T & C

1. Preamble

Hotel Donaustadt GmbH with postal address Stubenring 4 / Top 19 1010 Vienna, is the operator (hereinafter referred to as " OPERATOR ") of the accommodation facility "Hotel Donaustadt Kagran". The OPERATOR provides guests (hereinafter referred to as "GUESTS") with rooms (including any parking space) (hereinafter referred to as "ROOMS") for a certain period of time against payment. The services consist in particular in the provision of accommodation against payment, the sale of food and drinks, the provision of parking spaces and all other related services.
For a better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

2. Scope

These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between the OPERATOR on the one hand and the GUEST on the other hand.
These GTC are addressed to both consumers within the meaning of § 1 para. 1 no. 2 KSchG and entrepreneurs within the meaning of § 1 para. 1 no. 1 KSchG.
In addition to these GTC, the GUEST has taken note of the terms and conditions visible on the website https://hoteldonaustadtkagran.at/ as well as the "Terms and Conditions of Use for Parking Spaces" defined in item 4 and these are hereby deemed to have been effectively agreed.
These GTC shall be made available to the GUEST at (or be-fore) the time of booking and shall be deemed to have been effectively agreed upon their acceptance.
If the booking is made via an external platform, the General Terms and Conditions of this platform (and also its cancellation conditions) shall apply.

3. Conditions of use

The GUEST is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially.
The GUEST shall refrain from all measures and actions which could negatively affect the condition of the ROOM. In the event of damage or unusual wear and tear to the ROOM, the GUEST may be liable for damages (see item 9).
The OPERATOR is entitled to refuse a GUEST access to the ROOMS if the GUEST uses the ROOM in an inadequate manner or behaves in an improper manner.

4. Terms of Use for Parking Spaces (Parking Space Usage Agreement)

The contract for the use of the pitch only comes into effect with the transmission of the booking confirmation (see point 5). The GUEST has no claim whatsoever to the provision of a specific pitch.
The object of the contract is exclusively and conclusively the transfer for use of a parking space in return for payment in accordance with the booking confirmation. The subject matter of the contract does not include, in particular, the safekeeping, guarding or monitoring of the parked vehicle or the granting of insurance cover. This also applies in the event that hotel staff are present in the parking area or the parking area is monitored by video surveillance.
The GUEST undertakes to properly secure and lock the parked vehicle. The instructions of the hotel staff must be followed in the interest of smooth operation. Any damage to garage facilities or to other vehicles by the GUEST must be reported to the OPERATOR immediately and before leaving the garage, as must any damage to the GUEST's own vehicle.

5. Offer, Contract Conclusions

By clicking the button "Book now" and entering the required data in the input mask, the GUEST makes a binding offer to conclude a contract with the OPERATOR. The OPERATOR is not obliged to accept this offer.
The provision of the online booking system does not consti-tute a legally binding offer, but merely a non-binding invitation to the user to submit an offer to conclude a contract ("of-fer to submit an offer").
The OPERATOR confirms an offer to the GUEST by sending an e-mail to the address provided by the GUEST ("confirmation"). This e-mail does not constitute an acceptance of the offer by the OPERATOR.
The OPERATOR may accept offers by confirming the purchase of the offer in another e-mail ("booking confirmation") or implicitly by providing access to the ROOM for the GUEST.

6. Payment modalities

The amount of the remuneration depends on the specific agreement reached,
The payment methods accepted by the OPERATOR are listed on the website.
In the event of (attempted) payment fraud, the OPERATOR will initiate criminal and civil proceedings against the GUEST.
The prices quoted on the website of the OPERATOR are in EUR. In case of doubt, value added tax or other taxes are not included.
The amounts stated at the time of ordering shall apply in each case.
Unless otherwise agreed, the fee shall be paid in advance.
If the claims are not paid within fourteen days, the OPERATOR shall charge the legally permissible interest on arrears from the due date. A fee of EUR 40.00 per reminder may be charged for reminders. Notwithstanding the foregoing, the OPERATOR shall be entitled to withhold its obligations under this contract for the duration of the default in payment.

7. Cancellation, Reservation, Deposit

For group reservations of more than 10 rooms, a deposit of 20% must be paid at least 30 days before the date of arrival. Free cancellation for groups is possible a maximum of 30 days before the date of arrival. If the cancellation is made within the last 30 days before the date of arrival, a full cancel-lation fee (100% cancellation fee) will be charged.
For individual reservations via direct bookings, a cancellation fee of 100% is payable if the cancellation is made within the last 72 hours prior to the arrival date. For other individual reservations, a cancellation fee of 100% is payable if the cancellation is made within 48 hours of arrival.
It is pointed out that the right of revocation according to the Distance and Outward Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz) pursuant to § 18 para. 1 no. 10 FAGG does not apply with regard to services in the areas of accommodation for other than residential purposes.
If the booking is made via an external platform, the General Terms and Conditions of this platform (and also its cancellation conditions) shall apply.

8. Liability for damages and warranty

The liability of the OPERATOR for slight negligence is excluded.
The GUEST is obliged to inform the OPERATOR of any allergies before using the service.
The OPERATOR shall not be liable for any loss of profit by the GUEST.
The limitations of liability made here do not apply with regard to personal injury or damage under the Product Liability Act if the GUEST is a consumer.
A claim for compensation arising from the acceptance of the guest expires if the GUEST does not notify the OPERATOR without delay after becoming aware of the damage. This does not apply, however, if the items were taken over by the OPERATOR for safekeeping.

9. Indemnity and contractual penalty

Should a claim be made against the OPERATOR by a third party due to the unlawful or inadequate use of the ROOM by the GUEST, the GUEST undertakes to indemnify and hold harmless the OPERATOR. Employers are liable for their employees.
In the event of an unlawful evaluation, the OPERATOR reserves the right to take legal action against it.
Damage to the furniture triggers a contractual penalty in the amount of Euro 500.00 (per damaged item). The OPERATOR is at liberty to claim damages in excess of this amount. If the GUEST is a consumer, the contractual penalty may be reduced by a judge.
Smoking is prohibited in the entire hotel area. A breach of this rule will result in a penalty of 150.00 euros. If the fire brigade is called in as a result of this, this will trigger a contractual penalty of Euro 1,000.00. The OPERATOR shall be at liberty to claim damages in excess of this amount. If the GUEST is a consumer, the contractual penalty may be reduced by a judge.

10. Involvement of subcontractors

The OPERATOR may use subcontractors (vicarious agents according to § 1313a ABGB) for the performance of its obligations under this contract.

11. Changes to the General Terms and Conditions

The OPERATOR is entitled to amend these terms and conditions at any time. The OPERATOR shall inform the GUEST of such amendments by sending the amended terms and conditions to the email address last notified to the GUEST. The GUEST has the right to object to this change. If no objection is made by the GUEST within 14 days of this amendment being sent, implied consent to the amendment of the General Terms and Conditions shall be assumed. Unilateral and factually unjustified changes to the General Terms and Conditions cannot be implemented in this way.

12. Data protection and confidentiality

The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship and due to predominantly justified interests and legal obligations (iSd Art 6 para 1 lit b, c and f DSGVO). Otherwise, the OPERATOR shall be obliged to maintain secrecy with regard to the data of which it becomes aware as a result of the present business relationship and, in particular, to comply with data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship.
The OPERATOR draws attention to the fact that data of the GUEST may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f DSGVO). The GUEST may object to this form of data processing at any time (Art 21 (2) DSGVO).
Further information on the processing of personal data can be found in the privacy policy.

13. Duration of the contractual relationship

The contractual relationship is concluded for the agreed duration.
The OPERATOR shall not be obliged to store data beyond the contractual relationship, apart from statutory retention obligations.

14. Jurisdiction and applicable law

This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory rules of his country of residence (cf. Art 6(2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of the rules of conflict of laws is excluded.
The exclusive place of jurisdiction shall be the competent court in Vienna, Innere Stadt. If the GUEST is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the GUEST may, in derogation thereof, only be sued before the courts in whose district his domicile, habitual residence or place of employment is located.
Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 p 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The OPERATOR is not prepared to participate in a dispute resolution procedure before a consumer arbitration board.

15. Other

If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intent of both contracting parties as discernible from the agreement.
The OPERATOR recommends the GUEST to save these GTC permanently.