General Terms and Conditions

This English version is a courtesy translation — the German version is legally binding.

§ 1. Scope

The legal entity named in the reservation, SHH GmbH, Triester Straße 377, 8055 Graz, FN 557386k (hereinafter referred to as the “accommodation”), rents to the guest (hereinafter referred to as the “guest”) the agreed hotel room with the agreed fittings (hereinafter referred to as the “hotel room”) for the agreed length of stay. These General Terms and Conditions of Business and Reservation (hereinafter referred to as the “Terms”) apply to accommodation contracts for the rental of hotel rooms as well as all further services provided to the guest in this connection at the respective hotel.

The following establishments are covered by these Terms:

• Shome Hotel
• Shome Appartement
• Hotel & Restaurant Schachenwald
• Tiny House
• City House
• Edelweiss Lodge Lachtal

§ 2. Conclusion of Contract

1. By reserving a hotel room, the guest offers to enter into an accommodation contract with sHome Hotel Graz. Subject to availability, the guest receives a reservation number from sHome Hotel Graz either by email or fax, by phone, or in person on site, depending on the reservation method (online/by email, by phone, or on site). The accommodation contract between sHome Hotel Graz and the guest is concluded when the reservation number reaches the guest, when the guest pays the room rate, or when the access code (see § 4.1) is handed over or transmitted to the guest — whichever occurs first.

2. The guest is advised that reservation numbers received from third parties (e.g. from online hotel booking portals) are not identical to the reservation number issued by sHome Hotel Graz. The guest can obtain the sHome Hotel Graz reservation number at the hotel.

3. Offers by sHome Hotel Graz to conclude an accommodation contract are non-binding and subject to change. sHome Hotel Graz may, at its own discretion, decline to conclude an accommodation contract with a guest.

4. The guest has no claim to the provision of a specific hotel room or to the fulfillment of special requests beyond the provision of a hotel room. The guest is only entitled to the provision of a hotel room of the room category booked.

§ 3. Reservation, Cancellation; Non-Utilization of the Hotel Room

1. The following terms “simple reservation” and “guaranteed reservation” differ in that, for a simple reservation, the guest merely orders a hotel room, whereas for a guaranteed reservation the guest additionally guarantees payment by providing credit card details. The following term “cancellation” means the guest’s withdrawal from the accommodation contract. Paragraphs 2 to 7 explain the circumstances under which a cancellation is possible free of charge, or in which cases the room rate — less any expenses saved — must nevertheless be paid. The following term “arrival day” means the first day of the booking period. The following term “departure day” means the corresponding last day of the booking period.

2. If, in the case of a simple reservation, the guest does not arrive at the hotel by 7 p.m., the reservation lapses without replacement and the reserved rooms are released for sale. The guest then no longer has any claim to the provision of a hotel room.

3. In the case of a guaranteed reservation, the reservation of the hotel room is held for the guest even after 6 p.m. The guest may cancel guaranteed reservations free of charge until 6 p.m. on the arrival day, unless the special conditions for group travel (see § 13) or the special conditions for trade-fair and event periods (see § 9) apply, or reservations made pursuant to § 3.6 that are marked as early-bird rates apply, or unless deviating conditions are stated in sHome Hotel Graz special offers/specials. If a corresponding guaranteed reservation is cancelled after 6 p.m. on the arrival day, the guest remains obliged to pay the room rate for the first night. In this case, sHome Hotel Graz is free to rent the room to someone else. The same applies if the guest does not arrive by 6 a.m. of the day following the arrival day without having cancelled the reservation by 6 p.m. on the arrival day (“no-show”). In this case too, the guest is obliged to pay the room rate for the first night. The guest is free to prove that sHome Hotel Graz’s saved expenses were higher.

4. For multi-day guaranteed reservations, if the guest does not arrive by 6 a.m. of the day following the arrival day, all nights following the arrival night (i.e. from the second night of the booking period onward) are cancelled. In this case, the guest has no claim to a hotel room for the subsequent nights. The guest is, however, obliged to pay the room rate for the first night. The guest is free to prove that sHome Hotel Graz’s saved expenses were higher.

5. The special conditions contained in § 8 and § 9 apply to group travel and reservations during trade-fair and event periods.

6. Reservations at prices marked as early-bird rates are binding and cannot be rebooked or cancelled free of charge, and can only be booked via the website www.shome-hotels.com. In these cases, the room rate or a corresponding deposit falls due directly upon reservation and is non-refundable. In the event of cancellation or non-arrival, no further amounts will be refunded to the guest. The guest is free to prove that sHome Hotel Graz’s saved expenses were higher.

7. If the guest chooses to pay for an online reservation directly via an online payment system, it is subsequently no longer possible to rebook or cancel the reservation online. In the event of a desired rebooking or cancellation, the guest must contact the hotel directly.

§ 4. Arrival and Departure

1. sHome Hotel Graz makes the hotel room available to the guest in the agreed room category and fittings on the arrival day, generally from 2 p.m. The guest has no claim to earlier provision of the hotel room. For access to the hotel and the hotel room, the guest receives an access card at check-in from the check-in kiosk located at the hotel, or in exceptional cases from the reception desk.

2. On the departure day, the guest must vacate the hotel room and return it undamaged by 10 a.m. at the latest. After that, sHome Hotel Graz may charge the guest 100% of the previous day’s room rate for the delayed vacating of the room and its use beyond the contract period. The guest is permitted to prove that sHome Hotel Graz incurred no damage, or only a significantly lower amount of damage. sHome Hotel Graz is free to prove a higher amount of damage.

§ 5. Conditions of Use

1. Only the persons named in the reservation are entitled to use the hotel room. The maximum occupancy for the respective room category may not be exceeded. Children and infants count the same as adults in this respect.

2. The resale, subletting, or brokering of booked rooms is prohibited unless expressly agreed otherwise in writing.

3. During the stay, the guest must observe the house rules posted at the hotel.

4. It is prohibited to consume tobacco products (in particular cigarettes, cigars, pipes) and tobacco or nicotine substitute products (in particular e-cigarettes) in hotel rooms designated as non-smoking. In the event of a violation, sHome Hotel Graz is free to charge the guest for the (basic) cleaning costs resulting from the unauthorized consumption, or to charge a flat fee (“liquidated damages”). In the case of a flat fee, the guest is free to prove that the actual costs incurred were lower.

§ 6. Room Rates and Other Prices

1. The room rate payable by the guest is the consideration for the provision of the hotel room by sHome Hotel Graz within the arrival and departure times set out in § 4. A full room rate is charged per overnight stay — regardless of the guest’s actual use or overnight stay — less any saved expenses where applicable, unless otherwise provided for in § 3.

2. The agreed prices apply, or the prices from sHome Hotel Graz’s price list valid at the time the contract is concluded. sHome Hotel Graz has the right to increase or reduce room rates if more than four months lie between the time of the guest’s reservation and the arrival day. In the event of a price increase of more than 5%, the guest has a right of withdrawal. This does not apply to increases in statutory taxes, fees, and charges.

3. The prices or amounts stated in these Terms and in the reservation each include the applicable value-added tax as well as all statutory taxes, fees, and charges, unless expressly stipulated otherwise.

§ 7. Payment Terms

1. The room rates as well as the prices for ancillary services (such as breakfast and all other charges not expressly stated in the accommodation contract as part of the room rate) fall due for payment in advance, at the latest upon the guest’s arrival at the hotel, regardless of the invoice date. In the event of late payment, sHome Hotel Graz is entitled to terminate the accommodation contract, whereupon the guest must vacate the room.

2. Notwithstanding paragraph 1, sHome Hotel Graz is entitled to demand from the guest, already at the time of reservation, an advance payment on the room costs up to the amount of the expected total invoice, or a reasonable security in the form of a deposit by credit card.

3. sHome Hotel Graz accepts cash in euros, bank transfers, EC and Maestro cards, as well as the following credit cards: Visa, Mastercard, Diners Club, JCB, and UnionPay. Other means of payment are only permitted with the consent of sHome Hotel Graz.

4. The guest may only assert rights of set-off or retention if the underlying counterclaims are undisputed or have been legally established.

§ 8. Special Conditions for Group Travel

1. The following term “travel group” refers to a group of at least 15 full-paying guests for whom a joint reservation exists. The following applies to a travel group, deviating from or supplementing the preceding provisions:

2. A contact person (“group leader”) must be named for the travel group at the time of reservation, vis-à-vis sHome Hotel Graz.

3. Before the travel group’s arrival, a name list of all participants must be submitted to sHome Hotel Graz.

4. Upon reservation, the group leader receives a reservation confirmation from sHome Hotel Graz containing the essential details of the reservation made, information on check-in, and, where applicable, on the security deposit and other payment terms. Reservations for travel groups are always guaranteed reservations within the meaning of § 3.1.

5. The total amount of the room costs must be paid by bank transfer or credit card to the bank account of sHome Hotel Graz stated in the reservation confirmation, or communicated by sHome Hotel Graz to the group leader after the reservation is concluded. Fees for international transfers must be settled in full at the latest upon arrival at the hotel.

6. The travel group’s room costs, including costs for ancillary services within the meaning of § 7.1, fall due for payment in advance, at the latest 28 days before the arrival day, or — if the reservation is made less than 28 days before the arrival day — immediately, in each case regardless of the invoice date. If payment has not been made by the due date, sHome Hotel Graz is entitled to rent the hotel rooms reserved for the travel group to someone else (without prior notice to the group leader), without the guest being able to assert any claims whatsoever against sHome Hotel Graz as a result.

7. The travel group may cancel or change its reservation free of charge up to 28 days before the arrival day. Later cancellations and changes are only possible with the consent of sHome Hotel Graz. In this case, the room rate is payable as a cancellation fee. The travel group is free to prove that sHome Hotel Graz’s saved expenses were higher.

8. sHome Hotel Graz makes the hotel rooms available to the travel group on the arrival day, generally from 2 p.m.

9. sHome Hotel Graz is entitled, upon the travel group’s arrival at the hotel (e.g. in cash or by credit card), to demand from the group leader a security of up to €500 per travel group, in particular for any ancillary services within the meaning of § 7.1 as well as any damage.

10. The travel group receives collective invoices from sHome Hotel Graz, which are handed over to the group leader.

§ 9. Special Conditions for Trade-Fair and Event Periods

sHome Hotel Graz informs the guest of trade-fair and event periods at any time upon request, and at the latest at the time of reservation. The following applies to trade-fair and event periods, deviating from or supplementing the preceding provisions:

1. Only guaranteed reservations are possible for overnight stays. Simple reservations, on the other hand, cannot be made.

2. The guest may cancel or change the reservation free of charge up to a point in time before the arrival day, determined by the cancellation conditions set out in the reservation confirmation. The applicable cancellation deadline is also shown to the guest during the booking process. Later cancellations and changes are only possible with the consent of sHome Hotel Graz. In this case, the room rate for the entire length of stay is payable as a cancellation fee. The guest is free to prove that sHome Hotel Graz’s saved expenses were higher.

3. The room costs, including costs for ancillary services within the meaning of § 7.1, fall due for payment in advance, at the latest by the end of the day on which, under the preceding paragraph, a free cancellation is last possible before the arrival day, or — if the reservation is made later — immediately, in each case regardless of the invoice date. If payment has not been made by the due date, sHome Hotel Graz is entitled to rent the hotel room reserved for the guest to someone else (without prior notice to the guest), without the guest being able to assert any claims whatsoever against sHome Hotel Graz as a result.

§ 10. Liability of sHome Hotel Graz

1. sHome Hotel Graz is liable for damages attributable to it arising from injury to life, body, or health. sHome Hotel Graz is furthermore liable for other damages resulting from an intentional or grossly negligent breach of duty by sHome Hotel Graz, or from an intentional or negligent breach of material contractual obligations by sHome Hotel Graz. Material contractual obligations are those that first make the proper performance of the contract possible and on whose fulfillment the guest relies and may rely. A breach of duty by a legal representative or vicarious agent of sHome Hotel Graz is equivalent to a breach of duty by sHome Hotel Graz itself. Further claims for damages are excluded unless otherwise provided for in § 10. Legal grounds for claims under data protection law are not covered by this liability provision.

2. Should any disruptions or defects occur in the services provided by sHome Hotel Graz, the guest must report this immediately to sHome Hotel Graz or to the hotel staff on site. Upon becoming aware of the issue, or upon the guest’s prompt complaint, sHome Hotel Graz will endeavor to provide a remedy. The guest is obliged to contribute what is reasonably expected of them to resolve the disruption and to keep any possible damage to a minimum.

3. sHome Hotel Graz is further liable to the guest for claims that the guest asserts against sHome Hotel Graz — on whatever legal grounds — provided that a culpable act or omission by sHome Hotel Graz or its personnel is the cause of the claim, or sHome Hotel Graz or its personnel has breached duties of supervision with regard to third parties entering and leaving the hotel. This applies in particular also to claims pursuant to §§ 970 to 970c of the Austrian Civil Code (ABGB).

4. Where a parking space in the hotel garage or on the hotel parking lot is made available to the guest, even for a fee, this does not give rise to a bailment contract. In the event of loss of, or damage to, motor vehicles parked or moved on the hotel premises and their contents, sHome Hotel Graz is liable only in accordance with § 10.1.

5. Messages, mail, and parcels for guests are handled with care.

§ 11. Theft and Damage

In the event of theft or damage to their belongings, as well as in the event of a fire, water damage, or other damage in the hotel room, the guest must inform the hotel staff immediately and do everything reasonably expected to help clarify the theft or remedy the damage.

§ 12. Pets

Bringing dogs, cats, and other animals (hereinafter referred to as “pets”, even if they are not pets in the strict sense) is generally not permitted, but may be approved by sHome Hotel Graz under certain conditions. Even where consent is given, sHome Hotel Graz remains entitled at any time to withdraw its consent without stating reasons.

§ 13. Termination of the Accommodation Contract

1. sHome Hotel Graz is entitled to withdraw from the accommodation contract if the guest fails to make an advance payment and/or a deposit owed by the guest on time or in full.

2. sHome Hotel Graz is entitled to terminate the accommodation contract in particular if, during the stay, the guest is under the influence of illegal drugs, uses the hotel room to conduct a commercial activity involving customer traffic, uses the hotel room for prostitution, repeatedly insults hotel staff or other hotel guests despite being warned, or causes wanton damage to furnishings or fixed installations.

§ 14. Data Protection

1. The controller for the processing of personal data (“data processing”) is the legal entity named in the reservation. Further information is available to the guest in the privacy notices accessible on the website and during the booking process. Contact details of the data protection officer: the guest can contact our data protection officer by email at dataprotection@shome-hotels.com, by phone at +43 (0) 316 341011-0, or via our postal address with the addition “Data Protection Officer”.

2. If the guest books a hotel room directly with sHome Hotel Graz or through a third-party provider (e.g. a hotel reservation portal), sHome Hotel Graz processes the guest’s personal data to perform an accommodation contract, including carrying out the hotel stay and processing payment (in particular also to track the guest’s use of sHome Hotel Graz’s services, for check-in, and for organizing room access), in accordance with the provisions of the EU General Data Protection Regulation (“GDPR”), the Austrian Data Protection Act (“DSG”), and all other applicable laws. The legal basis for this is Art. 6(1)(b) GDPR. The recipient of the personal data is sHome Hotel Graz, with whom the accommodation contract for the respective hotel room is concluded. Data is passed on to third parties only within the framework of statutory requirements. We only pass it on where this is necessary for contractual purposes under Art. 6(1)(b) GDPR, where we are obliged to do so under statutory requirements (Art. 6(1)(c) GDPR), or where we have a legitimate interest under Art. 6(1)(f) GDPR in the economic and effective operation of our business. This includes service providers commissioned, within the framework of data-protection order processing under Art. 28 GDPR, among other things with the technical operation of the booking systems or with performing the accommodation contract at the hotel. We have taken appropriate legal precautions as well as corresponding technical and organizational measures to protect personal data in accordance with the relevant statutory provisions. Data processing takes place within the European Union. sHome Hotel Graz does not transfer any data to a third country (i.e. a country outside the European Union (EU) or the European Economic Area (EEA)). When establishing and performing the contractual relationship, the guest is not subjected to any decision based solely on automated processing — including profiling — pursuant to Art. 22 GDPR that produces legal effects concerning the guest or similarly significantly affects the guest.

3. Data stored by sHome Hotel Graz is deleted as soon as it is no longer required for its intended purpose and no statutory retention obligations preclude deletion. Retention obligations arise in particular from commercial and tax law. Under statutory requirements, retention is for 7 years pursuant to § 212 of the Austrian Commercial Code (UGB) (booking records).

4. When sHome Hotel Graz processes personal data of a guest, the guest is a data subject within the meaning of the GDPR and has the following rights: right of access (Art. 15 GDPR), right to rectification (Art. 16 GDPR), right to erasure (Art. 17 GDPR), right to restriction of processing (Art. 18 GDPR), right to data portability (Art. 20 GDPR), and right to object to processing (Art. 21 GDPR). The guest furthermore has the right to lodge a complaint with a data protection authority pursuant to Art. 77 GDPR in conjunction with § 31 DSG. For an access request that is not made in writing, sHome Hotel Graz may require the guest to provide evidence proving that the guest is the person they claim to be.

5. When using the online offering and its associated website, the guest is referred to sHome Hotel Graz’s privacy policy regarding the nature, scope, and purpose of the processing of personal data.

§ 15. General Provisions

1. Amendments and supplements to the accommodation contract, the acceptance of the offer, or these General Terms and Conditions require text form. Unilateral amendments or supplements by the guest are invalid.

2. Should any of the foregoing provisions be or become invalid, this does not affect the validity of the remaining provisions.

3. This agreement is governed by Austrian law, excluding its conflict-of-law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods.

4. The place of performance and payment, as well as the exclusive place of jurisdiction — including for disputes concerning cheques and bills of exchange — is, in business transactions, the registered seat of the hotel, or, at the choice of sHome Hotel Graz, the court having jurisdiction over commercial matters for Graz. sHome Hotel Graz is also entitled to bring actions and other legal proceedings at the guest’s general place of jurisdiction. For disputes arising from a consumer transaction, the statutory place of jurisdiction applies.