated to obtain at its own expense all necessary and prescribed approvals and permits and to submit them to Zweitwohnsitz no later than 14 business days prior to the start of an event. The Contractual Partner shall exempt and hold harmless Zweitwohnsitz with regard to all damages, in particular penalties/administrative penalties, copyright claims of third parties that stem from non-compliance with commercial law and any other provisions, particularly, from the non-payment of fees. This applies in particular to events at which music is played.
5.14. All deliveries brought or sent to Zweitwohnsitz by the Contractual Partner or by third parties must be notified to Zweitwohnsitz in advance. Zweitwohnsitz reserves the right to determine the time of delivery and not to accept inadequately labeled packages or those subject to customs duties. Storage up to the event is free of charge. Zweitwohnsitz assumes no liability for completeness of, any potential damage to or theft of the delivery. Zweitwohnsitz is also not obligated in particular to carry out random checks.
5.15. The Contractual Partner requires express approval by Zweitwohnsitz to bring in food and beverages and other goods. Any costs incurred (such as corkage, use of crockery, waste disposal fees) will be invoiced separately by Zweitwohnsitz.
5.16. The Contractual Partner or its authorized representatives must ensure its presence or that of an authorized person for the period of use of the event rooms.
5.17. Zweitwohnsitz will provide any number of employees to support the event who will meet a general international high standard. If the organizer requires additional employees to meet special requests, these will be charged in addition for each employee and hour. If the constant presence of hotel employees is required during the event, the corresponding hourly rate of Zweitwohnsitz will be additionally charged per employee and per hour or part thereof according to the time of day or night. From 0.00 a.m., a minimum flat rate of EUR 100.00 is charged for the service team, which may also increase depending on the extent of the work.
5.18. If the organizer uses the premises provided to it beyond the agreed time, Zweitwohnsitz is entitled to invoice further provision costs in addition to the agreed remuneration.
5.19. The Contractual Partner bears the risk of the event carried out by it, including its preparation, construction, execution and dismantling. The Contractual Partner is liable for all damages, consequential damages and losses that are caused by it, persons employed by it, by its agents (subcontractors), by its authorized representatives and by its visitors and guests. This applies in particular to damages to the building and inventory as a result of the event, to damage when bringing items in, when performing installation and dismantling work and to all consequences resulting from exceeding the agreed maximum number of visitors. If necessary, Zweitwohnsitz will demand that suitable insurance policies are concluded by the organizer.
5.20. The Contractual Partner is obligated to inform Zweitwohnsitz no later than at the time of contract conclusion, without being asked to do so, if the event is likely, based on its political, religious or other nature, to jeopardize the smooth running of business operations, the security or the reputation of Zweitwohnsitz in the public domain.
5.21. Unless otherwise agreed, the following cancellation conditions apply to events:
up to 60 days before the event: no cancellation costs
up to 30 days before the event: 100% of room rental/provisioning costs or at least 50% of the total catering revenue to be expected
up to 10 days before the event: 100% of room/provisioning costs or 85% of the total catering revenue to be expected
10 days before the event or less: 100% of the total turnover to be expected, 100% of room rental/provision costs, all additional costs per order such as technicians, décor, personnel, etc.
The contractually agreed number of persons is used when calculating the total revenue (meals and/or beverages).
5.22. Agreed room rents shall apply exclusively to the provision of the premises as well as the furniture confirmed by the Contractual Partner and by Zweitwohnsitz at the time of booking unless otherwise agreed, to the extent it is available at Zweitwohnsitz, and these are inclusive of sales tax. The invoice for the estimated total costs will be issued on the day the contract is concluded and is payable within 10 days of the date of the invoice. Additional costs will be invoiced separately after the event and are due for payment immediately. Default interest of 12% pa is agreed upon in the case of payment default, in addition, the costs of the reminder letter and possible debt recovery must be borne by the organizer.
6.1. Zweitwohnsitz is, notwithstanding its owed fees, entitled to terminate the contractual relationship at any time and without giving reasons, if:
6.1.1. the Contractual Partner does make a payment due despite a grace period granted for 7 days;
6.1.2. insolvency proceedings have been launched regarding the assets of the Contracting Party or rejected for lack of cost-covering assets;
6.1.3. the smooth running of business operations or the security of the hotel or its guests is jeopardized by the Contractual Partner;
6.1.4. any necessary official permits are not submitted or the event is prohibited by regulatory authorities;
6.1.5. performance of the contract is not possible due to force majeure, strike or other circumstances for which Zweitwohnsitz is not responsible;
6.1.6. events are booked with misleading or incorrect information or facts that are material to the contract are concealed; the identity of the Contractual Partner or its guests, its ability to pay or the purpose of the event may be material to the contract;
6.1.7. Zweitwohnsitz has reasonable grounds to suspect that the event may jeopardize the smooth running of business operations, the security or the reputation of Zweitwohnsitz in the public domain without this being in the control or organizational remit of Zweitwohnsitz;
6.1.8. the purpose or the occasion of the event is unlawful.
In the event of withdrawal from the contract by Zweitwohnsitz for the aforementioned reasons, the Contractual Partner is obligated to provide compensation for damages including lost profit. Zweitwohnsitz’s liability of any kind is excluded in these cases.
7.1. Due to the special nature of hotel residence services, storing and forwarding of personal data is essential. The Contractual Partner acknowledges that it will provide Zweitwohnsitz with personal data, which is required to perform the agreed service, and accepts the transfer of personal data for proper performance of the ordered services to booking platforms, which are used to book tourist services, to service providers, who perform tourist or other services, and to public bodies and authorities for statutory reporting, tax and other legally prescribed purposes.
7.2. If the data transfer of personal data is not performed by the data subject personally, but by other representatives of the Contractual Partner, then the Contractual Partner is obligated to inform the data subject of the transfer to Zweitwohnsitz and of any transfer of the data by Zweitwohnsitz to the aforementioned recipient categories. Zweitwohnsitz will handle this data confidentially in accordance with the relevant data protection provisions and only pass it on to third parties, if this is necessary for the provision of the brokerage service or if the transfer is mandated by legal requirements.
8.1. Smoking is only permitted in the buildings of Zweitwohnsitz in the areas that are marked as such accordingly. In the event of violation, a claim for cleaning and, if the affected rooms cannot be used or rented out, for the associated loss of earnings shall be asserted.
8.2. The place of performance and payment is Unterthürnau. Austrian law is applicable excluding any and all principles on conflicts of law. The exclusive place of jurisdiction is Horn.
8.3. Any transfer of rights from the contractual relationship of the Contractual Partner with Zweitwohnsitz, whether gainful or not, requires the express, written consent of Zweitwohnsitz.
8.4. Changes must be made in writing to be valid; verbal side agreements will only become effective following written confirmation by Zweitwohnsitz.
8.5. If individual provisions of these General Terms and Conditions are invalid or become invalid, this does not affect the validity of the remaining provisions. Zweitwohnsitz and the Contractual Partner shall replace the invalid provision immediately with a provision that resembles as closely as possible the intended purpose and economic significance.
8.6. Zweitwohnsitz is entitled to cancel and change bookings and will assume the additional costs charged by the alternative accommodation provider only if these must be attributable to the sphere of Zweitwohnsitz. Special requests and additional costs instigated by the customer will not be assumed by Zweitwohnsitz and must be borne by the customer.