HOTEL PAPAGENO WIEN
Wiedner Hauptstraße 23-25, 1040 Wien
Tel: +43 1 504 6744
Fax: +43 1 504 6744 22
U.M. Hotelbetriebs- und -reorganisations GmbH
Terms of Service
I The following terms of service (TOS) apply to all services rendered by the SHS Hotels GmbH or her daughters (SHS Hotel Papageno, SHS Hotel Fürstenhof and SHS Hotel Vienna Urban furtheron called SHS Hotels GmbH) to guests, travel agencies or other contracting parties (“contracting party”). Services include the renting of hotel rooms, sale of food and beverages (F&B) or similar offers, as well as all related additional services and deliveries by SHS Hotels. The SHS Hotels GmbH reserves the right to fulfill its obligations through third parties.
II The TOS apply to all types of contracts, such as hotel accommodation, package tour, contingent, entered into with the SHS Hotels GmbH. The TOS also apply to all future business with the contracting party.
III Contracting party’s TOS do not apply, even when the SHS Hotels GmbH does not explicitly renounce them. Counterclaims by the contracting party referring to their TOS are hereby renounced.
2 Conclusion of Contracts
I Specific contracts are generally concluded after a verbal or written offer by the contracting party and acceptance by the SHS Hotels GmbH. The SHS Hotels GmbH is entitled to accept the offer in writing, verbally, in electronic form or practically through delivery of service.
II In case of a group booking by the contracting party, a contingent contract is automatically concluded. The contingent contract supersedes and adds to the TOS. According to the contingent contract, the contracting party is liable for all damages caused by the end user.
III A group booking consists of a contracting party booking, through one or more booking procedures, more than six rooms in one hotel, related by time and/or purpose. Group bookings are independent of the booking method use. The booking can be mode personally, over the phone, by fax, by email, in written form, through “shs-hotels.com”, through intermediaries (e.g. Online booking sites) or through any other means.
IV Subletting, contracting or unpaid third party use of rooms as well as use of rooms for purposes other than accommodation is prohibited, except in cases where the SHS Hotels GmbH has explicitly approved. the SHS Hotels GmbH may, according to it’s discrete judgment, grant an exception to this rule in writing.
3 Room Utilization, Room Handover, Departure
I Rooms are provided exclusively for accommodation purposes.
II The contracting party is liable for any and all damages caused by itself or third parties obtaining the SHS Hotels GmbH services through the contracting party.
III The contracting party is not entitled to usage of a specific room. In the case that there are no rooms available, the SHS Hotels GmbH will notify the contracting party without delay and offer a equivalent replacement in a qualitatively similar hotel nearby. Should the contracting party deny this offer, the SHS Hotels GmbH is obligated to immediately refund any benefits already received from the contracting party.
IV Booked rooms are made available to the contracting party at 14:00 on the day of arrival. If no other arrangements have been made, the SHS Hotels GmbH has the right to reallocate booked but unclaimed rooms after 18:00 of the same day. The contracting party does not receive any right or claims from this reallocation.
V The rooms are to be vacated no later than 12:00 on the day of departure. After the specified time the SHS Hotels GmbH may charge, in addition to the resulting damage, for the additional usage of the room, until 16:00 the daily rate for the room and after 16:00 the full accommodation rate (book list price).
VI Smoking is prohibited in the entire building.
4 Provision of Services, Prices, Payments, Offsetting and Assignment
I The prices of the various services are taken from the version of Papagenos price list in use at the moment of delivery of the service. All prices include sales tax. Increases in sales tax are borne by the contracting party. Should the period of time between the conclusion of the contract and the first delivery of service exceed 120 days, the SHS Hotels GmbH reserves the right to increase the price up to a maximum of 15%. Later changes in service may lead to changes in price. The SHS Hotels GmbH reserves the right to demand a advance payment or security deposit of up to 100% of the entire contractual sum upon conclusion of contracts. The amount of the advance payment as well as the payable date can be determined in the contract.
II In the case that the contracting party makes a booking during a convention or other mass event and that event is then rescheduled to a different time for reasons outside the SHS Hotels GmbH control, the original contract is valid for the newly rescheduled period of time, provided the SHS Hotels GmbH is able to provide the service at that time. the SHS Hotels GmbH will notify the contracting party within a reasonable amount of time whether this service is possible. Should this not be possible, especially in case the rooms in question being already booked in the new time period, both parties are entitled to void the contract without explanation. Damage claims against the opposing party are explicitly renounced. This is not valid for already delivered services or payments, which are to be reimbursed in full.
III Payment is due in full immediately after reception of the corresponding invoice. An invoice is regarded delivered at the latest 3 days after sending, provided no earlier reception can be proven. Delay in payment is governed by the usual laws.
IV Compilation of a general invoice does not construe exemption from due payment of individual invoices. A delay in payment on even one individual invoice entitles the SHS Hotels GmbH to delay delivery of all other current and future services and to make their delivery subject to a security deposit of up to 100% of the unpaid obligation.
V For each reminder of payment a fee of 12.00 Euro is incurred. Invoices are generally payable immediately in cash or by credit card. The SHS Hotels GmbH reserves the right to reject checks, foreign currency or credit cards. Vouchers issued by travel agencies are only accepted if there is a credit agreement with the specific agency or equivalent advance payments have been made. There is no right to a refund of unclaimed services.
VI The contracting party can only offset a payment to the SHS Hotels GmbH in case it’s own claim is uncontested or legally final. This applies to a lien of retention due to open claims by the contracting party. Claims and other rights can only be transferred to third parties with the SHS Hotels GmbH explicit written consent.
VII If the contracting party uses a credit card to pay for the SHS Hotels GmbH services where advance payment is necessary (e.g. Guaranteed bookings or general prepaid orders) without physically presenting the card (via telephone, internet, etc.), the contracting party is not entitled to contest this charge with the issuer of the credit card.
5 Withdrawals, Cancellations, Reductions
I Reservations placed by the contracting party are mutually binding. In cases where there is no agreed upon or an already expired right of withdrawal, no legal right of withdrawal or cancellation, and where the SHS Hotels GmbH does not agree to void the contract, the SHS Hotels GmbH retains the claim to the agreed upon payment, notwithstanding the fact that the service is unclaimed. The SHS Hotels GmbH has to offset this claim with the income from other usage of the rooms as well as incurred savings. Should the rooms remain vacant, the SHS Hotels GmbH can deduct for saved expenses. In this case, the contracting party is obligated to pay certain parts of the contractually agreed upon full price with or without breakfast. A list of these parts can be obtained through a direct request to the hotel.
II The contracting party is free to submit proof that the aforementioned claim was not incurred, or incurred at a lesser amount.
III Should the SHS Hotels GmbH be able to provide the canceled service to a third party during the contracted time, the contracting party’s liability is reduced by the amount paid by the third party for the service up to but not exceeding the total original payment.
IV General terms for reservations and cancellations:
Cancellation is possible free of charge up until 48 hours before the day of arrival, after which a cancellation fee of 100% of the first night’s price will be charged. In case arrival was guaranteed via deposited credit card, the SHS Hotels GmbH is entitled to withdraw the cancellation fee directly from the credit card.
These terms are not valid for group bookings and otherwise specified offers.
V Terms for cancellation on special dates.
Free of charge up until 15 days before arrival..
60% of total amount payable starting 14 days before arrival.
100% of total amount payable starting 7 days before arrival.
VI The following periods of time are considered special dates:
Easter weekend, Pentecost weekend, Advent weekends, New Years Eve as well as special events.
6 Withdrawals and Cancellations by the SHS Hotels GmbH
I According to legal regulations, the SHS Hotels GmbH is entitled to withdraw from the contract (§ 323 BGB) or cancel the contract (§ 314) in the following cases:
- a) the contracting party fails to fulfill an obligation
- b) fulfillment of the contract is not possible due to force majeure, strike or other circumstances outside of the SHS Hotels GmbH control
- c) the contracting party makes wrong or misleading statements about substantial data
- d) the contracting party uses the SHS Hotels GmbH name for advertising purposes without prior written consent
e) Rooms subject to the contract are wholly or partially sublet without the SHS Hotels GmbH written consent
f) the SHS Hotels GmbH has reasonable grounds for the assumption that the usage of services will negatively impact the smooth operation, the security or the public image of the SHS Hotels GmbH.
II the SHS Hotels GmbH is obligated to inform the contracting party in writing of the cancellation or withdrawal without delay, within at most 14 days of discovering the cause. Cancellations/Withdrawals of this type do not result in any liability for damages or other compensation. The SHS Hotels GmbH claims to eventual damages and compensation for expenses already incurred remain intact in case of legitimate cancellation/withdrawal.
7 The SHS Hotels GmbH Liability, Items Brought, Statute of Limitations
I the SHS Hotels GmbH is liable for all legal and contractual claims only in case of deliberate or grossly negligent conduct.
II the SHS Hotels GmbH is liable for slight negligence in exceptional cases:
- a) Cases grounded in breach of essential contractual duties. In these cases liability is limited to predictable damage typical to the contract.
- b) Cases of injury to life, limb or health.
III the SHS Hotels GmbH is not liable for consequential or indirect damages.
IV Exclusions and limitations of liabilities are equally applicable to all subcontracted entities the SHS Hotels GmbH uses to fulfill its contractual obligations. They are not applicable if the SHS Hotels GmbH issues a guarantee for the constitution of a thing or in case of maliciously concealed errors.
V The contracting party is obligated to report visible defects to the hotel immediately, at departure the latest.
VI Items brought by the contracting party fall under the legal provisions of §§ 701 ff BGB.
VII Items left behind by the contracting party or guests will be delivered only upon request and at the risk and cost of the contracting party. The SHS Hotels GmbH keeps items for 12 months and charges reasonable storage costs. After this time period, items having recognizable value are given to the local lost property office.
VIII Any claims the contracting party has against the SHS Hotels GmbH arising from or related to the contract expire after one year, starting with the end of the year in which the underlying circumstance arose and the contracting party has or should without gross negligence have received knowledge of it.
8 Additional Provisions for Package Tour Contract
I In cases where the SHS Hotels GmbH service obligations are comprised of the organization of recreational activities in addition to provision of room and board, this establishes a package tour contract.
II The contracting party cannot claim damages for changes, deviations or reductions of specific activities of a package tour that become necessary after conclusion of the contract, provided they are merely inessential.
III The SHS Hotels GmbH is not liable for damages suffered by the contracting party due to the utilization of a special service by a third party. The contracting party is here directed to claiming eventual damages from the specific provider of the special service.
9 Place of Performance and Payments, Jurisdiction, Side Agreements, Partial Invalidity
I Place of Performance and Payments for both sides is the seat of the SHS Hotels GmbH.
II Austrian law is applied.
III With the exception of private end users, Vienna is agreed upon as the exclusive legal venue for all claims arising out of or as a result of the particular contract.
Vienna, October 2014
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