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TERMS AND CONDITIONS
Hotel Mariahilf GmbH

  1. Scope

These General Terms and Conditions apply to all guest Accommodation Agreement concluded between Hotel Mariahilf GmbH and the Guest as well as to all other hotel services provided.

 

  1. Definition of terms

Proprietor means an individual or entity that accommodates guests against remuneration.

Guest means an individual that uses accommodation. Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).

Contractual Party means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest.

Consumer” and “Entrepreneur” – these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.

Accommodation Agreement the Proprietor and the Party, the contents of which are specified            below.

 

  1. Reservations and further rental

The Accommodation Agreement comes about through a clear and mutual acceptance of a room reservation made and is binding for both Contractual Parties. Electronic declarations are deemed to have been happened if the party (for whom they are intended) can call them up under normal circumstances and access during the announced opening hours of the Proprietor.

The Proprietor is entitled to conclude the Accommodation Agreement on the condition that the Contractual Party pays a deposit. The deposit is a partial payment of the agreed fee. If the Contractual Party agrees to the pre-payment (in writing or verbally), the Accommodation Agreement is concluded upon declaration receipt of consent for the Contractual Party to pay the payment to the Proprietor. Guests receive a written confirmation of the reservation when their contact details are provided (e-mail or postal address).

There is no right to stay overnight in a concrete room. The Hotel reserves the right to define customary restrictions such as minimum stay, booking guarantees or pre-payments for certain dates.

The resale / letting as well as the unauthorized brokering of reserved rooms is prohibited. In particular, the brokerage of rooms and / or room allotments to third parties at higher rates than the original room rate is not permitted. The use of the hotel room for any purpose other than accommodation is prohibited.

 

  1. Guaranteed reservations and cancellation policy

Guaranteed reservation

A reservation is guaranteed by a pre-payment of 30% of the whole reservation. Bookings can be cancelled up to 24 hours before arrival free of charge. In the event of later cancellation, the Hotel reserves the right to charge the deposit.

Non-refundable reservation

At the moment of the reservation, the customer accepts to pay the full amount of the reservation via Credit card or bank transfer. This amount is not refundable in the case of a cancellation or any modification of the reservation.

 Assumption of room costs through the company

The Hotel needs a confirmation from the company via e-mail or fax incl. VAT-Number if the room costs are carried by the company. The room will be kept free all night long. Cancellations till 6 pm before the day of arrival are free of charge. In case of late cancellations, the hotel reserves the right to charge the credit card with the full amount of the reservation or to send an invoice to the company. If the company’s residence is outside Austria, a credit card number or a pre-payment must be provided to confirm the reservation.

Promotion-reservations

Depending on the offer, free cancellation policy may vary. The respective conditions and cancellation deadlines are stated in the booking process and on the booking confirmation.

Group reservations

Reservations of five or more rooms are handled as a group, the group booking and cancellation policy will apply. Such reservations must be guaranteed with a valid credit card number (travel agencies/companies) or a pre-payment two weeks before arrival with 30% of the whole reservation amount.

Group cancellations

up to 28 days before arrival are free of charge
up to 14 days before arrival will be charged 25%
up to 7 days before arrival will be charged 50%
up to 2 days before arrival will be charged 80%
up to 1 day before arrival will be charged 100%

Different cancellation periods apply for special agreements. Offers on Option are not obligatory and can be accepted or refused from guests or Contractual Parties any time before the option expires.

Cancellation and refunds

Any cancellation must be done in a written form or online via our booking system on our homepage. If you have cancelled the room (s) before the cancellation deadline has expired, we will refund your pre-payment within 72 hours. All bookings made through online travel agencies (e.g. booking.com, expedia.com) must also be cancelled on these platforms. The platforms can also provide other booking and payment conditions.

No Show

If a guest fails to make an appearance (no show) and in case of guaranteed reservations or reservations guaranteed through companies, the hotel reserves the right to charge the credit card with the full amount of the reservation or to send an invoice to the company.

Early departure

The Hotel reserves the right to charge the whole amount of the reservation in case of early departure of guests.

Different cancellation periods apply for promotional bookings, Packages and bookings during events and trade fairs. These will be stated during the booking process and on the booking confirmation.

 

  1. Disabilities of arrival

If the Contractual Party cannot appear at the accommodation facility on the day of arrival because unforeseeable exceptional circumstances (e.g. pandemic, extreme snowfall, flooding etc.) make all travel options impossible, the Contractual Party is not obliged to pay the agreed fee for the days of arrival. The fee for the booked room is again payable from the time of arrival if arrival is within three days possible.

If the Contractual Party or the Guests cannot appear at the accommodation on the day of arrival because of the sickness, the Contractual Party is nevertheless obliged to pay the agreed fee.

 

  1. Early termination of the Accommodation Agreement by the hotel

The Proprietor is entitled to terminate the Accommodation Agreement immediately for cause, in particular if the contracting party or the guest:

  1. a) damages the property or makes with his/her reckless, offensive or otherwise grossly improper behaviour impossible for other guests, the Proprietor, his staff or third parties living in the accommodation and makes him-/herself against these people property, morality or physical safety guilty;
  2. b) is infectious or sick beyond the period of accommodation or otherwise requires care;
  3. c) fails to pay the submitted invoices when they are due within a reasonable period of 3 days.

The Proprietor may terminate the Accommodation Agreement at any time without observing a period of notice, unless the contract is already terminated in accordance with the law or the Proprietor is released from his obligation to provide accommodation, if the fulfilment of the contract becomes impossible due to an event vis major (e.g. elementary events, strike, lockout, official orders, pandemic, etc.). Any claims for damage compensations, etc. by the Contractual Party are excluded.

 

  1. Extension of the accommodation

The Contract Party has no right to have his stay extended. If the Contract Party announces his wish to extend the stay in time, the Proprietor can agree to the extension of the Accommodation Agreement. The Proprietor is not obliged to do so.

If the contractual party cannot leave the accommodation facility on the day of departure because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) have blocked all departure options, the Accommodation Agreement will be automatically extended for the duration of the departure impossibility. A reduction of the fee for this time is only possible if the contractual partner cannot fully use the services offered by the Proprietor due to the extraordinary weather conditions. The Proprietor is entitled to offer at least the fee that corresponds to the price usually charged in the low season.

 

  1. Room price and packages

The Hotel reserves the right to charge the whole amount of the reservation at the time of Check in. In any case, the contractual Party is obliged to pay the agreed fee plus additional amounts due to separate use of services by him / or the accompanying guests plus statutory sales tax at the latest at the time of departure. If the company has its headquarters in Austria, the invoice can also be solved by bank transfer. The contractual partner is liable to the Proprietor for any damage that he or his guests or other persons who accept services from the Proprietor with the knowledge or will made.

The room prices are based on the number of guests in a room. Additional guests in the room overnight must be made known at the reception next morning at the latest. The guests will be charged according to the daily rate.  The Hotel has seasonal prices and vary daily. The actual pricelist is provided at the reception or online on the hotel home page. Prices of the rooms are inclusive or exclusive additional services. Not consumed hotel services incl. services from packages or breakfast are neither refunded nor reduce the total price of the stay.

 

  1. Alternative accommodation

The Proprietor can provide the contractual Party or the guests with suitable alternative accommodation (in the same quality and the same scope of services) if this is acceptable for the contractual Party, especially if the difference is insignificant and objectively justified. An objective justification is given, for example, if the room (s) has (are) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step. Any additional expenses for an alternative accommodation are bared by the Guest.

 

  1. Taxes and fees

Applicable rates are total gross rates including all taxes, fees and excluded the city tax (EUR 1, 50 per person and per day). However, this does not apply to children under 16, people with disabilities and people on business trips, who stay more than 14 days at a time at the hotel. In case of changes of tax or fee rates as well as the charge of new or additional taxes and fees – that are unknown to the parties at this time – Hotel Mariahilf reserves the right to adjust the named rates and prices accordingly.

 

  1. Means of payment

The Hotel accepts payments in cash (EURO) by EC or credit card (Visa, MasterCard, Diners and American Express).

 

  1. Occupancy times for reserved rooms

Reserved rooms are available to guests from 2 pm on the day of arrival and till 11 am on the check-out date. Guests can also arrange a late check-out in advance upon request. If the hotel agrees to the late check-out, it reserves the right to charge EUR 35.00 for the additional use of the room till 2 pm. If check-out takes place after 2 pm, guests are charged the full day rate for the room. Guests are not contractually entitled to a night after late check-out. Guest are obliged to keep noise levels low from 10 pm to 6 am. 

 

  1. Proprietor’s rights

If the contractual Party refuses to pay the stipulated fee or is in arrears, the Proprietor is entitled to the statutory right of retention in accordance with § 970c GCC, and the statutory right of lien in accordance with § 1101 GCC on the items brought by the contractual Party or the guest. The Proprietor is also entitled to this right of retention or lien to secure his claims from the Accommodation Agreement, in particular for meals, other expenses made for the contractual Party and for any claims for compensation of any kind.

In the event of property damage, the costs will be invoiced to the guest without exception. If the guest loses the room key, an amount of EUR 70.00 will be charged to cover expenses.

The Proprietor is entitled to set his own claims off against claims of the contractual Party. The contract partner is not entitled to set his own claims off against claims of the Proprietor, unless the Proprietor is insolvent or the claim of the contract partner has been determined by a court

or recognized by the Proprietor.

 

  1. Liability

The Proprietor is liable for items brought in by the contractual Party according to §§ 970 ff ABGB (, Austrian General Civil Code). The Proprietor is only liable if the items have been handed over to the Proprietor or the employees authorized by the Proprietor or have been brought to a specified place or allocated for this purpose place. If the Proprietor does not succeed in providing evidence, the Proprietor is liable for its own fault or the fault of the employees as well as the incoming and outgoing people. The Proprietor is liable in accordance with Section 970, Paragraph 1 of the Austrian Civil Code up to the amount stipulated in the Federal Act of November 16, 1921 in the currently applicable version on the liability of innkeepers and other entrepreneurs. If the contractual Party or the guest does not immediately comply with the Proprietor’s request to deposit their items in a special storage location, the Proprietor is released from any liability. The Proprietor assumes no liability for unobserved luggage and luggage on not authorized places. However, the guest has the possibility to store his or her luggage safely in the luggage room of the hotel before and after his or her stay.

The amount of any liability of the Proprietor is limited to a maximum of the liability insurance amount of the respective Proprietor. Any fault of the contractual Party or guest must be taken into consideration.

The Proprietor is only liable for valuables, money and securities up to the current amount of EUR 550.00. The Proprietor is only liable for any further damage in the event that he has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of the hotel employees. The Proprietor can refuse to keep valuables, money and securities in safe custody if they are much more valuable than Guests usually keep in the storage room of the hotel.

In any case, the liability is excluded if the contractual Party and / or guest does not immediately notify the Proprietor of the stated damage. In addition, the contractual Party or Guest must assert these claims in the court within three years from the point of knowledge or possible knowledge of the damage; otherwise the right is no longer valid.

The Proprietor is not liable for slight negligence. If the contractual Party is an entrepreneur, liability is also excluded even for gross negligence. In this case, the contract partner bears the burden of proof for the existence of the fault. Consequential or indirect damage as well as lost profits will not be replaced under any circumstances.

 

  1. Video surveillance

The hotel entrances are under video surveillance 24 hours a day for guests’ safety.

 

  1. Parking

Hotel guests can park their car in the nearby underground car parking at Mariahilferplatz at reduced rates. However, since Hotel Mariahilf is not a garage operator, no contract of use or custody agreement is concluded between the contractual Party and the hotel. The hotel is therefore not liable for any damage to vehicles for which other guests or other third parties are responsible, nor for theft, break-in or any other damages, etc.

 

  1. Pedestrian zone

Guests of the Hotel Mariahilf are permitted to drive into the pedestrian zone at the marked entrances. Holding in front of the hotel is only permitted for loading activities.

 

  1. Vouchers

Hotel vouchers can only be redeemed for the hotel’s own services. If there is any remaining credit while paying with a voucher, this will remains and can be used for further payments. Vouchers cannot be redeemed for cash.

 

  1. Food

Breakfast can only be taken in the authorized rooms (breakfast room, bar). It is not permitted to take away any of breakfast items offered. Cooking of any kind is not permitted in the rooms.

 

  1. Smoking

Smoking is not permitted in the hotel. In the event of disregard, a special cleaning fee of EUR 100.00 and, in the event that the fire alarm is triggered, the costs for the fire brigade will be charged.

 

  1. Fire protection

The instructions of the hotel staff must be followed in case of a fire or a fire alarm.

 

  1. Pets

Bringing pets is generally permitted. The prerequisite is that the pet is free from diseases and does not pose a threat to other hotel guests. Bringing your pet to breakfast is not permitted. There is a fee of EUR 10.00 per pet and night. Exceptions are, however, blind, deaf and other comparable service dogs. These are free of charge. The Guest who takes an animal with him or her is obliged to keep or supervise this animal properly during his or her stay, or to have it kept or supervised by suitable third parties at his or her own expenses. The contractual Party or his or her insurer are jointly and severally liable to the Proprietor for the damage caused by animals brought along. The damage also includes, in particular, compensation services that the Proprietor has to provide to third parties.

 

  1. Place of fulfilment, jurisdiction and choice of law

These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG, Austrian act on international private law, and the Rome Convention of 1980) and the UN Sales Convention.

If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.

If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.

If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.

 

  1. Other

In the event of loopholes, the relevant statutory provisions apply.

HOTEL MARIAHILF GMBH

Mariahilferstraße 9 | 8020 Graz | AUSTRIA

FN 56744 y| Landesgericht Graz | UID: ATU 56695124

www.hotelmariahilf.at | rezeption@hotelmariahilf.at

Tel.: +43 (0) 316 71 31 63 -50 | Fax: +43 (0) 316 71 31 63 -60

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