General Terms and Conditions

§ 1 General Terms

Following general terms and conditions of business of our company G. & A. Schmitt GmbH, "Ferienwohnungen-mit-herz", and their guests for accommodation contracts.

§ 2 Contract partners

(1) Our partner(s) of accomodation contract is (are) the person(s) making the booking in his (their) own name and in case, of booking for other persons as well.

(2) Persons making use of accommodations are regarded as guests according to said contract terms.

§ 3 Signing of Contract, prepayment

(1) Registration:
With your reservation and the following confirmation of your reservation through
G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at, you sign a binding accommodation contract. Obvious mistakes such as print or miscalculations are subject to alterations. Special requests, bookings under special conditions and supplementary agreements are valid only when expressively confirmed by 
G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at

(2) Prepayment:
The prepayment will be 30% of the total contract amount, minimum € 110,--. The remaining amount of contract is due 8 weeks / 2 months before arrival date. Upon receipt of payment all documents will be sent to you. The prepayment and remaining payment will be shown in our confirmed reservation. Transfer of payment should be made to our following bank account:

Raiffeisenbank Hallein
UID: ATU 573371515

§ 4 Begin and end of accommodation

(1) Arrival and departure:
In general the arrival time begins at 2.00 pm and ends at 6.00 pm. The reserved accommodation must be cleared by 10.00 am, latest on day of departure. The guests are requested to leave the accommodation in an absolutely clean and proper condition. If the accommodation is left in an improper state, the deposit will be retained.

§ 5 Cancellation of Booking Contract

(1) Both parties are able to cancel the booking contract prior to 3 months of the arrival date without any cancellation fee. The cancellation must be given in writing and also be in the hands of the contract partner at least 3 months before the agreed date of accommodation.

(2) Up to 61 days before begin of accommodation the cancellation fee amounts to 10% of the contract amount; a minimum of € 100 must be paid.

(3) From 60 – 45 days before begin of accommodation 30%

(4) From 45 – 10 days before begin of accommodation 70%

(5) From 10 – 3 days before begin of accommodation 90%

(6) From 3 days before begin of accommodation the full amount of the contract must be paid.
Changing of the accommodation date is regarded as a cancellation and new booking.

§ 6 Provision of an altenate accommodation

(1) G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at may provide the guest with an alternate accommodation in case of a minor and/or objectively justified divergence.

(2) As an objective justification will be regarded:  - if the rooms of the accommodation cannot be utilized – already accommodated guests extend their stay – in case of other important operational measures

(3) All additional costs for the provision of alternate accommodation are at the provider´s expense.

§ Rights of guests

The guest is entitled to use all rooms and inventary of the accommodation, but not locked rooms and storages.

§ 8 Liabilities of the guest

(1) The end cleaning fee and the deposit must be paid. The deposit will be returned to the guest if the accommodation is left in a proper and orderly condition.

(2) Before using electrical appliances which are owned by guests and do not belong to the usual travel requirements, the confirmation of the accommodator must be given.

(3) Damages caused by the guests are liable to the regulations of the indemnity law. The guest is responsible for all damages or hindrances which he or other persons may cause to the accommodator, also when the claimant is entitled to claim payment of damages directly from the accommodator.

(4) The guest has to execute the general cleaning of the accommodation independent of the end cleaning performed by the accommodator. 

§ 9 Rights of the accommodation provider

(1) If the guest refuses to pay for the accommodation or falls behind with the payment, the owner of the accommodation has the right to retain the brought with properties of the guest. (§970 c ABGB right of retention)

(2) The accommodator has the right to secure the agreed contract price by retaining the brought with properties of the guest. ( §1101 ABGB lien on moveable objects ).

§ 10 Duties of the accommodator

(1) The company G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at is bound by contract to perform the services offered, to the full extent.
(2) Guaranteed prices for special services must be inclusive prices.

§ 11 Liability of accommodator

The company G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at, as agents, are liable only for mistakes in connection with the arrangement of the booking for which we are at fault. Our liability is limited to three times the price of the service arranged, unless there is evidence that the mistake was the result of intent or gross negligence.


§ 12  Pets

Pets are not allowed. In case of a spezial agreement this must be explicitly obtained in writing from G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at. the guest is responsible for any damages caused by the pets.

§ 13 Extension of accommodation

An extension of ones stay must be confirmed by Firma G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at.

§ 14 Ending of Accommodation

If the accommodation was agreed upon by a contract, then it ends with the date of accommodation termination. If the guest leaves before this time, then the accommodator is entitled to claim the full amount as contracted.

§ 15 Illness or death of guest

(1) If a guest becomes ill during his stay it is the duty of the accommodator  ( G. & A. Schmitt GmbH, ferienwohnungen-mit-herz.at)) to provide medical attention if necessary if the guest is not in the position to do so himself, provided the accommodator is given due notice.

(2) The accommodator has following entitlement from the legal successor of the guest for expenses incurred by eg. death:
a) Outstanding doctors bills
b) For necessary room disinfection, if ordered by the public heath officer.
c) Reimbursement for soiled bedding or furnishing.
d) For the replacement of furnishing, carpets etc, if these have been related to the illness or death of guest.
e) For the rent if the accommodation is uninhabitable related to the illness or death of a guest.

§ 16 Place of performance and place of Jurisdiction

(1) Place of performance is Zell am See

(2) All disputes arising from the accommodation contract will be stipulated by the regional Court of law.