General Business Terms of Albertina Hotelbetriebsgesellschaft m.b.H.
valid as of 1 April 2021
§ 1 Contractual Partner
In case of doubt, the contractual partner of Albertina Hotelbetriebsgesellschaft m.b.H. (hereinafter called the Hotel) is the customer (hereinafter called Guest), even if he has booked or jointly booked for other named parties.
§ 2 Contract conclusion
1. Conclusion of the accommodation contract requires the written form.
2. Without a prior reservation, the Guest must pay the fully agreed fee in advance.
§ 3 Beginning and end of accommodation
1. The Guest is entitled to occupy the reserved rooms as of 3 p.m. on the day of arrival.
2. The Guest must vacate the reserved rooms by 11 a.m. on the day of departure.
3. If a room is taken for the first time before 6 a.m., the previous night counts as the first overnight stay.
§ 4 Cancellation of accommodation contract
1. The accommodation contract may be cancelled by either Party before the Guest’s agreed arrival date by prior notice. The notice of cancellation must be in the other Party’s hands before the Guest’s agreed arrival date.
2. The cancellation charge depends on the time the notice is received before the agreed arrival date:
- A cancellation up to 24 hours prior to the agreed arrival day until 6 pm (local hotel time) is free of charge.
- In case of later cancellation or if the Guest does not take up the reserved room without proof of cancellation the cancellation charge is 100% of the first night.
3. A cancellation is not possible, if the room is booked by taking advantage of the “Hot Deal rate”.
4. If the Guest has paid the agreed deposit, the room is reserved until noon the day after the agreed arrival date at the latest.
5. If the Guest has not paid the agreed deposit and does not appear by 6 p.m. on the agreed arrival date, the Hotel has the right to cancel the contract unless a later arrival time has been expressly agreed.
§ 5 Extension of accommodation
An extension of the contract requires the agreement of the Hotel.
§ 6 Provision of substitute accommodation
1. The Hotel has the right to provide the Guest with suitable substitute accommodation if this is reasonable for him, particularly because the change is minor and objectively justified.
2. It is considered to be justification, for example, if the room is unusable, or other major operational circumstances require this action.
3. Any additional expenses for the substitute accommodation are paid by the Hotel.
§ 7 Guest’s rights
By concluding the accommodation contract, the Guest acquires the right to normal use of the reserved room, hotel facilities and other services booked.
§ 8 Guest’s obligations
1. Unless otherwise agreed, the agreed cost (in €) is due and payable at the end of the accommodation contract. The Hotel is not obliged to accept cashless means of payment such as cheques, credit cards, coupons, vouchers etc. All the costs necessary for acceptance of these documents, such as for telegrams, investigations etc. are charged to the Guest.
2. Permission must be obtained from the Hotel Management before using electronic equipment brought by the Guest which does not constitute a normal travel requirement.
3. The Guest is liable in accordance with the provisions of compensation law for any damage and disadvantage suffered by the Hotel or third parties through his fault or the fault of a member of his party or other people for whom he is responsible, even if the injured party is entitled to claim damages directly from the Hotel.
4. The Guest is required to deposit valuables in the hotel safe, otherwise the Hotel cannot accept liability.
§ 9 Hotel’s rights
1. If the Guest refuses to pay the account or is in arrears, the Hotel is entitled to withhold the property brought by the Guest in order to secure its claim associated with accommodation and its disbursements for the Guest (§ 970 ABGB [Austrian Civil Code] – legal right of retention).
2. As security for the agreed cost, the Hotel has a lien on the property brought by the Guest. (§ 1101 ABGB – legal lien.)
§ 10 Hotel’s obligations
The Hotel is obliged to provide the agreed services at the level corresponding to its standard.
§ 11 Hotel’s liability
1. Compensation claims against the Hotel are ruled out in cases of minor negligence. This does not apply to personal injury. Compensation claims expire in all cases one year after the service was provided or the room was taken up.
2. The Hotel shall be fully liable as custodian for the property brought in by the guests accommodated if the Hotel or its employees are responsible for any damage or if the property was taken into custody. Otherwise liability shall be limited to an amount of € 1.100,- and the legal provisions on innkeeper’s liability shall apply (§§ 970c et seq. ABGB). It is expressly pointed out that the injured party’s claim for damages shall lapse if s/he fails to notify the Hotel of the damage immediately after having become aware of it. The Hotel is liable for valuables, money and securities only up to the amount of € 550,-. The Hotel shall be liable for any damage exceeding this amount only in case the Hotel or its employees are responsible for any damage or if the valuables, money or securities were taken into custody in full knowledge of their value and condition by the Hotel. Safekeeping of valuables, money and securities may be refused if they are much more valuable items than Hotel guests usually hand over for safekeeping.
3. Compensation claims against the Hotel by a businessman are ruled out in cases of minor or gross negligence and in the event of consequential loss and financial loss, lost savings and interest losses. This does not apply to personal injury. The existence of crass gross negligence (“krass grobe Fahrlässigkeit”) and wrongful intent must be proved by the injured party. Compensation claims expire in all cases one year after the service was provided or the room was taken up.
§ 12 Guest’s liability for pets
1.Upon prior announcement, guests may bring pets to the Hotel. A charge must be paid for all pets. However, the Hotel reserves the right to reject pets in individual instances, in particular if a pet seems to pose a special threat.
2. Pets are not allowed in the restaurant area.
3. The Guest indemnifies the Hotel fully against any damage caused by a pet.
§ 13 End of accommodation
1. If the accommodation contract is agreed for a specific period, it ends when the time is up. If the customer departs early, the Hotel is entitled to claim the full agreed cost.
2. If the Guest does not vacate his room by 11 a.m., the Hotel is entitled to charge the room price for one further day.
3. The Hotel is entitled to cancel the accommodation contract with immediate effect if the Guest
- makes considerable prejudicial use of the facilities or adversely affects joint residence by the other occupants by his inconsiderate, offensive or otherwise grossly improper behaviour or is guilty towards the Hotel and its staff or any person resident at the Hotel of action liable to punishment against property, morals or physical safety
- is suffering from a disease which is infectious or exceeds the period of his stay, or becomes in need of care;
- does not pay the presented bill on request within a reasonable deadline set.
4. If contract performance becomes impossible due to an event deemed force majeure (e.g. pandemics, official closures and prohibitions, etc.), the contract will be cancelled. The Hotel is however required to refund – on a pro rata basis – the payment already received, so that it does not profit from the event (§ 1447 ABGB).
§ 14 Place of performance and jurisdiction
1. The place of performance is the place where the Hotel is situated. Austrian substantive law is applicable.
2. For all disputes arising out of the accommodation contract, the jurisdiction of the locally competent court for the Hotel is agreed, unless the Guest as consumer has a place of employment, customary residence or domicile in Austria. In this case, the jurisdiction of the place notified by the Guest on registration is agreed.
§ 15 Other provisions
1. Amendments, supplements or additions to this contract are not valid unless in written form. Deviation from the written form requirement is also subject to the foregoing formal requirement.
2. Should individual provisions of this contract or a subsequent amendment or addition be or become ineffective, invalid or impracticable, the effectiveness, validity or practicability of all the other provisions will not be affected. Should any of these provisions be ineffective, invalid or impracticable, an effective, valid and practicable provision which comes as close as possible to the economic result of that provision shall apply between the Parties instead.
3. All payments are to be made as contractually agreed, but subsidiarily within 14 days of billing (crediting to the Hotel’s account). In the event of late payment, default interest of 12% p.a. is agreed.
4. Service is legally effective to the customer at the address given on the booking. The customer is therefore required to notify any change of address during the period of the business relationship in writing.
5. In case the customer is a businessman he waives any appeal against this contract on any grounds whatsoever – in particular due to error or loss of the basis of the contract.
6. The prices include all taxes, charges and local taxes. Unused services or partial services do not reduce the price per night or total price.
7. The German version of this General Business Terms shall be authoritative and legally binding. This English version shall be for information purposes only.
II. Special Business Terms for Groups
1. Groups consist of a minimum of 15 people (excluding tour guides) who arrive and depart together. If, after booking, the number of people in a group falls to less than 15, it is at the discretion of the Hotel whether the number remaining is accepted as a group.
2. The Hotel undertakes to provide the accommodation and services shown on the voucher/group confirmation, but additional services must be paid for by each Guest. The voucher/group confirmation must be handed to Reception on arrival. The accommodation and services booked will appear on one single bill.
3. A deposit of 65% of the total amount must be paid by 47 days before arrival. The remaining amount shall be due 14 days before arrival at the latest. Any bank charges are paid by the customer. The hotel contract is not firm until the deposit is received.
4. A list of the people in the group by name (including number of children) must be provided 7 days before the arrival date at the latest.
5. Cancellations must always be in writing. They apply from the date of receipt at the Hotel. The charge for the cancellation is
- Up to 50 days before the arrival date: Cancellation of the total amount booked at no charge
- Up to 30 days before the agreed arrival date: Cancellation of 35% of the group members booked at no charge. For cancellations over and above this, 40% of the total amount agreed will be charged.
- Up to 10 days before the agreed arrival date: Cancellation of 15% of the group members booked at no charge. For cancellations over and above this, 70% of the total amount agreed will be charged.
- Up to 3 days before the agreed arrival date: Cancellation of 5% of the group members booked at no charge. For cancellations over and above this, 90% of the total amount agreed will be charged.
- From 3 days before the agreed arrival date: Cancellation at no charge is not possible. In case of any cancellation, 100% of the total amount agreed will be charged.
6. All accommodation and services booked are due for payment net at the latest upon departure.
The bank details are as follows:
Bank: UniCredit Bank Austria AG
IBAN: AT29 1100 0002 0061 2000
AllYouNeed Hotels is a trade mark of Albertina Hotelbetriebsgesellschaft m.b.H.
Head Office & Central Reservation: Sensengasse 2b, 1090 Vienna, Austria.