General Terms and Conditions (GTC)
for accommodation in serviced apartments, holiday homes & hotel rooms
I. preamble
1. These General Terms and Conditions (GTC) apply to contracts for the rental of serviced apartments, holiday homes and hotel rooms for accommodation as well as for all other related services and deliveries between 111 Gröbl Wohnpark Gösting Entwicklungs GmbH, Anton-Kleinoscheg-Straße 66a, 8051 Graz (Austria) or 111 Conventuring SL Calle, Acentejo 74, E-38370 La Matanza (Santa Cruz de Tenerife) (hereinafter referred to as the accommodation provider), and the respective guest.
2. A contract will only be concluded under these conditions.
3. The following contract terms only mention the term Serviced Apartment or Apartment, but these conditions also apply to holiday homes, hotel rooms, etc., as well as all other related services.
II. Conclusion of contract
1. The accommodation contract is concluded upon acceptance of the guest's (contracting party's) booking by the accommodation provider. The accommodation provider confirms the conclusion of the contract in writing by means of a reservation or booking confirmation.
2. There is no entitlement to a specific serviced apartment. The accommodation provider reserves the right to assign the guest alternative accommodation of the same or higher quality, provided this is reasonable. Reasonableness exists in particular if the deviation is minor or if there are objective reasons, such as the unusability of the premises, the extension of an existing stay, overbooking, or operational requirements.
3. The contracting parties are the accommodation provider and the guest. If the guest books for a third party, they are liable to the accommodation provider for all obligations arising from the accommodation contract. The guest is also liable for damage to the serviced apartment, its furnishings, and the common areas caused by them or any third party they have accommodated, including damage caused by sharing the door code or losing the key.
III. Cancellation policy & withdrawal from the contract
1. Unless a free cancellation right has been agreed upon in writing, the following cancellation fees apply. For bookings made through third-party providers, their respective cancellation policies apply. Bookings made without a cancellation right will incur a cancellation fee of 100% of the total amount.
2. The amount of the cancellation fees depends on the booked accommodation:
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Kaiserapartments, Hauptplatzsuites & 111 Das Weinkitz:
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Up to 8 days before arrival: Free cancellation
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From 7 days before arrival: 50% of the total amount
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From 3 days before arrival: 100% of the total amount
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111 Villa Vino:
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Up to 31 days before arrival: Free cancellation
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From 30 days before arrival: 50% of the total amount
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From 14 days before arrival: 100% of the total amount
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El Refugio Apartments & Villa:
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Up to 60 days before arrival: Free cancellation
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From 59 days before arrival: 80% of the total amount
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From 14 days before arrival: 100% of the total amount
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3. These conditions also apply if the guest is unable to travel due to unforeseen circumstances beyond the control of the accommodation provider. Therefore, please take out travel cancellation insurance.
4. If the guest does not appear by 9 pm on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5. The accommodation contract can be terminated by the accommodation provider by unilateral declaration no later than three months before the agreed arrival date of the guest, for objectively justified reasons, unless something else has been expressly agreed.
IV. Duration of accommodation
1. The reserved serviced apartments are available to the guest from the communicated check-in time on the arrival day until the communicated check-out time on the departure day. The guest must complete the check-in form and follow the instructions no later than the arrival day.
2. On the day of departure, the serviced apartment must be vacated and returned undamaged by the check-out time. Guests are required to treat the premises with care. Children under 14 years of age must be supervised by an adult guest at all times during their stay.
3. In the event of failure to vacate the apartment on time or damage to the apartment, the guest is liable for the resulting damages incurred by the host, such as the overnight price, any costs for alternative accommodation for the duration of the unusability, as well as the costs of cleaning staff provided and additional cleaning expenses if the cleaning is postponed to a Sunday or public holiday.
4. In case of excessive soiling or violation of the no-smoking policy in the apartment, the guest shall bear all associated damages and costs, such as for additional cleaning expenses, the resulting unusability of the apartment, etc.
5. In the event of early departure by the guest under a fixed-term contract, the full rental price remains due. Any savings in costs or revenue from re-letting will only be credited if the accommodation was fully booked and the early-vacated apartment could be re-let. The guest bears the burden of proof for such savings.
6. The accommodation provider may terminate the contract with immediate effect for good cause, in particular in the case of significantly disruptive behavior by the guest or in the case of serious illnesses that extend beyond the accommodation period.
7. The contract ends with the death of the guest.
8. In cases of force majeure, such as natural disasters, strikes, or official orders, the accommodation provider may terminate the contract without notice. In these cases, the guest is not entitled to compensation.
V. Animal husbandry
1. Animals are only allowed in the apartments with the prior consent of the host and possibly for a fee.
2. Guests bringing an animal are obliged to properly keep and supervise it during their stay.
3. The guest is liable for all damages caused by animals brought onto the premises, in accordance with statutory regulations (§ 1320 ABGB). This liability includes, in particular, any compensation the accommodation provider is required to pay to third parties.
VI. Extension of stay
1. The guest has no right to a contract extension. An extension is only possible after a timely request and approval from the accommodation provider.
2. If departure is prevented by unforeseen events (e.g., extreme weather conditions, etc.), the contract is automatically extended until departure is possible. A price reduction will only be granted if the accommodation provider's services cannot be fully utilized.
VII. Fees, taxes & currency
1. The fee is a gross total amount in euros (€) and includes all statutory taxes and duties, unless otherwise agreed. Prices quoted in other currencies by third-party providers will be converted to euros by the third-party provider.
2. Additional services must be ordered and paid for separately. The host and their staff may enter the apartment at any time to fulfill their duties.
VIII. Registration requirement & tourism tax
1. The guest is obliged to fill out the check-in form or guest data sheet no later than upon arrival and to follow the instructions of the accommodation provider or their staff.
2. The guest must ensure that all fellow travelers comply with their registration obligations. Additional charges may apply for extra persons.
3. The registration requirement applies to every person staying overnight in the apartment.
IX. Rights and obligations of the host
1. If a charge to the credit card or other means of payment cannot be made, the accommodation provider has a statutory right of retention pursuant to § 970c ABGB and a lien pursuant to § 1101 ABGB on the guest's belongings brought onto the premises.
2. This right serves to secure all claims arising from the accommodation contract, in particular also for ancillary services.
X. Rights and obligations of the guest
1. By concluding the accommodation contract, the guest acquires the right to the usual use of the rented rooms.
2. The guest must exercise his rights in accordance with the applicable house rules.
3. The guest is obliged to pay the agreed fee plus any additional charges incurred due to separate services requested by him and/or his accompanying guests, plus statutory VAT, no later than the time of departure.
4. The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, they will be converted at the prevailing exchange rate. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, fees, etc.
5. The guest is liable to the accommodation provider for any damage caused by him or other persons who, with the guest's knowledge and consent, receive or use the accommodation provider's services.
XI. Liability of the accommodation provider for damage to items brought onto the premises
1. The innkeeper is liable under Sections 970 et seq. of the Austrian Civil Code (ABGB) for the guest's belongings, provided these have been handed over to him or brought to a location designated by him. Liability is limited to the legally stipulated amount in accordance with Section 970 Paragraph 1 of the ABGB.
2. Furthermore, liability is limited to the amount covered by the accommodation provider's liability insurance. Any negligence on the part of the guest will be taken into account.
3. The accommodation provider is not liable for slight negligence. For businesses, liability is also excluded in cases of gross negligence. Indirect damages and lost profits will not be compensated.
XII. Internet usage
1. The guest can use the host's free Wi-Fi.
2. The accommodation provider accepts no liability for the availability or speed of the Wi-Fi and no responsibility for virus protection or the security of data transmission. Use is at your own risk.
3. Illegal activities via the Wi-Fi network are prohibited. The guest is liable for any third-party claims arising from their use of the Wi-Fi network.
XIII. Limitations of liability
1. If the guest is a consumer, the accommodation provider's liability for slight negligence is excluded, except in cases of personal injury.
2. For businesses, the accommodation provider's liability is excluded for both slight and gross negligence. Indirect damages, non-pecuniary damages, and lost profits are not compensated. Compensable damages are limited to the reliance interest.
XIV. Prohibition of compensation
The guest waives the right to offset any claims against the accommodation provider. This does not apply to consumers if the accommodation provider is insolvent or if the guest's claim has been legally established or acknowledged.
XV. Place of performance, jurisdiction, and choice of law
1. The place of performance is the location of the respective accommodation.
2. The place of jurisdiction is the registered office of the accommodation provider, provided the guest is a business. For consumers, the statutory provisions apply.
3. Austrian law applies unless otherwise mandated by international or European regulations. The rules of private international law (in particular the Austrian Private International Law Act and the Lugano Convention) and the UN Convention on Contracts for the International Sale of Goods are excluded.
