Terms, Conditions, and Privacy Policy
General terms and conditions of Montagu Bed & Beers Hostel Innsbruck operated by Realisten und Träumer Gastro OG
Innsbruck, August 19, 2022
I. Scope
1. These terms and conditions apply to contracts concerning the rental of hostel rooms or beds in hostel rooms for accommodation purposes, as well as all services provided to the customer in this context by Montagu Bed & Beers Hostel Innsbruck (hereinafter referred to as „Contract“). The term „Contract“ includes and replaces the following terms: hostel admission, accommodation, guest reception, and hostel room contract. The term „guest“ is used uniformly for customers, tenants, organizers, agents, etc.
These following terms and conditions apply to all services provided by Montagu Bed & Beers Hostel Innsbruck under the legal entity Realisten & Träumer Gastro OG, which directly enters into contracts with customers. The hostel is named Realisten und Träumer Gastro O.G. as of August 19, 2022, with its registered office at Höttinger Gasse 7 + 9, 6020 Innsbruck.
II. Conclusion of Contract
1. The contract is concluded upon the acceptance of the guest’s request by the hostel. The acceptance is confirmed through a booking confirmation by the hostel. If payment or authorization of the payment method fails for a booking made through the hostel’s website (www.montagu-hostel.com), no booking will be made, and thus, no contract will be concluded.
2. Subletting or re-letting of the provided rooms and beds, as well as their use for purposes other than accommodation, require prior written approval from the hostel.
3. Bookings may only be made by persons of legal age. The hostel assumes that there are no limitations to legal capacity when accepting a booking.
4. In the case of group bookings made through the hostel’s booking center, the group’s specific terms and conditions take precedence. The general terms and conditions apply subsidiarily, and in case of contradictions, the group terms and conditions prevail.
5. The guest is solely responsible for the accuracy of the booking data transmitted at the time of contract conclusion. The guest must review them again upon receiving the booking confirmation and immediately inform the hostel in writing of any inaccuracies. The hostel is not liable for claims resulting from incorrectly entered data.
III. Services, Prices, Payment
1. The hostel is obligated to provide the guest with the booked rooms and beds and perform the agreed services.
2. The hostel is entitled to accommodate the guest in another accommodation of comparable facilities and services at the booked price, without the guest having further claims against the hostel, if there is a valid reason, especially if the reserved hostel is not available, and this is reasonable for the guest.
3. The guest is obligated to pay the prices agreed with the hostel at the time of booking for the provision of rooms and beds and any other services booked or used. This also applies to services directly requested by the guest or ordered through the hostel and provided by third parties and paid by the hostel.
4. The hostel reserves the right not to accept certain payment methods (e.g., American Express, Diners Club, checks). The hostel also reserves the right not to accept large denominations of currency.
5. The agreed prices include the taxes applicable at the time of contract conclusion, excluding local taxes (tourist tax). The hostel and the guest are bound by the price and scope of services agreed upon at the time of contract conclusion.
6. The hostel is entitled to request a reasonable advance payment or security deposit, for example, in the form of a credit card guarantee, at the time of contract conclusion. The amount of the advance payment and the payment dates can be agreed upon in written form in the contract.
7. The total price minus any advance payments made, unless otherwise agreed, is due upon arrival before the provision of rooms, beds, and/or any other services by the hostel.
8. Invoices can only be paid with the explicit consent of the hostel, which is not guaranteed, and upon confirmation of a cost acceptance accepted by the hostel. If the booking is not made by an authority or government institution, the hostel requires a security deposit in the form of a credit card guarantee. The hostel reserves the right to refuse cost acceptance declarations on a case-by-case basis. The invoice will be sent to the company/institution that has committed to covering the costs after the customer’s stay. The invoice must be paid immediately upon receipt.
9. Separate confirmations for visa applications will only be issued after full payment of the total booking price.
10. Any bank fees and currency differences incurred during payment are borne by the guest. In the case of chargebacks, the hostel will charge the guest for any resulting costs.
11. Refunds are usually made using the original payment method. In exceptional cases, a refund in cash on-site or via bank transfer to the guest’s account or credit card is possible. If the hostel is not at fault for the refund, the above provisions apply.
12. The hostel has the right to settle or interim settle its services at any time.
IV. Customer Cancellation (Cancellation, Termination) / Non-Utilization of Booked Service (No Show)
1. Exercising the guest’s right to cancel requires written form.
2. The concluded contract for the provision of services in the field of accommodation is not subject to a right of withdrawal. The guest is entitled to a right of cancellation only if it is legally stipulated or explicitly agreed upon in written form with the hostel.
3. This right of cancellation can only be guaranteed by the hostel for direct bookings through the website, email, or phone. Bookings made through other travel agents or booking platforms are subject to their cancellation policies.
The following deadlines apply to the right of cancellation:
• Individuals and groups up to 10 people:
a. Cancellation is free until 5 days before arrival.
b. 50% of the first night’s cost must be paid for cancellations made 3 – 4 days before arrival.
c. The full amount must be paid for cancellations made 1 – 2 days before arrival and on the same day of booking.
• Group bookings of 10 – 15 people:
a. Only the deposit is retained for cancellations made up to 7 days before arrival.
b. No reduced or free cancellation is possible for cancellations made after 7 days before arrival.
• Group bookings of 15 – 60 people:
a. Only the deposit is retained for cancellations made up to 14 days before arrival.
b. No reduced or free cancellation is possible for cancellations made after 14 days before arrival.
If the offer is made within the free cancellation period, in case of cancellation, at least the deposit must still be paid retroactively.
V. Extension & Termination of Accommodation Contract
1. If the contract is concluded for a specific period, it will end upon its expiration.
2. If the guest departs early, the hostel is entitled to demand the full agreed fee. The hostel will take into account any savings resulting from the non-utilization of its services or any revenue obtained through alternative rental of the reserved rooms. Savings will only exist if the hostel is fully occupied at the time of non-utilization of the guest’s reserved rooms, and the rooms can be rented to other guests due to the guest’s cancellation. The burden of
proof for savings lies with the guest.
3. The guest has no entitlement to an extension of their stay. If the guest requests an extension of their stay in a timely manner, the hostel may agree to extend the accommodation contract. The hostel is under no obligation to do so.
4. If, on the day of departure, the guest is unable to leave the hostel due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) that prevent all departure options or are unusable, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the guest cannot fully utilize the hostel’s offered services due to extraordinary weather conditions. The hostel is entitled to demand at least the usual price charged in the current season.
5. If the accommodation contract is concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 am on the third day before the intended end of the contract.
6. The hostel is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the contracting party or guest:
a. Uses the premises significantly to the detriment or annoyance of other guests, the owner, his staff, or residents in the accommodation establishment through their inconsiderate, offensive, or otherwise grossly improper behavior, or commits a criminal offense against their property, morality, or physical safety;
b. Becomes infected with a contagious disease or a disease that extends beyond the accommodation period or becomes in need of care;
c. Does not pay the presented invoices due within a reasonable period (3 days).
7. If the fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g., elemental events, strikes, lockouts, official orders, etc.), the hostel can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed dissolved by law or the hostel is released from its accommodation obligation. Any claims for damages, etc., by the guest are excluded.
VI. Guest Illness or Death
1. If a guest becomes ill during their stay at the hostel, the hostel will arrange for medical care at the request of the guest. In cases of emergency, the hostel will arrange for medical care even without the guest’s specific request, particularly if necessary and the guest is unable to do so themselves.
2. As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the hostel will arrange medical treatment at the guest’s expense. However, these care measures will end as soon as the guest is able to make decisions or the relatives have been informed of the illness.
3. The hostel has the right to claim compensation from the guest, the guest’s legal successor, or in the event of death, for the following costs, in particular:
a. Open medical costs, costs for medical transport, medications, and medical aids
b. Necessary room disinfection, damaged laundry, bed linen, and bed facilities; otherwise, the disinfection or thorough cleaning of all these items
c. Restoration of walls, furnishings, carpets, etc., as far as they were soiled or damaged in connection with the illness or death
d. Room and bed rental, as far as the room was used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc.
e. Any other damages incurred by the hostel.
VII. Hostel Cancellation
1. If a required or demanded advance payment or security deposit according to Section III (6) is not made even after a reasonable grace period set by the hostel, the hostel is entitled to cancel the contract.
2. Furthermore, the hostel is entitled to terminate the contract for a valid reason without notice, especially if force majeure or other circumstances beyond the hostel’s control make it impossible to fulfill the contract; rooms, beds, or facilities are booked under misleading or false information or by concealing essential facts; the hostel has reasonable cause to believe that the use of the hostel’s services may jeopardize the smooth operation of the business, safety, or reputation of the hostel in the public eye, without this being attributable to the hostel’s sphere of authority or organization; the purpose or reason for the stay is illegal; a violation of the house rules occurs where, based on the consideration of both parties‘ interests, the continuation of the contract until its agreed end cannot be reasonably expected from the hostel. This applies in particular if the guest has already been warned by the hostel due to such a violation.
3. The justified termination of the contract by the hostel does not entitle the guest to claim damages.
VIII. Arrival & Departure, Other Provisions for Hostel Stay
1. The guest is not entitled to the provision of specific rooms and beds, unless the hostel has confirmed the provision of specific rooms in writing.
2. Booked rooms and beds will be available to the customer from 2:00 pm on the agreed arrival date. The guest has no entitlement to earlier availability.
3. On the agreed departure date, rooms and beds must be vacated and made available to the hostel no later than 10:00 am. In case of delayed return, the hostel may charge as compensation for the duration of the withholding either the agreed rent or the rent that is customary for comparable services at the location. The assertion of further damages is not excluded.
4. If the total number of arriving persons exceeds the contractually agreed number of persons, the additional persons have no entitlement to accommodation.
5. Persons under 18 years of age are not allowed to stay in dormitories. In private rooms, minor persons may only stay with the accompaniment of a parent or at least one legal guardian. These regulations do not apply to group travelers accompanied by an authorized adult appointed by the legal guardians.
IX. Liability and Statute of Limitations
1. The guest is liable for damages caused by their fault, including damages to inventory or gross contamination. The hostel reserves the right to request a deposit upon check-in, which will be refunded upon check-out if the hostel has not found any damages or gross contamination attributable to the guest. Damages or costs for the removal of gross contamination that exceed the deposit amount must be paid by the responsible person(s) directly on-site no later than upon check-out. The hostel may subsequently invoice such damages and gross contamination, especially if external costs, e.g., fire brigade or other rescue operations, or
repair costs, etc., are charged to the hostel by third parties. This also applies to damages and gross contamination that are discovered after the guest’s departure.
2. Smoking is strictly prohibited in all areas of the hostel. The same applies to tampering with smoke detectors or unauthorized opening of emergency doors. In case of non-compliance, the hostel reserves the right to terminate the contract in accordance with Section V (2) of the terms and conditions and/or claim damages.
3. Guests are advised not to leave luggage and personal belongings unattended in publicly accessible areas of the hostel. The hostel is not liable for items brought in by guests or visitors in publicly accessible areas of the hostel, the luggage room, or unlocked rooms. The hostel is not liable for items placed in locked lockers by the guests.
4. The guest must be aware that all rooms in the hostel are accessible to other guests, as none of the rooms are lockable. Liability for slight negligence is expressly excluded.
5. The hostel assumes no liability for damages or injuries resulting from the improper use of furniture in the hostel.
X. Web Links
1. The online presence of the hostel may contain hyperlinks to websites of other partners. These hyperlinks are provided for informational purposes only. The hostel does not control these websites and is not responsible for their content. The inclusion of hyperlinks to such other websites in the online presence does not imply endorsement of the materials found on these websites or a connection with their operators.
XI. Final Provisions
1. Changes or additions to the contract or these General Terms and Conditions are made in written form. Changes require written form and acceptance.
2. The place of performance and payment is the registered office of the hostel.
3. The exclusive place of jurisdiction is Innsbruck.
4. Depending on the location of the hostel, Austrian law applies.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the parties by a provision that economically corresponds to the intended content in a legally permissible manner.