GENERAL TERMS AND CONDITIONS
of the Homebound Apartments
These terms and conditions apply to all contracts for the rental of apartments (units) for accommodation that are concluded between RK3 Verwaltungs GmbH (“Homebound”) and a guest (together “parties”), as well as to all other services and deliveries provided by RK3 Verwaltungs GmbH (accommodation contract), unless the parties have made an individual agreement.
Other terms and conditions are not recognized or only apply if this has been expressly agreed between the parties beforehand.
Conclusion of contract
1. By making a reservation, the guest offers to conclude an accommodation contract. If the booked unit is available, the guest will receive a reservation confirmation from Homebound. By accepting the reservation made by the guest, an accommodation contract is concluded between Homebound and the guest. However, the guest does not acquire any right to the provision of specific units unless this has been expressly agreed in text form as part of the accommodation contract.
2. Contractual partners are Homebound and the guest who uses the hotel’s services. If a third party has ordered for the guest, they are liable to the hotel together with the guest as joint debtor for all obligations arising from the corresponding accommodation contract.
3. To make a booking, the booker must be at least 18 years old. Unaccompanied minors are not eligible to stay in a unit.
1. Homebound’s offers regarding available units are subject to change and non-binding. Therefore, Homebound can refuse to conclude an accommodation contract at its own discretion.
2. There is no entitlement to use the overnight service in a specific unit. Homebound reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for specific dates.
1. A reservation is guaranteed when payment has been received from the guest. A guaranteed reservation can be canceled free of charge by the guest in accordance with the cancellation conditions shown, stating the reservation number. The customer’s right of cancellation expires if he does not exercise his right to withdraw from Homebound by the agreed date.
2. After the cancellation period has expired, cancellation is excluded and Homebound retains the right to the agreed remuneration – despite non-use of the service – less any expenses saved. The same applies if the guest fails to appear (no show) or if the guest departs earlier than agreed. In the case of multi-day guaranteed reservations, all subsequent nights from and including the second night will be canceled in the event of no-show and the guest is not entitled to the subsequent nights.
3. Simple reservations, i.e. reservations for which payment by the guest is not yet guaranteed, are valid up to 5 days before the day of arrival. After 6 p.m. the reservation expires automatically and free of charge. Homebound is entitled to rent the reserved room to someone else.
Overnight prices and other prices
1. The prices shown by Homebound at the time the contract is concluded apply. The applicable prices are total gross prices and include all statutory taxes, fees and charges. Not included and calculated separately are local taxes that are owed by the guest themselves according to the respective municipal law, such as visitor’s tax.
2. Homebound reserves the right to adjust the prices accordingly in the event of a change in tax, fee and levy rates and the effective levying of new taxes, fees and levies previously unknown to the parties. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the adjustment of the contract exceeds four months.
3. Homebound can make its consent to a subsequent reduction in the number of booked units, Homebound’s service or the guest’s length of stay dependent on the price for the units and/or other Homebound services increasing.
Terms of payment
1. The price of the entire booked accommodation service must always be paid in advance by the guest.
2. Valid means of payment are MasterCard, Visa Card, Diners Club, American Express and JCB. You also have the option of paying by direct transfer. Cash payments are excluded.
3. Homebound reserves the right to debit the deposited means of payment with the outstanding amounts for subsequent fees incurred as a result of additional services used or violations of the General Terms and Conditions, in particular contractual penalties.
4. Invoices from Homebound without a due date are payable immediately upon receipt of the invoice without deduction.
Uses of Reserved Units
1. A reserved unit is available to the guest from 3 p.m. on the day of arrival until 10 a.m. on the day of departure. The guest has no right to earlier or later provision in the aforementioned sense.
2. On request and depending on availability, a later departure (late check-out) can be arranged with Homebound in advance. If Homebound agrees to a late check-out, Homebound is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the unit. For departures after 2pm, the full daily rate (according to Homebound’s website) of the unit will be charged. There is no contractual right to a late check-out.
3. If a guest does not vacate the unit by 10:00 a.m. at the latest, Homebound can charge 50% of the full daily price (list price) due to the delayed vacating of the unit for its contractual use up to 2:00 p.m., thereafter 100%.
4. On request and depending on availability, an earlier arrival (early check-in) can be arranged with Homebound in advance. If Homebound agrees to an early check-in, Homebound is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the unit. There is no contractual right to an early check-in.
1. The resale/rental and/or the brokering of booked units is prohibited. In particular, the forwarding of units and/or unit quotas to third parties at higher prices than the actual unit prices is not permitted. The assignment or sale of the claim against Homebound is also not permitted. In these cases, Homebound is entitled to cancel the booking, especially if the guest has given false information to the third party about the type of booking or the payment during the assignment/sale.
2. The subletting of the provided unit, its use for purposes other than accommodation and the use of areas outside the rented premises for advertising measures, job interviews, sales and similar events require the prior express consent of Homebound in text form.
3. Use of the unit for any purpose other than accommodation, in particular any commercial use by the guest, is expressly prohibited.
Liability of Homebound
1. If the contractual partner is a consumer, the accommodation provider’s liability for slight negligence, with the exception of personal injury, is excluded. Homebound refers and restricts consumers according to Section 6, Paragraph 1, Item 9 of the Consumer Protection Act.
2. If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the level of trust.
3. If the guest is provided with a parking space, even for a fee, this does not result in a safekeeping contract. Homebound is not obligated to monitor. In the event of loss or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents, Homebound is only liable in the event of intent or gross negligence. The guest is obliged to report any damage immediately, obvious damage, at least before leaving the parking facility. Homebound is not liable for damage for which other tenants or other third parties are solely responsible.
4. All claims against Homebound generally lapse within one year from the start of the statutory limitation period. This does not apply to consumers.
5. Homebound accepts no liability for lost property. Lost property will only be returned upon request, for a fee and a processing fee of EUR 10.00. The accommodation provider undertakes to store it for a period of thirty days.
6. Items left behind by the guest will be forwarded to the guest upon request at the risk and expense of the guest. Homebound stores the items for thirty days and charges a reasonable, customary fee for this, which depends on the effort involved in storing them. After the retention period has expired, the items will be handed over to the local lost and found office if they have a recognizable value.
7. § 1097 ABGB do not apply. Homebound is not liable for theft of or damage to clothing or items brought by the customer or those accompanying them.
8. Homebound assumes no responsibility or liability for any damage, theft or loss of items stored or parked in the luggage compartment, public areas or common areas.
1. In order to ensure communication with the guest, Homebound collects the e-mail address and telephone number. To verify the identity of the guest, Homebound is entitled to digitally request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport) and valid credit card data at check-in.
2. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, Homebound is entitled to cancel the booking.
3. To avoid defective bookings, Homebound uses software solutions that use the requested data (email address, home address, telephone number, credit card, etc.) to determine a so-called “fraud prevention score” for each guest and identify defective bookings. Should the software recognize such a booking, Homebound reserves the right to cancel the booking.
Termination of the accommodation contract
1. Homebound is entitled to terminate the accommodation contract for good cause. An important reason exists in particular if
(i) force majeure or other circumstances for which Homebound is not responsible make it impossible to fulfill the accommodation contract,
(ii) units are culpably booked with misleading or false information or with the omission of material facts; The identity of the guest, the ability to pay or the purpose of the stay can be essential, but not exclusively,
(iii) Homebound has reasonable grounds to assume that the use of the service may endanger the smooth running of business, the security or the reputation of Homebound and its locations in public, without this being attributable to Homebound’s sphere of control or organization;
(iv) the purpose or occasion of the stay is unlawful; or
(v) in the event of resale/rental and/or resale (see Clause 7).
(vi) There is also an important reason if the guest otherwise violates the General Terms and Conditions.
2. For the rest, Homebound is entitled to withdraw from the accommodation contract if it has been agreed in text form that the guest can withdraw from the accommodation contract free of charge within a certain period of time.
3. Homebound must inform the guest of the exercise of the right of termination without delay.
4. If Homebound gave notice of termination due to a circumstance for which the guest is responsible or for a reason in accordance with point 1 above, Homebound is also entitled to cancel future bookings of the guest, this also applies if these have already been confirmed by Homebound or to refuse.
5. In the event of justified termination by Homebound, the guest is not entitled to compensation.
No smoking in the unit
1. The units are non-smoking units. It is therefore forbidden to smoke in the common areas as well as in the guest units.
2. Violation of our general smoking ban represents a breach of contract and will be punished by Homebound with a contractual penalty of EUR 150.00.
3. We expressly reserve the right to further compensation for damages due to increased cleaning costs and possible loss of sales resulting from the unit not being able to be rented out.
4. The smoke detectors fixed in the building are connected directly to the control center of the fire brigade or the fire protection officer. The guest is fully liable for the negligent or intentional triggering of the fire alarm system, but at least to the amount of the costs actually incurred.
No celebrations in the unit
1. In principle, noise should be avoided in the booked unit, in the shared rooms and on the surrounding area.
2. Celebrations or parties are not permitted in the.
Damage or theft
1. The guest must treat the unit with care and, in particular, avoid gross soiling. If there is soiling that goes beyond normal use during the guest’s stay or after their departure, Homebound has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). put.
2. If there is damage that goes beyond normal use or theft, Homebound has the right to charge the guest for the damage as well as the separate expenses for repairing the damage, including any loss of revenue from the unit being unable to be rented as a result . Even slight negligence justifies the guest’s obligation to pay compensation.
3. The same applies to damage caused by third parties, insofar as they are on the premises of Homebound at the instigation of the customer.
4. The intentional damage to inventory, pieces of furniture or the unit itself also constitutes a breach of contract and will be punished by Homebound with a contractual penalty of EUR 150.00 per case of damage. This also applies to the removal of inventory or pieces of furniture or the disruption of technical systems, in particular the smoke detector.
1. Bringing a pet is only allowed on request. Due to the additional effort involved in cleaning, Homebound charges EUR 30.00 per dog and stay.
2. However, guide dogs, deaf dogs and other comparable service dogs are exceptions. These may be carried free of charge and at any time against proof.
3. If a pet stays in a unit without permission, Homebound will charge a flat rate of EUR 150.00 for an extra cleaning fee.
1. The guest undertakes to treat the provided unit, the furnishings and the rooms, facilities and systems intended for joint use with care and care.
2. The guest also undertakes to check the facility for completeness and usability when moving into the unit and to report any complaints to the accommodation provider immediately.
3. The guest is liable for all damage to the provided unit, the furnishings and the rooms, facilities and systems intended for communal use, which he or his visitors culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear. The guest must notify Homebound immediately of any damage caused to the unit provided.
Homebound provides the guest with internet access within the scope of the existing technical and operational possibilities. Disturbances, for example due to force majeure, maintenance measures or similar cannot be ruled out.
1. The equipment of the unit and the respective range of services on site correspond to the homebound standard and may deviate from the country-specific criteria of the respective star category.
2. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of applications or these general terms and conditions must be in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
3. The place of performance and payment is the seat of the respective accommodation facility.
4. The exclusive place of jurisdiction for commercial transactions is Salzburg.
5. Austrian law applies. The application of the UN sales law and the conflict of laws is excluded.
6. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.
7. The accommodation provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.