Kern Beherbergungsbetriebs GmbH / Do Step Inn – Hotel & Hostel
- §1 Scope of application
These General Terms and Conditions for the Kern Beherbergungsbetriebs GmbH / Hotel Do Step Inn are based on the Austrian Hotel Contract Conditions. At the moment the version of 15.11.2006 (ABGH 2006) is valid.
- §2 Definitions
“Proprietor”: means an individual or entity that accommodates guests against remuneration.
“Guest”: means an individual that uses accommodation. Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).
“Party”: means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest.
“Consumer” and “Entrepreneur”: these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.
“Accommodation Agreement”: means the agreement made between the Proprietor and the Party, the contents of which are specified below.
- §3 Execution of the agreement – Down payment
The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the Proprietor.
The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon with the receipt of the Party’s payment by the Proprietor.
The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.
The down payment shall be deemed an instalment of the agreed remuneration.
For group-reservations (=reservation of minimum three rooms) is a down payment to the amount of one day rental fee paid in advance necessary. Mentioned down payment need to arrive at the proprietor at least no later than 7 days before the accommodation.
- §4 Start and end of accommodation
Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 3.00 p.m. on the agreed date (“date of arrival”).
If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.
The rented rooms shall be vacated by the Party by 11.00 morning on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.
- §5 Rescission of the Accommodation Agreement – Cancellation fee
Rescission by the Proprietor
If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.
If the Guest fails to arrive by 10 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the Guest informs the Proprietor of a later date of arrival.
Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation fee
5.5 Cancellations for individuals
Cancellations up to 48 hours prior arrival prior 11 a.m on the day of arrival are free of charge. In case of a later cancellation or in case of a no- show the amount of the first nights’ stay will be charged as a cancellation fee. We will concern it as a no-show if the guest will not arrive before 10 p.m. on the day of arrival.
5.6 Cancellation conditions for groups.
As groups is considered a booking of 3 rooms or up to 6 people.
Cancellations up to 30 days prior arrival prior 11 a.m on the day of arrival: 15% of the deposit amount of the booking will be charged as a handling fee.
Cancellations up to 14 days prior arrival prior 11 a.m on the day of arrival: 40% of the total amount of the booking will be charged as a cancellation fee.
Cancellations up to 72 hours prior arrival prior 11 a.m on the day of arrival: 75% of the total amount of the booking will be charged as a cancellation fee.
Cancellations up to 12 hours prior arrival prior 11 a.m on the day of arrival: 90% of the total amount of the booking will be charged as a cancellation fee.
In case of cancellations after 12 hours before arrival or in case of a no show the total amount of the booking will be charged as a cancellation fee.
Prevention from arrival
The party is obliged to proof the reasons of not arriving In addition the party is obliged to inform the accommodating establishment on time (at least on time of arrival before 6.00 p.m.) about not arrival. In case of not informing (no show) the remuneration of the accommodation (arrival until departure) is payable as a cancellation fee.
The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.
- §6 Special conditions for apartment rooms and mini apartments6.1 Apartment rooms and mini apartments are bookable for a minimum stay of 7 nights. The maximum length of stay in an apartment is 6 months.6.2 For apartment rooms and mini apartments we don`t provide any hotel services.
– No covering of beds
-Nocleaning of the roomduring the stay
– Waste separation and disposal of rubbish in the provided bins has to be made by the guest without exception.
– No reception services; There is no reception in the Wurmbstraße 36.
6.3 A fix booking of a apartment room or a mini-apartments is only possible with a previous payment. The amount of the deposit depends on the number of guests and length of stay.
6.4 Cancellations up to 28 days prior arrival prior 11 a.m on the day of arrival are free of charge.
In case of a later cancellation the deposit will be forfeited.
6.5 It should be noted that only the discussed premises are rented with this accommodation agreement. Any services that are requested by the tenant and not causally related to a defective condition of the Mietgegentandes or made necessary by the failure of the tenant will be charged separately. As an hourly rate€ € 59, travel costs: € 29.
- §7 Provision of substitute accommodation
The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.
An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.
- §8 Rights of the Party
By entering into an Accommodation Agreement, the Party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
- §9 Obligations of the Party
The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.
- §10 Rights of the Proprietor
If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.
If services are requested in the room of the Party or during unusual times of the day (after 12.00 p.m. and before7.00 a.m.), the Proprietor shall be entitled to charge an extra remuneration. Prices are posted in the Check-In-Area. However, such extra remuneration shall be indicated on the price board for the room. The Proprietor may also refuse such services for operational reasons.
The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.
- §11 Obligations of the Proprietor
The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.
Extra services of the Proprietor that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include:
- a) Extra accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.;
b) A reduced price shall be charged for the provision of additional beds or cribs.
- §12 Liability of the Proprietor for damage to items of guests
The Do Step Inn Hotel and Hostel is not owner of a monitored storage for property of any kind. For that reason there is no liability of the Proprietor for losses or damages on any brought property. The Party or Guest is not allowed to leave any properties without attention, for not giving any opportunity for abstraction.
The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.
- §13 Limitations of liability
If the Party is a Consumer, the Proprietor may not be held liable for slight negligence, except for bodily injury.
If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (Vertrauensinteresse).
- §14 Animals
Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and against extra remuneration.
The Party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.
The Party and/or Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Proprietor upon request.
The Party and/or their insurance company shall be jointly and severally liable towards the Proprietor for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Proprietor to third parties.
Animals shall not be permitted to enter the lounges, saloons, restaurants and wellness zones.
- §15 Prolongation of the accommodation
The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.
If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.
If the Party’s luggage is still in the room after 11 a.m. on the day of departure, the Party agreed to a prolongation of an additional night. This night needs to be paid by the Party as soon as possible.
For the reason of prolongation and the room is already reserved, the Proprietor is allowed to remove every property from the room. Removing and storing of the goods and for any additional effort the Party is liable to pay all costs. All liability for the Proprietor for left property is excluded.
- §16 Termination of the Accommodation Agreement – Early cancellation
If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.
Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.
The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest
a) makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or other10 wise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;
c) fails to settle the presented invoices when they become payable within a reasonably set period (3 days).
If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.
- §17 Sickness or death of the Guest
If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.
As long as the Guest is unable to make decisions or it is not possible to contact the family of the Guest, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
The Proprietor shall particularly be entitled to damages from the Party or the Guest or, in the event of their death, their successors for the following expenses:
- a) unsettled medical costs, costs for ambulance transports, drugs and medical aids
b) room disinfections that have become necessary,
c) linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,
d) restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,
e) rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,
f) any other damage incurred by the Proprietor.
- §18 Place of performance, place of jurisdiction and applicable law
The place of performance shall be the place where the accommodating establishment is situated.
These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.
If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.
If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.
- §19 Miscellaneous
Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).
The Proprietor shall be entitled to offset any of its claims against claims of the Party. The Party shall not be entitled to offset any of its claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or acknowledged by the Proprietor.
If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.
- §20 Houseorder
We may kindly ask you to understand that this house order was adopted in order to guarantee that all hotel guests feel well here:
- Please no noise after 10 p.m.. Especially in the stair hall and the outskirt area keep silent at night. Please put the television on low volume and do not have loud discussions during the night. Our guest kitchen and chill out lounge are perfect locations for meeting people and having fun. Please close the windows to the court if you do so!
- Please keep in mind that this is an entirely non-smoking house. You are invited to smoke outside if you keep in mind that making no noise.
- If something got damaged in hotel please immediately tell it at the reception.
- And of course do not insult other guests.
Please note that severe or repeated counteracting against this house order will result in being asked to leave the hotel without getting the rent for the night back. In order to protect our guests we are also obligated to not let aggressive people stay in our hotel.
§ 21 Safety and health protection
Safety and health protection have first priority in our lodging establishment, therefore, all our technical devices meet the highest security criteria. However, this also means that, for security reasons, those highly sensitive devices react to the smallest disturbances and may automatically stop functioning in case of inconsistencies. Additionally, it must be emphasized that even during normal operation errors can still occur and not always be prevented.
In case of technical defects (such as e.g.: power breakdown, no water/no hot water, no heating, defect locks or loss of TV or internet connection) the Hotel is responsible to restore normal operation within a reasonable amount of time without needing to pay compensation or reimbursement to the customer. The amount of time necessary to restore a defect highly depends on its kind and cause. After reporting it to reception members a period of 30 minutes to restore normal operation usually are sufficient. Longer periods arise if the technical defect is not caused by the hotel but by outside operators such as the suppliers of electricity/internet etc.
It is explicitly pointed out that we are unable to fix technical defects between midnight to 7 A.M.; in case of a breakdown during this period, the corresponding service will be called in at 7 A.M. in order to restore the normal operation. Should the hotel be unable to solve the breakdown or technical defect within a reasonable time period, a compensation of 10% – 50% can be claimed for the night in question. Technical devices concerning fire safety are excluded from this regulation and need to operate continuously.
Our billing address: Kern Beherbergungsbetriebs GmbH, Felberstraße 20, A-1150 Vienna, AUSTRIA