General Terms and Conditions (GTC)

Table of Contents

1. Scope of Application
2. Definitions
3. Conclusion of the Contract
4. Prices
5. Commencement and Termination of Accommodation Use
6. Payments and Security Deposit
7. Withdrawal
8. Fair Use Policy
9. Force Majeure
10. Rights of the Contracting Party
11. Obligations of the Contracting Party
12. Rights of the Accommodation Provider
13. Obligations of the Accommodation Provider
14. Limitation of Liability
15. Liability of the Accommodation Provider for Guest Property
16. Termination of the Accommodation Contract – Early Termination
17. Illness or Death of the Guest
18. Miscellaneous
19. Complaints
20. Place of Performance, Jurisdiction and Applicable Law

1) Scope of Application

These General Terms and Conditions apply to all offers, reservations, and contracts for accommodations rented via “Fairness Circle”, a registered association in Austria.

2) Definitions

• Accommodation Provider: A natural or legal person offering accommodation to guests for remuneration, generally “Fairness Circle”, unless stated otherwise.
• Guest: A natural person making use of the accommodation services. The guest is generally also the contracting party. Guests include accompanying persons (e.g. family members, friends, etc.).
• Contracting Party: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest. For the purposes of the house rules, the contracting party shall also be deemed the “tenant” of the accommodation.
• Accommodation Contract: The agreement between the accommodation provider and the contracting party governed by these Terms and Conditions.
• Object / Accommodation: The accommodation or property rented by the provider in accordance with these General Terms and Conditions.

3) Conclusion of the Contract – Security Deposit

The accommodation contract is concluded once the provider accepts the booking request of the contracting party. Electronic declarations are deemed received when they can be accessed under normal circumstances during the provider’s business hours. If a deposit is required, the contract shall only be deemed concluded once the contracting party has agreed to the payment. The deposit forms part of the total price.

4) Prices

The price stated in the written booking confirmation shall apply. Discounts or special offers cannot be considered after issuance of the reservation confirmation. Unless otherwise stated, all prices include VAT. If VAT increases after conclusion of the contract and the stay begins more than four months later, the price shall be adjusted proportionally.

5) Commencement and Termination of Accommodation Use

The contracting party is entitled to occupy the rented rooms and objects from 3:00 PM on the agreed arrival date, unless otherwise specified. The accommodation must be vacated by no later than 11:00 AM on the day of departure. Failure to comply may result in an additional charge.

6) Payments and Security Deposit

• A deposit of at least 50% of the total amount is required upon reservation. The remaining balance must be paid no later than 30 days before the start of the stay.
• For reservations made within four weeks prior to the stay, the total amount is due immediately. Non-payment may result in cancellation of the booking and liability for damages.
• A security deposit of up to EUR 900 per object may be required at the start of the stay or blocked as a card authorization and will be refunded upon departure, provided no damages have occurred.

7) Withdrawal from the Accommodation Contract

• By the Provider: In the event of failure to pay the deposit on time, the provider may withdraw from the contract without prior notice. The provider may also terminate the contract up to three months prior to the agreed arrival date for justified reasons.
• By the Contracting Party: Free cancellation is possible up to 30 days prior to arrival. Thereafter, cancellation fees apply, which may vary depending on the object and season (e.g. up to 100% for last-minute cancellations).

8) Fair Use Policy

Use of the accommodation is subject to the respective valid house rules. In particular, pets, smoking, parties, and any use contrary to the intended purpose are prohibited.

9) Force Majeure

The provider shall not be liable for non-performance of the contract due to force majeure, such as natural disasters, strikes, or other unforeseeable events.

10) Rights of the Contracting Party

Upon conclusion of the accommodation contract, the contracting party has the right to use the rented rooms and facilities in accordance with the house rules, which form an integral and binding part of this accommodation contract.

11) Obligations of the Contracting Party

The contracting party must pay the agreed price by the date of departure and shall be liable for any damages caused by themselves, their guests, or accompanying persons. The contracting party undertakes to comply with the house rules and is liable for damages resulting from their violation.

12) Rights of the Accommodation Provider

The provider is entitled to retain guest property as security if payments are outstanding. Interim invoices may be issued during the stay.

13) Obligations of the Accommodation Provider

The provider must render the agreed services in the described quality. Additional services, such as beverages or extra beds, may be charged separately.

14) Limitation of Liability

To the extent permitted by law, the provider shall not be liable for slight negligence. Liability for indirect damages, consequential damages, or loss of profit is excluded. Guests are responsible for the safe and proper use of the accommodation.

15) Liability for Guest Property

The provider shall only be liable for items personally handed over by guests for safekeeping. Liability is limited to statutory amounts and, to the extent permitted by law, excludes liability for slight negligence.

16) Termination of the Accommodation Contract

In the event of early departure by the guest, the full amount remains payable unless the accommodation is re-let immediately. In cases of serious violations, such as misconduct or default in payment, the contract may be terminated with immediate effect.

17) Illness or Death of the Guest

In the event of illness, the provider will organize medical care at the guest’s expense. In the event of death, the provider is entitled to reimbursement of the costs incurred.

18) Miscellaneous

Any legal gaps in this contract shall be governed by Austrian law. Guests’ personal data may be stored and used for administrative and marketing purposes in accordance with applicable data protection laws.

19) Complaints

Complaints must be submitted in writing without delay in order to enable a prompt resolution. They will be handled with due care.

20) Place of Performance, Jurisdiction and Applicable Law

This contract is governed by Austrian law, excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction is the registered seat of the provider.

v1.2, effective 10.01.2025