General Terms and Conditions (GTC) of Pension Mozart Hospitality GmbH

1. Scope, contracting parties, language

These General Terms and Conditions (GTC) govern the mutual rights and obligations between Pension Mozart Hospitality GmbH, Theobaldgasse 15/12, 1060 Vienna, Austria (hereinafter “Pension”) and the contracting partner in connection with paid accommodation.

Note on language: For readability, these GTC predominantly use the masculine form. All personal designations apply equally to all genders (m/f/d).

These GTC apply to all current and future accommodation agreements with the Pension, even if they are not expressly referenced in individual cases. Agreements deviating from or supplementing these GTC (“special agreements”) apply only if expressly confirmed by the Pension in text form. Special agreements take precedence over the respective provisions of these GTC; otherwise, these GTC remain applicable.

General terms and conditions of the contracting partner apply only if their validity has been expressly acknowledged by the Pension in advance and in text form. Silence by the Pension does not constitute consent. Only the German version of these GTC is binding; translations are provided for information purposes only.

2. Definitions

Pension / Accommodation provider: Pension Mozart Hospitality GmbH, which offers paid accommodation services.

Contracting partner: The natural or legal person that concludes the accommodation agreement with the Pension, whether as a guest themself or on behalf of one or more guests.

Guest: The natural person who actually uses the accommodation service; accompanying persons of the contracting partner are also considered guests.

Main guest: The guest listed as the main point of contact for the booking, who completes the online registration for themself and—where applicable—for accompanying persons, and serves as the contact person vis-à-vis the Pension.

Group / Group booking: A booking in which the same contracting partner books at least five (5) accommodations (rooms and/or apartments) at the Pension for the same or overlapping stay periods, regardless of the number of persons actually arriving.

Consumer / Entrepreneur: Within the meaning of the Austrian Consumer Protection Act (KSchG).

Intermediary: Third parties (in particular online travel agencies, travel agents) that broker the Pension’s accommodation services, regardless of whether an intermediation agreement with the Pension exists.

Accommodation agreement: The contract concluded between the Pension and the contracting partner for paid accommodation, including any ancillary services specified in the booking confirmation.

Non-arrival / no-show: Failure to use the booked accommodation on the agreed arrival date without timely cancellation in accordance with the applicable cancellation conditions; this also includes non-arrival for reasons within the contracting partner’s or the guest’s sphere (e.g., flight cancellations, flight delays, missed connections, rebookings by airlines, strikes, or other disruptions within the responsibility of transport companies), as well as any prevention of check-in attributable to the contracting partner, in particular due to failure to comply with the obligations under Clause 7 (online registration, provision of a means of payment).

3. Subject matter, amenities, conclusion of contract, prices, taxes, payment

3.1 Subject matter (main performance)
The contractually owed main performance consists of the temporary provision of an accommodation unit of the booked category at the Pension for lodging, including sanitary facilities for exclusive use, basic bed linen and towels, and a functional supply of electricity and water. For units advertised as an apartment or with a kitchen/kitchenette, the main performance additionally includes a basic possibility to prepare and refrigerate food and beverages.

Other facilities, amenity details and service elements are not guaranteed main services, but are provided additionally subject to availability.

3.2 Conclusion of contract
An accommodation agreement is concluded when the Pension confirms the contracting partner’s booking electronically (“booking confirmation”) or a corresponding confirmation is issued via a booking platform. The confirmation may be automated.

3.3 Amenities, descriptions, variability
Descriptions, photos and amenity lists on booking platforms, the Pension’s website or other information media serve general information purposes and show examples of typical units of the respective category. The specific design of accommodations—in particular type, scope, position, number, brand, model and quality of furniture, appliances, amenity and utility items, decoration, surfaces and technical equipment—may vary between individual units of the same category and may change over time.

There is no entitlement to allocation of a specific room or apartment within a category, to a specific view, a specific floor or specific amenity features, unless expressly and individually promised in writing. Deviations from descriptions, photos or amenity lists as well as replacement of individual amenity details do not give rise to warranty, price reduction or damages claims as long as the main performance described in Clause 3.1 is not materially impaired.

3.4 Building, surroundings, third-party services
The Pension exclusively operates the units specified in the accommodation agreement within the building. Other parts of the building, in particular common areas such as staircase, lift, entrance and outdoor areas, as well as businesses located in or at the building (in particular restaurants, bars, offices or other uses) are managed by third parties and are not part of the accommodation service.

Circumstances, impacts and disturbances outside the Pension’s reasonable sphere of influence shall—to the extent permitted by law—not be deemed a defect of the accommodation service as long as the main performance described in Clause 3.1 remains substantially usable. This includes, in particular but not limited to, emissions and impacts from the building and its common areas, from the surrounding area and public space (in particular customary noise, odour and light emissions as well as construction and event activities), official measures, and the availability, quality and disruptions of infrastructure, supply and other services operated by third parties (e.g., transport, energy, water, telecommunications, internet, parking and catering offers).

Such circumstances do not entitle the contracting partner/guest—to the extent permitted by law—to a price reduction, contract termination or damages as long as the main performance under Clause 3.1 is not materially and permanently impaired. Mandatory statutory rights of the contracting partner/guest, in particular under mandatory consumer protection provisions, remain unaffected.

Any goodwill services granted by the Pension (in particular room changes, rebookings or credits) are provided without recognition of any legal obligation and do not establish an entitlement for future cases.

3.5 Prices, third-party benefits, assessment basis
The applicable prices result from the Pension’s price list valid at the time of booking or the rates displayed on the website or via booking portals, insofar as these are confirmed by the Pension. Unless expressly stated otherwise, prices are per unit and night, including Austrian VAT valid at the time of booking and local charges valid at the time of booking (in particular local tourist tax), subject to Clause 3.6.

Price reductions, discounts, bonuses, vouchers, subsidies or other benefits granted or financed by an intermediary or other third party do not affect the remuneration owed to the Pension nor the assessment basis for taxes, charges, fees and cancellation fees. The full accommodation price confirmed by the Pension is always decisive.

3.6 Taxes and charges
If statutory taxes or charges change after conclusion of the contract, in particular VAT, local tourist tax or comparable tourism levies, or if new comparable charges are introduced, the agreed price shall change accordingly upward or downward insofar as the change exclusively concerns such taxes or charges. The Pension is entitled to subsequently invoice or credit the resulting differences.

3.7 Payment terms
The Pension is entitled to make the conclusion or continuation of the accommodation agreement dependent on a deposit or full prepayment. For flexible rates, the total price is due no later than two full calendar days before the agreed arrival date. For non-refundable rates, the total price is due in full on the day of booking. Costs of the money transaction are borne by the contracting partner.

3.8 Means of payment and charging authorisation
By providing a means of payment during booking, via a booking portal, or during online registration, the contracting partner irrevocably authorises the Pension to settle all existing and future claims arising from or in connection with the accommodation agreement through this means of payment. This includes, in particular, accommodation charges, taxes and charges, charges for additional services, charges related to arrival and departure, lump-sum charges and costs under these GTC, as well as other claims arising from the contractual relationship. The Pension is entitled to charge amounts also after departure.

3.9 No refund
Services agreed but not used for reasons within the contracting partner’s or guest’s sphere do not entitle the contracting partner/guest to any partial refund or reduction of the remuneration.

3.10 Invoices, due date, default interest, enforcement costs
If, under a special agreement or exceptionally deviating from Clause 3.7, payment after arrival or after departure by invoice is permitted, all invoices of the Pension are due for payment immediately upon receipt, but no later than within seven (7) calendar days from the invoice date, without deduction.

In case of late payment, the Pension is entitled to charge default interest at the statutory rate vis-à-vis consumers and at the rate applicable under § 456 UGB vis-à-vis entrepreneurs. In addition, the Pension is entitled to invoice reasonable reminder fees as well as all necessary and appropriate costs for enforcement (in particular collection, court and attorney fees).

3.11 Special conditions for group bookings
For group bookings within the meaning of Clause 2 (“Group / Group booking”), the Pension is entitled to define special conditions deviating from or supplementing the general payment, amendment and cancellation conditions—especially regarding deposits, prepayment, name lists, deadlines and lump-sum cancellation fees. These group-specific conditions are communicated to the contracting partner prior to contract conclusion and stated in the booking confirmation; they take precedence over these GTC insofar as they contain deviating provisions.

If no separate group agreement exists, the rate-specific conditions shown during the booking process and in the booking confirmation apply accordingly to the entire group booking.

4. Commencement and end of accommodation

The accommodation unit is available on the arrival day from 3:00 p.m. There is no entitlement to earlier use. If an accommodation unit is used for the first time before 6:00 a.m., the preceding night counts as the first overnight stay.

Early check-in before 3:00 p.m. is only possible with the Pension’s express prior confirmation and, if applicable, against payment. Any use of the accommodation unit or premises before 3:00 p.m. that is permitted by the Pension as a gesture of goodwill does not entitle the guest to a price reduction or damages, provided any defects can be remedied by 3:00 p.m.

On the departure day, the accommodation unit must be fully vacated and left in proper condition no later than 11:00 a.m.; all access means must be returned. In case of late vacation, the Pension is entitled to charge 50% of the daily price for use up to 2:00 p.m., and 100% of the daily price per started day thereafter, without any entitlement to an additional overnight stay.

If the guest(s) cannot depart on the agreed departure day due to force majeure within the meaning of Clause 5 (in particular officially ordered road closures, severe natural events, blackout, or comparable extraordinary circumstances beyond the Pension’s control) and departure is objectively impossible, the accommodation agreement is automatically extended for the duration of the actual impossibility of departure. For this period, the contracting partner owes remuneration at least in the amount of the accommodation price per night and unit agreed for the original stay period; however, the Pension is entitled to charge a lower current daily price if applicable.

The contracting partner must inform the Pension immediately of such impossibility of departure and take all reasonable measures to enable departure as soon as possible. A reduction in remuneration is only possible if and to the extent that the guest cannot use the contractually owed main performance due to the extraordinary circumstances and such reduction is mandatorily provided by law.

5. Cancellation, withdrawal, non-arrival (no-show)

Withdrawal by the Pension: If an agreed deposit or prepayment is not made in due time or if other objectively justified reasons exist (in particular risk to operations, late payment, material false statements), the Pension may withdraw from the contract. Any claims for compensation remain unaffected.

Cancellation by the contracting partner – flexible rates: A booking at a flexible rate may be cancelled or modified free of charge until two full calendar days before the arrival date, 24:00 CET, without charge. In the event of later cancellation, modification or non-arrival (no-show), the Pension may claim 100% of the total booking price including booked third-party services.

Cancellation by the contracting partner – non-refundable rates: For non-refundable rates, the total package price is due upon booking and is non-refundable. Cancellations, changes, non-arrivals (no-shows) or shortened stays do not entitle the guest to a refund.

Early departure: If the guest departs early or does not use individual booked nights for reasons within the guest’s sphere, the full agreed price remains payable.

Rate-specific conditions: For each booking, the payment, amendment and cancellation conditions shown for the specific rate during the booking process and in the booking confirmation take precedence.

Force majeure – objective impossibility of arrival
A cancellation of the obligation to pay due to force majeure is only possible for those nights for which arrival at the Pension’s location is demonstrably objectively impossible, also taking into account reasonable alternative travel routes and means of transport (e.g., train, bus, car, alternative routes). The mere disruption, delay, cancellation or non-operation of a single means of transport chosen by the guest (in particular flight cancellation, flight delay, missed connection, rebooking by the airline, strike at airlines or other transport companies) does not in itself constitute an objective impossibility of arrival and therefore does not lead to the cancellation of cancellation or payment obligations under the conditions applicable to the booking, provided that arrival would in principle have been possible in another reasonable way.

Force majeure exists in particular in the case of unforeseeable, extraordinary events outside the parties’ sphere of influence which cannot be averted even by exercising the utmost care reasonably required under the circumstances and which entirely preclude arrival at the Pension’s location (e.g., officially ordered general travel or access bans, official border closures, large-scale prolonged blackout, severe natural events). The contracting partner must notify the Pension of the existence of an objective impossibility of arrival without undue delay and, upon request, provide suitable evidence. Mandatory statutory consumer rights remain unaffected.

Pension’s right of withdrawal in case of force majeure and extraordinary circumstances
If performance of the accommodation agreement becomes significantly more difficult, jeopardised or impossible for the Pension due to force majeure or other extraordinary circumstances for which it is not responsible (in particular officially ordered business closures, accommodation bans, quarantine measures, severe supply interruptions), the Pension is entitled to withdraw from the contract in whole or in part or to terminate the contract with immediate effect. In such cases, any payments already made for nights not provided will be refunded to the contracting partner; further claims by the contracting partner, in particular damages or reimbursement of futile expenses, are excluded to the extent permitted by law.

6. Guest illness

If a guest becomes ill during the stay and, from an objective perspective, medical assistance appears necessary or urgent, the Pension is entitled to contact a doctor or emergency service at the guest’s expense, insofar as it is apparent that the guest is not able to do so themself.

The contracting partner or guest bears the costs for medical assistance, transport, and any necessary cleaning and disinfection measures.

The Pension’s claim for reimbursement includes, in particular, insofar as necessary and reasonable:

• outstanding doctor, hospital and emergency service costs as well as costs for medical transport, medicines and medical aids,
• costs for special cleaning and disinfection of the accommodation unit and, if applicable, common areas,
• replacement of linen, bed linen and bed furnishings that have become unusable or the costs of their disinfection or thorough cleaning,
• restoration and cleaning of walls, floors, furniture, furnishings and equipment items insofar as these have been soiled or damaged in connection with the illness,
• the agreed remuneration for the duration of the accommodation unit’s use by the ill guest and for any additional days during which the unit cannot be rented due to necessary cleaning, disinfection or repair measures,
• other damages and expenses incurred by the Pension in connection with the guest’s illness.

In the event of a guest’s death, the Pension’s claims for reimbursement against the contracting partner and the guest pass to their legal successors. To the extent permitted by law, the accommodation agreement ends with the death of the guest; remuneration and reimbursement claims already accrued remain in force.

7. Contactless operation, online registration & communication

The Pension operates the accommodation largely contactless and without a continuously staffed reception desk. Check-in generally takes place digitally via online registration and access details transmitted electronically. There is no entitlement to a personal reception.

The contracting partner and/or main guest is required to complete the online registration specified by the Pension fully and truthfully before arrival or, at the latest, upon arrival and to transmit all requested data. This includes in particular the registration data required under Austrian registration law and related regulations (in particular name, date of birth, gender, nationality, country of origin, address including postal code; for foreign guests additionally type, number, date of issue and issuing authority of the travel document as well as arrival and departure dates) as well as the corresponding information for accompanying persons subject to registration, insofar as they do not register themselves.

The Pension is legally obliged to keep a guest register and to register guests within the legally prescribed period. If the contracting partner/main guest refuses to provide the required registration data or if there is otherwise reason to assume that the guest is not complying with their legal registration obligation, the Pension is entitled to refuse accommodation and—to the extent provided by law—to inform the competent registration authority. Such refusal may constitute an administrative offence by the guest; the Pension bears no responsibility for this.

As part of online registration, the contracting partner must provide a valid means of payment accepted by the Pension—especially a credit card—as security for accommodation charges and other claims arising from or in connection with the accommodation agreement. Clause 3.8 applies accordingly; by providing the means of payment, the contracting partner grants the charging authorisation set out therein.

Without timely and complete online registration including all mandatory requested data and without provision of a valid means of payment, there is no entitlement to check-in or access to the accommodation unit. If the contracting partner does not comply with these obligations despite a reasonable deadline or request, the Pension is entitled to withdraw from the contract or to treat the booking as a non-arrival (no-show) attributable to the contracting partner; the agreed cancellation and no-show conditions apply accordingly.

The contracting partner must provide complete and correct electronic contact details and notify changes without undue delay. The Pension may send communications in connection with the accommodation agreement via appropriate electronic means (e.g., email, SMS, messaging services) to the last provided contact details. Electronic communications are deemed received as soon as they have arrived within the contracting partner’s electronic sphere of control and are retrievable under normal circumstances. The risk of non-reachability or non-retrieval lies with the contracting partner. If the contracting partner uses an intermediary, any electronic communication by the Pension to the intermediary is deemed received by the contracting partner as soon as it is retrievable within the intermediary’s electronic sphere of control.

8. Resale & intermediation

Independent resale, intermediation or independent advertising of the Pension’s accommodations by third parties is only permitted with a separate written intermediation agreement. Without such an agreement, the accommodation agreement is concluded directly between the Pension and the contracting partner/guest, even if the booking is made via a third party.

Use of the Pension’s copyrighted content, in particular images, trademarks, texts or layouts, is prohibited without prior written consent. In case of violations, the Pension is entitled to cancel bookings and assert damages claims against the responsible third party. The Pension is not liable for disadvantages resulting from incorrect or incomplete information provided by an intermediary.

9. Conduct, house rules, damages

Smoking is strictly prohibited in all accommodation units and interior areas of the Pension. In case of violations, the Pension is entitled to terminate the stay with immediate effect and to claim lump-sum compensation for the additional cleaning and airing effort in the amount of EUR 400 incl. VAT per violation, unless the contracting partner proves a lower damage. The Pension reserves the right to claim a higher proven damage. If a guest triggers a fire alarm or a deployment of the fire brigade, emergency organisations or other service providers due to smoking or improper use of smoke, vapour or fog generators, the contracting partner/guest is additionally liable for all costs and fees incurred (in particular deployment and travel costs, any official fees, and costs of building management or building operator).

The contracting partner must ensure that accommodation units, facilities and installations of the Pension as well as existing furnishing, utility and equipment items are used properly and with care. All instructions for use, house rules and signage of the Pension must be observed, in particular regarding technical systems, facilities, pipes and drainage systems.

The contracting partner is liable to the Pension for all damages, malfunctions, outages, contamination and extraordinary wear and tear caused by improper use, failure to follow instructions or other breach of duty by them, by guests or by persons invited by them. Liability includes all necessary and reasonable costs required to remedy the damage and restore the condition, including third-party services, replacement and repair costs, cleaning, troubleshooting of technical systems as well as consequential damages and loss of use. The Pension is entitled to invoice these costs and charge them to the provided means of payment.

Damages caused by the contracting partner must be reported to the Pension immediately, at the latest upon departure.

10. Catering, parking, Wi‑Fi, additional services

As a rule, the Pension does not provide its own catering services unless expressly agreed otherwise. Any gastronomic or other businesses in or at the building are not operated by the Pension.

The Pension does not provide its own parking spaces. Use of public or private parking spaces in the surrounding area is at the vehicle owner’s risk; the Pension is only liable in cases of gross negligence or intent.

Free internet access is generally provided; a specific performance level or availability is not guaranteed. Use is at the guest’s own responsibility; the Pension’s liability for damages in connection with the use or non-use of internet access is excluded to the extent permitted by law.

Further free additional services are provided voluntarily and subject to availability. They are not part of the contractually owed main performance and do not create any legal entitlement; disruptions or discontinuation of such services do not entitle the guest to a price reduction or damages.

11. Pets

Bringing pets into the accommodation units is generally not permitted. Assistance dogs are excluded, provided appropriate evidence is submitted. In case of unauthorised bringing of animals, the Pension may claim a special cleaning fee as well as additional damages and loss of revenue and may terminate the stay with immediate effect.

12. Photo and video recordings

Photo and video recordings for private purposes are permitted provided that other persons are not disturbed, personal rights are not violated and the furnishings are not damaged. Recordings for commercial or other commercial purposes require the Pension’s prior written consent.

13. Commercial use, prohibited activities

Use of the accommodation units or other premises for commercial purposes is prohibited without the Pension’s written consent. Activities that violate legal provisions or significantly impair public order are prohibited. In case of violations, the Pension is entitled to terminate the stay without notice, issue a ban from the premises and inform authorities.

14. Liability of the Pension

The Pension’s liability for items brought in is governed by §§ 970 et seq. ABGB and the Austrian Innkeepers’ Liability Act and is limited to the maximum amounts provided therein and the amount of the liability insurance. For money, securities and valuables, the Pension is liable only within the scope of statutory provisions and only in case of express acceptance for safekeeping with knowledge of the value.

Except for personal injury, the Pension is liable for damages of the contracting partner or guest only in cases of gross negligence or intent. Towards entrepreneurs, liability for slight and gross negligence is excluded to the extent permitted by law; in this relationship the Pension is liable exclusively for intent. Liability for indirect damages, consequential damages, lost profit or pure financial losses is excluded to the extent permitted by law.

Damages and losses must be reported to the Pension immediately after they become known; if immediate notice is not given, claims expire to the extent permitted by law. Any claims become time-barred within three years from knowledge of the damage and the injuring party.

Right of retention and lien
To secure all existing and future claims arising from or in connection with the accommodation agreement, including remuneration claims, damages, cleaning, cancellation, usage and other reimbursement claims, the Pension has the statutory rights of retention and lien pursuant to §§ 970c and 1101 ABGB over movable items brought in by the contracting partner or guests. In particular, the Pension is entitled to retain such items until all secured claims have been fully satisfied and to realise them in accordance with statutory provisions.

15. Data protection

The Pension processes personal data of the contracting partner and guests in accordance with applicable data protection law. Further details are set out in the Pension’s current privacy policy, which is available upon request or via the website.

16. Place of performance, choice of law, jurisdiction

The place of performance for all services under the accommodation agreement is the Pension’s location in Vienna. The contract is governed exclusively by Austrian substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For entrepreneurs, the court with subject-matter jurisdiction at the Pension’s registered office has exclusive jurisdiction; for consumers, the mandatory jurisdiction rules under Austrian and European law apply.

17. Final provisions

The Pension is entitled to set off its own claims against claims of the contracting partner. The contracting partner may set off their own claims against claims of the Pension only if the Pension is insolvent or if the contracting partner’s claim has been adjudicated by a court or acknowledged by the Pension in writing.

Lost property will be kept by the Pension and, upon request, forwarded against reimbursement of costs; after a retention period, the Pension is entitled to realise (utilise/sell) or dispose of the items. Information provided by the Pension is given to the best of its knowledge but without guarantee; correction of errors as well as typographical and calculation errors remains reserved.

Amendments and additions to the accommodation agreement as well as ancillary agreements require written or text form. Oral promises are binding only if confirmed in writing by the Pension.

Special agreements for group bookings within the meaning of Clause 2 apply only to the respective group booking and otherwise do not affect the applicability of these GTC.

If individual provisions of these GTC are or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the legally permissible provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed.

Note: By completing a booking with Pension Mozart Hospitality GmbH, the contracting partner confirms that they have read and accepted these GTC.