General Terms and Conditions
§ 1 Scope of validity / definitions:
The General Terms and Conditions apply between Aldano Betriebsgesellschaft m.b.H., 1070 Vienna, Kirchberggasse 33, company number FN 412437a of the Vienna Commercial Court (hereinafter the Accommodation Provider) and each guest as follows:
A Guest is defined as being all natural entities, family members, friends and acquaintances travelling with the Guest and who make use of the accommodation, as well as companies that make bookings on behalf of natural entities. A company that makes a booking is jointly and severally liable for all natural entities that make use of the accommodation. The Accommodation Provider will always require companies to pay a deposit in advance. Unless agreed otherwise, extras will be charged separately to the actual Guest upon departure.
The term Room is used to refer to each room/apartment/suite of the Accommodation Provider.
§ 2 Formation of contract
The accommodation contract comes into being through the explicit acceptance of the order/reservation inquiry of the Guest by the Accommodation Provider or through utilisation of the Rooms.
The Accommodation Provider reserves to right to make formation of the contract dependent upon payment of a deposit. In this case, the contract shall come into being upon receipt of the declaration of consent from the Guest or no later than upon receipt of the deposit.
The deposit is to be paid within 7 (seven) days. The Guest shall be responsible for paying any remittance fees; deposits paid by credit call shall be subject to the corresponding terms and conditions of the card company. The deposit is taken in part payment of the agreed rate.
§ 3 Beginning and end of the accommodation
Unless explicitly agreed otherwise, the Guest is entitled to move into the Room from 1500 hrs on the agreed day of arrival.
If a Room is only made available before 0600 hrs in the morning, the preceding night shall be counted as the first night’s stay.
Unless agreed otherwise, each Room is to be vacated by 1100 hrs on the day of departure. If the Guest does not vacate the Room by this time, the Accommodation Provider shall be entitled to charge an additional night’s stay.
§ 4 Withdrawal from the contract, cancellation fee, security deposit
If a deposit was requested but not paid on time, the Accommodation Provider can withdraw from the accommodation contract without setting a grace period.
If a Guest does not arrive by 1800 hrs on the agreed day of arrival, there shall be no obligation to provide accommodation unless a later arrival time has been agreed.
If the Guest has a paid a deposit, the Room shall remain reserved until no later than 1200 hrs (noon) on the following day. If more than 4 days are paid for in advance, the obligation to provide accommodation shall end at 1800 hrs on the fourth day, with the day or arrival counting as the first day unless agreed otherwise.
The accommodation contract can be unilaterally terminated by the Accommodation Provider for justified reasons no later than 3 months before the agreed day of arrival of the Guest.
The following applies to cancellations by the Guest:
Planned length of stay of up to 3 weeks
Cancellations are possible free of charge up to 14 days before the date of arrival.
For cancellations made up to 4 days before the date of arrival, the price of the first night’s stay will be charged.
The full amount will be charged for cancellations made less than 4 days before the date of arrival or for no-shows.
Planned length of stay of longer than 3 weeks
Cancellations are possible free of charge up to 21 days before the date of arrival.
10% of the total price will be charged for cancellations made up to 7 days before the date of arrival.
50% of the total price will be charged for cancellations made less than 7 days before the date of arrival or for no-shows.
The Accommodation Provider can require payment of a security deposit for any length of contract and use this security deposit to repair damage caused by the Guest or to cover arrears. If the security deposit is used, the Guest will be required to top it up again within 8 days, failing which, the Accommodation Provider is entitled to terminate the contract having set an appropriate period of grace.
§ 5 Prevention of arrival / substitute accommodation
If a Guest is unable to make use of any means of transport and alternatives are not reasonable due to unforeseeable, extraordinary circumstances (e.g. extreme snowfall, flooding, air traffic blockade,…), the guest will not be required to pay the agreed rate; the claim to the agreed rate will come into existence again if arrival becomes possible again within 3 days.
The Accommodation Provider can provide the Guest with adequate, substitute accommodation of the same quality if this is reasonable to the Guest, in particular if the difference is minor and objectively justified.
An objective justification is present when Rooms have become unusable, the accommodation has been overbooked, or other important operational reasons exist. Any additional expenditure shall be at the expense of the Accommodation Provider.
§ 6 Rights and obligations of the Guest
The Guest is required to report any faults – in particular to the electricity, water, gas and sanitary facilities – without delay. If the facilities and Rooms require immediate repair, the Accommodation Provider will attempt to arrange a time for these repairs to be made with the Guest. In the event of imminent danger, the Guest shall be required to tolerate the repairs being performed during normal business hours. If this requires the Room to be vacated, the Guest shall be required to vacate the premises, in which case substitute accommodation will be provided.
By signing an accommodation contract, the Guest acquires the right to the usual use of the rented Rooms, as well as to the facilities of the accommodation operation that are usually accessible for guests to use without special conditions and to the usual service. The Guest must exercise his rights in accordance with any hotel and/or guest regulations (house rules).
The Guest is required to pay the agreed rate plus any additional amounts incurred by him and/or his accompanying guests for the use of separate services in cash plus statutory VAT, no later than immediately prior to departure.
The Accommodation Provider is not required to accept foreign currencies or cashless payment cards. If the Accommodation Provider does accept cashless means of payment, the contractual partner shall bear all associated costs, such as any necessary inquiries at credit card companies, etc.
The Guest shall be liable towards the Accommodation Provider for all damage caused by the Guest or by other persons who receive the services of the Accommodation Provider with the knowledge or intention of the Guest.
The Guest is required to return all objects that come with the accommodation, failing which the Accommodation Provider can deduct a lump sum from the security deposit. The Guest will be provided with a corresponding inventory.
The Guest agrees that items of post, parcels, etc. will be accepted by Reception and placed in the apartment. The Accommodation Provider shall not accept any liability for the loss of these items.
The consent of the Accommodation Provider must be obtained for any modifications to the Rooms used. The Accommodation Provider can subsequently either insist on removal/restoration or offer a removal service. If a Guest does not comply with this obligation, the Accommodation Provider shall be entitled to have the work done at the expense of the Guest.
The Room or Rooms shall not be passed on, sublet for payment, or otherwise transferred free of charge in any way whatsoever. Any infringement shall entitle the Accommodation Provider to instant termination of the contract.
§ 7 Rights and obligations of the Accommodation Provider
The Accommodation Provider and its appointees may enter the Rooms in the event of imminent danger and with good reason (e.g. to render agreed services) at any time, otherwise with prior notification, in order to establish repairs to be made or to inspect them for the purpose of further disposal (sale, rental, etc.) at appropriate intervals and during normal business hours.
The Accommodation Provider can offer special contract contents or additions on a case by case basis. An addition to the contract comes into being through acceptance by the Guest of additional interior furnishings, laundry and kitchen appliances or other services at the prices indicated in the information folder placed in the Room.
If a Guest uses considerably more electricity, heating and water than is average for a Room, Aldano is entitled to request payment of the difference upon presentation of appropriate proof.
If the contractual partner refuses to make payment of the stipulated payment or if he is in arrears, the Accommodation Provider shall be entitled to make use of the statutory right of retention according to section 970c of the Austrian Civil Code (ABGB) as well as the statutory lien according to section 1101 of the ABGB in respect of items brought into the Room by the Guest.
These special payments are indicated in the information folder provided. However, the Accommodation Provider can refuse these services for operational reasons. If emergency services are used between 2000 hrs and 0600 hrs through the fault of the Guest, the Accommodation Provider can demand special payment.
The Accommodation Provider is entitled to issue invoices or interim invoices for his services at any time.
Special services of the Accommodation Provide that are subject to price labelling and that are not included in the accommodation fee include:
a) Special accommodation services that can be invoiced separately, such as the provision of additional bed linen and towels, additional cleaning of the apartment, etc.
b) A discounted price will be calculated for the provision of additional beds or cots.
§ 8 Liability limitations
The Accommodation Provider can refuse to accept valuables, money and securities for safekeeping if these items are considerably more valuable than items that guests would normally give the accommodation operation in question to look after.
The liability of the Accommodation Provider for damage to property and for injury to persons is ruled out in instances of minor negligence. Consequential damage, intangible damage or indirect damage as well as lost profit will not be compensated.
§ 9 Keeping of animals
Animals may only be brought onto the premises with the prior permission of the Accommodation Provider and if need be for a special fee. A contractual partner who brings an animal with him is required to keep and supervise this animal properly for the duration of his stay or have it kept and supervised by a suitable third party at his own expense. A Guest who brings an animal with him must be in possession of suitable public liability insurance.
Proof of suitable insurance is to be produced at the request of the Accommodation Provider. If the Guest does not produce this proof within a reasonable period of time, the Accommodation Provider can terminate the contract with immediate effect.
The Guest is also liable for damage caused by compensatory services rendered by the Accommodation Provider to third parties. Animals are not allowed in the laundry room or on the public roof terraces.
RULES OF THE HOUSE
1. Please refrain from behaviour which will disturb other guests or which is not reasonable, in particular noise outside of the rental property is not permitted. Also inside the rental property, the guest must refrain from disturbing the remaining guests. Radio, television and devices for play back of music are to be set at a low volume. From 22:00 to 6:00 and from 12:00 to 14:00 the house must be kept quiet.
2. Please refrain from endangering or disturbing the remaining guests, but also passers-by, in particular due to formation of dust, spilling, spraying or distributing fluids, or substances which are bad smelling or harmful to health.
3. Please refrain from damaging or contamination of the shared areas of the house, in particular the yard areas and the stair cases, as well as the communal areas such as the washhouse and communal terrace.
4. The setting up and storage of any kind of chattel outside of the rental property, as well as the storage of vehicles and methods of transport such as bicycles and motorbikes, cars, pushchairs etc. require the permission of ALDANO Serviced Apartments. It is forbidden to dry washing at the windows or in the passage.
5. In order to avoid weather-induced damages, the doors and windows of the rental property and in the communal areas of the house, are to be kept closed in wind, rain, snow, or frost according to the regulations. Balconies and similar areas belonging to the rental property are to be kept free of snow, foliage and other unusual loads.
6. The lift is to be used according to the instructions.
7. The rental property is to be ventilated and heated according to the regulations. Water spigots are to be kept sealed, broken panes of glass must be replaced immediately and all other damages must be repaired at your own cost.
8. Pets are only allowed with the permission of ALDANO Serviced Apartments.
9. The guest was given a set of keys and/or key cards for the duration of the rental agreement. It is forbidden for the guest to duplicate those. In the case of loss, damage or other uselessness the guest must inform ALDANO Serviced Apartments immediately and bear the costs for the necessary reprogramming and/or repairs.
10. In the case of damages, functional disturbances and other defects to the rental property including the rental fixtures the guest must notify ALDANO Serviced Apartments immediately. ALDANO Serviced Apartments will assign the job to their consistently co-operative company and send the guest a bill for any replacement costs. If the guest assigned a third party company independently, they must bear all costs themselves – even if it deals with the rectification of damages which are in the area of responsibility of ALDANO Serviced Apartments, which would not have occurred if the ALDANO Serviced Apartments had been assigned.
11. In the case of internet usage, every user is obliged to adhere to the following rules: It is not permitted to use internet access for illegal purposes, to affect, hinder or limit other users or the network by excessive use or unfair behaviour (e.g. spamming). Users may not sell on internet access or submit the internet access elsewhere. Furthermore, users may not provide access to server services or network services. The user is liable for loss and vandalism of the accepted internet components. Users will be billed for forced entry due to infringement of these regulations.
12. ALDANO Serviced Apartments accepts no liability for damages, as far as ALDANO Serviced Apartments does not show gross negligence or intent in the case of loss. The guest must not hold ALDANO Serviced Apartments responsible for damages or complaints, if a third party infringes any requirement of ALDANO Serviced Apartments due to the behaviour of the guest.