Linsberg Asia General Terms and Conditions
Contractual Relationship:
Contractual partners are the hotel and thermal springs (Asia Resort Linsberg Betriebs GmbH), hereinafter "Linsberg Asia", and the guest (individual guest, tour operator or private tour groups). The usage of deliverables and performances shall be binding for both parties upon confirmation by Linsberg Asia. With no special formal requirements, such confirmation shall form the basis of a so-called Accommodation Agreement (hotel) and/or Service Agreement (thermal springs), meaning that Linsberg Asia shall be obliged to provide the room and/or access to the thermal springs and the guest shall be obliged to pay. The basic legal situation shall also be unaffected by the fact that non-paid rooms may be otherwise rented out after 6 pm (see the Austrian Hotelier Association [ÖHV] guidelines).
Conclusion of Agreement, Deposit:
As a rule, the Accommodation Agreement shall come into being once the hotel has accepted the guest's written or verbal reservation. It may be agreed that the guest shall pay a deposit. The hotel may also request advance payment of the entire amount. The usage of the thermal springs shall require prior payment of the entire amount.
Arrival and Departure:
Reserved rooms shall be available to the guest as of 3 pm on arrival and until 11 am on the day of departure. The hotel shall determine which rooms are to be assigned to the guest on the day of arrival. Should no later arrival have been explicitly agreed, the hotel shall be entitled to otherwise assign reserved rooms after 6 pm, without the guest being able to derive a resulting claim for compensation. The hotel shall be entitled to a right of withdrawal from the Agreement in this respect. Should the guest, however, have "guaranteed" his/her arrival and/or paid a deposit, the room(s) shall remain reserved until no later than 11 am on the following day. In the event of a scheduled departure after 12 pm, the guest is requested to inform the reception by no later than 10 pm on the day prior to departure; in the event of a departure being delayed until 6 pm, half the room price will be charged; after 6 pm the full room price will be charged.
Prices:
Prices are set according to the applicable price list at the time.
Terms and Conditions of Payment:
All Linsberg Asia invoices shall fall due for payment on the guest's departure and/or once invoiced with no deduction (net hotel). In all cases, the hotel may request a reasonable amount of advance payment from the guest. Should the aforementioned payment deadline be exceeded, the guest shall then be in default, without any reminder being necessary. As of the occurrence of default, Linsberg Asia shall be entitled to demand default interest of 1.5% p.m. For any reminders ensuing after default occurs, a reminder charge may be demanded in each individual case. (Wiener Neustadt is agreed as legal venue).
Withdrawal and Cancellation:
In the event of force majeure and other obstacles to performance for which Linsberg Asia is not responsible, especially those outside the hotel's sphere of influence, the hotel shall reserve the right to withdraw from the Agreement, without the guest being entitled to any resulting claims for compensation. (Force Majeure). Unless otherwise agreed, the ÖHV guidelines shall apply. In the event of cancellation, 0% of the overall arrangement shall fall due up to 3 months prior to arrival, 40% up to 1 month, 70% up to 1 week and 90% thereafter.
Liability:
Linsberg Asia shall only be liable if its employees are verifiably culpable. Lost property shall only be forwarded at the guest's risk and expense. Linsberg Asia shall reserve the right to a 6-month retention period. For damage to property suffered by a guest, Linsberg Asia shall only be liable if the damage to property has occurred within the scope of the operation and Linsberg Asia or its employees are verifiably responsible for said damage. For any objects brought in by the guest, Linsberg Asia shall only be liable up to the maximum statutory amount. The safekeeping of precious items, gold and securities may be refused, if the objects concerned are considerably more valuable than those usually given by guests to the hotel for safekeeping. The hotel shall bear no liability whatsoever if the room or the container in which the guest leaves any objects, is left unlocked. Guests shall be requested to deposit objects of value in the safes/valuables boxes located in the hotel rooms or thermal spring dressing rooms. The hotel has no surveillance obligation. However, Linsberg Asia shall reserve the right to implement closed-circuit television surveillance pursuant to the Austrian Data Protection Act. In the case of guests' and visitors' vehicles, the hotel shall only be liable for those damages to the vehicle either based on an already existing defect in the parking lot at the time of surrender or caused intentionally or due to gross negligence by Linsberg Asia employees. (In each case the provisions of the Austrian road traffic regulations [StVO] shall apply). The guest shall use the baths as well as the entire swimming pool facilities and equipment (fitness room) at his/her own risk. Parents shall be liable for their children/pet owners shall be responsible for their pets.
Hotel & Bathing Rules (Rules of the House):
Hotel and thermal spring guests shall be required to observe the hotel and bathing rules throughout the entire Linsberg Asia area.
General:
Neither sub-leasing, nor re-leasing, nor the use of hotel rooms for purposes other than residency shall be permitted. An extension of the stay by the guest shall require the consent of Linsberg Asia (hotel). For any disputes arising from the Accommodation Agreement, the competent local court for the accommodation operation (Wiener Neustadt) shall be agreed as legal venue. For any disputes arising from this Agreement, in the event of the hotel filing suit against consumers in accordance with the Austrian Customer Protection Act (KSchG), the competent court shall be that of the administrative district in which the consumer's domicile, habitual residence or location of employment is located.