AGB

1. Scope

these agb apply to all accommodation contracts between boulderbar salzburg gmbh ( in the following „ boulderbar hotel “ or „ hotel “ ) and second ( in the following „ guest “ contract partner „, as well as for all other services and deliveries that the boulderbar hotel provides.  


2. Use of the boulder hall  

the use of the boulder hall is only permitted after successful registration, at the bar, as well as for the identification of the usage declaration there.  


3. Use of the fitness area  

the use of the systems in the fitness area is at your own risk. the guest hereby confirms that they have knowledge that improper use of the devices and safety devices offered can result in increased hazards. the user hereby declares to be in good physical or psychological condition and to use all of these risks and risks associated with the use of the boulderbar linz systems for free will.  


4. Definition of terms  

hotel: legal person who houses guests for a fee.  


guest: natural person who claims accommodation. The guest is also those who travel ( for whatever reason ) with the contractual partner ( e.g. family members, friends, colleagues, etc. ).  


contractual partner: is a natural or legal person of the domestic or foreign country who concludes a accommodation contract as a guest or for a guest.  


consumer and entrepreneur: the terms are to be understood in the sense of the Consumer Protection Act 1979 idgf.  


accommodation contract: is the contract concluded between the hotel and the contractual partner, the content of which is then regulated in more detail. non-cancellable rate: is a booking on separate terms, which cannot be canceled or changed free of charge by the contractual partner or not.  


Credit card authorization: means deposit of the credit card data with the consent of the contractual partner that the credit card can be used to debit the costs, in particular any cancellation costs incurred. 


5. ability of the guest to do business  

only people who have reached the age of 18 can conclude a accommodation contract. if a guest concludes a accommodation contract online, he declares that he is the 18th. has reached the age of life and is fully capable of doing business. if a underage guest wants to stay in the boulderbar hotel for between 14 and 18 years, this is only possible, if the legal representative concludes the accommodation contract for him.  


6. Conclusion of contract / booking / resale  

the reservation by a guest accepted by the boulderbar hotel results in a accommodation contract. offers of the hotel for the conclusion of a accommodation contract are subject to change and non-binding. the hotel is entitled, to freely refuse to conclude a accommodation contract with a guest. this contract relates to the reserved rooms and the publicly accessible premises of the hotel with the exception of the boulder hall and is binding for both parties. the correctness of the reservation is ensured by specifying the credit card details of the guest. there is no guarantee for the allocation of a certain room.  


The boulderbar hotel will provide the guest with a booking or reservation number that is considered a legally binding confirmation without the need for a separate written reservation confirmation.  


the guest is advised that reservation numbers that the guest receives from third parties ( such as internet portals ) do not match the reservation or booking number of the boulderbar hotel. the offers of the boulderbar hotel for accommodation are not binding and can change.  


resale / rental and / or forwarding of booked rooms is prohibited. in particular, the forwarding of rooms and / or room contingents to third parties at higher prices than the actual room prices is not permitted. the assignment or sale of the claim against the boulderbar hotel is not permitted. in these cases the boulderbar hotel is entitled to cancel the booking, especially if the guest made false statements about the type of booking or payment when assigning / selling to the third. furthermore it is not permitted, to use the hotel room for purposes other than accommodation. 


when booking more than 9 rooms, the group regulations of the boulderbar hotel apply. for such bookings, a separate accommodation contract to be confirmed by the boulderbar hotel must be concluded, which contains special conditions for regulating the cancellation and the payment conditions ( deposit ). the boulderbar hotel reserves the right to reject group reservations without a accommodation contract or to cancel them without replacement.  


7. prepaid reservations, cancellation and rebooking  

In order to make a valid reservation, the guest must provide a valid credit card at the time of booking. the boulderbar hotel has the right to check this information immediately and to carry out a pre-authorization on the credit card provided.  


if the guest has booked a non-cancellable rate, the full amount of the entire stay at the time of booking will be debited from the specified credit card of the guest. non-cancellable reservations can generally not be canceled, still rebookable or refundable. if it is not possible to debit the credit card, the boulderbar hotel reserves the right to cancel the reservation. thus the guest loses the right to use the room.  


When booking a best availabe rate, a pre-authorization of eur 1 is carried out on the specified credit card when booking. booking a best available rate is until 18:00 a.m. on the day of arrival can be canceled and rebooked free of charge. such a booking can be canceled or changed free of charge until 6 p.m. on the day of arrival. if the cancellation after 18:00 a.m. on the day of arrival, the full amount of the stay will be charged, and the guest will lose the right to use the room. if no alternative dates are available, a rebooking is not possible. any additional costs incurred for the rebooking are to be borne by the guest.  


the amount of the overnight stay and any additional services booked will be charged depending on the rate booked on the day of arrival on site or when booking on the guest's credit card. if the burden is not possible for any reason, the boulderbar hotel reserves the right to cancel the reservation. in this case the guest loses the right to use the room. 


if the guest does not show ( no show ), the first night of the booked stay is calculated and the guest's right to use the room expires. the boulderbar hotel reserves the right, cancel reservations at any time. should there be a cancellation, the claim for damages is limited to the total amount of the booked stay.  


8. Registration form and disclosure of personal data  

According to the Austrian registration law, it is the duty of the guest to inform the boulderbar hotel in advance and truthfully of the legally required ones.  


9. replacement accommodation  

the hotel has the obligation to keep the rooms booked by the contractual partner ready and to provide the agreed services if the contractual partner has fulfilled its payment obligations. the hotel is entitled to, to offer the contractual partner or guests equivalent replacement accommodation if this is reasonable. a reasonable deviation exists in particular if the room or the rooms have become unusable, Already checked-in guests extend their stay, there is an overbooking or other important operational measures require this. any additional costs for the overnight stay in the replacement district will be charged to the hotel.  


10. Control, fees and duties  

All prices stated at the boulderbar hotel are gross total prices, which already include all statutory taxes, fees and charges. however, if tax, fee or tax rates change or new taxes, fees or charges, of which both parties have so far had no knowledge, the boulderbar hotel reserves the right to adjust the prices accordingly. the overnight prices are calculated per room and night.


11. cash  

the boulderbar hotel accepts debit card, mastercard, visa card and china union pay in euro as valid means of payment for hotel nights. a later payment of services on account is not possible. for the consumption of dishes and drinks as well as other goods and services offered by the hotel on site, the hotel accepts debit card, mastercard, visa card and china union pay. 


12.

Possible uses of reserved rooms / start and end of the accommodation on the day of arrival, the guest will have the room from 3 p.m. and must be available by 11 a.m. at the latest:00 a.m. on the day of departure cleared and returned to the boulderbar hotel undamaged. if the guest does not return the hotel room by 11:00 a.m. on the day of departure, if he owes the boulderbar hotel a flat fee of 100% of the overnight price for one night of the room, provided that he does not prove that a lower or no damage has arisen. the boulderbar hotel reserves the right, in the event of a late or non-clearance of the room by the guest, have the room cleared by the staff and keep all the items brought in by the guest in the hotel. however, the hotel assumes no further liability for the items stored, which is above the liability conditions specified in the terms and conditions ( 13. ).  


if a accommodation contract has been concluded for a certain period of time, it ends with this period. if the contractual partner leaves early, the hotel has the right to request the full agreed fee. if the fulfillment of the contract due to higher violence ( such as elementary events, strike, lockout, official availability, etc. ) becomes impossible, the hotel can terminate the accommodation contract at any time without observing an notice period, if the contract is not already dissolved by law or the hotel is exempt from its obligation to accommodate. Claims for compensation from the contractual partner are excluded in this case.  




13.

adhesion of the boulderbar hotel for damage to brought-in items the boulderbar hotel is liable according to §§ 970ff abgb for the things brought in by the guest. the liability of the boulderbar hotel is only given, if the items have been handed over to the boulderbar hotel or to the employees authorized by the boulderbar hotel or have been brought to a location that is instructed or designated by it. if the boulderbar hotel does not succeed in proving, the boulderbar hotel is liable for its own fault or for the fault of its people as well as the incoming and outgoing persons. the boulderbar hotel is liable according to § 970 abs 1 abgb at most up to the amount specified in the federal law of November 16, 1921 on the liability of innkeepers and other companies in the applicable version. If the contractual partner or the guest does not immediately comply with the boulderbar hotel's request to deposit his things in a special storage location, the boulderbar hotel is released from any liability. the amount of any liability 


of the boulderbar hotel is limited to a maximum of the liability insurance amount. a fault of the boulderbar hotel or the guest must be taken into account.  


liability of the boulderbar hotel is excluded for slight negligence. is the guest an entrepreneur, liability is also excluded for gross negligence. in this case the guest bears the burden of proof for the presence of fault. consequential damage or indirect damage as well as lost profits are never replaced.  


The boulderbar hotel is only liable for precious items, money and securities up to a amount of eur 550. the boulderbar hotel is liable for any further damage only in the event that,  that he has taken over these matters for storage in the knowledge of their nature, or in the event that the damage was caused by himself or one of his employees. the limitation of liability according to the points listed above applies accordingly.  


the boulderbar hotel will endeavor to remedy malfunctions or defects in its services if it is known or reprimanded immediately by the guest. the guest is obliged to take appropriate measures, to minimize the disruption and prevent possible harm. Furthermore, the guest is obliged to inform the hotel early if an exceptionally high damage is to be expected.  


the guest is responsible for treating the hotel room gently and with care. During their stay, children under the age of 14 must be supervised by an adult guest. the guest is liable for all damage and consequential damage caused by his trade, including pollution, damage and cost of a fire alarm, even if these were only caused by slight negligence and go beyond the usual level. use of electronic devices such as kettles brought by the guest, iron and blow dryer is not permitted for fire protection reasons. should arise due to the use of such equipment e.g. for fire alarm, damage to the inventory, the guest is fully liable for these costs.  


14. brought food and drinks  

breakfast may only be taken in the designated rooms such as the bar or lounge. it is not allowed to take part of the breakfast offered. in the rooms it is prohibited, prepare dishes. 


15. Do not smoke in the hotel  

the boulderbar hotel is a non-smoking hotel and smoking is prohibited in both public and guest rooms. should a guest violate this regulation, the boulderbar hotel reserves the right to charge additional cleaning costs of up to 300 euros. if the ( the ) room is no longer rentable ( are ), any loss of sales due to the blocking of the ( of the ) room must be set up as compensation.  if the guest can prove a lower or the boulder bar hotel a higher damage, the amount of the compensation can be adjusted accordingly.  


16. pets  

housing is not permitted.  


17. house law  

the boulderbar hotel reserves the right to warn guests of the hotel or to refer the house, especially if they do not follow instructions from staff, make discriminatory statements, do not adhere to any hotel and / or guest guidelines or bother or endanger other guests.  


18. image recordings  

the hotel has installed an image surveillance system on the hotel premises to ensure the protection of the entrance, access and corridor areas. the surveillance system is in accordance with the provisions of §§ 12 and 13 of the data protection law ( dsg ) and the basic data protection regulation ( dsgvo ). the hotel can evaluate the recorded images if the monitored object or the items contained therein were the subject of a violation of the law. although data subjects have the right to information according to art. 15 of the dsgvo, you have no right to receive picture recordings from the hotel. however, the hotel can send the picture recordings to the responsible authority, e.g. to a security authority as part of an investigation procedure initiated by the advertisement, if the justified suspicion exists that the data could document a criminal act.  such a suspicion can also arise from the advice of a guest.  


19. Data protection  

the hotel follows the current data protection regulations. only personal data will be collected, processed and passed on if this is to fulfill the 


contract is required. detailed information on the processing of personal data, the processing of this data and the rights of the data subjects can be found in the hotel's data protection regulations. these are available at www.boulderbar hotel.at.  


20. final provisions  

in the event of discrepancies between the accommodation contract and these general terms and conditions ( agb ), the provisions of the accommodation contract have priority. the accommodation contract and this agb form the entire agreement between the parties with regard to the object of the contract. there are no verbal side agreements to the accommodation contract. Changes or additions must be made in writing. unless expressly stated otherwise, all declarations and notifications made in connection with the accommodation contract and this agb must be made in writing. the boulderbar hotel is entitled to, to transfer his rights or claims from the accommodation contract to third parties and to entrust third parties with the fulfillment of obligations from the accommodation contract.  


the effectiveness of the above provisions is not affected by any ineffectiveness of one or more provisions. if a provision is ineffective, it must be replaced by an effective provision, that comes closest to the economically and legally wanted of the parties. Austrian law applies to the accommodation contract, the right to buy is not applicable. Changes or additions to the contract or general terms and conditions should be made in writing. unilateral changes or additions by the guest are ineffective. the contractual partner announces his invoice details and can correct them himself until the day of arrival at the hotel. a subsequent change in the invoice data is not possible for legal reasons.  


the place of jurisdiction for all disputes arising between the parties from the contractual relationship is Salzburg  


stand: april 2023