General terms and conditions of business
(As of May 1, 2021)
§ 1. Scope
The legal entity named in the reservation, SHH GmbH, Triester Straße 377, 8055 Graz, FN 557386k (hereinafter referred to as "sHome Hotel Graz"), rents the agreed hotel room with the agreed amenities (hereinafter referred to as "hotel room") to the guest (hereinafter referred to as "guest") for the agreed length of stay. These General Terms and Conditions of Business and Reservation (hereinafter referred to as "GTC") apply to accommodation contracts for the rental of hotel rooms as well as all other services provided to the guest in this context at the respective hotel.
§ 2. Conclusion of contract
1. By reserving a hotel room, the guest offers sHome Hotel Graz to conclude an accommodation contract. Subject to availability, the guest will receive a reservation number from sHome Hotel Graz either by email, fax, telephone, or in person on-site, depending on the reservation option (online/by email, telephone, or on-site). The accommodation contract between sHome Hotel Graz and the guest is concluded upon receipt of the reservation number by the guest, upon payment of the overnight rate by the guest, or upon handover or transmission of the access code (see Section 4.1) to the guest – whichever occurs first.
2. Guests are advised that reservation numbers received from third parties (e.g., online hotel booking portals) are not identical to the sHome Hotel Graz reservation number. Guests can request the sHome Hotel Graz reservation number from the hotel.
3. Offers from sHome Hotel Graz to conclude an accommodation contract are subject to change and non-binding. sHome Hotel Graz may, at its sole discretion, refuse to conclude an accommodation contract with a guest.
4. The guest has no right to be allocated a specific hotel room or to have special requests fulfilled that go beyond the provision of a hotel room. They are only entitled to be allocated a hotel room of the room category booked.
§ 3. Reservation, cancellation; non-use of the hotel room
1. The following terms "simple reservation" and "guaranteed reservation" differ in that with a simple reservation, the guest merely books a hotel room, whereas with a guaranteed reservation, they additionally guarantee payment by providing their credit card details. The following term "cancellation" refers to the guest's withdrawal from the accommodation contract. Sections 2 to 7 explain under which circumstances a cancellation is possible free of charge and in which cases the overnight price less any saved expenses must still be paid. The following term "arrival date" refers to the first day of the booking period. The following term "departure date" refers to the corresponding last day of the booking period.
2. If the guest does not arrive at the hotel by 7 p.m. for a simple reservation, the reservation will expire without compensation and the reserved rooms will be put on general sale. The guest will no longer be entitled to a hotel room.
3. In the case of a guaranteed reservation, the hotel room reservation will be maintained for the guest even after 6 p.m. The guest can cancel guaranteed reservations free of charge until 6 p.m. on the day of arrival, unless the special conditions for group travel (see § 13) or the special conditions for trade fair and event times (see § 9) apply, or reservations have been made in accordance with § 3.6. that are marked as early bird rates, or unless deviating conditions are stated in special offers from sHome Hotel Graz. In the event that cancellations of corresponding guaranteed reservations occur after 6 p.m. on the day of arrival, the guest remains obligated to pay the overnight 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. on the day following the day of arrival without having canceled their reservation by 6 p.m. on the day of arrival ("no-show"). Even in this case, the guest is obligated to pay the overnight rate for the first night. The guest is free to prove that the savings made by sHome Hotel Graz are higher.
4. For guaranteed multi-day reservations, in the event of a no-show by 6:00 a.m. on the day following the day of arrival, all nights following the day of arrival (from the second night of the booking period onwards) will be cancelled. In this case, the guest is not entitled to a hotel room for the subsequent nights. However, the guest is obligated to pay the overnight rate for the first night. The guest is free to prove that the expenses saved by sHome Hotel Graz are greater.
5.For group travel and reservations during trade fairs and events, the special conditions contained in § 8 and § 9 apply.
6. Reservations at rates marked as early bird rates are binding and cannot be rebooked or canceled free of charge. They can only be booked through the website www.shome-hotels.com. In these cases, the overnight rate or a corresponding deposit is due immediately upon reservation and is non-refundable. In the event of cancellation or no-show, no further refunds will be made to the guest. The guest is free to provide evidence that the expenses saved by sHome Hotel Graz are greater.
7. If the guest chooses to pay for an online reservation directly using an online payment system, subsequent rebooking or cancellation of the reservation is no longer possible online. The guest must contact the hotel directly in the event of a rebooking or cancellation request.
§ 4. Arrival and departure
1. sHome Hotel Graz will provide the guest with a hotel room in the agreed room category and amenities, generally starting at 2 p.m. on the day of arrival. Guests are not entitled to earlier availability of the hotel room. Guests will receive an access card for access to the hotel and their room upon check-in at the hotel's check-in machine, or in exceptional cases at the reception desk.
2. On the day of departure, the guest must vacate their hotel room by 10:00 a.m. at the latest and return it undamaged. After that, sHome Hotel Graz may charge the guest 100% of the previous day's overnight rate for the delayed vacating of the room for use beyond the contractually agreed time. The guest is permitted to provide evidence that sHome Hotel Graz has incurred no or only significantly less damage. sHome Hotel Graz reserves the right to prove greater damage.
§ 5. Terms of Use
1. Only the persons named in the reservation are authorized to use the hotel room. The maximum occupancy for the respective room category must not be exceeded. Children and babies are considered adults.
2. The resale, subletting or sub-leasing of booked rooms is prohibited unless otherwise expressly agreed in writing.
3. During his stay at the hotel, the guest must observe the house rules posted there.
4. It is prohibited to consume tobacco products (especially cigarettes, cigars, pipes) and tobacco or smoking substitutes (especially e-cigarettes) in hotel rooms designated as non-smoking rooms. In case of violation, sHome Hotel Graz reserves the right to charge the guest for the (basic) cleaning costs for the consequences of the unauthorized consumption or to impose a flat-rate compensation ("flat-rate compensation"). In the case of a flat-rate compensation, the guest is free to prove that the actual costs incurred are lower.
§ 6. Overnight prices and other prices
1. The overnight price to be paid by the guest is the consideration for the provision of the hotel room by sHome Hotel Graz within the arrival and departure times specified in § 4. A full overnight price, less any savings, if applicable, will be charged per night – regardless of the actual use or overnight stay by the guest, unless otherwise stipulated in § 3.
2. The agreed prices or the prices in the sHome Hotel Graz price list valid at the time of contract conclusion apply. sHome Hotel Graz reserves the right to increase or decrease overnight prices if more than four months elapse between the time of reservation by the guest and the date of arrival. In the event of a price increase of more than 5%, the guest has the right to withdraw from the contract. This does not apply to increases in statutory taxes, fees, and charges.
3. The prices and amounts stated in these Terms and Conditions and in the reservation include the applicable VAT as well as all statutory taxes, fees and charges, unless expressly stated otherwise.
§ 7. Payment conditions
1. The overnight rates and the rates for additional services (such as breakfast and all other charges not expressly stated in the accommodation contract as part of the overnight rate) are due in advance upon the guest's arrival at the hotel, regardless of the invoice date. In the event of non-timely payment, sHome Hotel Graz is entitled to terminate the accommodation contract, whereupon the guest must vacate the room.
2. Notwithstanding clause 1, sHome Hotel Graz is entitled to request an advance payment of the accommodation costs up to the expected total invoice amount from the guest at the time of reservation or to request appropriate security in the form of a deposit by credit card.
3. sHome Hotel Graz accepts cash in euros, bank transfers, EC and Maestro cards, and the following credit cards: Visa, Mastercard, Diners Club, JBC, and UnionPay. Other payment methods are only permitted with the consent of sHome Hotel Graz.
4. The guest may only assert rights of set-off and retention if the underlying counterclaims are undisputed or have been legally established.
§ 8. Special conditions for group trips
1. The following term "travel group" refers to a group of at least 15 fully paying guests for whom a joint reservation has been made. In deviation from or in addition to the above provisions, the following applies to a travel group:
2. When making a reservation, a contact person ("overall responsible person") must be appointed for the travel group to sHome Hotel Graz.
3. Before the travel group arrives, a list of names of all participants must be submitted to sHome Hotel Graz.
4. Upon reservation, the person responsible for the entire reservation at sHome Hotel Graz will receive a reservation confirmation containing the essential details of the reservation, check-in information, and, if applicable, the security deposit and other payment conditions. Reservations by travel groups are always guaranteed reservations within the meaning of Section 3.1.
5. The total amount of the overnight stay must be paid by bank transfer or credit card to the sHome Hotel Graz bank account specified in the reservation confirmation or communicated by sHome Hotel Graz to the overall manager after the reservation has been completed. Fees for foreign transfers must be paid in full upon arrival at the hotel at the latest.
6. The overnight costs for the travel group, including costs for additional services as defined in Section 7.1, are due in advance, no later than 28 days before the arrival date, or – if the reservation is made later than 28 days before the arrival date – immediately, regardless of the invoice date. If no payment is made by the due date, sHome Hotel Graz is entitled to rent the hotel rooms reserved for the travel group to other parties (without prior notification to the overall responsible party), without the guest being able to assert any claims against sHome Hotel Graz.
7. The travel group may cancel or change their reservation free of charge up to 28 days before the arrival date. Later cancellations and changes are only possible with the consent of sHome Hotel Graz. In this case, the cancellation fee will be the same as the overnight rate. The travel group is free to prove that the expenses saved by sHome Hotel Graz are greater.
8. sHome Hotel Graz will generally make its hotel rooms available to the travel group from 2 p.m. on the day of arrival.
9. sHome Hotel Graz is entitled to demand a security deposit of up to €500 per travel group upon arrival at the hotel (e.g., in cash or by credit card), in particular for any additional services within the meaning of Section 7.1., as well as any damages, from the person responsible for the entire stay.
10. The travel group will receive collective invoices from sHome Hotel Graz, which will be handed over to the person responsible for the overall booking.
§ 9. Special conditions for trade fair and event times
sHome Hotel Graz will inform guests of trade fair and event times upon request, at the latest upon reservation. Deviating from or in addition to the above regulations, the following applies to trade fair and event times:
1. Only guaranteed reservations are possible for overnight stays. Simple reservations, however, cannot be made.
2. The guest may cancel or change their reservation free of charge up to a point before the arrival date, which is determined according to the cancellation policy stated in the reservation confirmation. The corresponding cancellation period will also be communicated 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 cancellation fee is the overnight rate for the entire stay. The guest is free to prove that the expenses saved by sHome Hotel Graz are higher.
3. The accommodation costs, including costs for additional services as defined in Section 7.1, are due in advance, but no later than the end of the day on which a free cancellation is last possible before the arrival date according to the previous paragraph, or - if the reservation is made later - immediately, regardless of the invoice date. If no payment is made by the due date, sHome Hotel Graz is entitled to rent the hotel room reserved for the guest to another party (without prior notice to the guest), without the guest being able to assert any claims against sHome Hotel Graz in this regard.
§ 10. Liability of sHome Hotel Graz
1. sHome Hotel Graz is liable for damages resulting from injury to life, body, or health. Furthermore, sHome Hotel Graz is liable for other damages resulting from an intentional or grossly negligent breach of duty by sHome Hotel Graz or an intentional or negligent breach of essential contractual obligations by sHome Hotel Graz. Essential contractual obligations are those that enable the proper execution of the contract and on whose fulfillment the guest relies and may rely. A breach of duty by sHome Hotel Graz is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in Section 10. Claims based on data protection law are not covered by this liability provision.
2. Should any disruptions or deficiencies occur in the services provided by sHome Hotel Graz, the guest must immediately notify sHome Hotel Graz or the hotel staff on site. sHome Hotel Graz will endeavor to remedy the situation upon becoming aware of the disruption or upon immediate notification by the guest. The guest is obligated to make reasonable efforts to resolve the disruption and minimize any potential damage.
3. sHome Hotel Graz is further liable to the guest for any claims the guest may assert against sHome Hotel Graz – for whatever legal reason – provided that the claim is caused by a culpable act or omission by sHome Hotel Graz or its employees, or if sHome Hotel Graz or its employees have violated their supervisory duties with regard to third parties entering and leaving the hotel. This particularly applies to claims pursuant to Sections 970 to 970c of the Austrian Civil Code (ABGB).
4. If a parking space is provided to the guest in the hotel garage or car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, sHome Hotel Graz is liable only in accordance with Section 10.1.
5. Messages, mail and goods sent to guests will be handled with care.
§ 11. Theft and damage
In the event of theft or damage to his belongings, as well as in the event of fire, water damage or other damage in the hotel room, the guest must immediately inform the hotel staff and do everything reasonable to help clarify the theft or remedy the damage.
§ 12. Haustiere
Bringing dogs, cats, and other animals (hereinafter referred to as "pets," even if they are not strictly speaking pets) is generally not permitted, but may be approved by sHome Hotel Graz under certain conditions. However, if approved, sHome Hotel Graz reserves the right to withdraw approval at any time without giving 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 him on time or in full.
2. sHome Hotel Graz is entitled to terminate the accommodation contract, in particular if the guest is under the influence of illegal drugs during his stay at the hotel, uses the hotel room for commercial activities involving customer traffic, uses the hotel room for prostitution, repeatedly insults hotel staff or other hotel guests despite warnings, or causes willful damage to hotel inventory and fixed installations.
§ 14. Data protection
1. The legal entity named during the reservation is responsible for the processing of personal data ("data processing"). Further information can be found in the privacy policy available on the website and during the booking process. Contact details of the data protection officer: Guests 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, adding the word "The 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 will process the guest's personal data to execute an accommodation contract, including the hotel stay and payment processing (in particular, to track the use of sHome Hotel Graz's services, for check-in, and to organize room access) in accordance with the provisions of the EU General Data Protection Regulation ("GDPR"), the 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 corresponding hotel room is concluded. Data will only be passed on to third parties within the framework of the legal requirements. We only pass this on if this is necessary for contractual purposes according to Art. 6 Para. 1 lit. b) GDPR, if we are obliged to do so due to legal requirements (Art. 6 Para. 1 lit. c) GDPR or if we have a legitimate interest according to Art. 6 Para. 1 lit. f.) GDPR in the economic and effective operation of our business. This includes service providers who, within the scope of data protection-related order processing according to Art. 28 GDPR, are commissioned, among other things, for the technical operation of the booking systems or for the execution of the accommodation contract in the hotel. We have taken suitable legal precautions as well as corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal regulations. Data processing takes place in the European Union. sHome Hotel Graz does not transfer data to a third country (i.e. a country outside the European Union (EU) or the European Economic Area (EEA)). When establishing and implementing the contractual relationship, the guest will not be subjected to any decision based exclusively on automated processing – including profiling – pursuant to Art. 22 GDPR, which has legal effects on the guest or significantly affects the guest in a similar way.
3. The data stored by sHome Hotel Graz will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. Retention obligations arise, in particular, for commercial and tax law reasons. According to legal requirements, the data will be retained for 7 years in accordance with Section 212 of the Austrian Commercial Code (accounting documents).
4. If sHome Hotel Graz processes personal data from a guest, the guest is the data subject within the meaning of the GDPR and has the following rights: Right to information (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). Furthermore, the guest has the right to lodge a complaint with a data protection authority in accordance with Art. 77 GDPR in conjunction with Section 31 of the Data Protection Act (DSG). If a request for information is not made in writing, sHome Hotel Graz may request evidence from the guest proving that the guest is the person they claim to be.
5. When using the online service and the associated website, the guest is referred to the privacy policy (active link) of sHome Hotel Graz at www.shome-hotels.com/datenschutz/ regarding the type, scope and purpose of the processing of personal data.
§ 15. General provisions
1. Amendments and additions to the accommodation contract, the acceptance of the offer, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the guest are invalid.
2. Any invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions
3. This agreement shall be governed by Austrian law, excluding its conflict of law provisions 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 – also for disputes regarding checks and bills of exchange – is the registered office of the hotel or, at the discretion of sHome Hotel Graz, the court responsible for commercial matters in Graz. sHome Hotel Graz is also entitled to file lawsuits and other legal proceedings at the guest's general place of jurisdiction. For disputes arising from a consumer transaction, the statutory place of jurisdiction shall apply.
