ViveaHealth Hotel Bad EisenkappelGeneral Terms and Conditions
I. Scope of application
1) These General Terms and Conditions apply to all services concluded with Vivea Bad Eisenkappel GmbH.
2) These Terms and Conditions apply in particular to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
3) The contract is only concluded once these conditions are met. Any terms and conditions stipulated by the customer shall not apply.
II. Conclusion of the contract; contractual partners and liability
1) The contract is concluded when the hotel accepts the customer's request. It is at the discretion of the hotel to confirm the room booking in writing.
2) If the hotel requests a deposit or the full price of the stay in advance, the room booking is deemed to be conditional. If the customer does not pay the deposit or the price of the stay within the stipulated period, the contract will not be concluded. Otherwise, room bookings are legally binding.
3) The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, said third party and the customer shall be deemed jointly liable to the hotel for any and all obligations arising from the accommodation contract.
4) By concluding an accommodation contract, the contractual partner only acquires the right to normal use of the rented rooms, the facilities usually provided to guests for use without special conditions, and normal service.
5) Subletting the rooms provided and using them for purposes other than accommodation require the prior written consent of the hotel.
6) The customer agrees to inform the hotel immediately and on his/her own initiative, by the time the contract is concluded at the latest, if the intended use and/or the event planned in the hotel is likely to attract public attention or adversely affect the interests of the hotel, be it due to its political or religious nature or any other reason.
7) Newspaper advertisements, other promotional measures, and publications that are related to the hotel generally require the hotel's written consent.
8) If the customer violates this obligation to disclose stated in point 5 or if something is published without consent in accordance with point 6, the hotel has the right to prohibit the intended use or to cancel the event.
III. Service; provision, handover and return of rooms
1) The hotel is required to keep the rooms reserved by the customer available and to provide the agreed services, provided that the customer fulfils the relevant payment obligations.
2) The customer is only entitled to a room that corresponds to the type, location and furnishing category requested in the booking, but not to a specific room, unless this has been expressly agreed on an individual basis.
3) Booked rooms are made available to the customer from 2.00 p.m. on the agreed arrival date. The customer is not entitled to earlier availability.
4) Rooms must be vacated and made available to the hotel no later than 10:00 a.m. on the agreed departure date. After this point, the hotel can charge 50% of the full accommodation price (list price) for the continued use of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards.
IV. Prices, payment, offsetting, statute of limitations
1) The customer is required to pay the applicable/agreed hotel prices for the rooms provided and for any other services used. This also applies to services and outlay rendered by the hotel to third parties on behalf of the customer.
2) All prices are exclusive of local tax of € 2.20 per person per day (billed on site).
3) The agreed prices include the applicable statutory value added tax.
4) Hotel bills without a due date are payable immediately without deduction.
5) Objections to telephone bills can only be raised within one month of receipt.
6) The hotel is entitled make outstanding bills due at any time and to demand immediate payment. If a due invoice is not paid immediately, the hotel is entitled to terminate the accommodation contract with immediate effect.
7) The contractual partner must pay the outstanding fee at the time of departure at the latest.
8) In the event of a default in payment, the hotel is entitled to charge interest at a rate of 8% above the base rate p.a., and 5% p.a. for consumers. The hotel reserves the right to assert further claims for damages caused by default.
9) Offsetting the customer's liabilities with claims against the hotel is permitted if the hotel becomes insolvent or for claims that are legally related to the liability and have been determined by a court or acknowledged by the hotel.
10) The statute of limitations for all claims by the customer is one year; the statutory period shall apply to consumers.
V. Withdrawal by the customer (cancellation)
1) Online bookings or accommodation contracts concluded remotely cannot be cancelled within 14 days of the conclusion of the contract. The agreed cancellation conditions associated with the rate shall apply.
2) Cancellation by the customer is only permitted if the following cancellation costs are paid:
Cancellation up to 31 days before arrival is free of charge. If you cancel within 31 days, we will charge the following cancellation fees:
- 30 to 7 days before arrival: 25% of the booked services (a one-time, free rebooking for an arrival date within 6 months is possible)
- 6 to 1 day(s) before arrival: 50% of the booked services
- Cancellation or no-show on the day of arrival: 80% of the booked services
We reserve the right to reserve 25% of the price of the stay on your credit card as a guarantee (amount will be reserved on the credit card, but not yet debited).
3) Special cancellation conditions agreed in individual cases shall take precedence over these regulations.
VI. Withdrawal by the hotel
1) The hotel is entitled to withdraw from the contract for an objectively justified reason, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; if rooms are booked with misleading or false information about essential facts, e.g. regarding the identity of the customer or the purpose; if the hotel has justified cause to believe that the use of the hotel services may jeopardise business operations for a reason outside of the hotel's control; if there is a significant breach of these General Terms and Conditions.
2) The hotel must inform the customer immediately if it chooses to exercise its right to withdraw from the contract.
3) If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
VII. Liability of the hotel
1) If the customer is an entrepreneur in his/her own right, the hotel shall not be liable for slight negligence.
2) If there are disruptions or inadequacies in the hotel's services, the hotel will endeavour to remedy these circumstances once they become apparent or if the customer issues an immediate complaint. The customer is required to take reasonable measures to help remedy the disruption and to keep potential damages to a minimum.
3) The hotel is liable to the customer for items brought by the latter in accordance with the statutory provisions, i.e. the hotel operator is liable for items brought by the guests up to the legally stipulated limit of €1,100.00, unless the items were specifically handed over to the hotel for safekeeping or the damage was caused by the hotel, the staff or other people working for the hotel. The guest must contact the reception.to arrange special storage (e.g. the hotel's own safe).
4) Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
5) Messages, mail and shipments of goods for guests are handled with care. The hotel will deliver, store and – if requested – forward these for a fee. Claims for damages, except for gross negligence or intent, are excluded.
VIII. COVID-19 safety regulations
1) You can find all the provisions of the COVID-19 safety measures here.
Last modified: November 2021 / subject to change