Terms and Conditions
Status: 01/01/2021
These conditions
(1) This website (the "Site") and / or the services, including all associated mobile applications (together: the "Services") and the provision of hotel rooms for accommodation and all related services ("Hotel Services") via the Site or the services, is owned by Ronald Stenzel, business owner of (Apartment-Danubia-Linz) and is managed by him operated (hereinafter also: “we”, “us” and “our”). These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “User” or “You”) may visit or use the Site and / or the Services and book hotel services.
(2) By accessing or using the services, you declare that you agree to the terms and conditions and that you agree to them in a binding manner. If you do not agree to all of the terms, you may not access the site or use the services. Please read these terms and conditions carefully before accessing our site or using the services or booking hotel services. In these conditions you will find out who we are, how you can book hotel services, what conditions the hotel services are subject to and what you can do in the event of problems.
(3) You affirm that you are of legal age and have the legal authority, the right and the freedom to enter into a binding agreement on the basis of these terms and conditions and to use the services and to book hotel services. Minors require the approval of their parents or legal guardians to use the Services or to make bookings for hotel services.
Hotel services
(1) You can book the hotel services that we offer through our site or our services in accordance with these terms and conditions.
(2) You can select the available hotel room (s) and other hotel services that you want to book and collect them in a shopping cart by making the appropriate selection (e.g. B. Arrival and departure dates, type of hotel room, other hotel services) and click the respective button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for hotel services at any time (provided that you are only charged the amount that you agreed to before the price change) and to correct unintentional price errors with future effect. Additional information on pricing and sales tax (sales tax (VAT) at the applicable rate) and any other applicable tax, fee or charge is available on the Site and in the booking summary during the booking process. Prices include sales tax (sales tax) / sales tax ( VAT) at the applicable rate as well as other relevant taxes, fees or charges. B. Tourist tax. The prices are calculated in the local currency of the hotel. Price lists for additional items, in particular meals in the restaurant and room service, are posted in the hotel restaurant and in the hotel bar (if available) as well as in the appropriate places within the hotel and are also available on request.
(3) Before you click on the “Continue to payment” button, all the hotel services you have selected, including the total price, will be displayed again in a booking summary. You can then recognize and correct any input errors before you make your final, binding booking. By clicking on the “Book with obligation to pay” button, you are placing a binding order for the booking of the hotel services on the selected date.
(4) We will then send you an automatic confirmation of receipt for your booking order by e-mail, in which the hotel services you have selected are listed again and which you can then print out or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet represent our acceptance of this order.
(5) The legally binding agreement on booking hotel services is only concluded when we send you an email confirmation. We reserve the right not to accept your booking request. This does not apply in cases in which we offer a payment method - and you choose this payment method for your booking order - in which a payment process is initiated immediately (e. B. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract for hotel services is deemed to have been concluded when you have initiated the booking process, as described above, via the "Continue to payment" button.
(6) The contract can be concluded in [German] language. After the conclusion of the contract, the contract terms will be kept with us, you will then no longer have access to them.
(7) The prices displayed on our site or our services are the average price per night and person until a certain rate is selected. Meals or additional services are only included if specifically stated. Certain rates may have a minimum length of stay, deposit, cancellation fees, and other terms, as specified.
(8) Maximum occupancy rules apply to hotel rooms. For more information, please contact us directly.
Check-in / check-out requirements
(1) The check-in and check-out times correspond to the times specified on our site or our services, unless the hotel has specified otherwise at the time the contract for hotel services was concluded with you.
(2) A check-out after the regular check-out time (late check-out) can be requested and depends on availability and is calculated at the prices published by the hotel at the time the contract is concluded. You are not entitled to a late check-out.
Payments
(1) In the case of binding advance bookings of hotel services, the price for the entire booked hotel service must be paid in advance, at the latest upon arrival at the hotel. In this case, the payment method used at the time of booking must be presented on arrival, as well as suitable identification (if required) and the booking number (if available).
(2) All outstanding amounts must be paid in full when checking out of the hotel. If the outstanding amounts do not exceed the amount authorized at check-in, the authorization will be released for the unused amount. This release takes place without unnecessary delay. However, we have no control over how long your credit card issuer or bank takes for the approval to take effect.
Cancellation policy and no-shows
(1) The cancellation conditions are based on the rate booked. Please note the respective full rate descriptions that are specified in the booking process for hotel services.
(2) Fees for cancellations or no-shows can be incurred up to the amount of the agreed fees after the relevant time and will be billed in the agreed amount of the payment method specified at the time of booking.
Changes or cancellations by us
(1) If it was agreed when booking the hotel that you can cancel the contract free of charge within a certain period of time without giving reasons, we are also entitled to cancel the contract within this period (e.g. B. if contractually agreed advance payments are not made).
(2) In the event of a justified cancellation on our part, you are not entitled to any compensation.
Force majeure
We are not liable and will not pay any compensation if the performance of our obligations is prevented or impaired, directly or indirectly, by or as a result of force majeure or other circumstances beyond our reasonable control, particularly in relation to flood, earthquake, extreme unfavorable weather conditions, natural disasters, pandemics, natural events, acts of terrorism, fire or failure of electricity, gas, water or other supply services, systems, machines, computers, vehicles or building collapses and provided that we have not acted negligently or at fault in any way.
No right of withdrawal
You don't have a statutory one Right of withdrawal for distance contracts when booking hotel services through the Site or the Services.
Guarantee for hotel services
We are liable for defects in the hotel services you have booked in accordance with the statutory warranty provisions and, if applicable, in accordance with mandatory local laws.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we store this payment information in accordance with the applicable industry standards, if available (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Permitted use
(1) Our services are made available to you for information purposes and only for private, non-commercial use. When using our services, you must comply with these terms and all applicable laws.
(2) Unless expressly permitted by these Terms, it is not permitted: (i) to use our services in an unlawful or fraudulent manner (including infringing the rights of third parties) or for the purpose of collecting personal data or posing as other users to spend; (ii) change or use our notices of copyrights, trademarks or other proprietary rights or interfere with the security-related functions of our services; (iii) use our services in any way to manipulate or falsify content or undermine the integrity and correctness of content, or take measures to disrupt, damage or interrupt parts of our services; (iv) use our services to send, receive, upload / post, download material that does not meet our content standards; (v) use our services to transmit unsolicited or unauthorized advertising or promotional material or to enable the transmission thereof; (vi) use our services to transmit data or upload data to our services that contains viruses, trojans, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code that may cause the operation of computer software or hardware (vii) use robots, spiders, other automatic devices or manual processes to monitor or copy our website or other web pages or the content contained in our services, or use network monitoring software to determine the architecture of our services or Extract usage data from our services; (viii) engage in behavior that restricts or prevents other users from using our services, or (ix) using our services for commercial purposes or in connection with a commercial activity carried out without our prior written consent. You agree to cooperate fully with us in investigating any activity that allegedly or actually violates these terms and conditions.
Intellectual property rights
Our services and related content (and all derivative works or improvements thereof), in particular with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, Services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights thereto, are either owned or licensed by us (collectively, "our intellectual property rights") and none of the wordings in these Terms grants you rights related to our intellectual property rights. Unless expressly stated here or required by mandatory statutory provisions for the use of the services, you acquire no rights, claims or interests in our intellectual property rights. All rights not expressly granted in these conditions are expressly reserved.
Disclaimer of Warranties for Use of the Site and Services
The services, our intellectual property rights and all information, materials and content that are made available in connection therewith and made available to users free of charge are provided without guarantee of defects and availability and without guarantees of any kind, express or tacit (guarantees of suitability for a specific purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our services, etc. a.) provided - with the exception of cases of malicious failure to disclose defects. We do not guarantee that free services will be provided without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance work or updates. The warranty for hotel services that you have booked in accordance with the section "Warranty for hotel services" above remains unaffected.
exemption
You agree to defend us and hold us harmless from and against all actual or alleged claims, claims for damages, costs, liabilities and expenses (especially reasonable attorney's fees) arising out of or in connection with your use of the Website and the Services in breach of these terms and conditions, including in particular any use that violates the restrictions and requirements set out in the "Permitted Use" section, unless these circumstances are not attributable to you.
Limitation of Liability
(1) We are only liable in the event of willful misconduct, gross negligence, negligent injury to life, limb, health or slightly negligent breach of an essential contractual obligation, and only in the case of chargeable services or hotel services. A “material contractual obligation” means an obligation that you must meet to ensure the proper implementation of the Agreement and that you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of customary and foreseeable damage for this type of contract. Our liability after Product Liability Act or in the event that we have explicitly given a guarantee, remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as for liability arising from transactions before the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Change of Terms and Services; setting
We reserve the right to change these terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce or as we otherwise develop our business. Therefore, you should read these terms and conditions regularly and in any case during the booking process if you are making a hotel reservation. The new terms will apply to any new order you place after the effective date of the new terms. If the ongoing services you use are affected by the changes in the conditions, we will take due account of your legitimate interests. We will inform you of such changes in good time in advance. You are deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our message. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.
We can change the services, discontinue the provision of the services or one or more functions of the offered services or limit the services. We can terminate or suspend access to the services ourselves permanently or temporarily - without giving reasons and without further obligations. If this is possible under the circumstances, we will inform you in good time in advance and take your legitimate interests into account in such measures.
Links to third party websites
The services may contain links which you can use to leave the site. Unless otherwise stated, the linked sites are beyond our control and we are not responsible for the content of any linked site, for any links contained on any linked site, or for any changes or updates to such sites. We are not responsible for transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
Applicable Law
(1) These conditions are subject to the laws of the [Federal Republic of Germany] (without taking into account the conflict of laws provisions) and are to be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/ . Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
VARIOUS
(1) A waiver by one of the parties with regard to a breach or delay under these terms and conditions does not constitute a waiver for previous or subsequent breaches or delays.
(2) The headings used in these terms and conditions are only used for better understanding, they are not given any legal meaning.
(3) Unless otherwise expressly stated, if any part of these terms and conditions is deemed to be illegal or unenforceable for any reason, it is agreed that this part of the terms and conditions will be deleted and the remaining terms and conditions will remain unaffected and in full effect.
(4) Without our prior written consent, you can neither assign your agreement with us under these conditions nor all or part of your contractual rights or obligations.
(5) These terms and conditions represent the entire agreement and replace all previous written or oral agreements between you and us in connection with the services and the booking of hotel services.
(6) The provisions of these conditions, which due to their nature are intended to outlast such an act on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnities, exclusions of liability, limitations of liability and this section "Miscellaneous".
Contact
To contact us, please send an email to:
Name: Ronald Stenzel (Apartment-Danubia-Linz)
Address: Hauptstr. 28, A-4040 Linz