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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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”
- 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.
- 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
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