Conditions “baadhaus”
Version of 1 June 2022
§ 1 Definitions of terms
1.1. Definitions of terms:
“Host”:
A natural person or legal entity who hosts guests in return for a fee.
“Guest”:
A natural person who takes advantage of the host’s services. Generally, the guest is also the contractual partner. Guests also include all persons who arrive with the contractual partner (such as family members, friends, etc.).
“Contractual partner”:
A domestic or international natural person or legal entity who concludes a hosting agreement as a guest or for a guest.
“Consumer” and “company owner”:
These terms should be understood in the sense of the Consumer Protection Act of 1979 in the current valid version.
“Hosting agreement”:
The agreement concluded between the host and the contractual partner, the content of which is regulated in more detail in the following.
§ 2 Conclusion of contract – advance deposit
2.1. The hosting agreement comes into force when the host accepts the order from the contractual partner. Electronic declarations are considered received once the party for which they are intended can access them under regular conditions, and once they are accessed during the disclosed business hours of the host.
2.2. The host is entitled to conclude the hosting agreement under the condition that the contractual partner pays an advance deposit. In this case, the host is obligated to refer to the requirement to pay an advance deposit before accepting the written or oral order from the contractual partner. The hosting agreement shall come into force only upon receipt of the advance depot amount in the host’s account. The remaining accommodation fee must be paid at the latest 7 days before the stay.
§ 3 Start and end of accommodation
3.1. The contractual partner has the right to check into the rented rooms from 4:00 PM on the agreed date (“arrival date”), unless the host offers a different check-in time.
3.2. If the guest checks into an apartment for the first time before 6:00 in the morning, then the previous night shall be considered the first night of the stay.
3.3. The contractual partner must clear the rented rooms on the date of departure by 10:00 AM. The host is entitled to charge an additional day if the rented rooms are not promptly cleared.
§ 4 Withdrawal from the hosting agreement – cancellation fee Withdrawal by the host
4.1. If the hosting agreement stipulates an advance deposit, and if the contractual partner does not pay the advance deposit in a timely manner, then the host can withdraw from the hosting agreement without notice.
4.2. If the guest does not arrive by 6:00 PM on the agreed date of arrival, there shall be no obligation to provide lodgings, unless a later arrival time has been agreed.
4.3. The hosting agreement can be dissolved through unilateral declaration by the host up to 3 months before the agreed date of arrival for the contractual partner for objectively legitimate reasons, unless otherwise agreed.
Withdrawal by the contractual partner – cancellation fee
4.4. The hosting agreement can be dissolved through unilateral declaration by the contractual partner up to 3 months before the agreed date of arrival for the guest, without any cancellation fee being charged. Any advance deposit already paid shall be refunded in full in this case.
4.5. Outside of the term defined in Sec. 4.4, withdrawal is permitted only by unilateral declaration of the contractual partner if the following cancellation fees are paid:
- up to 1 month before the date of arrival, 50% of the total price.
- afterwards, 100% of the total price.
§ 5 Provision of replacement lodgings
5.1. The host can provide the contractual partner or the guests with adequate replacement lodgings (of the same quality) if this would be reasonable for the contractual partner, in particular if the deviations between the two are minor and objectively justified.
5.2. There is objective justification, for instance, if the room(s) has/have become unusable, if guests already staying at the facility extend their stay, if the lodgings are overbooked, or if other important operational measures require this step.
5.3. Any additional expenses for replacement lodgings shall be borne by the host.
§ 6 Rights of the contractual partner
6.1. By concluding a hosting agreement, the contractual partner receives the right to customary usage of the rented rooms, the facilities of the accommodation which are regularly provided to guests for their use without special conditions, and regular services. The contractual partner shall exercise their rights in accordance with any house and/or guest rules.
§ 7 Obligations of the contractual partner
7.1. The contractual partner shall be liable to the host for any damages that it or the guest, or any other persons cause who take advantage of the host’s services with the knowledge or in accordance with the will of the contractual partner. To ensure any claims by the host, a 1,500 euro deposit shall be charged, and then refunded after the end of the hosting relationship if the contractual partner has not caused any damages. The liability of the contractual partner is not restricted by the amount of the deposit.
§ 8 Rights of the host
8.1. The host is entitled to cease providing the accommodations immediately if the usage regulations and/or house rules are not observed by the contractual partner.
See, in particular, Sec. 12.3.
The accommodation charge or any parts thereof shall not be refunded in this case.
§ 9 Obligations of the host
9.1. The host is obligated to perform the agreed services to an extent corresponding to its standards.
§ 10 Limitations of liability
10.1. If the contractual partner is a consumer, the host’s liability for slight negligence shall be excluded, with the exception of personal injuries.
10.2. If the contractual partner is a company, the host’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear the burden of proof for showing that the host was culpable. Subsequent damages, immaterial damages or indirect damages and lost profits shall not be reimbursed. The damages to be reimbursed shall be limited in every case to the interest due to reliance on trustworthiness.
§ 11 Animals
11.1. Animals may not be brought into the accommodations.
§ 12 End of the hosting agreement – premature dissolution
12.1. If the hosting agreement has been concluded for a specific term, it shall end at the end of this term.
12.2. If the contractual partner departs prematurely, the host is entitled to demand the full agreed fee. The host shall deduct any savings gained if its services are not taken advantage of or any amounts received through otherwise renting the ordered rooms. Savings shall be considered generated only if the accommodations are fully booked at the time the guest does not use the ordered rooms, and the rooms can be rented to another guest due to the contractual partner’s cancellation. The contractual partner bears the burden of proof for the savings.
12.3. The host is entitled to dissolve the hosting agreement with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes use of the facilities in a substantially negative manner or spoils the stay of other guests, the owner, the owner’s employees or the third parties staying in the accommodations through their inconsiderate, offensive, or otherwise grossly inappropriate conduct, or is guilty of committing any punishable action violating property, good conduct, or physical safety against these persons;
b) is infected with an infectious illness or an illness lasting beyond the stay, or otherwise requires care;
12.4. If it becomes impossible to fulfil the contract due to an incident of force majeure (such as a natural catastrophe, strike, lockout, official disposition, etc.), the host can dissolve the hosting agreement at any time without notice, if the contract is not already considered dissolved by law, or if the host is freed from their hosting obligation. Any claims for damages by the contractual partner are excluded.
§ 13 Illness or death of the guest
13.1. If a guest becomes ill during their stay at the accommodations, the host shall fulfil the guest’s request for medical care. If there is any impending danger, the host shall furthermore obtain medical care even without a specific request to do so by the guest, in particular if this care is necessary and the guest is not capable to request it.
13.2. As long as the guest is unable to make decisions or the guest’s family members cannot be contacted, the host shall ensure medical care is provided, at the cost of the guest. The scope of such care shall, however, end once the guest is able to make decisions or their family members have been informed of their illness.
13.3. The host shall be entitled to reimbursement for the following costs with respect to the contractual partner and the guest, or their legal successors in case of death:
a) Outstanding doctor’s fees, costs for ambulance transport, medications, and treatments
b) Any necessary room disinfection,
c) Unusable linens, bedding and furnishings, or otherwise for disinfection or thorough cleaning of all of these objects,
d) Restoration of walls, equipment, furnishings, carpets, etc. if they become contaminated or damaged in conjunction with the illness or death,
e) Room rent, if the guest uses the facility, plus any days on which the rooms are unusable due to disinfection, clearing, etc.,
f) Any other damages incurred by the host.
§ 14 Place of fulfilment, jurisdiction, and choice of law
14.1. The place of fulfilment is the location of the accommodations.
14.2. This agreement is subject to Austrian formal and material law, excluding the regulations of international private law (in particular the IPRG and EVÜ) and UN Sales Law.
14.3. The exclusive place of jurisdiction is the headquarters of the host in case of a relationship between two companies, whereby the host is furthermore entitled to assert its rights at any other court responsible for the location or objective matter at hand.
14.4. If the hosting agreement was concluded with a contractual partner that is a consumer with residence or domicile in Austria, then complaints can only be filed against the consumer at their place of residence, domicile, or place of employment.
14.5. If the hosting agreement was concluded with a contractual partner who is a consumer, and their residence is in a European Union member state (with the exception of Austria), Iceland, Norway, or Switzerland, then the court responsible for the location or matter at hand shall be exclusively responsible for any complaints against the consumer.
§ 15 Miscellaneous
15.1. Unless otherwise indicated by the above provisions, any terms shall begin upon delivery of the correspondence ordered with the term to the contractual partner, who must observe the term. When calculating a term in days, the day of the time or event according to which the start of the term is determined is not included in the count. Terms calculated in weeks or months refer to the days of the week or month with a name or number corresponding to the days by which the term should be counted. If this day does not exist in the month, then the last day of the month shall be decisive.
15.2. Declarations must be received by the other respective contractual partner on the last day of the term (24 hours).
15.3. The host is entitled to offset its own claims against the claims of the contractual partner. The contractual partner is not entitled to offset its own claims against the claims of the host, unless the host is insolvent or the claim of the contractual partner has been granted by a court of law or recognised by the host.
15.4. The relevant statutory regulations shall apply in case of any contractual loopholes.
15.5. The English and Italian translations of these GTCs are for informational purposes only. The German version is the only legally valid version.
