1 Scope of the Contract
1.1 The contract conditions apply to accommodation contracts covering the hire of hotel rooms for purposes of accommodation, including all services and supplies provided by the hotel on behalf of the contracting party (guest).
1.2 The contract conditions do not exclude special agreements. Special agreements are subsidiary to each individual agreement.
2 Definition of Terms
Accommodation provider: is a legal person, one who accommodates guests for payment.
Guest: is a natural person, one who makes use of this accommodation service. The guest includes all those persons who, for whatever reason, arrive together with the contracting party (e.g. family members, friends, colleagues etc.)
Contracting party: is a natural or legal person, of Austrian or any other nationality, who concludes an accommodation contract as a guest, or on behalf of a guest.
Consumer and business: These terms are defined in accordance with the current version of the Austrian Consumer Protection Code (Konsumentenschutzgesetz 1979).
Accommodation contract: is the contract concluded between the accommodation provider and the contracting party whose content is governed as outlined below.
3 Conclusion of the Contract, Advance Payment
3.1 The accommodation contract is formed by the corresponding declaration of intent between the contracting party and the accommodation provider. Electronic declarations are deemed as having been delivered when the party for whom they are intended is able to call them up under normal circumstances, and when the declaration is received during the business hours as notified by the contracting party to the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the unilateral condition subsequent that the contracting party makes an advance payment by a specific time. In this case the accommodation provider is obliged to notify the contracting party of the required advance payment prior to accepting the contracting party’s written or verbal order. Where the contracting party declares themselves in agreement (written or verbal form) with the advance payment to the accommodation provider, then the accommodation contract comes into effect upon receipt of the declaration of consent to payment of the advance payment. Where the agreed advance payment has not been paid by the contracting party within the permitted time period, then the accommodation provider is entitled to dissolve the contract; the contracting party does not have this right, they are bound by the contract.
3.3 Unless otherwise agreed, the contracting party is obliged to make the advance payment by 7 days (receipt of funds) prior to their stay at the latest. The costs of transferring the advance payment (e.g. bank transfer fees) will be borne by the contracting party. Where advance payments are made by credit or debit cards, the conditions of the credit card company apply.
3.4 The advance payment is part-payment of the agreed payment amount.
4 Start and end of the Accommodation
4.1 The accommodation provider states the times of the day during which the contracting party may check into the reserved room, and the times of the day by which they must check out. The contracting party will be notified of arrival and departure times either in written or verbal form and this information can also be found under www.mooons.com.
4.2 Where a room is occupied for the first time before 6.00 am in the morning, then the previous night counts as the first overnight stay.
4.3 The accommodation provider is entitled to charge for a further day’s room hire where the hired rooms have not been vacated by the agreed check out time.
5 Withdrawal from the Accommodation Contract, Cancellation Charges
Withdrawal by the accommodation provider
5.1 Where the accommodation contract requires an advance payment and where the contracting party has not made the advance payment within the permitted payment period, then the accommodation provider is entitled to withdraw from the accommodation contract without a period of grace.
5.2 If the guest fails to appear by 6.00 pm on the agreed arrival day then the accommodation provider is not obliged to provide accommodation unless a later arrival time has been agreed.
5.3 Where the contracting party has made an advance payment (see 3.3), however, then the room(s) remain(s) reserved until 12.00 pm (noon) on the day following the scheduled day of arrival at the latest. Where the advance payment covers more than four days, the duty to provide accommodation ends from 6.00 pm on the fourth day, where the arrival day is counted as day one, unless the guest informs the accommodation provider that they will arrive on a later day.
5.4 Where no other conditions have been agreed, the accommodation provider may cancel the contract by unilateral declaration up to 1 month before the contracting party’s agreed arrival date at the latest.
Withdrawal by the Contracting Party
5.5 Unless expressly agreed otherwise, the contracting party may cancel the contract by unilateral declaration up to 1 month prior to the guest’s agreed arrival date at the latest without being obliged to pay a cancellation charge.
5.6 The parties to the contract are free to draw up special agreements regarding withdrawal from the contract. These agreements are, however, only valid in written form (e.g. reservation confirmation).
Hindrances to Arrival
5.7 Where the contracting party is unable to arrive at the site of the accommodation facilities due to unforeseen and unusual circumstances such as the consequences of a force majeure (e.g. extreme snowfall, flooding etc.) which make all means of arrival impossible, then the contracting party is not obliged to pay the agreed payment amount for the duration of the hindrances to arrival where the contracting party/guest has informed the accommodation provider of the impossibility of arrival prior to the planned journey. On the other hand, under these circumstances the accommodation provider is not bound to the contract for more than 24 hours, calculated from the agreed arrival day. After this period the accommodation provider is free to hire out the reserved room to other persons. Where it is already undoubtedly clear on the agreed arrival day that the contracting party will not be able to check in to the reserved room, then the accommodation provider is not bound to the 24 hour waiting period.
5.8 The duty to pay a fee for the reserved stay comes back into force once when it is again possible to travel, unless, in the meantime, the contracting parties have reached an alternative agreement.
6 Provision of Substitute Accommodation
6.1 The accommodation provider may provide the contracting party or the guest with appropriate substitute accommodation (of equal quality) where the contracting party deems this reasonable, especially where the difference is minimal and is factually justified.
6.2 A factual justification is given, for example, when the room (rooms) have become unusable, when a resident guest extends their stay, where there is an overbooking, or where other important operational measures require this.
6.3 Extra costs (if any) for the overnight stay in substitute accommodation will be assumed by the accommodation provider.
7 Rights of the Contracting Party / guests
7.1 The concluding of the accommodation contract gives the contracting party/guest the right to the normal use of the hired rooms, of the facilities of the accommodation institution which are available to guests for normal usage and without any special conditions, and to the usual services. The contracting party is obliged to exercise their rights to use in accordance with any hotel or guest guidelines (house rules).
8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed payment amount, including any additional charges resulting from the use of other services by themselves and/or their accompanying guests, and inclusive of any statutory sales tax, at the time of checking out at the latest.
8.2 The accommodation provider is not obliged to accept foreign currency. Where the accommodation provider accepts foreign currency, for reasons of expediency payment will by accepted in accordance with the daily exchange rate. Where the accommodation provider accepts foreign currency or cash-free payment, then the contracting party carries all the requisite costs ensuing such as enquiries to credit card companies, telegrams etc.
8.3 The contracting party/guest is liable for any losses suffered by the accommodation provider which are the result of contracting party or guest or other persons having accepted services offered by the accommodation provider with the knowledge or consent of the contracting party.
8.4. The contracting party/guest is obliged to treat the accommodation provider’s facilities with care.
8.5. The contracting party/guest is also obliged not to smoke in areas marked as No Smoking. Violations of this rule will be penalised with a contractual penalty of €100 in a standard room and up to €500 in a suite. The contractual penalty will be agreed and added to the room charge and covers the costs of the special cleaning services required to repair the damage.
9 Rights of the Accommodation Provider
9.1 Where the contracting party refuses to pay the specified payment amount or is in arrears, then the accommodation provider is entitled to the legal right of retention according to § 970c ABGB (Austrian Civil Code), and the right to withhold the guest’s belongings in lien according to § 1101 ABGB (Austrian Civil Code). This right to withhold and lien is also available to the accommodation provider in order to secure their claims for services relating to the accommodation contract, especially for catering, other expenses, performed on behalf of the contracting party, and for any possible compensation claims.
9.2. In case of default (9.1.), default interest at a rate of 10% will be calculated for the open payment amount and from the due payment date.
9.3 The contracting party will be informed by means of notices displayed in each accommodation facility of the times at which normal services are provided. The accommodation provider is entitled to charge higher prices for services provided outside normal hours of operation. Surcharges for room service are charged separately. The accommodation provider is also entitled to refuse to provide special services for commercial reasons.
9.4 The accommodation provider is entitled to charge or demand interim payment for their services at any time.
10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to an appropriate standard.
10.2 The accommodation provider has an obligation to display special services which are provided by the accommodation provider but which are not included in the accommodation payment, for example:
a) access to and use of facilities such as sauna, indoor swimming pool and garage etc.
b) one child up to the age of 16 may stay overnight in their parent’s double room free of charge; a reduced rate will be calculated for further children.
c) a reduced rate will be calculated for the provision of additional beds.
11 Liability of the Accommodation Provider for damages to objects handed-in by guests
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB (Austrian Civil Code) for objects handed-in by the contracting party. The accommodation provider is only deemed liable when the objects have been handed-in to the accommodation provider or to an employee of the accommodation provider or handed-in at one of the pre-determined places for this purpose. Where the accommodation provider fails to provide exonerating proof to the contrary, they are liable and assume liability for their own employees and persons entering and leaving the facilities. In accordance with § 970 ff.1 ABGB (Austrian Civil Code) the accommodation provider is liable for a maximum amount as stated in the Federal Law dated 16th November 1921 on the liability of proprietors and other commercial entrepreneurs in its current version. Where the contracting party or guest does not immediately follow the accommodation provider’s request to place their belongings in a particular storage location, then the accommodation provider is freed from liability of any kind. The maximum amount for which the accommodation provider is liable is limited by each accommodation provider’s general liability insurance limit. The liability of the contracting party or guest must also be taken into account.
11.2 The accommodation provider is not liable for slight negligence. Where the contracting party is a business, liability for gross negligence is excluded. In this instance the contracting party bears the burden of proof for the existence of blame. Under no circumstances will consequential loss or indirect damage or any loss of benefits be recompensed.
11.3 The accommodation provider is only liable to a current maximum of €550 for valuables, money and securities. The accommodation provider is only liable for damages over and above this amount where the accommodation provider has accepted these objects into his safekeeping in full knowledge of their value or where the damages were caused by him or one of his employees. Liability is limited in accordance with 11.1 and 11.2.
11.4 The accommodation provider is entitled to refuse to take into his custody valuables, money and securities if they are substantially more valuable objects than guests at the accommodation facility in question normally hand in for custody.
11.5 The accommodation provider may not under any circumstances be held liable for objects taken into his custody where the contracting party and/or guest does not immediately notify the accommodation provider after discovering the occurring loss. In addition, the contracting party or guest must have taken legal action within 6 months of discovering or potentially discovering the loss; otherwise their rights expire.
12 Keeping of Pets
12.1 Pets are only allowed into the accommodation facility with the prior agreement of the accommodation provider and for a special charge which is currently €15 per animal per day. This charge does not include pet food.
12.2 The contracting party/guest who brings a pet is obliged for the duration of their stay to care for and supervise their pet, or to have their pet cared for and supervised by suitable third parties at their own expense.
12.3 The contracting party/guest who brings a pet must have the necessary animal liability insurance or private liability insurance which will cover any damage which may be caused by the animal. Proof of coverage must be shown to the accommodation provider on demand.
12.4 The contracting party and their insurer respectively are jointly liable to the accommodation provider for damage caused by any animals brought onto the premises. The damage includes, in particular, all the accommodation provider’s indemnifications and liabilities towards third parties.
12.5 Pets are not allowed in the lounges, restaurants or spa and fitness areas.
13 Extension of the Accommodation
13.1 The contracting party has no automatic right to extend the accommodation contract. Where the contracting party notifies their wish to extend their accommodation contract in good time, then the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is not obliged to extend the contracting party’s accommodation contract.
14 Termination of the Accommodation Contract, Early Departure
14.1 If the accommodation contract was agreed for a specific period, it ends when this period has expired.
14.2 Where the contracting party departs prior to the agreed departure date, then the accommodation provider is entitled to demand the full payment amount. The accommodation provider will deduct the amount that he has saved as a result of the contracting party not making use of the services offered or what he has received as the result of hiring the reserved rooms to other contracting parties (own savings). Own savings will not be deducted from uncancellable charges.
14.3 Where the accommodation contract was agreed for a non-specific time, the contracting partners may cancel the contract at any time provided that they adhere to a cancellation period of 1 week.
14.4 The accommodation provider is entitled to dissolve the accommodation contract with immediate effect for important reasons, especially when the contracting party/guest:
a) Makes a considerable detrimental use of the premises or, through his inconsiderate, objectionable or otherwise inappropriate and uncouth behaviour towards the other guests, the owner, their employees or third parties living in the accommodation facilities, spoils the collective living experience, or is guilty of actions punishable under law against these persons, against the property, morality or physical safety;
b) Is overcome by a contagious disease or an illness which exceeds the accommodation duration or becomes in need of medical care;
c) Does not pay the submitted invoice when due within a reasonable time period (3 days); or
d) Insolvency proceedings are instituted against the property of the contracting party /guest or, in the absence of cost coverage, the opening thereof is dismissed.
14.6 When, due to an event which is beyond control (e.g. an act of God, strike, lock-out, official decree etc.), it is impossible to fullfil the contract then the accommodation provider may dissolve the accommodation contract at any time without being obliged to adhere to a cancellation period, where, according to law, the contract has not already been cancelled or the accommodation provider has not been released from his obligation to provide accommodation. Any claims to compensation etc. by the contracting party are excluded.
15 Illness or Death of a Guest
15.1 If a guest becomes ill during their stay in the accommodation facility, the accommodation provider will procure medical assistance where the guest requests them to do so. Where danger is imminent, the accommodation provider will procure medical assistance whether or not the guest has requested them to do so, especially in cases of medical emergency when the guest is not in the position to do so themselves.
15.2 For as long as the guest is unable to make their own decisions, or the guest’s relatives cannot be contacted, the accommodation provider will procure medical assistance at the guest’s expense. The extent of these measures ends, however, at the point at which the guest is able to make their own decisions or the relatives have been informed of the illness.
15.3 The accommodation provider is entitled to compensation from the contracting party or, in the case of their death, from their legal successor for the following costs:
a) Payment of all medical expenses, costs of patient transport, medication and nursing not settled by the guest,
b) Payment for any necessary room disinfecting,
c) Compensation for any linen, bed linen and bed fixtures and fittings that have become unusable, or for the disinfection or thorough cleaning of all these items,
d) Payment for any restoration of walls, fixtures and fittings, carpets etc., where these have been contaminated or damaged by the illness or fatality,
e) Compensation for the room hire where the rooms have been occupied by the guest, including extra days where the room is temporarily unusable as the result of disinfection, clearance or similar,
f) Payment for any other possible costs incurred by the accommodation provider.
16 Place of Fulfilment and Court of Jurisdiction
16.1 This contract is subject to Austrian procedural and substantive law to the exclusion of the regulations of international private law (especially IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sales of Goods.
16.2 The court of jurisdiction is agreed as Vienna, First District, in accordance with § 104 JN.
17.1 Where the above regulations do not otherwise specify, a time limit commences from the delivery of the written communication in which the time limit is stated. Time limits consisting of weeks or months take as their starting point the day of the week or of the month which is stated in the communication. Where this day is absent in that particular month, then it is the last day of the month which applies.
17.2 Declarations must each have been received by the other party to the contract by midnight on the last day of the time limit.
17.3 The accommodation provider is entitled to offset their own claims against claims brought by the contracting party. The contracting party is not entitled to offset their own claims against the claims of the accommodation provider unless the accommodation provider is insolvent or the claims of the contracting party have been established by the courts or are acknowledged by the accommodation provider.
17.4 Where this contract is found to contain omissions then the relevant legal provisions apply.