zur Homepage der Neuen Post Das Time-Share-Hotel

General use conditions for using rights of residence at Hotel Neue Post
createt by HNPGmbH.
not official
translation
Version 01/2005

Begriffsbestimmung:

HNP Hotel Neue Post
HNP-GmbH Hotel Neue Post Erwerbs- und BetriebsgmbH,
Owner of the HNP
Beirat: Governing body satisfying society
Gesellschafter Quiet partner of the HNP GmbH
Ordentliche Gesellschafter also club members mentioned; Partner, who fulfilled all editions, in particular the punctual payment of the operating cost, up to an exactly defined deadline (normally 320 days before the practice that of living utilizable right or the order over this).
maintainance costs The full maintainance costs: inclusive personal, heater, current and water costs, annual management fees and maintaining costs.

The available general use conditions (ANB) apply in each case in the current version. The ANB is prepared by the management of the HNP GmbH and kept current. The valid in each case version is submitted to the quiet partners of the HNP GmbH at the annual general assembly for investigation.

 

  1. Rights of Residence
    1.1. A Rights OF Residence is the right, an available hotel apartment of a certain category in a certain, with a week number designated week of each yearly after the available general use conditions of the HNP GmbH (ANB) to inhabit or inhabit let, in the long term the existence of the quiet society.
    1.2. This week number results from the HNP Wochenkalender attached as plant to this statute. It agrees not necessarily with the calendar week number. Can be acquired several living utilizable right.
    1.3. The category and the week number of the living utilizable rights are defined in the application form of the HNP GmbH to kind and extent.
    1.4. The living utilizable right results from the quiet participation in the HNP GmbH. It is indivisibly connected with the quiet participation in the HNP GmbH
    1.5. A living utilizable right can be exercised only undivided ones by a natural or legal entity.
    1.6. Only partners of the HNP GmbH are owners of living utilizable rights in the hotel new post office.
    1.7. Only tidy partners have the exclusive right of disposal over the living utilizable rights, in particular also the right, this too used to let use to letting or through third free of charge. A commercial use, as well as a Verpfändung are not permitted.
    1.8. The HNP has contracts with international exchange pools those the exchange of rights of residence on different Rechtsbasen to make possible. , Which are connected with it, not the HNP GmbH, but the respective club member owes the costs, in particular club membership dues and the exchange fees. The HNP GmbH can change the exchange pool, if this appears necessary or appropriate.
    1.9. The use of a living utilizable right presupposes the complete payment of the operating and additional expenses.
    1.10 a commercial use (commercial subletting, Untervermietung) of living utilizable rights are impossible.
  2. Rightsof the tidy partners
    The rights of the tidy partners it are in particular:
    2.1. The legally unimpaired use of the living utilizable rights; in particular also the right, this privately to letting to let use or through third free of charge. A commercial use, as well as a Verpfändung are not permitted.
    2.2. To deposit the living utilizable rights for several years internally
    2.3. To participate in the HNP Punktesystem
    2.4. The living utilizable rights in an international exchange pool, which has a valid contract with the HNP GmbH to deposit. For this the legal regulations of the respective exchange pool apply
    2.5. Auxiliary times use (partner weeks)
    A partner has the right, for in each case his own week, up to revocation the additional free premises of the HNP, until maximally one week per living utilizable right to use against payment of the respective operating cost personally. This use presupposes the presence of free capacities. If no free capacities should be available more, this right expires automatically. The dispatching of free capacities takes place via the HNP GmbH.
    2.6. The choice of an adviser member in the general assembly
  3. Obligations of the partners
    3.1. The adherence to the available ANB
    3.2. The punctual payment of the operating cost.
    Presupposed themselves the practice of all rights to use resulting from the participation the punctual and complete payment, of the complete operating cost resulted in from the participation, inclusive of possible interest, expenses and special item.
  4. Exclusion of the right of residence
    4.1. The living utilizable right of the respective yearly purges to favor of the HNP GmbH, if the partner with the payment of the operating cost comes more than two months after maturity into delay, the demand remains upright.
    4.2. The entire living utilizable right purges, if the sum of the accumulated operating cost, inclusive interest, expenses and other itself expenditures resulting in from which exceed height of the nominal value of the application form. The pending operating cost is against-counted against the participation capital.
    4.3. The living utilizable right purges, if the living utilizable right to-ton-triumphs behavior to the remaining partners by the inconsiderate and, by a substantial unfavorable use or by repeated injury of the ANB and the house regulation any longer be zugemutet cannot. This applies in particular also, if this unfavorable behavior is furnished of by the partner entitled persons. By the right of residence of impossible partners remains liable to pay damages for the damage resulted from this behavior.
    4.4. Excluding takes place via resolution of the management of the HNP GmbH. Against excluding the partner can insert objection within one period of one month. The period begins 3 days after sending off of the excluding resolution to the last well-known address of the club member. The objection does not have dilatory effect, protecting the Einspruchsverfahrens rests the rights of the partner.
    4.5. From the exclusion of the residential use right no requirement for compensation or a requirement results to the partner on one spare week.
  5. Internal Deponierung
    5.1. Internal Deponierung is the possibility tidy partners, its living utilizable rights to another to use than in the application form designated period.
    5.2. The partner knows living utilizable rights until maximally three years its to the HNP GmbH transfer = internally depositing. Over it going out as well as unused Deponierungen purge in favor of the HNP GmbH.
    5.3. An internal Deponierung must take place at least 9 months before the period of use. Additional Deponierungen do not have to be accepted by the HNP GmbH no more.
    5.4. A Deponierung becomes only valid by the confirmation of the HNP GmbH. Internal Deponierungen can be used in the HNP at a later time. A right, or several to use deposited living utilizable rights EN bloc or to a certain period does not exist. The HNP GmbH will however strive to correspond desires of the tidy partners.
  6. The HNP-Point System
    6.1. Internally deposited living utilizable rights can be evaluated with the HNP Punktesystem. Thus both season differences and category differences can become balanced. An exchange of internally deposited living utilizable rights can take place on basis of the HNP Punktesystems.
    6.2. .Die point values of a living utilizable right result from the category defined in the application form and the efficiency of the period of a yearly. The appropriate point value table is regularly published by the HNP GmbH.
    6.3. If a partner deposits its living utilizable rights internally, he can do that against point credit note. In order to get the full point credit note, this must take place at the latest 270 (two hundred one hundred) days (=Stichtag) before the registered period of use.
    With Deponierungen taken place after the deadline, the point credit note away from the deadline, during one period of 210 days is reduced, linear against zero. With Deponierungen within 60 (sixty) days before beginning period of use, no more point credit note must take place. The HNP GmbH can accomplish point credit notes after free discretion.
    6.4. Point assets can be exchanged for available living utilizable rights.
    6.5. The detailed conversion takes place according to the “rules of the HNP Punktesystems”
  7. Operating cost, annual account
    7.1. The operating cost is set up due to an economic plan determined the management of the HNP GmbH. Is to be proceeded from the presumed costs of the current maintenance and the maintenance. Given at the general assembly these costs admits.
    7.2. The operating cost of one calendar year is owed by the partner, which has the authorization for the use of their living utilizable right in the year concerned, D h, which are at the time of the respective week partners of the HNP GmbH. Partners, who do not pay their operating cost in accordance with condition of the following regulations in time, are excluded from the use of their living utilizable right.
    7.3. The operating cost is promptly in each case due after accounting, at the latest however 320 (three hundred twenty) days before the beginning of period of use designated in the application form.
    7.4. The HNP will send away at the latest twelve months before the period of use the operating cost invoice rendered in advance designated in the application form and if necessary, eight weeks after invoice date once, liable to pay the costs (with interest and expenses) of the payment will remind.
    7.5. The feed of the calculations and reminders does not have to be proven.
    7.6. Partners, who paid your operating cost and contributions not completely (inclusive interest and expenses) or not in time, or whose addresses cannot be determined because of nondelivery of the post office, or whom writings not at the post office fetch and lose something similar, for the requested calendar year and also for the following years all utilizable rights, in particular also the exchange and possibilitypossibility possibilities. The living utilizable right purges free of charge and without reservation to the HNP GmbH. A claim for the partner does not develop from it.
    7.7. Regarding in time which are not received payments (after the deadline) are charged these on owed contribution or on the next calendar year, after choice of the HNP GmbH. The right to use of the partner for the requested calendar year does not live thereby.
    7.8. If the living utilizable rights are in advance deposited several years, the appropriate operating cost is for this immediately due. The contributions resulting in this period are to be paid then in each case on basis of the current yearly in advance.
  8. Area of jurisdiction
    With disputes in affairs of association between the HNP GmbH and club members as area of jurisdiction the responsible court is agreed upon of Zell am See/Ö, if by the consumer law for the protection another area of jurisdiction is not compellingly prescribed.
    It applies in such disputes Austrian right.
    It applies the "Salvatorische Klausel".


Vers 18. August 2005 hb


22.02.2006

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