General Terms and Conditions of Hotel Ploberger Wels
General Terms and Conditions of the Company Ploberger GmbH
(hereinafter „Terms and Conditions“)
These General Terms and Conditions apply to all contracts concluded by and entered into with Ploberger GmbH, Kaiser-Josef-Platz 21, Post Code 4600, entered in the Commercial Register in Wels under 100931d (hereinafter referred to as „Hotelier“) with third parties (natural or legal persons) within the scope of business activities, defined under the Article 1 of these General Terms and Conditions.
- Scope of applicability of these Terms and Conditions
1.1 The Hotelier operates the Hotel Ploberger (hereinafter referred to as „Hotel“), located at the address Kaiser-Josef-Platz 21, 4600 Wels, Austria.
1.2 These Terms and Conditions shall apply to contracts with third parties (natural or legal persons), on the basis of which the Hotelier, within the framework of the operation of the Hotel,
- provides paid accommodation, as well as associated services (especially catering services);
- rents, for a fee, premises for meetings, conferences, conventions or other meetings and provides related services (in particular catering)
- Contractual Partners
2.1 The party is, on the one hand, the Hotelier, and on the other hand, a natural or legal person that has submitted an order to or made a booking with the Hotelier ( hereinafter referred to as „Contractual Partner“).
2.2 If the Contractual Partner books Services for one or more other persons (hereinafter „Guests“), then the Contractual Partner is also a Contractual Partner in such cases and guarantees the proper and adequate fulfilment of the contract by the named Guests. This also applies if the Hotelier explicitly or implicitly consents to demand payment of the cost of the services from the Guests; the Contractual Partner is always the collective debtor for all obligations of the Guests towards the Hotelier.
2.3 If the Contractual Partner does not make a booking for him/herself but for third persons and he/she makes this clear in their request, then the Hotelier will demand a settlement of the cost of the Services from the Guests and not from the Contractual Partner, unless the Guests fail to fulfil their payment obligations when due or not at all.
2.4 For damages caused by the Guests, and for costs which are not borne by the Guests (e.g. minibar, pay TV), the liability remains with the Contractual Partner.
2.5 The Hotelier is entitled to ask the Guests for a deposit with their credit card information during check-in or in advance. In this case, the person whose credit card information has been stored is also jointly responsible for the payment of all costs and damages incurred due to the Guests concerned. This does not apply if the credit card holder can prove that his/her credit card information was passed on to the Hotelier without his/her knowledge and will.
- Conclusion of Contract
3.1 Within the scope of these Terms and Conditions, a contract between the Hotelier and the Contractual Partner shall come into existence as soon as the following two points have been fulfilled:
- submission of an order/booking by the Contractual Partner (see point 3.2) and
- confirmation of the order/booking by the Hotelier (see point 3.3).
3.2 An order can be made in writing, orally or otherwise, provided that it contains the duration of the stay and the number of Guests. The terms and conditions stated by the Contractual Partner when placing the order are not valid and are not part of the contract unless the Hotelier agrees to the application of such terms and conditions in his written confirmation.
3.3 A confirmation by the Hotelier (hereinafter "Confirmation") must be in writing only, this includes e-mails and electronic declarations.
3.4 Conditions added by the Hotelier in the Confirmation are part of the contract between the Hotelier and the Contractual Partner, as are these Terms and Conditions, unless they contradict the conditions of the Confirmation. The Contractual Partner must check the order Confirmation immediately upon receipt. In the absence of written objections within 24 hours, the Terms and Conditions stated therein shall be deemed to have been accepted in full by the Contractual Partner. Otherwise the objection is not valid. Should the Contractual Partner object to the conditions in the Confirmation, this constitutes a cancellation of the order/booking and Article 5 of these Terms and Conditions shall apply.
3.5 Provisions contained in the Confirmation take precedence over provisions contained in the Terms and Conditions.
3.6 The Hotelier is not obliged to provide Services that the Contractual Partner has not explicitly mentioned in his or her order (e.g. parking spaces). Where a Guest requires a Service that was not part of their order, the Hotelier may provide this Service. In this case, however, the Contractual Partner shall be liable for the payment for this Service by the Guest.
3.7 The Contractual Partner shall specify the binding number of Guests to be accomodated in each room in their booking. The Hotelier is entitled to refuse check-in if more persons than stated in the order want to be accommodated in one or more rooms. If the Hotelier finds that one or more rooms is or are occupied by more than the number of persons stated in the Confirmation, the Hotelier may choose to either charge the Contractual Partner for the additional costs incurred or to have the room(s) vacated.
3.8 The Contractual Partner is responsible for ensuring that all Guests accept and comply with these Terms and Conditions. A violation of these Terms and Conditions by one or more Guests constitutes a violation by the Contractual Partner him/herself.
- Payment for Services
4.1 The costs of Services that are ordered by the Contractual Partner for themselves and / or for the Guests from the Hotelier are listed in the Confirmation. In addition, costs may be based on these Terms and Conditions and / or other documents and information made available to the Contractual Partner and / or the Guest(s).
4.2 The cost of the Services listed in the Confirmation is based on the information provided by the Contractual Partner to the Hotelier as part of their order. The Hotelier is entitled to increase this cost if the Contractual Partner has withheld information that affects the price determination (e.g. checking in with a pet).
4.3 All prices are to be understood without the applicable VAT unless the Hotelier explicitly states otherwise.
4.4 All payments must be made in the currency specified in the Confirmation. If the Contractual Partner and / or a Guest wish to pay the invoice in cash, they may do so at the Hotel in the currency EUR; cash payments in other currencies are not possible.
4.5 If the Contractual Partner and / or the Guest pays by bank transfer, they must use the bank details, which are indicated in the invoice; the bank account is held in the currency of the invoice. Bank charges and exchange rate risks are borne by the Contractual Partner or the Guest. The Contractual Partner or the Guest is obliged to pay the invoice by the payment deadline indicated on the invoice. If such a deadline is missing from the invoice, it must be paid within fourteen days after receipt of the invoice by the Contractual Partner.
4.6 If the Contractual Partner and / or the Guest pay by credit card and / or they have made available their credit card information to the Hotelier to secure their booking, the Hotelier is entitled to charge the appropriate credit card with the amount specified in the Confirmation at any time after the deadline for free cancellation (see Article 5 of these Terms and Conditions).
4.7 The Contractual Partner acknowledges that the Hotelier cannot accept credit cards issued by certain credit card providers. It is the duty of the Contractual Partner to check whether credit cards from specific credit card providers are accepted by the Hotelier.
4.8 The Hotelier is entitled to demand advance payment or payment in full upon arrival. The Contractual Partner is obligated to pay for the Services included by the Hotelier on the Confirmation within the payment period indicated on this invoice. The decisive date is the date on which the amount is credited to the Hotelier's account. If the payment deadline is missing from the invoice, this amounts to five (5) workdays.
4.9 If the Contractual Partner fails to comply with the payment obligation pursuant to Article 4.5 of these Terms and Conditions, this does not under any circumstances mean a cancellation of the order by the Contractual Partner. In this case, the Contractual Partner is merely in default of their payment obligation; however, the contract as such remains effective.
4.10 If the Contractual Partner and / or the Guest defaults on the fulfilment of a payment obligation, the Contractual Partner and / or the Guest is obliged to pay a contractually agreed fee of up to 2.0 % of the outstanding amount for each day of the delay or part thereof plus a delay fee; any damage compensation claims by the Hotelier remain unaffected by this.
5.1 If the Contractual Partner booked a maximum of five room nights, the following provisions shall apply:
If the Hotelier receives a cancellation later than seven (7) days before the arrival date of the Guest according to the Confirmation, at the latest by 6:00 p.m. CET of that day, the cancellation shall be free of charge for the Contractual Partner or the Guest. If the Contractual Partner or the Guest does not make the cancellation within the above period and / or the Guest does not make use of the Services of the Hotel as stated in the Confirmation, or does not use them fully, the Contractual Partner or the Guest is in any case obligated to pay all outstanding amounts, according to the Confirmation, by the last day of the stay, according to the confirmation.
5.2 In cases that are not covered by Article 5.1 of these Terms and Conditions, the following applies:
If a cancellation is made more than thirty (30) days before the Guest’s arrival date, as confirmed in the Confirmation, this cancellation is free of charge for the Contractual Partner or the Guest. If the Contractual Partner or the Guest does not make the cancellation within the above-mentioned period and / or the Guest does not make use of all or parts of the Services of the Hotel as included in the Confirmation, the Contractual Partner or the Guest is, however, obliged to pay all outstanding amounts according to the Confirmation for the entire payment period of the stay, according to the Confirmation.
5.3 If the Guest does not appear on the day of arrival, according to the Confirmation, this constitutes a cancellation of the order. The cancellation fee will be charged as stated on the Confirmation, in the absence of which it will be charged in accordance with Article 5 of these terms and conditions.
- Check-In, Check-Out
6.1 Check-in, within the provisions of these Terms and Conditions, means the personal registration of the Guest at the reception of the Hotel and the issue of the access cards to their room(s). Check-out, within the provisions of these Terms and Conditions, means the payment of all outstanding invoices by the Contractual Partner and / or the Guest to the Hotel, the vacating of the room(s) occupied by the Guest and the return of all room access cards to the Hotel.
6.2 As part of the check-in process, the Guest must present a valid passport or other equivalent proof of identity, the Confirmation and a valid credit card. The Guest agrees that the credit card details will be stored in order to secure claims by the Hotelier against the Contractual Partner and / or the Guest. The Hotelier has the right to check the visa of Guests who are subject to legal regulations in Austria, and, with the Guest's consent, to include a copy thereof in the Hotel files. The Hotelier shall be entitled to refuse check-in if the Guest fails to comply, or fails to comply fully, with the identification and documentation requirements contained in this paragraph.
6.3 The regular check-in is at 02:00 p.m. CET. The Hotelier reserves the right to hand over the room to the Guest at a later time, provided operational reasons on the part of the Hotel make the handover impossible. The Hotelier is entitled to refuse the Guest's request for a delayed handover of the room.
6.4 If the Guest vacates their room(s) late, the Guest is obliged to pay the following costs:
- a) If the Guest announced their delayed check-out to the Hotelier in accordance with Article 6.3 of these Terms and Conditions, and the Hotelier does not raise any objections, the Guest shall be obliged to pay the Hotelier for a check-out before 06:00 p.m. CET on the day of departure, as confirmed, i.e. 50% of the respective daily room rate according to the respective current standard rate for the booked room. If the room is vacated by 06:00 p.m. CET on the day of departure, they must pay 100% of the daily room rate according to the Confirmation unless agreed otherwise in writing by the Hotelier.
- b) In cases where paragraph a) of 6.4 of these Terms and Conditions does not apply, the Contractual Partner and / or guest is obliged to pay 50% of the standard price of the Hotel for the room booked by them in the event of a check-out with a delay of less than two hours. In the event of a check-out with a delay of more than two hours, the Contractual Partner and / or Guest is obliged to pay 100% of the standard price of the Hotel for the room booked by them on that day and by 12:00 noon CET on the following day.
The above provisions shall be repeated on each subsequent day of delay.
6.5 Notwithstanding Article 5 of these Terms and Conditions, in case of a late check-out, the Hotelier shall be entitled to take the Guest's personal items from the room and store them elsewhere in the Hotel. This shall not affect the payment obligations of the Contractual Partner in accordance with Article 6.4 of these Terms and Conditions. The Hotelier assumes no responsibility or liability for these items in such a case, but shall store them in an area of the Hotel to which only employees of the Hotel have access.
6.6 Guests who have not attaine d the age of 18 years (hereafter "Minors") must be accompanied by a person who has already reached the age of 18 years (hereafter "Adult") who has a family relationship with the Minor(s). In order to verify these circumstances, the Guest must present their passport or other equivalent proof of identity and that of the Minor(s). The Hotelier shall not check-in a Minor unaccompanied by an Adult or a Minor with an Adult who is not in a family relationship to the Minor, whereby the Hotel's claim for payment by the Contractual Partner remains unaffected.
6.7 As used in these Terms and Conditions, the term "standard rate" refers to the applicable price for each type of room, which can be viewed daily on the Internet and at the hotel reception desk.
7.1 The Hotelier offers unguarded parking spaces in the public Kaiser-Josef-Platz underground parking garage, under the condition that there are availabilities. These are at the disposal of the Guest against payment of a parking fee set by the Hotelier.
7.2 The Hotelier indicates the amount of the parking fee, and enquiries as to its current amount may also be made at the front desk of the Hotel at any time.
7.3 The Guest is responsible and liable for entering and leaving the garage as well as parking in and out of parking spaces. The Hotelier indicates that parking spaces are narrow and / or small and that parking and retrieving requires manoeuvring in a confined space. If the guest finds that their driving skills do not allow this, they should not use the underground car park.
7.4 Accordingly, the Hotelier shall not be liable for any damage caused when driving into the parking garage and / or the parking spaces, even if the Hotel staff should politely assist with parking manoeuvres.
7.5 The Hotelier is not liable for any damage to parked cars, for the loss of the parked car(s) and / or for the loss of items that are or were in the car. The Guest should not leave any valuables in the car at any time and should lock all the car doors when leaving the car.
8.1 Smoking is strictly prohibited in all areas of the Hotel, including the rooms. To avoid any misunderstanding, it should be noted that smoking "out of the window" is strictly forbidden. The areas where smoking is allowed are either marked or can be inquired at the reception.
8.2 The Guest and the Contractual Partner shall be liable to the Hotelier for all costs, damages and fees arising from the smoking of Guests in areas where it is strictly prohibited. In particular, but not exclusively, the Guest and the Contractual Partner shall be liable to the Hotelier for any costs incurred by the Guest for the replacement of textiles, carpets or other furnishings whose smell has been affected by the Guest's smoking. The Guest shall be liable for any loss of income incurred by the Hotelier (in accordance with the standard price) for any room that, in the opinion of the Hotelier, cannot be rented out or that has been rejected by another Guest due to the smell of tobacco or nicotine and needs to be ventilated. The obligation to reimburse shall extend over the entire duration of the ventilation required to remove the smoking smell and may last several days.
8.3. If a Guest does not refrain from smoking in an area where smoking is strictly forbidden after being requested to do so by the Hotelier, the Hotelier is entitled to expel the Guest from the Hotel and to vacate the room without losing the right to payment for the Services rendered and / or ordered.
8.4 Should a Guest trigger the fire alarm by smoking in a place where smoking is prohibited, the Guest and / or the Contractual Partner shall bear all costs incurred by the Hotelier due to the false alarm.
8.5 Even in places where smoking is permitted, the Guest has to ensure that they do not contaminate, soil and / or damage the property and person of the Hotelier, their employees or third parties by ashes, smoke or cigarette butts. The Guest is obliged to pay for all damages caused.
- Wake-up call
Should the Guest desire a wake-up call, they can make this request at the Hotel reception. The Hotelier will try to fulfil this request, but cannot in any way guarantee that the wake-up call will be successful and / or that the Guest will actually wake up/get up through the wake-up call.
- Furnishing and cleaning of the rooms
10.1 All movable and immovable inventory, facilities and equipment located at the Hotel, including items intended for use, are the property of the Hotel and may only be used at the Hotel. This applies in particular, but not exclusively, to slippers, electronic devices and cosmetic products made available to Guests; these must remain in their hotel room after the Guest's departure, provided they have not been used up.
10.2 The Hotelier is entitled to include equipment, facilities or inventory items in the invoice issued to the Contractual Partner and / or the Guest, or to use the Guest’s stored credit card information to debit the appropriate amount from their card and thus settle the invoice.
10.3 All paid Services offered by the Hotelier or third parties which the Guest uses before, during or after their stay (e.g. Pay-TV, Internet, Minibar, Shuttle Service, Planet ZEN) will be charged to the Guest's invoice and must be paid by the Guest or by the Contractual Partner. This does not only apply to Services rendered before the check-out that are known to the Hotelier, but also to Services rendered that only become apparent to the Hotelier after the check-out of the Guest. In this case, the Hotelier is entitled to use the Guest's stored credit card information and to charge the Guest's card with the appropriate amount to settle the bill.
10.4 The Guest and / or the Contractual Partner shall be liable to the Hotelier for any loss or damage to the equipment in the Hotel room, caused deliberately or by gross negligence on the part of the Guest. This does not apply to items which are intended for consumption.
10.5 The cleaning service cleans the rooms daily between 08:00 a.m. CET and 04:00 p.m. CET, whereby rooms displaying the ”Please do not disturb” sign on the door will not be cleaned. The Guest is not entitled to have their room(s) cleaned at a specific time. In the event of a specific problem the cleaning service is available to the Guest, from 04:00 p.m. CET to 09:00 p.m. CET; the Guest can ask at the reception for more information about this service.
11.1 If the Guest has ordered breakfast, they can only arrive at the breakfast time indicated by the Hotelier at the place designated for this purpose in the hotel.
11.2 Outside the times stated by the Hotelier or at any other place, breakfast can be requested by the Guest at the Hotel reception no later than 20:00 CET the day before. Should the Hotelier confirm this request, the Guest accepts to pay the additional costs for this. The Hotelier will endeavour to provide a take-away breakfast for Guests who have ordered and paid for it in advance. The composition of this breakfast is solely at the discretion of the Hotelier. The Guest is not entitled to demand certain food, dishes or methods of preparation.
11.3 The composition of the breakfast is the responsibility of the Hotelier. The Guest has no right to demand certain food, dishes, drinks or methods of preparation. If it is within the range of what is possible for the Hotelier, certain wishes of the Guest can be fulfilled against payment of an additional fee by the Guest.
11.4 If the Guest should require a special diet for health reasons or due to their belief, the Guest can announce this at the reception of the Hotel; the Hotelier will endeavour to offer this diet, but the Guest has no legal claim thereto.
11.5 The Hotelier has the right to change breakfast times or to move breakfast to a different location at short notice, especially if an event is taking place at the Hotel.
11.6 It is strictly forbidden to remove food or beverages from the breakfast room, this includes tea and coffee bags. In order to avoid misunderstandings, it should be noted that it is not allowed to prepare and take away packed lunches. However, the Hotelier can provide a packed lunch for the Guest on request; they can charge the Guest for the cost of this.
12.1 The Guest may bring their pet(s) to their hotel room. However, the Guest is obliged to inform the Hotel reception in advance and pay any additional fee for this.
12.2 The Guest must ensure that at no time there is any danger to other Guests of the Hotel or the Hotel staff from their pet. They must take the fears of third parties into consideration even when they themselves do not consider their pet to be dangerous. In particular, the Guest is obliged to keep their pet(s) on a leash, if necessary with a muzzle, and the animal must be accompanied and supervised by the Guest at all times.
12.3 The Guest is liable for all damages caused by the pet(s) they brought along.
12.4 The Hotelier or their employees have the right to take custody of pets or to have one or more pets removed by a veterinarian or the police if the Hotelier classifies the pet as a danger for the Hotel guests or the Hotel staff and the Guest is not able to bring their pet(s) under control or the Guest cannot be found in time.
- Concierge Services
13.1 The Hotelier offers a so-called Concierge Service within a framework defined by the Hotelier. The Hotelier has the right to change this framework, in particular, but not exclusively, he may suspend certain concierge services. The concierge service includes, inter alia, the sale of tickets to cultural events, the organization and provision of transport services and restaurant reservations.
13.2 If the Hotel provides concierge service free of charge, the Hotelier shall not be liable for any errors in reservations or orders. The Guest has no legal claim to the reservations, orders and other services requested by them.
13.3 The Guest agrees that some concierge servicess make use of services provided by contractual or business partners of the Hotelier (e.g. shuttle service, yoga etc.). Under no circumstance does the Hotelier have to inform the Guest of the terms and conditions of the same. If the Guest finds more advantageous conditions offered by other market participants, the Guest has no legal claims against the service providers arranged by the Hotelier or the Hotelier itself.
- General rights and obligations of the Guest
14.1 The Hotelier has the domestic authority of destination in all areas of the Hotel. This right can also be exercised by the Hotelier’s employees towards the Guest.
14.2 The Guest must behave appropriately in all public areas of the Hotel and must take care that they do not disturb or annoy other Guests. In particular, but not exclusively, the Guest has to ensure that they frequent all public areas of the Hotel dressed appropriately and adjust their volume to the surroundings.
14.3 The Guest has to keep to the night peace from 22:00 CET to 07:00 CET. If a Guest, after a warning by the Hotel staff regarding their disturbance of the peace, still does not adhere to the above-mentioned night peace, the Hotelier shall be entitled to remove the Guest(s) from the room and to expel them from the Hotel; in this case, the Hotelier’s claims against the Contractual Partner and / or the Guest shall remain unaffected.
14.4 When leaving a room - this also applies to the check-out - it is the Guest's responsibility to ensure that all taps in the bathroom are turned off and that there is no open fire in the room, which is prohibited anyway. Damage caused by not observing the above obligations must be borne by the Contractual Partner and / or the Guest.
14.5 The Hotelier has the right to enter the room(s) occupied by the Guest, in particular to clean the room, replace the towels and replace used cosmetics.
14.6 The Guest has the possibility to store their personal belongings, which they want to protect from loss, in the room safe or the Hotel safe. These safes are provided to the Guest by the Hotelier at their own discretion. The Guest has no legal claim to the provision and / or functionality of the safes. Under no circumstances shall the Hotelier be liable for the loss of personal belongings stored in one of the safes.
14.7 The Hotelier may authorize third parties to exercise the rights and obligations in these Terms and Conditions, individual contracts and / or applicable laws; when this concerns the Hotelier’s employees, they are entitled to do so in any case.
14.8 There is a free Internet connection (Wi-Fi) available in the Hotel for the Guest. The Guest has no legal claim to an internet connection. The Hotelier may interrupt or slow down the internet connection. When using the internet, the Guest is obliged not to use any pages and internet content that violates legal regulations, nor carry out any activity on the Internet that is illegal because of the technology or the content. The Guest agrees that the Hotelier can and may store all click streams and possible information on uploads and downloads. He may, if obligated to do so, pass them to law enforcement authorities if he is requested to do so by them. The Hotelier has the right to pre-filter and block certain sites, especially, but not exclusively, in the case of streaming and file sharing platforms.
- Use of the spa and fitness area
15.1 The Hotelier may allow the Guest to use the spa and fitness area free of charge. The Hotelier has the right to determine or change the scope and design of this use at any time.
15.2 The use of the spa area and / or the fitness area is at the Guest's own risk. They are also responsible for the supervision of children and persons under supervision. The Hotel is not liable for injuries and / or damages caused to the Guest and persons checked in with the Guest.
15.3 Apart from the general ban on smoking, it is also forbidden to bring or consume any kind of food or alcohol in the spa area. This applies to the entire area of the spa and fitness area.
15.4 The sauna area is regularly available daily between 16:00 CET and 22:00 CET. There are no gender-specific usage times. The sauna area cannot be reserved or used exclusively.
15.5 The fitness area can be used daily between 07:30 CET and 22:00 CET.