General Terms and Conditions

Version from 31.03.2020

Table of contents

I. Preamble

II Conclusion of contract

III Remuneration, payment

IV. Delay

V. Offsetting

VI Arrival and departure

VII Animal husbandry

VIII Withdrawal of the Guest, Cancellation, No Show.

IX. Withdrawal by the hotel, premature termination of the contract by the hotel

X. Liability of the guest

XI. Right of retention and statutory lien

XII. Liability of the hotel for damage to property brought into the hotel

XIII Limitations of liability

XIV Place of performance, choice of law, place of jurisdiction, severability clause

I. Preamble

These General Terms and Conditions replace all previously valid General Terms and Conditions from the time of their applicability on March 31, 2020 and apply to all accommodation contracts concluded from April 1, 2020. They cannot replace our deviating provisions, even if they are contained in the General Terms and Conditions of the guest or the contractual partner, unless they are expressly recognized in writing. The hotel expressly objects to any general terms and conditions of the guest or contractual partner. No further objection by the hotel to the general terms and conditions of the guest or contractual partner is required.

Individual agreements expressly made in writing that deviate from these General Terms and Conditions shall take precedence over these General Terms and Conditions in the respective deviating areas. In all other respects, these General Terms and Conditions also apply to individual agreements, unless their partial or complete exclusion has been expressly agreed in writing.
These General Terms and Conditions apply exclusively to legal transactions relating to accommodation services, but not to the purchase of vouchers. The General Terms and Conditions for the sale of vouchers can be found here.
These General Terms and Conditions expressly do not apply to liability under data protection law. You can find our privacy policy at www.hotel-victoriya/datenschutz. For further questions or information on the subject of data protection, please send an e-mail to info@hotel-victoriya or a letter to kap1 Hotel GmbH, Hungerbergstrasse 20, 1190 Vienna.

II Conclusion of contract

The accommodation contract (hereinafter referred to as the "Contract") is concluded when the Hotel sends the booking confirmation following the Guest's booking request.
The contractual partners are the Hotel and the Guest. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the ordering party. Irrespective of this, each customer is obliged to pass on all information relevant to the booking, in particular these General Terms and Conditions, to the guest.
The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
By concluding a contract, the guest acquires the right to the usual use of the booked rooms and those facilities of the hotel which are publicly accessible to guests for use without special conditions, in the usual manner. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).

III Remuneration, payment

The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.
The guest is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses incurred by the hotel vis-à-vis third parties at the request of the guest or the customer.
The agreed prices include the applicable statutory value-added tax. The hotel is not obliged to accept foreign currencies.
The prices may be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the room category, the hotel's services or the duration of the guest's stay, and the hotel agrees to this.
Special services of the hotel that are subject to a special charge and are not included in the accommodation charge are listed by way of example:

5.1 Special accommodation services that may be invoiced separately, such as the provision of seminar rooms, use of sauna, garage, rental equipment, etc.
5.2 A reduced price will be charged for the provision of additional beds or cribs.

The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing.
The hotel is entitled to demand immediate payment of accounts receivable accrued during the guest's stay at the hotel at any time by means of an interim invoice.

IV. Delay

Invoices issued directly by the hotel are due immediately upon receipt and payable without deduction.
The guest is in default if

1.1. invoices submitted directly are not paid upon receipt without deduction,

1.2. invoices of the hotel are not paid within 14 days of receipt of an invoice (by e-mail, fax, post) or

1.3. the payment was not made on time in the event of an express written agreement deviating from 1.1. and 1.2.

In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 4%. The hotel reserves the right to claim higher damages from the consumer. For each reminder after the occurrence of default, the hotel is entitled to charge the consumer a reminder fee in the amount of the actual costs incurred.
In business transactions with entrepreneurs, the default interest rate is 9.2% above the prime rate. The hotel reserves the right to claim higher damages from the entrepreneur. For each reminder after the occurrence of default, the hotel is entitled to demand a reminder fee of at least € 40.00 or the actual costs incurred.

V. Offsetting

The right of set-off is excluded for the consumer, unless

1.1 the hotel becomes insolvent,

1.2. it is a counterclaim of the consumer that is legally related to his liability,

1.3. there is a legally binding court judgment on the consumer's counterclaim, or

1.4. the hotel has expressly acknowledged the counterclaim in writing.

The right of set-off is excluded for entrepreneurs.

VI Arrival and departure

The guest does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing.
The hotel is entitled to provide the guest with adequate alternative accommodation of the same quality if this is reasonable for the guest, especially if the deviation is minor and objectively justified. An objective justification exists, for example, if the room has become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step. Any additional expenses for the replacement accommodation shall be borne by the hotel.
Booked rooms are available to the guest from 15:00 on the agreed day of arrival. The guest is not entitled to earlier availability.
If a room is occupied for the first time before 6 a.m., the previous night counts as the first overnight stay and the guest will be charged accordingly.
Unless a later arrival time has been expressly agreed, booked rooms must be occupied by the guest by 6 p.m. at the latest on the agreed day of arrival, otherwise the hotel is not obliged to provide accommodation.
Unless a later arrival time has been expressly agreed, the hotel is entitled to allocate booked rooms to other guests after 6 p.m.. In this respect, the hotel has a right of withdrawal (point IX. 3.5.). In this context, the Guest shall have no claims for compensation.
On the agreed day of departure, the rooms must be vacated and handed over to the Hotel by 10:00 a.m. at the latest. After this time, the hotel may charge the guest the full accommodation price in addition to the resulting damage.
If the guest is unable to arrive at the hotel on the day of arrival due to unforeseeable extraordinary events (e.g. extreme snowfall, flooding, etc.), all means of arrival are blocked.The guest is not obliged to pay the agreed remuneration for the days on which arrival is impossible.
The obligation to pay the remuneration for the booked stay is reinstated from the date of arrival if arrival is possible again within three days.
If the guest departs early, the hotel is entitled to demand the full agreed remuneration. However, the hotel will deduct the savings from the non-utilization as well as the acquisition by renting the rooms elsewhere. Savings shall only be deemed to have been made if the hotel is fully booked at the time the rooms ordered by the guest are not utilized and the rooms can be allocated to other guests due to the guest's cancellation.

VII Animal husbandry

Animals may only be brought into the hotel with the prior consent of the hotel and, if necessary, for a special fee.
The guest who brings an animal with him is obliged to keep and supervise this animal properly during his stay or to have it kept and supervised by suitable third parties at his own expense.
The guest must have appropriate animal liability insurance or personal liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided upon request by the hotel.
The guest is liable to the hotel for any damage caused by animals brought along. The damage also includes, in particular, any compensation that the hotel is required to pay to third parties.
Animals are not permitted in public areas, restaurant rooms and wellness areas.

VIII Withdrawal of the Guest, Cancellation, No Show

Pursuant to § 18 para. 1 no. 10 FAGG, there is no right of withdrawal under the FAGG for distance selling transactions for accommodation services.
However, the hotel grants the guest a right of withdrawal under the following conditions:

2.1 Up to 3 months before the agreed arrival date of the guest at the latest, the contract can be canceled by unilateral declaration of the guest without payment of a cancellation fee, with the exception of bookings with non-cancellable prices.

2.2 Outside the period specified in point 2.1, withdrawal by unilateral declaration by the guest is only possible subject to payment of the following cancellation fees:

2.2.1. 29 to 15 days before the date of arrival 30 % of the total price;

2.2.2. 14 to 7 days before the day of arrival 60 % of the total price;

2.2.3 From 6 days before the day of arrival 80% of the total price.

Unless other guidelines are communicated in booking confirmations or offers.

If the guest cancels within the last week before the date of arrival (point 2.2.3), the hotel reserves the right to calculate the amount of compensation specifically and to charge the guest for it. If the hotel calculates the compensation specifically, the amount of compensation is limited to a maximum of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.

The provisions of Section 2.2.3 on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without notifying the hotel in good time (no show).
If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel shall not be entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is the receipt of the written declaration of withdrawal by the hotel.

IX. Withdrawal by the hotel, premature termination of the contract by the hotel

The contract may be rescinded by the hotel for objectively justified reasons up to 3 months before the agreed date of arrival of the guest at the latest, unless expressly agreed otherwise in writing, by means of a unilateral declaration by the hotel.
The hotel is entitled to rescind the contract if an advance payment or security deposit agreed in accordance with point III. 5. is not made within the set period.
Furthermore, the hotel is entitled to rescind the contract for good cause. Good cause shall be deemed to exist in particular if

3.1. rooms are booked under misleading or false statements of material facts, e.g. regarding the person of the guest, false means of payment, stolen means of payment, unpaid deposits or the purpose;

3.2. the guest makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, spoils the stay of the other guests, the owner, his staff or third parties staying at the hotel or is guilty of an act against property, physical integrity or morality towards these persons that is punishable by law,

3.3. the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of influence;

3.4. there is an unauthorized subletting or re-letting in accordance with point II. 3;

3.5. there is a failure to appear on time in accordance with point VI. 5;

3.6. the financial circumstances of the guest deteriorate significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel, suspends payments or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk and the termination of the contract is essential to avert serious personal or economic disadvantages for the hotel;

3.7. insolvency or reorganization proceedings or out-of-court debt settlement proceedings have been initiated against the guest's assets and the termination of the contract is essential to prevent serious personal or economic disadvantages for the hotel;

3.8. the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the hotel may terminate the contract at any time without observing a notice period, unless the contract is already deemed terminated by law or the hotel is released from its obligation to provide accommodation. Any claims for damages by the guest as well as other compensation obligations of the hotel are excluded.

The hotel must inform the guest immediately in writing of the exercise of his right of withdrawal and the termination of the contract.
Further statutory rights of withdrawal are not affected by the above provisions.

X. Liability of the guest

The guest is liable to the hotel for any damage caused by the guest or other persons who make use of the hotel's rooms or services with the guest's knowledge or will.

XI. Right of retention and statutory lien

If the guest refuses to pay the agreed remuneration or is in arrears with it, the hotel shall be entitled to the statutory right of retention pursuant to § 970c ABGB and the statutory right of lien pursuant to § 1101 ABGB to the items brought in by the contractual partner or the guest. The hotel shall also be entitled to this right of retention or lien to secure its claims arising from the contract, in particular for catering, other expenses incurred on behalf of the contract partner or guest and for compensation claims of any kind.

XII. Liability of the hotel for damage to property brought into the hotel

The hotel is liable in accordance with §§ 970 ff ABGB for items brought in by the guest.
The liability of the hotel in accordance with § 970 para. 1 ABGB is limited to the amount stipulated in the Federal Law of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended. Liability for valuables, money and securities is limited to an amount of currently € 550.00 in accordance with § 970 a ABGB. In any case, however, the amount of any liability of the hotel is limited to a maximum of the hotel's liability insurance sum. Any fault on the part of the contractual partner or guest must be taken into account.
The hotel may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually placed in safekeeping by guests of the accommodation establishment in question.
If the contractual partner or the guest does not immediately comply with the hotel's request to deposit their items in a special storage location, the hotel is released from any liability.
The hotel's liability for slight negligence is excluded.
If the contractual partner is an entrepreneur, liability for gross negligence is also excluded in addition to point XI. 5. In this case, the contractual partner or guest shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.
The hotel shall not be liable if the contract partner and/or guest does not notify the hotel immediately of the damage that has occurred.

XIII Limitations of liability

If the contractual partner is a consumer, liability of the hotel and its employees, contractors or other vicarious agents ("people") for property damage or financial loss of the guest or contractual partner is excluded in cases of slight negligence, regardless of whether it concerns direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. Insofar as the liability of the hotel is excluded or limited, this also applies to the personal liability of its "people".
If the guest or contractual partner is an entrepreneur, liability of the hotel and that of its employees, contractors or other vicarious agents ("people") for property damage or financial loss of the guest or contractual partner is excluded in cases of slight negligence, irrespective of whether the guest or contractual partner has acted negligently or not. The Hotel shall not be liable for direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The guest or contractual partner must prove the existence of gross negligence. The guest or contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated.
If the guest or contractual partner is an entrepreneur, the application of § 934 ABGB (reduction by half) at the expense of the guest or contractual partner is excluded.
If the guest or contractual partner is an entrepreneur, his claims for damages shall expire six months after knowledge of the damage; in any case, however, after three years from the hotel's act of infringement.
If the guest or contractual partner is an entrepreneur, he shall not be entitled to withhold payments due to defects under warranty law. The presumption rule of § 924 ABGB is excluded.
Data protection claims are expressly not covered by the above liability provisions.

XIV Place of performance, choice of law, place of jurisdiction, severability clause

The place of fulfillment and place of performance is the place where the hotel is located.
This contract is subject to Austrian formal and substantive law, excluding the rules of private international law and its conflict of law rules as well as the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction in bilateral business transactions is the registered office of the hotel operating company, whereby the hotel is also entitled to assert its rights at any other court with local and subject-matter jurisdiction.
In the case of contracts with consumers who have their domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.
In the case of contracts with consumers who are domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.
In the case of contracts with consumers who are not domiciled in a state referred to in point XIV. 4. or 5. or have moved abroad after these General Terms and Conditions have come into effect, or whose domicile or usual place of residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the hotel operating company.
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic purpose of the invalid or unenforceable provision.