§ 1 scope
§ 2 Definition of Terms
§ 3 Conclusion of the contract – deposit
§ 4 Beginning and end of the accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the contract partner
§ 8 Obligations of the contract partner
§ 9 rights of the accommodation provider
§ 10 Obligations of the Proprietor
§ 11 Liability of the accommodation provider for damage to property brought in
§ 12 Limitations of Liability
§ 13 keeping of animals
§ 14 Extension of the accommodation
§ 15 Termination of the Accommodation Agreement
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Other provisions

§ 1 scope
1.1 These general terms and conditions apply to the rental as well as all other services provided for the guest in the “Landhaus Enzian” holiday home.

§ 2 Definition of Terms
(1) Contractual partners are the “Landhaus Enzian” hereinafter referred to as the landlord or accommodation provider and the guest or contractual partner. If a third party makes the booking for the guest, he is liable to the landlord as the customer together with the guest as joint debtor for all obligations under the contract. In case of doubt, the customer is liable, even if he has ordered or has ordered for other named persons. Regardless of this, every customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
(2) Persons using the accommodation are guests within the meaning of the contractual conditions.

§ 3 Conclusion of the contract, down payment
3.1 The accommodation contract comes into existence when the accommodation provider accepts the order of the contractual partner.
3.2 The cost of the money transaction (e.g. transfer fees) is borne by the contract partner. The respective conditions of the card company apply to credit and debit cards.

§ 4 Beginning and end of the accommodation
4.1 The contractual partner has the right, if the accommodation provider does not have any other reference time offers to move into the rented rooms from 2:00 p.m. on the agreed day (“arrival day”).
4.2 The rented rooms must be vacated by the contractual partner by 10:00 a.m. on the day of departure. The accommodation provider (landlord) is entitled to invoice an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the accommodation contract – cancellation fee Resignation by the accommodation provider
5.1 If the guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time
5.2 An extension of the guest’s stay requires the consent of the accommodation provider (landlord). Withdrawal by the contractual partner – cancellation fee
5.3 In the event that a guest withdraws from the booking, the landlord is entitled to appropriate compensation.
5.4 The accommodation provider has the option of claiming a flat-rate cancellation fee from the guest instead of a specifically calculated compensation. – no cancellation fees up to 30 days before the day of arrival; – within 30 days before the day of arrival 50% of the total price; – In the event of no-show, the entire amount will be charged. Disabilities of arrival
5.5 If the contractual partner cannot appear at the accommodation facility on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.6 The obligation to pay the fee for the booked stay is revived from the time of arrival if arrival is possible again within three days.

§ 6 Services, Prices and Payment
6.1 The guest is obliged to pay the applicable or agreed prices of the landlord for the room provided and the other services used by him. This also applies to services and expenses of the lessor towards third parties initiated by the guest or the customer.
6.2 The prices can be changed by the landlord if the guest subsequently requests changes to the landlord’s services or the length of stay of the guests, and the landlord agrees to this.
6.3 The guest is obliged to pay the applicable or agreed prices of the landlord for the provision of rooms and the other services used by him.

§ 7 rights of the contractual partner (guest)
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are normally accessible to guests for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and / or guest guidelines (house rules).

§ 8 obligations of the contractual partner (guest)
8.1 The accommodation provider is not obliged to accept foreign currencies. Acceptance If the accommodation provider uses foreign currencies, these will be accepted as part of payment at the current rate, if possible. Should the accommodation provider accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.2 The contractual partner is liable to the accommodation provider for any damage that he or the guest or other persons who, with the knowledge or will of the contracting party, partners accept services from the accommodation provider, cause.

§ 9 rights of the accommodation provider
9.1 By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are usually accessible to the guests for use without special conditions, and to the usual service.
9.2 The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

§ 10 Obligations of the accommodation provider (landlord)
10.1 Before using electrical devices that guests bring with them and that are not part of the usual travel needs, the consent of the landlord must be obtained. 10.2 The provisions of the law on damages apply to damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third party through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to compensation to use the landlord directly.

§ 11 Liability of the accommodation provider for damage to property brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the brought things. The accommodation provider is only liable if the items have been handed over to the accommodation provider or to people authorized by the accommodation provider or have been brought to a location designated by them or designated for this purpose. If the accommodation provider does not succeed in providing evidence, the accommodation provider is liable for its own fault or the fault of its people as well as the incoming and outgoing people. The accommodation provider is liable in accordance with Section 970, Paragraph 1 of the Austrian Civil Code up to the amount stipulated in the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the currently applicable version. If the contractual partner or the guest does not immediately comply with the accommodation provider’s request to deposit their items in a special storage location, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider is not liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contract partner bears the burden of proof for the existence of the fault. Consequential or indirect damage as well as lost profits will not be replaced under any circumstances.
11.3 The Proprietor is only liable for valuables, money and securities up to the current amount of € 550.00. The accommodation provider is only liable for any further damage in the event that he has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The custody of valuables, money and securities can be ger refuse if it is a matter of much more valuable items than guests of the respective accommodation establishment usually keep for safekeeping.
11.5 In any case of assumed storage, liability is excluded if the contractual partner and / or guest does not notify the accommodation provider immediately of the damage that has occurred. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is no longer valid.

§ 12 Limitations of Liability
12.1 If the contractual partner is a consumer, the accommodation provider will be liable for Slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider is not liable for slight and gross negligence. In this case the contract partner bears the burden of proof for the existence of the fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. In any case, the damage to be compensated finds its limit in the amount of the interest in trust.

§ 13 keeping of animals
13.1 Animals are only allowed with the prior consent of the accommodation provider and if necessary be brought to the accommodation facility for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.
13.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider.
13.4 The contractual partner or his insurer are jointly and severally liable to the accommodation provider for the damage caused by animals brought along. The damage also includes, in particular, those compensation services by the accommodation provider that the accommodation provider has to provide to third parties.
13.5 Animals are not allowed in the sauna or in the relaxation room (common rooms).

§ 14 Extension of the accommodation
14.1 The contractual partner has no right to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is not obliged to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) have blocked all departure options or cannot be used, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this time is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the off-season.

§ 15 Termination of the Accommodation Agreement
15.1 If the accommodation contract was concluded for a specific period, it ends when the time expires.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of not using his range of services or what he has received by renting the ordered rooms to other parties. There is only a saving if the accommodation establishment is fully utilized at the time of non-use of the rooms ordered by the guest and the rooms can be rented to other guests due to the cancellation of the contract partner. The contractual partner bears the burden of proof of the savings.
15.3 The contract with the accommodation provider ends with the death of a guest.
15.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for an important reason, in particular if the contractual partner or the guest a) makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, spoils the other guests, the owner, his people or the third parties living in the accommodation facility from living together or acts against these people with a punishable offense guilty of property, morality or physical safety; b) is attacked by an infectious disease or an illness that goes beyond the duration of the accommodation or otherwise requires care;
15.5 If the fulfillment of the contract becomes impossible due to an event considered to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already terminated by law , or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.

§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay in the accommodation facility, the accommodation provider will provide medical care at the guest’s request. If there is imminent danger, the accommodation provider will arrange for medical care even without the guest’s special request, especially if this is necessary and the guest is unable to do so himself.
16.2 As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. The scope of these care measures ends at the point in time at which the guest can make decisions or the relatives have been notified of the illness.

§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) as well as UN sales law.
17.3 In bilateral business transactions, the exclusive place of jurisdiction is the domicile of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and factually competent court.
17.4 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his place of residence or habitual abode in Austria, lawsuits against the consumer can only be brought at the consumer’s place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was made with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is local and factual for the consumer’s place of residence for lawsuits against the consumer competent court has exclusive jurisdiction.

§ 18 Other provisions
18.1 The prices quoted are per holiday apartment and day, including all taxes and duties, plus visitor’s tax and final cleaning.
18.2 The minimum stay in the “Landhaus Enzian” is 2 nights.
18.3 Free WiFi is available in the entire “Landhaus Enzian”.
18.4 Our house is a non-smoking apartment block. It is therefore only possible to smoke in the outside areas (balcony, loggia, terrace).