General Terms and Conditions with Customer Information Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Start and End of Accommodation – Withdrawal from the Accommodation Contract
by the Provider
6. Provision of Substitute Accommodation
7. Warranty
8. Rights and Obligations
9. Liability of the Provider
10. Pet Policy
11. Applicable Law
12. Termination of the Accommodation Contract – Early Termination
13. Information on Online Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of
SIF Vermietungs GmbH
Tegetthoffstrasse 7
1010 Vienna, Austria
T: +43-1-914 55 65
E: office@klimt-hotel.at
(hereinafter referred to as “Provider”) apply to all contracts concerning the rental
of rooms & apartments for accommodation as well as all other related services and deliveries rendered to the guest (hereinafter
the Apartment Contract) that a consumer or entrepreneur (hereinafter referred to as “Guest”) concludes with the Provider regarding the services offered by the Provider in its online shop. The inclusion of
the customer’s own conditions is hereby opposed, unless otherwise agreed.
1.2 Definitions
“Provider”: is a natural or legal person who accommodates guests for a fee.
“Guest”: is a natural person who makes use of accommodation. The Guest is usually also the contractual partner. Guests also include those who travel with the contractual partner (e.g., family members, friends, etc.).
“Contractual Partner”: is a natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” in the sense of these GTC refers to any natural person who concludes a legal transaction for purposes that can mostly not be attributed to either their commercial or independent professional activity.
“Entrepreneur” in the sense of these GTC is a natural or legal person or a legal partnership that acts in the course of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract
2.1 The product and service descriptions contained in the provider’s online shop do not constitute binding offers from the Provider, but serve to submit a binding offer by the contractual partners.
2.2 The contractual partner can submit the offer via the integrated online booking form in the Provider’s online shop. After completing the electronic booking process, the contractual partner submits a legally binding contractual offer concerning the goods or services contained in the shopping cart by clicking the button that finalizes the booking process. Furthermore, the contractual partner can also submit the offer by telephone or email to the Provider.
2.3 The accommodation contract is concluded by the acceptance of the contractual partner’s order by the Provider. The Provider can accept the contractual partner’s offer within one day by sending the contractual partner a written order confirmation or an order confirmation in text form (fax or email), whereby in this respect the arrival of the order confirmation at the contractual partner is decisive.
If the Provider does not accept the offer of the contractual partner within the aforementioned period, this is considered a rejection of the offer, resulting in the contractual partner no longer being bound by its declaration of intent.
2.4 The Provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a down payment. In this case, the Provider is obliged to inform the contractual partner of the required down payment before accepting the contractual partner’s order. If the contractual partner agrees to the down payment, the Provider already declares the acceptance of the contractual partner’s offer at the moment the customer initiates the payment process by clicking the button that finalizes the ordering process. This does not apply to down payments made by credit card, in which case the Provider must accept the booking for the contract to come into effect.
The contractual partner is obliged to pay the down payment at the latest 3 days (incoming) before the accommodation, or on the next working day if the accommodation is less than 3 days away. The costs for the money transaction (e.g., transfer fees) are borne by the contractual partner. The down payment is a partial payment of the agreed fee.
2.5 When making an offer via the Provider’s online order form, the contractual text will be saved by the Provider and sent to the contractual partner after sending their order together with the current GTC in text form (e.g., email, fax, or letter). Additionally, the contractual text will be archived on the Provider’s website and can be requested by the contractual partner.
2.6 Before the binding submission of the order via the Provider’s online order form, the contractual partner can recognize possible input errors by carefully reading the information displayed on the screen. The contractual partner can correct their entries within the framework of the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that finalizes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and communication typically take place via email and automated order processing. The contractual partner must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at this address. In particular, the contractual partner must ensure that all emails sent by the Provider or by third parties commissioned with order processing can be delivered when using spam filters.

3) Right of Withdrawal of the Contractual Partner – Cancellation Fee
3.1 Consumers have a fundamental right of withdrawal.
3.2 According to § 18 FAGG, a right of withdrawal exists unless otherwise agreed for contracts for providing services in the areas of accommodation for purposes other than residential purposes, as well as delivery of food and beverages and services provided in connection with leisure activities, provided that a specific time or period for the fulfillment of the contract by the entrepreneur has been contractually provided. Thereafter, a right of withdrawal is also excluded for contracts subject to time-bound room bookings, as in this instance.
3.3 If the accommodation contract has been concluded with a standard (“refundable”) rate, it can be canceled without a cancellation fee by unilateral declaration by the contractual partner up to 14 days before the agreed arrival date of the guest. Thereafter, a withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:

For booking the “Standard (refundable) Rate” for individual travelers
up to 14 days from arrival no cancellation fees
up to 5 days before arrival 50% of the gross price
from 5 days before arrival or
in case of no-show 90% of the gross price

For booking the “non-refundable rate,” the total gross price is due upon any cancellation or rebooking. Thus, no free cancellation or rebooking is possible after booking. All cancellations,
changes, or no-shows will be charged the full amount.

For group bookings (more than 10 people), separate cancellation conditions apply:

For group bookings
up to 60 days before arrival no cancellation fees
from 59 to 14 days before arrival 50% of the gross price
from 13 to 3 days before arrival 85% of the gross price
from 2 days or in case of no-show 100% of the gross price

4) Prices and Payment Terms
4.1 Unless otherwise stated in the description of the Provider, the prices listed are total prices that include the statutory value-added tax and charges.
4.2 The payment option(s) will be communicated to the customer in the Provider’s online shop.

5) Start and End of Accommodation – Withdrawal from the Accommodation Contract by the Provider
5.1 The contractual partner has the right to occupy the rented rooms from 14:00 on the agreed day (“Arrival Day”), unless the Provider offers another reference time. If a room is first occupied before 14:00, the preceding night counts as the first overnight stay unless otherwise agreed with the reception in advance.
5.2 The rented rooms must be vacated by the contractual partner by 10:00 on the day of departure. The Provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
5.3 If the accommodation contract provides for a down payment and the down payment has not been made by the contractual partner in a timely manner, the Provider may withdraw from the accommodation contract without a grace period.
5.4 If the guest does not appear by 24:00 on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed. If the contractual partner has made a down payment, the premises will remain reserved at the latest until 24:00 on the day following the agreed arrival day, with the stay being charged from the agreed arrival day.
5.5 The Provider may cancel the accommodation contract with one month’s notice for valid reasons unless another agreement has been made, by unilateral notification. In case of hindrances to arrival.
5.7 If the contractual partner is unable to appear on the day of arrival because all travel possibilities are impossible due to unforeseen exceptional circumstances (e.g., heavy snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay revives once travel is possible again if the arrival becomes possible again within three days.

6) Provision of Substitute Accommodation
6.1 The Provider may offer the contractual partner or the guests adequate substitute accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and factually justified.
6.2 A factual justification is available, for example, if the room(s) has become unusable, already checked-in guests extend their stay, there is overbooking, or other significant operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation will be borne by the Provider.

7) Warranty
The Provider is obliged to provide the agreed services to the extent corresponding to its standard. If the service is defective, the statutory warranty regulations apply. Deviating from this:
7.1 For entrepreneurs, the Provider has the choice of the type of subsequent fulfillment in the case of repairable defects.

8) Rights and Obligations
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts that have arisen due to the use of separate services by them and/or the guests accompanying them plus statutory value-added tax, at the latest by the time of departure.
8.2 The Provider is not obliged to accept foreign currencies.
8.3 The contractual partner is liable to the Provider for any damage caused by themselves, the guest, or other persons receiving services from the Provider with their knowledge or will, who cause harm to the Provider.
8.4 If the contractual partner refuses to pay the agreed fee or is in arrears with payment, the Provider retains the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien according to § 1101 ABGB on the property brought in by the contractual partner or the guest. This right of retention or lien also serves the Provider to secure its claims from the accommodation contract, especially for meals, other expenses incurred for the contractual partner, and for any claims for damages of any kind.
8.4 The Provider has the right to an immediate invoice or interim invoice at any time.

9) Liability of the Provider
9.1 The Provider is liable to the customer for all contractual, statutory, and tortious claims for damage and reimbursement of expenses as follows.
9.2 The Provider’s liability is generally excluded for slight negligence, except for personal injury. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence, unless it is a case of grossly negligent misconduct.
9.3 For objects brought in, the Provider is additionally liable according to §§ 970 ff ABGB for the objects brought in by the contractual partner. The Provider’s liability exists only if the items were handed over to the Provider or to persons authorized by the Provider or brought to a location designated for this purpose. The Provider is not liable if it can prove that the damage was neither caused by itself nor by its personnel or by other persons entering or leaving the premises (burden of proof). If the injured party has contributed to the occurrence of the damage, the obligation to compensate may be reduced or excluded. The Provider is liable for valuables, money, and securities only up to an amount of €250.00. Otherwise, liability is limited to €550.00. Beyond these amounts, the innkeeper is liable if they have accepted the items for safekeeping in knowledge of their nature or if the damage was caused intentionally or grossly negligently by them or one of their employees. The safekeeping of valuables, money, and securities may be refused by the Provider if they are considerably more valuable than the items typically entrusted to the accommodation establishment.
If the contractual partner or the guest does not promptly comply with the Provider’s request to store their items in a special storage location, the Provider is released from all liability.

10) Pet Policy
10.1 Animals are generally not allowed in the accommodation establishment and may only be brought into the accommodation establishment in exceptional situations and with prior approval from the Provider and possibly against special remuneration.
10.2 The contractual partner bringing an animal is obliged to properly keep or supervise this animal during their stay or to have it kept or supervised at their expense by suitable third parties.
10.3 The contractual partner or guest bringing an animal must have appropriate pet liability insurance or personal liability insurance that also covers potential damages caused by animals. Proof of the appropriate insurance must be provided at the request of the Provider.
10.4 The contractual partner or their insurer is liable to the Provider jointly for damages caused by brought animals. Damage includes, in particular, any compensation the Provider must pay to third parties.

11) Termination of the Accommodation Contract – Early Termination
11.1 If the accommodation contract is concluded for a specified period, it ends with the expiration of that period.
11.2 If the contractual partner departs early, the Provider is entitled to demand the full agreed fee. The Provider will deduct what it has saved as a result of the non-utilization of its services or what it has received by renting out the reserved rooms to others. A savings exists only if the accommodation business is fully occupied at the time of non-utilization of the rooms ordered and the reserved room can be rented to other guests due to the contractual partner’s cancellation. The burden of proof for savings lies with the contractual partner.
11.3 The contract with the Provider ends in the event of the death of a guest.
11.4 In the event of a contract being concluded for an indefinite period, the parties may terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
11.5 The Provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contractual partner or the guest.
a) makes significant detrimental use of the premises or through their reckless, objectionable, or otherwise grossly improper behavior annoys other guests, the owner, their staff, or the third parties residing in the accommodation establishment or engages in acts punishable by law against property, morality, or physical safety;
b) is afflicted with an infectious disease or a disease that extends beyond the duration of the accommodation or otherwise becomes in need of care;
c) fails to pay the presented invoices within a reasonable period set (3 days) upon their due date.
11.6 If the fulfillment of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the Provider can terminate the accommodation contract at any time without notice, unless the contract is already considered canceled by law or the Provider is exempt from its obligation to provide accommodation. Any claims for damages, etc., from the contractual partner are excluded.

12) Applicable Law/Jurisdiction
12.1 For all legal relationships of the parties, the law of the Republic of Austria applies, excluding UN sales law. This choice of law for consumers applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
12.2 If the contractual partner is an entrepreneur in the sense of paragraph 1.2, the place of business of the Provider is agreed as the exclusive place of jurisdiction. For contractual partners who are consumers, both for claims by the entrepreneur against the consumer and for claims by the consumer against the entrepreneur, the place of jurisdiction is at the consumer’s residence if the consumer has their residence in the EU but not in Austria. If the consumer has their residence or habitual residence in Austria, they may only be sued in the court whose jurisdiction covers the residence or habitual residence; the entrepreneur can in such cases only be sued by the contractual partner at its place of business unless another place of jurisdiction is legally provided.

13) Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.