GTC
General Terms and Conditions / Accommodation Agreement
I. Contracting Parties
Accommodation Provider:
LIVE by ÖJAB GmbH, Mittelgasse 16, 1062 Vienna
Guest:
A natural or legal person who enters into an accommodation agreement.
II. Object of the Agreement
The object of this agreement is the accommodation of the Guest, including the provision of ancillary services, in accordance with the reservation confirmed by or on behalf of the Accommodation Provider at one of the accommodation establishments operated by the Provider.
III. Duration of the Agreement
The Guest is entitled to occupy the reserved room from 3:00 PM on the day of arrival. The room must be vacated by the Guest by 11:00 AM on the day of departure. The Accommodation Provider may charge the Guest for an additional night if the room is not vacated on time. If the Guest departs early, the Accommodation Provider is entitled to demand full payment for the agreed duration of the accommodation.
IV. Payment
The fee payable by the Guest for accommodation includes the agreed and specified rate at the time of booking, including taxes and charges.
V. Cancellation of the Accommodation Agreement – "No Show"
Cancellation by the Guest
The Guest has the right to cancel the accommodation agreement only if such a right was explicitly agreed upon at the time of booking. In this case, the cancellation and refund policies agreed upon at the time of booking apply.
No show
If the Guest does not arrive by midnight on the day of arrival (“no show”), the Provider’s obligation to accommodate the Guest for the entire duration of the agreement ceases. The Accommodation Provider is then entitled to reassign the reserved room to a third party unless the Guest has provided notice of a later arrival. The Guest remains obligated to pay the agreed fee for the full duration of the agreement, except to the extent that the room is rebooked by a third party.
VI. Provision of Alternative Accommodation
For valid reasons, the Accommodation Provider may provide the Guest with equivalent alternative accommodation (comparable quality) if the Provider is unable to fulfill the agreement. Valid reasons include unusable reserved rooms, overbooking, or other significant operational reasons within the Provider’s control. The Provider bears any additional costs for alternative accommodation.
VII. Guest's Rights
Upon entering into the accommodation agreement, the Guest acquires the right to use the room and the facilities typically available to guests in similar accommodation establishments, as long as such use is standard and not subject to special conditions.
VIII. Guest's Obligations
The Guest is required to pay for any services provided by the Accommodation Provider that were not included in the booking, no later than departure.
The Accommodation Provider is not obligated to accept foreign currency.
The Guest is liable for any damage caused by the Guest or by persons who, with the Guest’s knowledge or consent, use the Provider’s services (e.g., accompanying persons or visitors).
Loss of a key will result in a charge of up to €100.
IX. Right of Retention
If the Guest refuses to pay the agreed fees or is in arrears, the Accommodation Provider has the statutory right of retention over items brought by the Guest.
X. Liability of the Accommodation Provider
The Accommodation Provider is liable for items brought by the Guest if these items have been handed over to the Provider or authorized personnel, or placed in a designated storage area. Liability is limited to the statutory maximum defined under the Austrian Innkeepers’ Liability Act.
The Provider is not liable if the Guest fails to comply with instructions to place valuables in a designated storage area. The liability is capped at the amount covered by the Provider’s liability insurance, which is €[amount to be inserted].
The Provider’s liability for valuables, money, and securities is limited to €550, except when these items are explicitly accepted for safekeeping with knowledge of their nature, or if the loss is due to negligence on the part of the Provider or its personnel.
Claims for damages must be reported immediately after the Guest becomes aware of the loss or damage.
XI. Limitations of Liability
For consumers, the Accommodation Provider is not liable for slight negligence except in cases of personal injury.
For entrepreneurs, the Provider is not liable for either slight or gross negligence. The burden of proof for the degree of negligence lies with the entrepreneur. Indirect, immaterial damages, or lost profits are not covered. The compensation is limited to the reliance interest.
XII. Pets
Bringing pets is not permitted.
XIII. Jurisdiction and Applicable Law
This agreement is governed by Austrian law, excluding the rules of international private law and the UN Convention on Contracts for the International Sale of Goods.
The exclusive jurisdiction for bilateral commercial disputes is Vienna.