General Terms and Conditions - Novapart Wels

Version November 2023

General information

(1) These General Terms and Conditions constitute the contractual content on which Novapart Wels usually concludes accommodation, room utilisation and service contracts with its guests. Special agreements must be made in writing.

Contractual partner

(1) In case of doubt, the contracting party of the accommodation provider (Novapart Wels) shall be the customer, even if he has (co-)ordered for other persons.

(2) Persons utilising the accommodation are guests within the meaning of the contractual conditions.

Conclusion of contract and down payment

(1) The accommodation contract is generally concluded by the acceptance of a written or verbal order of the customer by the accommodation provider (Novapart Wels).

(2) The guest/purchaser shall make the required down payments by the date stated in the reservation confirmation. If the down payment is not made, the accommodation provider (Novapart Wels) has the right to withdraw from the accommodation contract without setting a grace period.

Start and end of accommodation

(1) The guest has the right to move into the booked rooms from 04:00 p.m. on the agreed day of arrival.

(2) If the guest does not arrive by 07:00 p.m. on the agreed day of arrival, the accommodation provider has the right to allocate the booked rooms to other guests, unless a later arrival time has been expressly agreed.

(3) If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.

(4) The rented rooms must be cleared by the guest by 10.00 a.m. on the day of departure at the latest.

(5) If a guest does not clear the room by 10.00 a.m. at the latest and a later departure time has not been expressly agreed, the accommodation provider is entitled to vacate the room and to store or deposit the guest's items left in the room at the guest's expense.

Withdrawal from the accommodation contract (cancellation)

(A) Conditions for individual guests (up to 9 persons)

(1) The accommodation contract can be cancelled by the guest up to 30 days before the agreed arrival date of the guest (usually 04:00 p.m. on the day of arrival) without payment of a cancellation fee. The cancellation notice must be received by the accommodation provider in writing no later than 30 days before the agreed arrival date of the guest.

(2) Within 29 days to 8 days before the agreed arrival date of the guest, the accommodation contract may be cancelled by the guest subject to a cancellation fee of 30% of the agreed total price, unless a different cancellation agreement has been expressly concluded. The cancellation notice must be received by the accommodation provider in writing no later than 8 days before the agreed arrival date of the guest.

(3) Within 7 days to 1 day before the agreed arrival date of the guest, the accommodation contract can be cancelled by the guest by paying a cancellation fee of 50% of the agreed total price, unless another cancellation agreement has been expressly concluded. The cancellation notice must be received by the accommodation provider in writing at least 24 hours before the agreed arrival date of the guest.

(4) In the event of non-arrival or cancellation on the agreed arrival date of the guest, 100% of the agreed total price must be paid, unless another cancellation agreement has been expressly concluded.

(B) Conditions for groups of 10 persons or more

(1) The accommodation contract may be cancelled by the guest up to 2 months before the agreed arrival date of the guest at the latest, subject to payment of a cancellation fee of 20% of the agreed total price. The cancellation notice must be received by the accommodation provider in writing no later than 2 months before the agreed arrival date of the guest.

(2) Within 2 months to 30 days before the agreed arrival date of the guest, the accommodation contract can be cancelled by the guest by paying a cancellation fee of 40% of the agreed total price. The cancellation notice must be received by the accommodation provider in writing no later than 30 days before the agreed arrival date of the guest.

(3) Within 29 days to 14 days before the agreed arrival date of the guest, the accommodation contract can be cancelled by the guest by paying a cancellation fee of 70% of the agreed total price. The cancellation notice must be received by the accommodation provider in writing no later than 14 days before the agreed arrival date of the guest.

(4) From 13 days before the agreed arrival date or in the event of non-arrival of the guest, 100% of the agreed total price must be paid, unless a different cancellation agreement has been expressly concluded

(5) Should an alternative booking be made under at least the same conditions after the cancellation, the accommodation provider shall waive the cancellation fee.

(6) Short-term cancellations of individual group guests due to illness are possible free of charge up to 5% of the group size. A doctor's certificate must be presented at the request of the accommodation provider.

(C) Conditions for all guests

(1) If the guest does not arrive by 07:00 p.m. on the agreed day of arrival, the accommodation provider has the right to withdraw from the accommodation contract, unless a later time of arrival has been expressly agreed.

(2) The cancellation of the accommodation provider from the accommodation contract requires an objective reason.

Provision of alternative accommodation

(1) The accommodation provider (Novapart Wels) may provide the guest with adequate alternative accommodation if this is reasonable for the guest, especially if the deviation is minor and objectively justified.

Rights of the guest

(1) By concluding the accommodation contract, the guest acquires the right to the usual use of the promised rooms and facilities of Novapart Wels, which are usually accessible to guests for use without special conditions.

Obligations of the guest

(1) Upon termination of the accommodation contract, the agreed remuneration (less any advance payments made) must be paid.

(2) The accommodation provider's consent must be obtained before any electrical appliances brought by the guests that are not part of the usual travelling requirements are put into operation.

(3) The guest shall be liable for any damage or disadvantage suffered by the accommodation provider or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim compensation directly from the accommodation provider.

(4) Guests are obliged to comply with the house rules.

Rights of the accommodation provider (Novapart Wels)

(1) If the guest/customer refuses to pay the agreed remuneration or is in arrears with it, the accommodation provider shall be entitled to retain the items brought in to secure their claim arising from the accommodation and catering as well as their expenses for the guest.

(2) The accommodation provider shall have a lien on the items brought in by the guest to secure the agreed remuneration.

Obligations of the accommodation provider (Novapart Wels)

(1) The Proprietor shall be obliged to provide the agreed services to an extent corresponding to the standard.

(2) Special services shall be priced separately by the accommodation provider.

(3) The listed prices are all inclusive prices.

Liability of the accommodation provider (Novapart Wels)

(1) The accommodation provider shall only be liable for damages suffered by a guest if the damage occurred within the scope of the business and the accommodation provider or one of its employees is at fault. The Proprietor shall not be liable for slight negligence. With regard to property damage to contractual partners who are not to be regarded as consumers within the meaning of § 1 KSchG, the liability of the accommodation provider is also excluded for damage caused by gross negligence.

(2) Liability for items brought in by guests: The accommodation provider shall only be liable for items brought in by guests if the damage was caused by the accommodation provider or its employees or by third parties entering or leaving the property, unless these persons force their way in. The amount of any liability of the accommodation provider shall be limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contractual partner or guest shall be taken into account.

(3) Any liability shall be excluded for valuables which, contrary to the instructions of the accommodation provider, are not stored in the place designated for depositing them.

(4) In the event of force majeure, the accommodation provider shall not be liable.

(5) The accommodation provider shall only be liable for valuables, money or securities up to the amount of EUR 500, unless he has accepted these items for safekeeping with knowledge of their true value or the damage was caused by the accommodation provider or his employees.

(6) The safekeeping of valuables and objects of value may be refused if the objects are significantly more valuable than those that guests of the establishment in question usually leave in safekeeping.

Animal husbandry

(1) Animals may only be brought to the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.

(2) The Party bringing an animal shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.

(3) The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the accommodation provider.

(4) The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.

(5) Animals are not permitted in the lounges, function rooms and restaurant rooms.

Extension of the accommodation

(1) An extension of the stay by the guest requires the consent of the accommodation provider. There is no legal entitlement to an extension.

Termination of the accommodation

(1) If the accommodation contract has been agreed for a specific period of time, it shall end upon expiry. In the event of early departure, the full agreed fee shall be charged. However, the Proprietor shall be responsible for endeavouring to rent the unused rooms to other parties in accordance with the circumstances.

(2) If the guest does not vacate his room by 10.00 a.m. on the agreed day of departure, the room price for a further day shall be charged. Any further claims for damages in accordance with the statutory provisions shall remain unaffected.

(3) The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest

(a) makes considerable detrimental use of the premises of Novapart Wels or makes the stay unpleasant for the other guests or the accommodation provider and its employees through his inconsiderate, offensive, unlawful or otherwise grossly improper behaviour,

(b) fails to pay the invoice presented to him/her upon request within a reasonable period of time.

(4) In the event of a justified cancellation of the accommodation contract in accordance with Section 14 (3), the guest shall be obliged to compensate the accommodation provider for the damage incurred by the latter as a result of the premature cancellation.

(5) If the fulfilment of the contract becomes impossible due to an event to be regarded as force majeure, the contract shall be cancelled. However, the Proprietor shall be obliged to return the remuneration already received on a pro rata basis so that it does not derive any profit from the event.

Jurisdiction agreement and applicable law

(1) For all disputes arising from an accommodation contract concluded between the accommodation provider and the guest and/or the customer, the jurisdiction of the competent court in Wels shall be deemed agreed, however, in relation to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) as amended, only if the consumer's domicile, habitual residence or place of employment is in Wels.

(2) The accommodation contract is subject to Austrian law. The application of the conflict of laws is excluded.

Consent to credit card debits for

Booking by credit card

(1) When booking by credit card, the cardholder expressly agrees that the charge for the booked accommodation may be debited from the credit card if the guest does not show up without timely cancellation or, in the event of timely cancellation, any cancellation fee may be debited from the credit card.

(2) The cardholder expressly agrees that in the event that claims are established against the guest after the guest's departure that were not yet taken into account in the debit voucher issued on the basis of the invoice, the accommodation provider may have these claims debited directly from the credit card by means of a subsequent debit voucher within 30 days of the guest's departure.

(3) Chargebacks shall be made exclusively to the credit card account debited as part of the booking.

(4) If a booking is confirmed by providing a credit card number, the accommodation provider shall submit an authorisation request to the credit card issuer and an amount equal to the charge for the accommodation shall be reserved. The cardholder gives his/her express consent to this.

Data processing

(1) The data of the customer/guest shall be stored centrally by L&B Immo GmbH, Josef Wilbergerstraße 9, 6020 Innsbruck, FN 502475 i. The purpose of data processing is to process the enquiries of the customer/guest and to fulfil the accommodation contract concluded with the customer/guest.

The customer/guest expressly consents to the forwarding of the data disclosed by the customer/guest in the course of the business relationship with the customer/guest to the parent company Plus-Immobilien GmbH (Josef Wilbergerstraße 9, 6020 Innsbruck, FN311102d) and to the catering company in the house, L&B Immo GmbH (Josef Wilbergerstraße 9, 6020 Innsbruck) for the aforementioned purposes.
The data collected will be processed exclusively for the purposes communicated and treated confidentially in accordance with data protection regulations.