1. area of application (german version applies)
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to services provided by Apartments Hohenberger, Florian Hohenberger, Mallnitz 117, 9822 Mallnitz to the guest, other contractual partners (hereinafter referred to as “Contractual Partner”). The services consist in particular of the paid accommodation and rental of rooms (e.g. for seminars, conferences or celebrations) and other events as well as the sale of food and beverages, and for all other related services of Apartments Hohenberger.
1.2. The Contractual Partner undertakes to comply with these terms and conditions as well as all regulations under commercial law or other regulations affecting him. General terms and conditions of the contractual partner do not apply, even if Apartments Hohenberger does not expressly object to them. Counter-confirmations of the Contractual Partner with reference to its general terms and conditions are hereby expressly rejected. 1.3. For all provisions not regulated in these General Terms and Conditions, the General Terms and Conditions for the Hotel Industry 2006 as amended shall apply in addition.
1.4. It is noted that Apartments Hohenberger only provides its own services and that any third-party services arranged (such as concert, theater or opera tickets, excursions, transport services, restaurant reservations, etc.) are to be regarded purely as related services and therefore the application of the Package Travel Act is excluded in accordance with ยง 2 (2) Z2 and 3 PRG.
2. Conclusion of contract, prices, general provisions
2.1. All reservations, changes and cancellations must be made in writing, whereby electronic transmissions are also permitted. 2.2. All prices are quoted in euros. Unless otherwise specified, the prices quoted include all taxes and duties as stated in current price lists or agreed individually. Any price changes due to taxes and duties shall be borne by the contractual partner. New government levies (of any kind whatsoever) shall be added to the contract prices.
2.3. Apartments Hohenberger is entitled to provide the actual accommodation service in an equivalent establishment.
3. cancellation of overnight stays
3.1. Unless otherwise agreed in the booking agreement or confirmed otherwise in the reservation confirmation, the following cancellation conditions shall apply:
- Cancellation up to 1 month before the date of arrival: 40 % of the gross price
- Cancellation up to 1 week before the day of arrival: 70 % of the gross price
- Cancellation in the week before the day of arrival: 90 % of the gross price
- in the event of no-show/cancellation on the day of arrival: 100 % of the gross price
3.2. The cancellation fee shall be charged immediately after the cancellation has been made and shall be withheld from any down payments; any overpayments shall be transferred back to the account details provided at the expense of the Contractual Partner. If credit card details have been deposited as security, the Contractual Partner hereby expressly agrees to Apartments Hohenberger charging the amount specified under 3.1 above.
4. liability of Apartments Hohenberger
4.1. The liability of Apartments Hohenberger for valuables brought in by hotel guests (such as pictures, cash, etc.) is limited to the amount of the liability insurance of Apartments Hohenberger. Valuables do not include items of personal use that serve to satisfy various material and cultural needs, although they may be of high value (such as cameras, video cameras, CD players, fur coats, cell phones, tablets, notebooks, e-readers and the like). These items are not to be replaced by Apartments Hohenberger.
4.2. However, valuables and cash may be deposited in the room safe. There is a maximum liability of EUR 1,000.00 for cash and jewelry verifiably deposited in the room safe. 4.3. Items left behind by the contractual partner, insofar as they exceed a visible value of EUR 10.00, will only be forwarded upon request up to 14 days after the stay at the request, risk and expense of the contractual partner. Thereafter, the items will be handed over to the lost and found office or disposed of, provided there is no recognizable value.
4.4. Regular internet use is possible free of charge in the hotel and in the event area. The malfunction or failure of the line does not constitute a reason for a reduction in the invoice or any kind of liability towards Apartments Hohenberger.
4.5. Apartments Hohenberger accepts no liability for accidents at events. In general, Apartments Hohenberger is not liable to consumers in cases of slight negligence, with the exception of personal injury. Apartments Hohenberger is generally only liable to entrepreneurs in cases of gross negligence and intent, whereby the burden of proof lies with the entrepreneur and consequential damages, immaterial damages and loss of profit are not compensated under any circumstances.
4.6. Apartments Hohenberger is not liable if the contracting party, its employees, agents, visitors or guests lose items during or in connection with events; this also applies to theft. Insurance (such as theft, burglary and fire damage) must be taken out by the organizer. The contracting party can deposit valuable items, luggage or money by handing them over to Apartments Hohenberger in the assigned rooms or in the safe, whereby in this case the liability of Apartments Hohenberger is limited to a maximum of the liability insurance sum of Apartments Hohenberger.
4.7. No liability is assumed for any valuables brought in that were not handed over to Apartments Hohenberger. The Contractual Partner is responsible for ensuring that the valuables brought in are adequately insured.
4.8. Any claims of the contractual partner against Apartments Hohenberger must be asserted in writing within 6 months after the end of the event, otherwise they are deemed to have lapsed.
5. rescission/termination
5.1. Apartments Hohenberger is entitled, without prejudice to its claim to remuneration, to terminate the contractual relationship at any time and without stating reasons if 5.1.1. the contractual partner fails to make a due payment despite a grace period of 7 days, 5.1.2. insolvency proceedings have been opened against the assets of the contractual partner or have been dismissed for lack of cost-covering assets,
5.1.3. the Contractual Partner jeopardizes the smooth business operations or the safety of Apartments Hohenberger or its guests, 5.1.4. necessary official permits are not submitted or the event is prohibited by the authorities,
5.1.5. the fulfillment of the contract is impossible due to force majeure, strikes or other circumstances for which Apartments Hohenberger is not responsible, 5.1.6. events are booked with misleading or false information or concealment of material contractual facts; material contractual facts may include the identity of the Contractual Partner or its guests, its ability to pay or the purpose of the event.
5.1.7. Apartments Hohenberger has reasonable grounds to assume that the event may jeopardize the smooth business operations, the safety or the reputation of Apartments Hohenberger in public, without this being attributable to the sphere of control or organization of Apartments Hohenberger, 5.1.8. the purpose or occasion of the event is unlawful. In the event of a withdrawal from the contract by Apartments Hohenberger for the aforementioned reasons, the contractual partner is obliged to pay compensation for damages including lost profits. Any liability whatsoever on the part of Apartments Hohenberger is excluded in these cases.
6. data protection
6.1. Due to the special nature of accommodation services, the storage and disclosure of personal data is essential. The contractual partner acknowledges to provide Apartments Hohenberger with personal data required for the provision of the agreed service and accepts the transfer of personal data for the correct execution of the ordered services to booking platforms used for the booking of tourist services, service providers who provide tourist or other services, public bodies and authorities for registration, tax and other legally prescribed purposes.
6.2. If the data transfer of personal data is not carried out by the data subject himself, but by other representatives of the contractual partner, the contractual partner undertakes to inform the data subject of the transfer to Apartments Hohenberger and of the transfer of the data by Apartments Hohenberger to the categories of recipients described above. Apartments Hohenberger will treat this data confidentially in accordance with the relevant data protection regulations and will only pass it on to third parties if this is necessary for the provision of the agency service or if the disclosure is required by law. 6.3. A detailed description of the common rights and obligations as well as a reference to the responsible contact persons for questions regarding data protection can be found in the data protection declaration at
7. general
7.1. Smoking in the rooms of Apartments Hohenberger is only permitted in the designated, appropriately marked areas. In the event of non-compliance, the cleaning and, in the event that the rooms concerned cannot be used or rented out, the associated loss of earnings will be claimed.
7.2. Pets are not permitted in the rooms of Apartments Hohenberger. In the event of non-compliance, the cleaning and, in the event that the rooms concerned cannot be used or rented out (allergy), the associated loss of earnings will be charged.
7.3. The place of fulfillment and payment is Mallnitz. Austrian law shall apply to the exclusion of the conflict of law rules. The exclusive place of jurisdiction is Klagenfurt.
7.4. Any transfer of rights arising from the contractual relationship between the contractual partner and Apartments Hohenberger, whether in return for payment or free of charge, requires the express written consent of Apartments Hohenberger.
7.5. Changes must be made in writing to be effective; verbal collateral agreements only become effective after written confirmation by Apartments Hohenberger.
7.6. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Apartments Hohenberger of the contracting parties shall immediately replace the invalid provision with a provision that comes as close as possible to the intended purpose and economic meaning.
7.7. Apartments Hohenberger is entitled to make cancellations and rebookings and will only assume any additional costs charged by the alternative accommodation provider if these are attributable to the sphere of Apartments Hohenberger. Special requests and additional costs caused by the customer are not covered by Apartments Hohenberger and are to be borne by the customer.