§ 1 Scope
1.1 These General Terms and Conditions of JM-Locations (hereinafter "GTC") replace all previously drafted terms and agreements.
1.2 The GTC do not exclude special agreements. The GTC are subsidiary to agreements made on an individual basis.
§ 2 Definitions
2.1 Definitions:
"Accommodation provider": a natural or legal person who accommodates guests in return for payment.
"Guest": a natural person who makes use of accommodation. The guest is generally also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also deemed guests.
"Contracting party": a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.
"Consumer" and "entrepreneur": these terms are to be understood within the meaning of the Austrian Consumer Protection Act 1979 as amended.
"Accommodation contract": the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of contract – Deposit
3.1 The accommodation contract comes into effect upon acceptance of the contracting party's order by the accommodation provider itself or by the respective commissioned provider (e.g. Airbnb, booking.com, hotels.com, etc.). Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and receipt occurs during the accommodation provider's announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the contracting party pays a deposit. In this case the accommodation provider is obliged, before accepting the contracting party's written or verbal order, to inform the contracting party of the required deposit. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract comes into effect upon receipt by the accommodation provider of the contracting party's declaration of consent to payment of the deposit.
3.3 The contracting party is obliged to pay any agreed deposit no later than 7 days (received) before the accommodation. The costs of the money transaction (e.g. transfer fees) are borne by the contracting party. For credit and debit cards, the respective terms of the card companies apply. The payment terms and payment deadlines in the individual booking offer apply.
3.4 The deposit is a partial payment towards the agreed fee.
3.5 The agreed security deposit is to be regarded independently of the total booking amount. The security deposit cannot be retroactively deducted from the total booking amount and must be handed over in full. The security deposit will be refunded by the accommodation provider after completion of the individual handover/deposit protocol. The transmission of the protocol and the refund or additional payment must be processed by the accommodation provider and sent to the guest within 14 days.
3.6 The guest is liable without limitation, beyond the amount of the security deposit, for all damage. See §11.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to move into the rented rooms from 4:00 p.m. on the agreed day ("day of arrival").
4.2 If a room is first occupied before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 10:00 a.m. on the day of departure. The accommodation provider 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 accommodation provider
5.1 If the accommodation contract provides for a deposit and the deposit has not been paid by the contracting party on time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see §3.3), the rooms remain reserved until 10:00 a.m. at the latest on the day following the agreed day of arrival. In the case of advance payment for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, the day of arrival counting as the first day, unless the guest announces a later day of arrival.
5.4 The accommodation contract may be terminated by the accommodation provider at any time by unilateral declaration, even without objectively justified reasons. Withdrawal by the contracting party – cancellation fee.
5.5 Up to 6 months before the guest's agreed day of arrival, the accommodation contract may be terminated by unilateral declaration of the contracting party without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
- up to 6 months before the day of arrival: 0 % of the total package price;
- up to 3 months before the day of arrival: 50 % of the total package price;
- in the last month before the day of arrival: 100 % of the total package price.
5.7 If the contracting party is unable to arrive at the accommodation establishment on the day of arrival because all means of arrival are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival. In this case the contracting party must, without being asked, provide the accommodation provider with appropriate evidence.
5.8 The obligation to pay for the booked stay is revived from the moment arrival becomes possible again, provided arrival becomes possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The accommodation provider may provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, particularly if the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) has/have become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation are not borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, of the facilities of the accommodation establishment that are customarily accessible to guests without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay, no later than at the time of departure, the agreed fee plus any additional amounts incurred through separate use of services by them and/or the guests accompanying them, plus statutory VAT.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted as payment at the daily rate where practicable. Should the accommodation provider accept foreign currencies or cashless means of payment, the contracting party bears all associated costs, such as enquiries to credit card companies, telegrams, etc.
8.3 The contracting party is liable without limitation to the accommodation provider for any damage caused by them, the guest or other persons who receive services from the accommodation provider with the knowledge or consent of the contracting party. This liability applies irrespective of any security deposit paid, and also beyond it.
8.4 The contracting party is in particular liable for the appropriate, proper and safe use of the accommodation provided as well as of the optional additional facilities offered, such as the fitness area, swimming pool, sauna, etc.
8.5 The contracting party must fulfil their obligations in accordance with any guest guidelines (house rules).
8.6 Electricity costs exceeding the seasonally dependent electricity allowance included in the rental fee are to be borne by the contracting party. (see §9c)
8.7 Water costs exceeding the seasonally dependent water allowance included in the rental fee are to be borne by the contracting party. (see §9d)
§ 9 Rights of the accommodation provider
9.1 If the contracting party refuses to pay the stipulated fee or is in arrears, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB (Austrian Civil Code) and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien is further available to the accommodation provider to secure its claims under the accommodation contract, in particular for catering, other expenses incurred on behalf of the contracting party and any compensation claims of whatever kind.
9.2 If service is requested by the contracting party at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to invoice or interim-invoice its services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to render the agreed services to an extent corresponding to its standard.
10.2 Special services of the accommodation provider that are subject to separate charges and not included in the accommodation fee are, by way of example:
a) special accommodation services which the accommodation provider may offer voluntarily or invoice separately, such as the provision of sauna, swimming pool, gym, wellness area, garaging, WiFi internet, etc.;
b) a reduced price is charged for the provision of extra beds or cots;
c) electricity costs exceeding the seasonally dependent electricity allowance included in the rental fee. An electricity allowance of 10 kWh/day is included in the accommodation fee in the months May – September. For October – April, 20 kWh/day is included. Higher electricity consumption is charged in the final invoice according to current electricity and grid operator costs.
d) water costs exceeding the seasonally dependent water allowance included in the rental fee. The rental fee includes 0.1 m³ of water consumption per person per day. Water consumption in excess of this is charged according to the water supplier's current tariff sheet. (As of 2022: €2.97/m³)
Any special services are offered voluntarily by the accommodation provider; the contracting party has no entitlement to their availability.
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for items brought in by the contracting party. The accommodation provider is only liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or intended for this purpose by them. Unless the accommodation provider succeeds in providing proof to the contrary, the accommodation provider is liable for its own fault or the fault of its staff as well as of persons entering and leaving. Pursuant to § 970(1) ABGB, the accommodation provider is liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with a request from the accommodation provider to deposit their items in a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited at most to the sum insured under the accommodation provider's liability insurance. Any fault of the contracting party or guest is to be taken into account. Taking out travel theft insurance is recommended.
11.2 The liability of the accommodation provider 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 or indirect damage as well as loss of profit will under no circumstances be compensated.
11.3 For valuables, money and securities handed over to the accommodation provider for safekeeping, the accommodation provider is liable only up to the amount of currently €550. The accommodation provider is liable for damage exceeding this amount only if it accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider itself or one of its staff. The limitation of liability pursuant to 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider may refuse to take valuables, money and securities into safekeeping if the items are considerably more valuable than those which guests of the accommodation establishment in question usually hand over for safekeeping.
11.5 In every case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not report the damage incurred to the accommodation provider immediately upon becoming aware of it. Furthermore, such claims must be asserted in court within three years of the contracting party or guest becoming aware or being able to become aware of them; otherwise the right is extinguished.
§ 12 Limitations of liability
12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case the contracting party bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as loss of profit will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.
§ 13 Pets
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, where applicable, in return for a special fee.
13.2 A contracting party who brings an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest who brings an animal must hold appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for damage caused by animals brought along. The damage includes in particular any compensation the accommodation provider has to pay to third parties.
13.5 Animals are not permitted in rooms with increased hygiene requirements, such as the kitchen, washrooms and wellness and fitness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no entitlement to an extension of their stay. If the contracting party announces their wish to extend the stay in good time, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation establishment on the day of departure because all means of departure are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is possible, if at all, only if the contracting party is unable to make full use of the services offered by the accommodation establishment as a result of the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the low season.
§ 15 Termination of the accommodation contract – Early termination
15.1 If the accommodation contract was concluded for a fixed period, it ends upon expiry of that period.
15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct whatever it saves as a result of the non-use of its services or whatever it has received by renting the ordered rooms to others. A saving exists only if the accommodation establishment is fully occupied at the time of non-use of the rooms ordered by the guest and the rooms can be rented to other guests as a result of the contracting party's cancellation. The burden of proof for the saving lies with the contracting party.
15.3 The contract with the accommodation provider ends upon 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 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect, and without refunding any remaining claims of the contracting party (e.g. pro-rata rental fee, etc.), for good cause, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through reckless, offensive or otherwise grossly improper behaviour, makes cohabitation unpleasant for the surrounding neighbours, other guests, the owner, their staff or third parties living in the accommodation establishment, or commits a criminal offence against the property, morality or physical safety of these persons;
b) contracts an infectious disease or an illness that extends beyond the duration of the accommodation, or otherwise becomes in need of care;
c) fails to pay the invoices presented when due within a reasonable period set (3 days).
15.6 If performance of the contract becomes impossible due to an event constituting force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. by 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 accommodation provider will arrange medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange medical care even without a specific request from the guest, in particular if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest's expense. The scope of these care measures ends, however, at the point in time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation against 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 for patient transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable, or otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets etc., insofar as these were soiled or damaged in connection with the illness or death,
e) room rent, insofar as the rooms were used by the guest, plus any days on which the rooms are unusable due to disinfection, clearance or the like,
f) any other damage incurred by the accommodation provider.
§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In business-to-business transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's domicile has exclusive jurisdiction for actions against the consumer.
§ 18 Severability clause
Should individual provisions of these General Terms and Conditions (GTC) be invalid, the remaining provisions shall remain in force.
§ 19 Miscellaneous
19.1 Unless the above provisions provide otherwise, a period begins to run upon delivery of the document setting the period to the contracting party who must observe it. When calculating a period specified in days, the day on which the point in time or event falls that determines the start of the period is not counted. Periods specified in weeks or months refer to the day of the week or month which, by its name or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month is decisive.
19.2 Declarations must have been received by the other contracting party by the last day of the period (midnight).
19.3 The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contracting party's claim has been established by a court or acknowledged by the accommodation provider.
19.4 Basic cleaning: basic cleaning includes washing and putting away the dishes, removing all waste and sweeping all rooms so that the rental property can be handed over broom-clean (even if final cleaning is included in the travel service or is to be paid for separately). Final cleaning additionally includes, among other things, the thorough cleaning of the kitchen/kitchenette, bathroom/shower, fitness and wellness area and WC. Further details can be found in any guest guidelines (house rules).
19.5 All information in brochures or on the website constitutes descriptions of characteristics and not guarantees, unless expressly designated as a guarantee. We reserve the right to correct errors as well as printing and calculation errors.
19.6 In the event of gaps in these provisions, the relevant statutory provisions apply.
19.7 GDPR: customer data is stored and treated confidentially. Should you wish your data not to be used, please notify us by e-mail or post and we will delete it promptly.
19.8 Redemption of free prize promotions. The voucher is redeemed by arranging a date for the stay via one of the aforementioned options. Cash payment, exchange of the prize or transfer to third parties is not possible. Legal recourse is excluded; there is no enforceable claim to payment of the prize. The entitlement to the prize expires 6 months after dispatch of the prize notification/announcement of the winner if the winner does not redeem the voucher (prize) within this period in writing, namely by fax, by e-mail to info@jm-locations.com, or by registered letter to JM-Locations GesbR, Zösenberg 51A, 8045 Graz, by means of an appointment/booking enquiry.
19.9 General provisions for free-of-charge bookings and "influencer agreements". Unless otherwise agreed in the booking contract, there is no legal entitlement to a stay in a JM-Locations property. The guest has no claim to compensation in the event of cancellation by the host. The host reserves the right to cancel any booking at any time without giving reasons.
Version dated 10 March 2023