Terms & Conditions.

1. Scope

These General Terms and Conditions apply to all contracts for the rental of hotel rooms for accommodation concluded between Balma Restaurant | Apart and third parties (guests) as well as to all other services and deliveries provided by Balma Restaurant | Apart.

2. Bookings

By making a reservation, the guest offers to conclude a guest accommodation contract. If the booked room is available, the guest receives a reservation confirmation from Balma Restaurant | Apart. Through this acceptance of the reservation made by the guest, a guest accommodation contract is established between Balma Restaurant | Apart and the guest. Offers from Balma Restaurant | Apart regarding available rooms are subject to change and non-binding. Balma Restaurant | Apart may refuse to conclude a guest accommodation contract at its own discretion. There is no entitlement to use the accommodation service in a specific room. Balma Restaurant | Apart reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.

3. Cancellation Deadlines

A guaranteed reservation exists when the guest confirms payment for the accommodation service by providing a credit card number. A guaranteed reservation can be cancelled free of charge up to 60 days before arrival by providing the reservation number. From 59 days to 30 days before arrival, 50% of the total package price is due. From 29 days before arrival, 100% of the total package price is due. The same applies in the event of the guest’s non-arrival (no show). For multi-day guaranteed reservations, in the event of non-arrival, all subsequent nights from and including the second night will be cancelled and the guest has no entitlement to the subsequent nights.

4. Accommodation Prices and Other Prices

The prices displayed by Balma Restaurant | Apart at the time of contract conclusion apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Local levies that are owed by the guest themselves according to the respective municipal law, such as tourist tax, are not included. In the event of changes to tax, fee and levy rates as well as the effective collection of new taxes, fees and levies previously unknown to the parties, Balma Restaurant | Apart reserves the right to adjust the prices accordingly. For contracts with consumers, this only applies if the period between contract conclusion (booking confirmation) and contract adjustment exceeds four months.

5. Payment Terms

To confirm your reservation, we request a deposit of 50% of the total price of the booked accommodation service. The remaining amount must be paid no later than 30 days before your arrival. We accept bank transfers, cash in euros, EC cards, Master Card, Visa Card, American Express and selected cryptocurrencies as payment methods. Offsetting by the guest against our claims is excluded unless it concerns an undisputed or legally established claim. We value offering our guests flexible and diverse payment options to make the process as simple and convenient as possible.

6. Usage Options for Reserved Rooms

Reserved rooms are available to the guest from 4:00 PM on the day of arrival until 11:00 AM on the day of departure. Upon request and subject to availability, a later departure (late check-out) can be arranged with the hotel in advance. If the hotel agrees to a late check-out, the hotel is entitled to charge a fee per hour or part thereof for the additional use of the room. For departures after 4:00 PM, the full daily rate of the room will be charged. There is no contractual entitlement to a late check-out.

7. Resale

The resale/subletting and/or brokering of booked rooms is prohibited. In particular, the brokering of rooms and/or room allotments to third parties at prices higher than the actual room prices is not permitted. The assignment or sale of the claim against Balma Restaurant | Apart is also not permitted. In these cases, Balma Restaurant | Apart is entitled to cancel the booking, particularly if the guest has made false statements to the third party regarding the nature of the booking or payment in connection with the assignment/sale. Use of the hotel room for any purpose other than accommodation is expressly prohibited.

8. Liability of Balma Restaurant | Apart

Balma Restaurant | Apart is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, Balma Restaurant | Apart is liable for other damages based on an intentional or grossly negligent breach of duty by Balma Restaurant | Apart as well as for damages based on an intentional or negligent breach of typical contractual obligations. A breach of duty by Balma Restaurant | Apart is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded unless otherwise regulated in these Terms and Conditions.

Should disruptions or defects occur in the services provided by Balma Restaurant | Apart, Balma Restaurant | Apart will endeavor to provide a remedy upon knowledge or immediate complaint by the guest. The guest is obliged to contribute what is reasonable to remedy the disruption and minimize possible damage. Furthermore, the guest is obliged to inform Balma Restaurant | Apart in good time of the possibility of exceptionally high damage occurring.

Balma Restaurant | Apart is liable for items brought in according to legal provisions. The claim expires if the guest does not immediately notify Balma Restaurant | Apart upon becoming aware of the loss, destruction or damage to the item brought in. If the guest wishes to bring money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500 into the hotel, this requires a separate written agreement with Balma Restaurant | Apart.

If a parking space in the hotel garage/car park is made available to the guest, even for a fee, this does not constitute a custody contract. There is no obligation for supervision on the part of Balma Restaurant | Apart. Balma Restaurant | Apart is liable for all damages within the framework of the provisions specified in this section 8. The guest is obliged to report damage immediately, and obvious damage in any case before leaving the parking facility. Balma Restaurant | Apart is not liable for damage that is solely the responsibility of other tenants or other third parties.

All claims against Balma Restaurant | Apart generally expire within one year from the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by Balma Restaurant | Apart.

9. Termination of the Guest Accommodation Contract

Balma Restaurant | Apart is entitled to terminate the guest accommodation contract for good cause. Good cause exists in particular if (i) force majeure or other circumstances for which Balma Restaurant | Apart is not responsible make the fulfillment of the contract impossible, (ii) rooms or spaces are culpably booked with misleading or false information or by concealing essential facts; essential factors may include the guest’s identity, ability to pay or purpose of stay, (iii) Balma Restaurant | Apart has justified reason to believe that the use of the service may endanger the smooth business operation, security or public reputation of Balma Restaurant | Apart, without this being attributable to the sphere of control or organization of Balma Restaurant | Apart; (iv) the purpose or occasion of the stay is unlawful; or (v) in the case of resale/subletting and/or brokering (see section 7).

10. Vouchers

A voucher purchased at Balma Restaurant | Apart can only be redeemed for hotel services at the hotel specified on the voucher. If there is a remaining credit when paying with the voucher, it remains and can be used for further payments at the respective hotel. The validity period of the voucher is 3 years from the date of issue. Vouchers cannot be returned, they are not resalable or transferable and cannot be redeemed for cash. The vouchers cannot be used for online payments. The person ordering the voucher is responsible for providing the correct data (especially email address) to which the voucher and invoice should be sent.

Right of Withdrawal Notice: Declarations regarding vouchers can be revoked within 14 days without giving reasons in any form (letter, fax, email) or, if the voucher is handed over before the expiry of the period, also by returning the voucher. The period begins after receipt of this notice in text form, but not before receipt of the voucher by the recipient. To comply with the withdrawal period, timely dispatch of the withdrawal or the voucher is sufficient. The withdrawal should be sent to E.N. Philippi, Reference: Voucher, Zug 344, 6764 Lech, or by email: office@balma.at

11. Food and Beverages Brought In

In public areas, the consumption of food and beverages brought in is prohibited. Breakfast can only be consumed in the designated rooms of the public area (bar, lounge). Taking offered breakfast items with you is not permitted.

12. No Smoking in the Hotel

The Balma Restaurant | Apart in Austria is a non-smoking hotel. It is therefore prohibited to smoke both in public areas and in guest rooms. In the event of a violation, Balma Restaurant | Apart has the right to demand from the guest as compensation for the separately incurred cleaning costs including any loss of revenue from the resulting inability to rent the room, an amount of EUR 250.00. This compensation amount shall be set higher or lower if Balma Restaurant | Apart proves higher damage or the guest proves lower damage.

13. Pets

Bringing a pet requires the consent of Balma Restaurant | Apart. The guest is obliged to announce the desire to bring a pet in advance. If Balma Restaurant | Apart agrees to bringing the pet, this is done under the condition that the pet is under the constant supervision of the guest, is free from diseases and does not pose any danger to hotel guests and hotel staff. Taking the animal to breakfast as well as to the hotel bar is not permitted. A fee of EUR 35.00 per night applies for the pet as well as a final cleaning fee of EUR 60. However, guide dogs for the blind, deaf and other comparable service dogs are exempt. These may be brought along free of charge at any time.

14. Special Payment and Cancellation Terms

For group bookings of more than 4 apartments, allotment contracts or for correspondingly defined periods, special payment and cancellation conditions apply. These are stated in the booking process and on the booking confirmation or arise from the corresponding contracts.

15. Data Protection

The data protection provisions can be viewed at: https://www.balma.at/datenschutz

16. Final Provisions

Amendments and additions to the guest accommodation contract or the General Terms and Conditions must be in text form. Unilateral amendments or additions by the guest are invalid.

The place of jurisdiction for all disputes arising between the parties from the contractual relationship is Feldkirch, insofar as the guest is a merchant, a legal entity under public law or a special fund under public law. In all other cases, Feldkirch applies as the place of jurisdiction, provided that the requirements of Section 38 (2) of the Code of Civil Procedure (ZPO) are met and the guest does not have a general place of jurisdiction in Austria. Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

E.N. Philippi | Zug 344 | 6764 Lech | Austria | office@balma.at