General terms of business
for
Hotel Neue Post Erwerbs- und BetriebsGmbH (HNP)
English translation, in case of doubt the German
version applies.
Preamble:
Any contracts and agreements related to these terms must be made in
writing. Individual agreements (framework agreements etc.) may regulate
separate points in more detail and other than given. In all other points
the following apply in this order: these terms, separate detailed agreements,
HNP house rules, the terms of the cooperative agreement on providing
board and accommodation of the hotel and accommodation facilities association
with the travel agents association.
1 Contract conclusion
1.1 Contracts are concluded based on these terms of business, as soon
as the room/s, spaces, areas, other supplies and services have been
ordered and accepted. HNP will confirm reservations in writing as far
as possible. the advance payments asked for by the Hotel have not been
made by the date requested, the concluded agreement becomes null and
void.
1.2 If details of the reservation confirmation deviate from those of
a quote or application, the confirmation details other than given are
binding on the contractual parties and HNP if the guest does not immediately
and explicitly object after receiving the reservation confirmation.
1.3 If the contractual party is a registered trader, he himself is liable
for any contractual obligations as well as for any guests he has placed.
2 Reservation:
Each reservation only becomes valid when confirmed
in writing (fax, email) by HNP. The confirmation includes a specific
reservation number (ResID), the service
provided (category, number of guests, period) rates and booking terms.
If no framework agreement exists, the reservation is considered confirmed
and booked only when the mandatory down-payment (generally 30% of the
booking sum) is deposited on HNP’s account. In case of cancellation
the down-payment will be charged and retained as a cancellation fee.
Unless otherwise agreed, a reservation is considered lapsed if the down-payment
has not been credited to HNP’s account no later than 14 days after
the reservation confirmation date. HNP reserves the right to charge
a cancellation fee in this case too.
3 Hotel voucher
A voucher must include the exact ResID, the accommodation dates and
in particular the arrival and departure dates. These dates must be consistent
with the reservation confirmation. Any services beyond this will either
not be provided by HNP or charged to the guest directly in line with
HNP terms. A voucher is only accepted as a form of payment pursuant
to a separate agreement. Otherwise the booking sum must be transferred
in full before arrival or secured by a credit card or similar. Bookings
are charged on the day of arrival. In a case where the guest is to make
the payment, this has to be agreed separately and clearly shown on the
voucher.
4 Arrival and departure:
4.1 Rooms are available on the day of arrival from 3pm and are held
unless otherwise arranged until no later than 6pm. After 6pm HNP is
entitled to allocate the rooms otherwise unless another arrangement
has been agreed explicitly and in writing.
4.2 On the day of departure the room must be vacated no later than 10am.
If the room is vacated later, HNP is entitled to charge 50% of the daily
rate. If departure is scheduled after 10am the guest must notify reception
accordingly, as long as the Hotel agrees to this; with departure before
6pm the half-day rate for the room is due and after 6pm the full day
rate.
5 Cancellations or premature departure
5.1 These must be made in writing and apply to a confirmed reservation
(ResID). Cancellations are only valid if confirmed in writing by HNP.
Cancellations can be made up to 28 days prior to the scheduled day of
arrival at no charge. Down-payments already made are credited 100% to
a future booking if requested or are remitted with a 25€ handling
fee deducted.
5.2 If cancellations are made within 28 days prior to the scheduled
day of arrival the following terms apply:
Up to 14 days: 33% of the booking sum
Up to 7 days: 75% of the booking sum
Up to the day of arrival or premature departure: 100% of
the booking sum, less any substitute bookings.
6 Annulments:
HNP has the right to dispose of non-guaranteed booked room capacity
60 days before the scheduled day of arrival; a maximum 50% of the arranged,
non-guaranteed capacity 21 days before the scheduled day of arrival;
a maximum 25% of the arranged, non-guaranteed capacity 14 days before
the scheduled day of arrival. HNP will notify the travel agent accordingly
by fax or email.
7 Payment terms
7.1 The rate agreed as per the reservation may be requested on arrival
as long as no other arrangement has
been agreed or a payment guarantee has been presented.
7.2 With stays of more the three days, HNP reserves the right to issue
a partial invoice.
7.3 As long as no advance payments are to be made, all the Hotel’s
outstanding bills are due no later than when the guest arrives and are
either to be settled at the Hotel or secured with a bank guarantee.
7.4 Invoices issued to guests are to be paid at the Hotel directly,
either in cash or with an accepted credit card.
7.5 Invoices with payment term are due 14 days after the issue date
net on HNP’s bank account. All the expenses resulting from this
payment procedure are to be borne by
the invoice recipient. If the payment term is exceeded the invoice recipient
is obliged to pay the costs of a collection agency as well as late interest
of at least 1% per month and agrees that with default of payment interest
is capitalised until the date of the court case and collection
expenses will be added to the capital.
7.6 Default of payment entitles HNP to withhold further services arising
from the current contract and resign from contracts related to future
services; in addition, HNP is entitled to charge the loss of profits
incurred to the same extent as if this cancellation had been made by
the guest.
8 Liability
8.1 The contractual parties of HNP or the guest as such are liable to
HNP entirely for damages they or their guests cause or are responsible
for.
8.2 Use of the rooms by the guest other than agreed entitlesthe Hotel
to cancel the contract without notice, without this reducing its claim
to the agreed remuneration.
8.3 If HNP is impeded by force majeure, technical faults, strikes or
similar in providing its services, no compensation for damages may result
from this. However, HNP is obliged to make an effort to otherwise provide
the client
with services of equal value.
8.4 HNP is liable to the guest as per the provisions of the ABGB. The
Hotel’s liability is excluded if the room or containers in which
the guest leaves belongings remain
unlocked. HNP does not accept any liability for valuables in the rooms
including those locked in the room safes.
8.5 HNP is liable for the correctness of the services described and
the proper provision of the contractually agreed services.
8.6 HNP is not liable for services of the associates and events arranged
by HNP.
8.7 The guest/organiser is obliged in the event of any disruptions to
services that may occur to do their utmost to help rectify the disruption
and limit any damages. The guest/organiser is obliged to notify the
hotel management of any complaints without delay. If the guest fails
to meet this obligation, he is not entitled to make any claims.
8.8 Engaging in any sporting or other holiday-related activities is
the guest’s own responsibility. Guests are urged always to inspect
sports facilities, equipment and vehicles before using them. HNP is
only liable for accidents that occur at sporting events and other holiday-related
activities if it is at fault. It is recommended that sports accident
insurance be taken out.
9 Miscellaneous
9.1 The Hotel will take the utmost care to provide wakeup calls. However,
claims for damages are excluded in the case of non-fulfilment.
9.2 Information of all kinds will be provided to the best of our knowledge
but without guarantee.
9.3 Lost property (left items) will be forwarded only on request and
with reimbursement of expenses. The Hotel is obliged to store them for
up to six months; after this period these items will be disposed of.
9.4 Messages, mail and consignments of goods for guests are handled
with care. The Hotel is responsible for storing, delivering and forwarding
these on request. However, any liability for loss, delay or damage is
excluded.
9.5 Transport of persons and luggage when conveyed free of charge: HNP’s
liability for personal and property damage is limited to the statutory
motor vehicle insurance. Liability for losses and delays is t otally
excluded.
9.6 Local taxes are not included in the arrangement and apartment rates,
especially with TimeShare and HNPClub arrangements and are to be paid
separately.
10 Additional, special information for TimeShare
10.1 Extras such as electricity, gas, water, heating, bed linen and
towels are included. Local tax and final cleaning are billed separately
based on length of stay, number of guests aged 15 plus and the apartment.
10.2 The holiday apartment may only be occupied by the number of adults
and children given in the reservation confirmation.
10.3 Arrival and departure dates are binding.
10.4 . Each guest is obliged to treat the unit and fixtures and any
common areas with care. They are also obliged to compensate for any
damages that occur caused by them or their companions and guests during
their stay.
10.5 When keys are handed over a reasonable amount (at least €500)
may be requested as a security deposit for any damages. This is paid
back or offset when the unit or fixtures have been handed back in reasonable
condition at the end of the stay.
10.6 On departure the holiday units are to be left swept clean. If any
used dishes are left, an extra €50 will be charged.
11 Concluding provisions
11.1 The right to correct mistakes and printing and calculation errors
is reserved.
11.2 Oral agreements only take effect when they have been confirmed
by HNP in writing.
11.3 Court of jurisdiction for any disputes arising from this contract
and its fulfilment is agreed as long as legally permissible as the court
at Zell am See.
11.4 Should any of the above terms be ineffective, this does not affect
the validity of the other terms. Instead of the invalid terms a valid
ruling that comes closest to it applies.
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