Terms and Conditions
Scope of Application
These Terms and Conditions apply to all contracts for the rental of apartments (unit) for accommodation purposes concluded between RK3 Verwaltungs GmbH (“Homebound”) and a guest (together the “Parties”), as well as to all further services and deliveries provided by RK3 Verwaltungs GmbH (Accommodation Agreement), unless the Parties have made individual agreements.
Other terms and conditions are not recognized or shall only apply if expressly agreed upon in advance by the Parties.
Conclusion of Contract
- By making a reservation, the guest offers to conclude an accommodation agreement. If the reserved unit is available, the guest will receive a reservation confirmation from Homebound. This acceptance of the guest’s reservation establishes an accommodation agreement between Homebound and the guest. However, the guest does not acquire a right to the provision of specific units unless expressly agreed in writing as part of the accommodation agreement.
- The contracting parties are Homebound and the guest using the accommodation. If a third party makes the reservation on behalf of the guest, this third party shall be jointly and severally liable with the guest for all obligations under the relevant accommodation agreement.
- To make a reservation, the booking person must be at least 18 years old. Unaccompanied minors are not permitted to stay in a unit.
Reservations
- Offers by Homebound regarding available units are non-binding and subject to change. Therefore, Homebound may, at its discretion, refuse to conclude an accommodation agreement.
- There is no entitlement to an overnight stay in a specific unit. Homebound reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees, or deposits for certain dates.
Cancellation Deadlines
- A reservation is considered guaranteed when the guest’s payment has been received. A guaranteed reservation may be canceled by the guest free of charge in accordance with the specified cancellation terms by providing the reservation number. The customer’s right to cancel expires if they do not exercise their right to withdraw by the agreed date.
- After the cancellation deadlines have passed, cancellation is excluded, and Homebound retains the right to the agreed compensation – minus any saved expenses – despite non-utilization of the service. This also applies in the event of no-shows or if the guest departs earlier than agreed. For multi-day guaranteed reservations, all subsequent nights from the second night onwards will be canceled in the event of a no-show, and the guest has no entitlement to the subsequent nights.
- Simple reservations, i.e., reservations not yet guaranteed by guest payment, are valid up to 5 days before the day of arrival. After 6 p.m., the reservation automatically and free of charge expires, and Homebound may rent out the reserved unit to others.
Overnight and Other Rates
- The applicable prices are those indicated by Homebound at the time of contract conclusion. The prices are total gross prices and include all applicable taxes, fees, and charges. Local charges, such as tourist taxes, are not included and will be billed separately as required by municipal law.
- In the event of changes to tax rates, fees, or charges, as well as the imposition of new taxes, fees, and charges not previously known to the parties, Homebound reserves the right to adjust prices accordingly. For contracts with consumers, this applies only if the period between contract conclusion (booking confirmation) and contract adjustment exceeds four months.
- Homebound may condition its consent to a reduction in the number of booked units, Homebound’s service, or the length of stay requested by the guest upon an increase in the unit price and/or the price for Homebound’s other services.
Payment Terms
- The total price for the booked accommodation services must always be paid in advance by the guest.
- Accepted payment methods are MasterCard, Visa Card, Diners Club, and JCB. Cash payments are excluded.
- For subsequent charges arising from additional services used or violations of the Terms and Conditions, particularly incurred penalties, Homebound reserves the right to charge the amounts owed to the provided payment methods.
- Homebound invoices without a due date are payable immediately upon receipt without deduction.
Usage of Reserved Units
- A reserved unit is available to the guest from 3:00 p.m. on the day of arrival until 10:00 a.m. on the day of departure. The guest has no right to earlier or later provision.
- Upon request and subject to availability, a later departure (Late Check-out) may be arranged in advance with Homebound. If Homebound agrees to a Late Check-out, it is entitled to charge €10.00 per additional hour. For departures after 2:00 p.m., the full daily rate (according to Homebound’s website) will be charged. There is no contractual right to a Late Check-out.
- Should a guest fail to vacate the unit by 10:00 a.m., Homebound may charge 50% of the full daily rate (list price) for the unit’s overdue use until 2:00 p.m., and thereafter 100%.
- Upon request and subject to availability, an early arrival (Early Check-In) may be arranged in advance. If Homebound agrees to an Early Check-In, it is entitled to charge €10.00 per additional hour. There is no contractual right to an Early Check-In.
Resale and Subletting
- The resale/rental or transfer of reserved units is prohibited. Reselling units or unit quotas to third parties at prices higher than the actual unit prices is also prohibited. The assignment or sale of claims against Homebound is not permitted. In such cases, Homebound is entitled to cancel the booking, especially if the guest has provided incorrect information regarding the booking or payment.
- Subleasing the provided unit or using it for purposes other than accommodation, as well as using spaces outside the rented premises for advertising, interviews, sales, or similar events, requires prior express written approval from Homebound.
- Using the unit for any purpose other than accommodation, especially for commercial use, is explicitly prohibited.
Homebound’s Liability
- If the contracting party is a consumer, the hotel’s liability for slight negligence is excluded, except in cases of personal injury. Homebound refers to and limits liability for consumers under § 6 para. 1 No. 9 of the Consumer Protection Act.
- If the contracting party is a business, the hotel’s liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for fault. Consequential, intangible, or indirect damages and lost profits are not compensated.
- If a parking space is provided to the guest, even for a fee, this does not constitute a safekeeping agreement. Homebound has no duty of supervision. In the event of loss or damage to vehicles or bicycles parked or maneuvered on the property or their contents, Homebound is only liable in cases of intent or gross negligence. The guest is obliged to report any damage immediately, and obvious damage in any case before leaving the parking facility. Homebound is not liable for damages caused solely by other tenants or third parties.
- All claims against Homebound generally expire within one year from the statutory commencement of the limitation period. This does not apply to consumers.
- Homebound assumes no liability for lost property. Lost property will only be returned upon request, for a fee, and against a processing fee of EUR 10.00. The accommodation establishment undertakes to store it for a period of thirty days.
- Items left behind by the guest will be forwarded to them upon request, at the guest’s risk and expense. Homebound will store the items for thirty days and charge a reasonable, customary fee for this, based on the effort involved in safekeeping. After the storage period expires, items of recognizable value will be handed over to the local lost and found office.
- § 1097 ABGB does not apply. Homebound is not liable for theft or damage to clothing and items brought by the customer and their companions.
- Homebound assumes no responsibility or liability for damage, theft, or loss of items stored or placed in the luggage room, publicly accessible, or common areas.
Guest Data
- To ensure communication with the guest, Homebound mandatorily collects the email address and telephone number. To verify the guest’s identity, Homebound is entitled to digitally request the following valid identification document (for domestic guests, an ID card or passport; for foreign guests, a passport) and valid credit card details upon check-in.
- Should the identity of a guest not be unequivocally clarified due to missing or incorrect documents, Homebound is entitled to cancel the booking.
- To prevent fraudulent bookings, Homebound uses software solutions that determine a so-called “Fraud Prevention Score” for each guest based on the requested data (email address, residential address, telephone number, credit card, etc.) and identify fraudulent bookings. Should the software detect such a booking, Homebound reserves the right to cancel the booking.
Termination of the Accommodation Agreement
- Homebound is entitled to terminate the accommodation agreement for good cause. Good cause exists in particular if (i) force majeure or other circumstances beyond Homebound’s control make the fulfillment of the accommodation agreement impossible, (ii) units are booked culpably under misleading or false information or by concealing essential facts; essential facts may include, but are not limited to, the guest’s identity, solvency, or purpose of stay, (iii) Homebound has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, 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/subletting and/or further brokerage (see Section 7). (vi) Good cause also exists if the guest otherwise violates the General Terms and Conditions.
- Furthermore, Homebound is entitled to withdraw from the accommodation agreement, provided that it has been agreed in text form that the guest can withdraw from the accommodation agreement free of charge within a certain period.
- Homebound must notify the guest immediately of the exercise of the right of termination.
- If Homebound terminates due to a circumstance for which the guest is responsible or for a reason according to the aforementioned Section 1, Homebound is entitled to cancel or reject future bookings of the guest, even if these have already been confirmed by Homebound.
- In the event of a justified termination by Homebound, the guest has no claim for damages.
No Smoking in the Unit
- The units are non-smoking units. It is therefore prohibited to smoke in the common areas as well as in the guest units.
- Violation of our general smoking ban constitutes a breach of contract and will be penalized by Homebound with a contractual penalty of EUR 150.00.
Further claims for damages due to increased cleaning costs and potential loss of revenue from the inability to rent out the unit as a result are expressly reserved. - The smoke detectors installed in the building are directly connected to the fire department control center or the fire safety officer. The guest is fully liable for the negligent or intentional triggering of the fire alarm system, at least to the extent of the actual costs incurred.
No Parties in the Unit
- As a general rule, noise must be avoided in the booked unit, the common areas, and on the surrounding premises.
- Parties are not permitted on the premises.
Damage or Theft
- The guest must treat the unit with care and, in particular, avoid excessive soiling. If soiling beyond normal use occurs 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).
- In the event of damage beyond normal use or theft, Homebound has the right to charge the guest for the damage as well as the separate expenses for rectifying the damage, including any loss of revenue from the inability to rent out the unit as a result. Even slight negligence establishes the guest’s obligation to compensate.
- The same applies to damages caused by third parties, insofar as they are on Homebound’s premises at the customer’s instigation.
- Intentional damage to inventory, furniture, or the unit itself also constitutes a breach of contract and will be penalized by Homebound with a contractual penalty of EUR 150.00 per incident. This also applies to the removal of inventory or furniture or the disturbance of technical equipment, especially smoke detectors.
Pets
- Bringing a pet is only permitted upon request. Due to the additional cleaning effort, Homebound charges EUR 30.00 per dog per stay.
- However, guide dogs, hearing dogs, and other comparable service dogs are an exception. These may be brought along free of charge at any time upon proof.
- If a pet is present in a unit without permission, a flat fee of EUR 150.00 will be charged by Homebound for a special cleaning fee.
Maintenance
- The guest undertakes to treat the assigned unit, the furnishings, and the rooms, facilities, and equipment designated for common use with care.
- The guest further undertakes to check the furnishings for completeness and serviceability upon occupying the unit and to report any complaints immediately to the accommodation establishment.
- The guest is liable for all damages to the assigned unit, the furnishings, and the rooms, facilities, and equipment designated for common use, which he or his visitors have culpably caused through improper use and which are not attributable to normal wear and tear. The guest must immediately report all damages occurring in the assigned unit to Homebound.
Internet Use
Homebound provides the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance work, or similar, cannot be ruled out.
Privacy Policy
Homebound’s privacy policy can be found at
https://www.homebound-apartments.com/de/datenschutz
Final Provisions
- The unit’s furnishings and the respective on-site service offerings comply with the Homebound standard and may deviate from the country-specific criteria of the respective star category.
- Changes and additions, as well as the cancellation of the accommodation agreement, the acceptance of the application, or these General Terms and Conditions, require written form. This also applies to the revocation of this written form clause. Unilateral changes or additions by the guest are invalid.
- The place of performance and payment is the registered office of the respective accommodation establishment.
- The exclusive place of jurisdiction for commercial transactions is Salzburg.
- Austrian law applies. The application of the UN Sales Convention and conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. Otherwise, the statutory provisions apply.
- The accommodation establishment is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.