AGB

General Terms and Conditions of Vorderegger Developments GmbH and its Subsidiaries

Scope

These General Terms and Conditions (“GTC”) apply for all contracts for the rental of apartments and rooms (“Unit”) for accommodation that are formed between Vorderegger Developments GmbH or Das Salz GmbH (“DS”) and a guest (together referred to as “the Parties”) and for all other products and services of Vorderegger Developments GmbH (Contract for Accommodation), provided the Parties have not entered into a separate agreement.

 

The GTCs of the Guest shall not be recognised and shall apply only if the Parties have expressly agreed to this in advance.

1. Contract formation

1. The Contractual Parties are DS and the Guest. The Contract for Accommodation is formed when DS accepts an inquiry from the Guest. It is at DS's discretion to confirm the booking in text form (Textform).

2. If a third party placed the order for the customer, he or she shall be held liable by DS together with the customer as joint and severable debtors for all obligations resulting from the Contract for Accommodation, provided DS has a corresponding declaration to that effect from the third party. These General Terms and Conditions also apply to third parties.

3. Persons must be at least 18 years old to make a booking. Minors travelling alone are not entitled to stay overnight in a Unit.

2. Reservations

1. By making a reservation, the Guest offers to enter into a Contract for Accommodation. If the Unit booked is available, DS shall send the Guest a reservation confirmation. A Contract for Accommodation is formed between DS and the Guest on this acceptance of the Guest's reservation. Acceptance of the reservation does not entitle the Guest to particular Units unless this was expressly agreed in text form (Textform) in the Contract for Accommodation.

2. Offers made by DS relating to available Units are subject to confirmation and are non-binding. DS can decline to form a Contract for Accommodation at its own discretion.

3. There is no entitlement to make use of the accommodation service in a particular Unit. DS reserves the right to specify restrictions customary in the industry, such as minimum stays, booking guarantees and deposits for certain dates.

3. Cancellation periods

1. A reservation is guaranteed on receipt of the Guest's payment. The Guest can cancel a guaranteed reservation at no charge in accordance with the stated cancellation terms; the Guest must provide the reservation number. The customer's right to cancel a reservation is forfeited if the customer does not exercise his or her right to withdraw from the contract with respect to DS by the agreed deadline.

2. A reservation cannot be cancelled after expiry of the cancellation period, and DS retains its entitlement to the agreed remuneration – even if the contractual service is not used – less any expenses not incurred. This provision also applies if the Guest does not arrive (no shows) or if the Guest departs earlier than agreed. In the case of guaranteed reservations for more than one day, if the Guest no shows, all subsequent nights from and including the second night shall be cancelled, and the Guest is not entitled to the subsequent nights.

3. Simple reservations, in other words reservations that have not been guaranteed with a payment by the Guest, will be held until noon on the day of arrival. The reservation will automatically expire with no charge after noon. DS is entitled to rent the reserved Unit to another customer.

4. For simple reservations that are received after noon on the day of arrival, the Guest has one hour to make the payment in accordance with Section 5.

5. Unless otherwise agreed by DS and the Guest in the Contract for Accommodation, the Guest is able to cancel group bookings (five or more Units) up to eight weeks before the day of arrival. If the customer withdraws from the Contract for Accommodation up to four weeks before the day of arrival, DS is entitled to invoice 50% of all reserved services. If the customer withdraws from the Contract for Accommodation later than four weeks before the day of arrival, DS is entitled to invoice 100% of all reserved services.

4. Unit rates and other prices

1. The rates listed by DS at the time the Contract was formed apply. Rates are total gross prices and include all legal taxes, fees and charges. Local charges that the Guest owes under relevant local law, such as tourism tax (Kurtaxe), are not included and shall be billed separately. The tourism tax is EUR 1.70 for each overnight stay.

2. In the event that tax rates, fees or charges change or that taxes, fees or charges that were previously unknown to the Parties must be collected, DS reserves the right to adjust rates accordingly. Contracts with consumers are subject to Austria's Consumer Protection Act (Konsumentenschutzgesetz).

3. DS can make its approval of a subsequent reduction in the number of booked Units requested by the Guest, DS's performance or the duration of the Guest's stay dependent on DS's increasing the rate for the Units and/or price for other services.

5. Payment terms

1. The Guest shall always pay in advance the full price of the entire overnight service booked.

2. Set-off by the Guest is not permitted unless set-off relates to an undisputed or legally binding claim; or in the case of consumers, set-off is also permitted if the claim is legally connected to the Consumer's liabilities and in the event of the insolvency of the businessperson.

3. MasterCard, Visa Card, China Union Pay, Diners Club, Discover Card, PayPal, Apple Pay, Google Pay and Klarna are valid forms of payment. Payments can also be made by instant bank transfer. Cash payments will not be accepted.

4. DS reserves the right to charge the stored means of payment for outstanding amounts in conjunction with fees incurred after payment as a result of additional services used or violations of the General Terms and Conditions, in particular contractual penalties.

5. Invoices from DS with no due date shall be paid in full without undue delay on receipt of the invoice.

6. DS is entitled to declare accrued receivables due and require payment without delay. In the event of late payment, DS is entitled to charge interest for the delay, at a current rate of 9%, or in the case of legal transactions in which a consumer is involved, at 5% above the base interest rate. DS reserves the right to demonstrate higher damages.

7. If the Guest refuses to pay the fee stipulated or if the Guest is in arrears, DS is entitled to make use of the legal right to retention pursuant to Section 970c of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, "ABGB") and the legal right of lien pursuant to Section 1101 of the ABGB against items brought by the Guest. Further, DS is entitled to this right to retention or lien as security against its claims resulting from the Contract for Accommodation, in particular for board, other expenses made for DS and possible claims for compensation of any type.

6. Use of reserved Units

1. A reserved Unit shall be available to the Guest from 3:00 pm on the day of arrival until 10:00 am on the day of departure. The Guest is not entitled to earlier or later provision of the Unit within the meaning of the above.

2. Unless otherwise agreed, the keys and, if applicable, code cards provided must be returned to DS or a third party designated by the accommodation provider or, if agreed, left in the Unit, on the agreed day of departure. If a key or key card provided to the Guest is lost or not turned in on departure, the Guest shall be charged EUR 40.00. DS remains entitled to charge the Guest for compensation for any damages resulting from this if the amount exceeds EUR 40.00. This includes the cost of replacing the lock if necessary for security reasons.

3. Late check-out can be agreed with DS in advance on request and depending on availability. If DS agrees to a late check-out, DS is entitled to invoice EUR 10.00 per hour commenced for the additional use of the Unit. The full daily rate (per the DS website) shall be charged for departures later than 1:00 pm. There is no contractual entitlement to late check-out.

4. If a Guest does not vacate the Unit and make it available by 10:00 am, DS can charge 50% of the full daily rate (listed rate) due to the late vacation of the Unit for use of the Unit beyond the contractual duration until 1:00 pm; thereafter DS can charge 100%.

5. Early check-in can be agreed with DS in advance on request and depending on availability. If DS agrees to an early check-in, DS is entitled to invoice EUR 10.00 per hour commenced for the additional use of the Unit. There is no contractual entitlement to early check-in.

6. If the Guest does not arrive by 6:00 pm on the agreed arrival day, there is no obligation to accommodate the Guest unless a later arrival time was agreed.

7. Resale

1. The Guest is not permitted to resell, re-let and/or broker booked Units. In particular, Units and/or blocks of Units may not be brokered to third parties at higher rates than the actual Unit rates. In addition, claims against DS may not be transferred or sold. In such cases, DS is entitled to cancel the booking, in particular if the Guest made false statements about the type of booking or about payment during the transfer or sale to the third party.

2. Subletting the assigned Unit, use of the Unit for purposes other than accommodation or use of space outside the rented rooms for advertising, employment interviews, or sales events or similar events requires express advance approval from DS in text form (Textform). Section 1098 ABGB does not apply.

3. Use of the Unit for a purpose other than accommodation, in particular any commercial use by the Guest, is expressly prohibited.

8. DS's liability

1. If the contracting party is a consumer, the accommodation provider cannot be held liable for slight negligence, with the exception of personal injury. DS refers to and limits liability to consumers pursuant to Section 6 (1) Number 9 of Austria's Consumer Protection Act (Konsumentenschutzgesetz).

2. If the contracting party is a businessperson, the accommodation provider cannot be held liable for slight or gross negligence. In such cases, it is the responsibility of the contracting party to demonstrate fault. No compensation for consequential damage, immaterial damage, indirect damage or lost profits shall be provided. The damage to be reimbursed shall in any case be limited to the amount of the damage incurred through relying on the contract.

3. In the event of disruption to or defects in the services of DS, DS shall act to remedy such upon knowledge thereof or upon objection without undue delay by the Guest. The Guest shall undertake actions reasonable for him or her to eliminate the disruption and to keep any possible damage to a minimum. Moreover, the Guest shall inform DS in good time of the possibility of unusually high damage.

4. DS shall be liable for valuables, cash and securities up to an amount of EUR 550.00. DS shall be liable for any exceeding damage only in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. In this case, the limitations of liability pursuant to Clauses 1 and 2 of this paragraph shall apply.

5. DS can refuse to deposit valuables, cash and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodation provider.

6. Insofar as a parking space is provided to the Guest, this does not constitute a safekeeping agreement, even if a fee is exchanged. DS is not obligated to provide surveillance. DS shall be liable for the loss of or damage to vehicles or bicycles parked on the property or their contents only in the case of intent or gross negligence. The Guest shall report obvious damage without undue delay, in any case before exiting the parking facility. DS shall not be liable for damage for which solely other renters or other third parties are responsible.

7. All claims against DS are, as a general rule, subject to a limitation period of one year from the legal start of the limitation period. This provision does not apply with respect to consumers.

8. DS accepts no liability for lost property. Lost property shall be returned only on request, for the cost of the return plus a processing fee of EUR 10.00. The accommodation provider shall keep items for thirty days.

9. Items left behind by the Guest shall be forwarded at the Guest's request and at the Guest's risk and expense. DS shall keep the items for thirty days and shall charge an appropriate and customary fee based on the cost of safekeeping. Once the safekeeping period expires, the items will be transferred to a local lost property office if the items are of discernible value.

10. Section 1097 of the ABGB does not apply. DS shall not be liable for theft or damage to clothing or items brought by the customer or his or her companions.

11. DS accepts no responsibility or liability for damage to, theft of or loss of items stored or placed in luggage lockers or publicly accessible or communal areas.

9. Customer data

1. DS is required to collect the Guest's e-mail address and telephone number in order to ensure communication with the Guest. To check the Guest's identity, DS is entitled to require the following valid form of identification (identification card or passport for domestic guests; a passport for foreign guests) and valid credit card data at check-in.

2. If the identity of a Guest cannot be demonstrated without a doubt due to a lack of or incorrect documents, DS is entitled to cancel the booking.

3. To prevent fraudulent bookings, DS uses software solutions that use the details collected (e-mail address, residential address, telephone number, credit card, etc.) to calculate a fraud prevention score for each Guest and identify fraudulent bookings. If the software detects a fraudulent booking, DS reserves the right to cancel the booking.

4. We hereby advise you that the following public areas are under video surveillance, and notice of video surveillance is clearly posted in accordance with the GDPR: courtyard, cafe, night lounge, hallways, staircases and access to the hotel. A video camera is also placed at the check-in area in the lobby for facial recognition. The customer expressly agrees to surveillance by these cameras; recordings are kept for only 72 hours.

10. Termination of the Contract for Accommodation

1. The Guest can dissolve the Contract for Accommodation without incurring a cancellation fee by unilateral declaration no later than one month before the Guest's agreed arrival day.

2. DS is entitled to cancel the Contract for Accommodation for reasonable cause before the start of the journey or terminate the Contract for Accommodation after the start of the journey with immediate effect. Reasonable cause exists in particular if (i) force majeure or other circumstances for which DS is not responsible make it impossible to perform the Contract for Accommodation, (ii) Units are booked fraudulently using misleading or incorrect information or material facts are not disclosed; material facts can include but are not limited to the Guest's identity, ability to pay, or purpose of the stay, (iii) DS has cause to believe that the use of its services could impede its business operations or jeopardise its security or public image where cause is not attributable to the domain or organisation of DS; (iv) the purpose or occasion for the stay is against the law, or (v) in the event of reselling, re-letting and/or brokering (see Section 7). (vi) Further, reasonable cause exists if the Guest otherwise violates the General Terms and Conditions.

3. Further, DS is entitled to withdraw from the Contract for Accommodation itself if agreed in text form (Textform) that the Guest can withdraw from the Contract for Accommodation at no charge by a specific deadline.

4. DS shall inform the Guest without undue delay if it exercises its right to terminate the Contract.

5. If DS terminates the Contract due to circumstances for which the Guest is responsible or for cause pursuant to Clause 1 above, DS is entitled to cancel or decline the Guest's future bookings, even if these have already been confirmed by DS.

6. In the case of justified termination by DS, the Guest is not entitled to claims for damages.

11. Replacement accommodations

1. DS can make an appropriate replacement accommodation (of the same quality) available, if this is reasonable to the Guest, in particular when the difference is negligible and there is objective justification. Objective justification exists, for example, if the room or rooms has or have become unusable, if guests already staying in the room or rooms extend their stay, in the event of an overbooking, or if other important operational measures require this step. DS shall cover any additional expenses for the replacement accommodations.

12. Vouchers

1. Vouchers purchased from DS can be redeemed only for services provided by DS. Any balance left on a voucher used to make payments shall remain available and can be used for other bookings. Vouchers cannot be returned, resold or transferred, or redeemed for cash. The person who orders the voucher is responsible for providing accurate details (in particular the e-mail address) to which the voucher and the invoice are to be sent.

2. Cancellation policy: Declarations of intent regarding vouchers can be revoked without the need to give a reason within 14 days by any method (letter, fax, e-mail) or, if the voucher is issued before expiry of this time limit, by returning the voucher. The time limit begins after receipt of this notification in text form (Textform), however not before receipt of the voucher by the recipient. Timely dispatch of the cancellation notice or voucher is sufficient to comply with this cancellation time limit. Notification of cancellation must be sent to Vorderegger Developments GmbH, subject line: Gutschein; by e-mail: welcome@dassalz.com.

13. No smoking in the Unit

1. The Units are non-smoking Units. Smoking is not permitted in communal areas or in Guest Units, including on balconies and/or terraces.

2. Violation of our general non-smoking policy constitutes use that is in breach of contract, and DS shall charge a penalty in the amount of EUR 150.00. DS expressly reserves the right to claim damages in excess of this amount due to higher cleaning costs and potential lost revenues due to a resulting inability to let the Unit.

3. Interconnected smoke detectors are installed in the building, which are connected directly to the fire brigade control centre (fire alarm system). In the event of intentional or negligent activation of the fire alarm system (for example due to a violation of the no-smoking policy), the Guest shall be liable to the full extent, but for no less than the costs actually incurred (for example, the cost of the fire brigade response).

14. No parties in the Unit

1. As a general rule, Guests should refrain from making noise in common areas and on the surrounding premises. Guests shall comply with quiet hours from 10 pm to 6 am.

2. Parties are not permitted in the Units.

3. Violation of the quiet hours and the holding of parties constitute use that is in breach of contract, and DS shall charge a penalty in the amount of EUR 250.00. DS expressly reserves the right to claim damages in excess of this amount due to higher cleaning costs and potential lost revenues due to a resulting inability to let the Unit.

15. Damage or theft

1. The Guest shall treat the Unit with care and in particular shall avoid heavy soiling. If any soiling beyond what is caused by normal use is present during the Guest's stay or after the Guest's departure, DS is entitled to charge the Guest an additional cleaning fee in the amount of no less than EUR 50.00 (depending on the condition of the Unit).

2. In the event of damage that goes beyond normal use or in the event of theft, DS is entitled to charge the Guest for the damage plus separate expenses to remedy the damage, including any lost revenues due to a resulting inability to let the Unit. Even slight negligence justifies the customer's liability for damages.

3. The same applies for damage caused by third parties insofar as they spend time on DS premises at the customer's instigation.

4. Intentional damage to inventory, furniture or the Unit itself constitutes use that is in breach of contract, and DS shall charge a penalty in the amount of EUR 150.00 for each occurrence of damage. The same applies for removing inventory or furniture or tampering with technical equipment, in particular smoke detectors.

16. Pets

1. Pets are not permitted. Exceptions are made for guide dogs, hearing dogs and other comparable service dogs. Service dogs are allowed at all times and at no charge, with the proper identification. DS is entitled to make additional exceptions to the above policy. The Guest is not entitled to such exceptions.

2. If a pet is brought into a Unit without approval, DS shall invoice a flat rate of EUR 150.00 as a special cleaning fee.

17. Maintenance

1. The Guest shall treat the assigned Unit, furnishings as well as spaces, furnishings and facilities intended for communal use with care and consideration and ensure that there is proper ventilation and heating.

2. Further, the Guest shall, when occupying the Unit, check whether the furnishings are present and usable and shall notify the accommodation provider of any complaints without undue delay.

3. The Guest is liable for any and all damage to the assigned Unit, furnishings, and spaces, furnishings and facilities that he or she or his or her guests cause as a result of negligent use in breach of contract and that cannot be attributed to normal wear and tear. The Guest shall notify DS without undue delay of any and all damage to the assigned Unit.

4. The Unit shall be cleaned by DS on a regular basis. The Guest shall grant access to the Unit to the service provider hired by DS to clean the Unit.

18. Group bookings, block contracts and event times

1. Special payment and cancellation terms apply for group bookings of more than five Units and block contracts; these terms are specified in the relevant contract.

2. Different cancellation deadlines apply for bookings during events and trade fairs. These deadlines will be provided during the booking process and on the booking confirmation.

19. Internet use

1. DS provides internet access to the Guest within the limits of current technical and operational possibilities. Interruptions, for example due to force majeure, maintenance or the like, cannot be ruled out.

2. The Guest shall not misuse the internet connection. The following cases in particular constitute misuse: Downloading and distributing copyrighted content using peer-to-peer sharing platforms, illegal streaming services, or posting, opening or sharing illegal content (in particular pursuant to Sections 118a, 119, 119a, 120, 120 a et seq. and 126c et seq. of the Austrian Criminal Code [Strafgesetzbuch, "StGB"]). The Guest shall respect the copyrights, patent rights, naming rights, labelling rights and personal rights of third parties when using the internet. At DS's first request, the Guest shall release DS of all claims, including claims for damages, of third parties and from the cost of an appropriate legal defence caused by illegal use of the internet connection on the part of the Guest or on the part of a third party caused with the knowledge of the Guest. This right to an exemption covers in particular claims resulting from violation of copyrights, patent rights, naming rights, labelling rights and personal rights and violations of privacy law.

3. The Guest is not permitted to share the login details for the internet connection with third parties. If the Guest violates this provision, the Guest shall be responsible for any and all claims against DS resulting from the sharing of the login details.

4. Further, DS reserves the right to deny the Guest access to the internet connection in the event of a legal violation.

20. Privacy

DS's privacy policy can be found at https://www.dassalz.com/de/privacy.

21. Final provisions

1. Amendments or supplements to and termination of the Contract for Accommodation, the acceptance of the customer's inquiry or these General Terms and Conditions shall be made in writing. This provision also applies to the removal of the clause requiring the written form. Unilateral amendments or supplements made by the Guest are of no effect.

2. The place of performance and payment is the registered office of the accommodation provider.

3. The exclusive place of jurisdiction for claims resulting from this Contract is 5020 Salzburg, with the exception of suits against consumers, in which case the court with subject matter and local jurisdiction for the domicile or usual place of residence of the consumer shall have jurisdiction.

4. Austrian law applies, to the exclusion of UN Sales Convention provisions and international private law.

5. If individual provisions of these General Terms and Conditions are found to be or become invalid or void, the remaining provisions shall remain unaffected. In all other respects, the legal provisions apply.

6. The accommodation provider is neither willing nor required to participate in dispute resolution before a consumer arbitration board.

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