TERMS AND CONDITIONS (T&C)

§ 1 Scope: The accommodation conditions specified here are only valid with a binding reservation confirmation from the RockApart accommodation establishment.

§ 2 Definitions “Host”: A natural or legal person who accommodates guests for a fee. “Guest”: A natural person who uses accommodation services. The guest is usually also the contracting party. The term "guest" also includes those persons who arrive with the contracting party (e.g., family members, friends, business partners, etc.). “Contracting Party”: A natural or legal person, domestic or foreign, who enters into an accommodation contract as or for a guest. “Consumer” and “Entrepreneur”: These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended. “Accommodation Contract”: The contract concluded between the host and the contracting party, the contents of which are subsequently regulated in more detail.

§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded by the acceptance of the booking by the contracting party by the host. Electronic declarations are considered received when the party for whom they are intended can retrieve them under normal circumstances, and they are received during the host’s regular business hours.

3.2 The host is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the host is obliged to inform the contracting party of the required deposit before accepting the written or oral booking. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract is concluded upon receipt of the declaration of consent to pay the deposit by the host.

3.3 The contracting party is obliged to pay the deposit immediately upon booking. The contracting party bears the costs for the money transaction (e.g., transfer fees). The conditions of the respective card companies apply to credit and debit cards.

3.4 The deposit is a partial payment of the agreed fee.

§ 4 Start and End of Accommodation

4.1 The contracting party has the right to occupy the rented rooms from 3:00 PM on the agreed day ("day of arrival"), provided the host does not offer a different time.

4.2 The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The host is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee Withdrawal by the Host

5.1 If the accommodation contract provides for a deposit and the deposit has not been paid by the contracting party on time, the host can withdraw from the accommodation contract without a grace period.

5.2 If guest data is not provided, we must unfortunately consider your booking a no-show and cancel it. A refund is not possible in this case.

5.3 The host can cancel the accommodation contract up to 3 months before the agreed arrival date of the contracting party for objectively justified reasons unless otherwise agreed. Withdrawal by the Contracting Party – Cancellation Fee

5.4 The contracting party can cancel the accommodation contract up to 6 months before the agreed arrival date of the guest without paying a cancellation fee.

5.5 Outside the period specified in § 5.5, the contracting party may only withdraw from the contract by paying the following cancellation fees: • 6 months to 1 month: no cancellation fees • up to 1 month before the arrival date: 50% of the total package price; • up to 1 week before the arrival date: 80% of the total package price; • in the last week before the arrival date: 90% of the total package price. Obstacles to Arrival

5.6 If the contracting party cannot arrive at the accommodation establishment on the day of arrival due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) that make all travel options impossible, the contracting party is not obliged to pay the agreed fee for the days of arrival.

5.7 The obligation to pay the fee for the booked stay resumes when arrival becomes possible within three days.

§ 6 Provision of Substitute Accommodation

6.1 The host can provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 Objective justification exists, for example, if the room(s) become(s) unusable, already accommodated guests extend their stay, overbooking occurs, or other important operational measures necessitate this step.

6.3 Any additional expenses for the substitute accommodation are borne by the host.

§ 7 Rights of the Contracting Party By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to guests for use without special conditions, and to the usual service. The contracting party must exercise their rights according to any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contracting Party

8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts that have arisen due to separate services used by them and/or the accompanying guests, including statutory VAT, by the time of departure at the latest.

8.2 The host is not obliged to accept foreign currencies. If the host accepts foreign currencies, they will be taken in payment as far as possible at the daily rate. Should the host accept foreign currencies or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party is liable to the host for any damage caused by them or the guest or other persons who, with the knowledge or will of the contracting party, accept services from the host.

§ 9 Rights of the Host

9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the host has the statutory right of retention under § 970c ABGB and the statutory lien under § 1101 ABGB on the items brought in by the contracting party or guest. This right of retention or lien also secures the host’s claim arising from the accommodation contract, especially for food, other expenses made for the contracting party, and any claims for compensation of any kind.

9.2 If service is requested in the room of the contracting party or at extraordinary times (after 8:00 PM and before 6:00 AM), the host is entitled to charge a special fee. This special fee must be indicated on the room rate board. The host may refuse to provide these services for operational reasons.

9.3 The host is entitled to demand payment or interim payment for their services at any time.

§ 10 Obligations of the Host

10.1 The host is obliged to provide the agreed services to the extent corresponding to their standard.

10.2 Obligatory special services of the host, which are not included in the accommodation fee, are, for example: a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.; b) an additional or child bed will be charged at a reduced rate.

§ 11 Liability of the Host for Damage to Items Brought in

11.1 The host is liable under §§ 970 ff ABGB for the items brought in by the contracting party. The host’s liability is only given if the items were handed over to the host or authorized persons or brought to a designated place. If the host cannot prove otherwise, the host is liable for their own fault or that of their employees and the incoming and outgoing persons. The host is liable under § 970 Abs 1 ABGB up to the amount specified in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs in its current version. If the contracting party or guest does not immediately comply with the host’s request to deposit their items in a special storage place, the host is exempt from any liability. The amount of any liability of the host is limited to the liability insurance sum of the respective host. Fault on the part of the contracting party or guest is to be considered.

11.2 The host’s liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages or indirect damages, as well as lost profits, are not replaced in any case.

11.3 The host is liable for valuables, money, and securities only up to the current amount of € 550. The host is liable for any damage exceeding this amount only if they have taken these items into custody with knowledge of their nature or if the damage was caused by them or their employees. The liability limitation according to 12.1 and 12.2 applies analogously.

11.4 The host may refuse to store valuables, money, and securities if they are significantly more valuable than items typically entrusted to the storage of the accommodation establishment.

11.5 In any case of assumed custody, liability is excluded if the contracting party and/or guest does not immediately notify the host of the damage upon becoming aware of it. Furthermore, these claims must be asserted in court within three years from the date the contracting party or guest became aware of or could have become aware of the damage; otherwise, the right is forfeited.

§ 12 Liability Limitations

12.1 If the contracting party is a consumer, the host’s liability for slight negligence is excluded, except for personal injuries.

12.2 If the contracting party is an entrepreneur, the host’s liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, intangible damages, or indirect damages, as well as lost profits, are not replaced. The damage to be compensated is limited in any case to the amount of the reliance interest.

§ 13 Keeping of Animals

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the host and possibly against a special fee.

13.2 The contracting party, who brings an animal, is obliged to properly care for or supervise the animal during their stay or have it cared for or supervised by suitable third parties at their own expense.

13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance or personal liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request of the host.

13.4 The contracting party or their insurer is jointly and severally liable to the host for any damage caused by the brought animals. The damage includes, in particular, those compensation payments that the host has to make to third parties.

§ 14 Extension of Accommodation

14.1 The contracting party has no right to extend their stay. If the contracting party announces their wish to extend the stay in time, the host may agree to extend the accommodation contract. The host is under no obligation to do so.

14.2 If the contracting party cannot leave the accommodation establishment on the day of departure due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) that block or render unusable all departure options, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party cannot fully use the services of the accommodation establishment due to the extraordinary weather conditions. The host is entitled to demand at least the fee that corresponds to the price usually charged during the low season.

§ 15 Termination of the Accommodation Contract – Early Termination

15.1 If the accommodation contract was concluded for a specific period, it ends with the expiry of this period.

15.2 If the contracting party departs early, the host is entitled to demand the full agreed fee. The host will deduct what they have saved due to the non-utilization of their offer or what they have obtained by renting the ordered rooms to other guests. Savings exist only if the accommodation establishment is fully booked at the time of the guest’s non-utilization of the ordered rooms and the room can be rented to other guests due to the cancellation by the contracting party. The burden of proof of savings lies with the contracting party.

15.3 The contract with the host ends with the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 AM on the third day before the intended contract end date.

15.5 The host is entitled to terminate the accommodation contract with immediate effect for a good cause, especially if the contracting party or guest

a) makes a significantly disadvantageous use of the premises or behaves in a reckless, offensive, or otherwise grossly improper manner that spoils the coexistence for the other guests, the owner, their employees, or third parties living in the accommodation establishment, or is guilty of an act punishable by law against property, morality, or physical safety towards these persons;

b) is afflicted with a contagious disease or a disease that extends beyond the duration of the accommodation or otherwise requires care;

c) does not pay the presented invoices when due within a reasonable period (3 days).

15.6 If the fulfillment of the contract is made impossible by an event considered force majeure (e.g., natural disasters, strike, lockout, official orders, etc.), the host may terminate the accommodation contract at any time without notice, provided the contract is not already considered terminated by law, or the host is exempt from the accommodation obligation. Any claims for damages, etc., of the contracting party are excluded.

§ 16 Illness or Death of the Guest

16.1 If a guest falls ill during their stay at the accommodation establishment, the host will arrange for medical care at the guest's request. If there is a danger in delay, the host will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the host will arrange for medical care at the guest's expense. However, the extent of these care measures ends when the guest can make decisions or the relatives have been notified of the illness.

16.3 The host is entitled to compensation from the contracting party and the guest or, in the event of death, against their legal successors, in particular for the following costs:

a) outstanding medical costs, costs of medical transportation, medication, and remedies

b) necessary room disinfection,

c) unusable laundry, bed linen, and bedding, or otherwise for the disinfection or thorough cleaning of all these items,

d) restoration of walls, furniture, carpets, etc., to the extent they were soiled or damaged in connection with the illness or death,

e) room rent for the period the room was used by the guest, including any days of unavailability due to disinfection, clearing, etc.,

f) any other damages incurred by the host.

§ 17 Place of Performance, Jurisdiction, and Choice of Law

17.1 The place of performance is the location where the accommodation establishment is situated.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (particularly IPRG and EVÜ) and the UN Sales Convention.

17.3 The exclusive place of jurisdiction in bilateral business transactions is the host's registered office, whereby the host is also entitled to assert their rights before any other local and competent court.

17.4 If the accommodation contract was concluded with a contracting party who is a consumer and has their residence or habitual abode in Austria, claims against the consumer may only be brought before the courts of the consumer's residence, habitual abode, or place of employment.

17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has their residence in a member state of the European Union (except Austria), Iceland, Norway, or Switzerland, the court responsible for the consumer's residence has exclusive jurisdiction for claims against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise provided above, the start of a deadline begins with the delivery of the document ordering the deadline to the contracting party who must observe the deadline. When calculating a deadline determined by days, the day on which the event occurs that determines the start of the deadline is not counted. Deadlines determined by weeks or months refer to the day of the week or month that corresponds by name or number to the day on which the deadline is counted. If this day is missing in the month, the last day of that month is decisive.

18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).

18.3 The host is entitled to offset their claims against the contracting party's claims. The contracting party is not entitled to offset their claims against the host's claims unless the host is insolvent or the contracting party's claim is legally established or acknowledged by the host.

18.4 In the event of any gaps in the regulations, the corresponding statutory provisions apply.