Hotel MOTTO | Terms & Conditions

1.    Scope
1.1.    These General Terms and Conditions (hereinafter the “GTCs”) apply to all deliveries and services provided by Hotel Motto BetriebsgesmbH with its registered office in Vienna and business address Bruno-Kreisky-Platz 1, A-1220 Vienna, registered in the commercial register of the Vienna Commercial Court under FN 229139 w, (hereinafter “Hotel Motto”) to the guest and his/her accompanying persons who use the deliveries and services of Hotel Motto (hereinafter jointly the “Guest”) and organisers and other contractual partners who conclude an accommodation contract for a Guest (hereinafter the “Contractual Partner”) on the basis of or in connection with an accommodation contract. As a rule, the Guest is also the Contractual Partner. The deliveries and services in particular consist of the use, in return for payment, of hotel rooms and other rooms, e.g. for seminars, meetings, presentations, conferences and other events, as well as all related other deliveries and services of the Hotel Motto, such as the sale of food and beverages (F&B), on the basis of an accommodation contract concluded between Hotel Motto and the Contractual Partner (hereinafter with regard to all of the above-mentioned deliveries and services the “Accommodation Contract”). The Hotel Motto is entitled to provide its deliveries and services through third parties.

1.2.    These GTCs relate to the Accommodation Contract concluded with Hotel Motto. The Contractual Partner's terms and conditions do not apply, even if Hotel Motto does not expressly contradict them. Counter-confirmations by the Contractual Partner with reference to its terms and conditions are hereby rejected.

2.    Conclusion of contract and deposit
2.1.    Hotel Motto's offers on its website (www.hotelmotto.at) are non-binding.

2.2.    Bookings by the Contractual Partner and verbal agreements are only considered to be accepted or binding if they have been confirmed in writing on behalf of Hotel Motto by authorised representatives or expressly agreed on the booking platform in accordance with the procedure specified on the platform. Correspondence of any kind which merely confirms the receipt of a booking (such as - but not limited to - automatically generated electronic confirmations of receipt sent by e-mail for bookings via the booking platform) is not deemed to be acceptance of the actual booking. A lack of response from Hotel Motto does not constitute consent. If the booking confirmation from Hotel Motto makes changes to the booking, these changes shall be deemed to have been accepted by the Contractual Partner if he or she does not object to them within 24 hours. Hotel Motto assumes no responsibility or obligation to check for any errors during the course of the booking process, unless they are promptly corrected by the Contractual Partner no later than two hours after receipt of the booking confirmation.

2.3.    If the customer concludes the contract on behalf of a third party, the third party shall become the Contractual Partner of Hotel Motto rather than the customer. The customer must inform Hotel Motto of this in a timely manner and, before the conclusion of the contract, send or hand over his or her written authorisation for the specific conclusion of contract and inform Hotel Motto of the name and address of the actual Contractual Partner. In the case of a lack of or insufficient authorisation by the (intended) Contractual Partner, the purchaser is deemed to be the Contractual Partner and is liable for the interest in performance, regardless of the degree of the purchaser’s own fault.

2.4.    Hotel Motto is entitled to request a reasonable advance payment or security (e.g. in the form of a credit card guarantee or a deposit) of up to 100% of the agreed contractual amount plus any VAT from the Contractual Partner upon conclusion of the contract. In this case, the booking is only deemed to have been made upon receipt of the required security/deposit of the Contractual Partner by Hotel Motto, whereby the Accommodation Contract only comes into effect when Hotel Motto accepts the booking. 

2.5.    In all cases of bookings with the following scope, the Contractual Partner is required to pay a deposit of 90% of the agreed contractual amount plus any VAT on the following dates:

-    from 8-19 rooms at the latest 30 calendar days (directly) before the beginning of the first calendar day of accommodation at Hotel Motto (hereinafter the “Day of Arrival”);
-    from 20-39 rooms no later than 60 calendar days (directly) before the beginning of the Day of Arrival;
-    from 40 rooms at least 90 calendar days (directly) before the beginning of the Day of Arrival.

The provisions in Section 2.4 of these GTCs apply accordingly. The deposit shall be offset against the agreed contractual amount plus any VAT.

2.6.    Regardless of the provisions in Section 2.4 of these GTCs, if the Contractual Partner defaults on the payment of the deposit, Hotel Motto is entitled to terminate the respective Accommodation Contract after a further written request (by e-mail is sufficient) and a grace period of two banking days for good cause if the Contractual Partner is at fault. Such a termination is deemed to be a cancellation by the Contractual Partner, whereby Hotel Motto is entitled to charge the Cancellation Fees set out below (regardless of fault). Further claims for damages by Hotel Motto remain unaffected.

3.    Contractual amount/prices and payment terms
3.1.    The agreed contractual amount plus any VAT is based on the Hotel Motto price list valid at the time the contract is concluded. All prices are exclusive of statutory VAT, local taxes and the lowest applicable unit (persons, days, etc.). In the event of a change in statutory VAT or the introduction, change or abolition of local taxes on the agreed object of delivery after the conclusion of the contract, the agreed contractual amount plus any VAT shall apply accordingly. In the case of contracts with consumers, however, this only applies if the period between the conclusion of the contract and the fulfilment of the contract/accommodation exceeds three calendar months.

3.2.    The agreed contractual amount plus any VAT of the confirmed booking is binding, subject to the provisions in Sections 3.1 and 3.3 of these GTCs. Any special prices or conditions temporarily advertised as promotions do not apply to Accommodation Contracts which have already been concluded, even if these special prices or conditions apply to the same accommodation dates. 

3.3.    If the period between the booking and the Day of Arrival exceeds three calendar months, Hotel Motto is entitled to increase the agreed contractual amount plus any VAT accordingly. In this case, the agreed contractual amount shall change in accordance with adjustments to the 2020 consumer price index, published by STATISTIK Austria at (www.statistik.at). The value protection is based on the index number published for the month in which the contract was concluded (= 100). The comparative index is the last index published before the start of the first calendar day of accommodation at Hotel Motto. Fluctuations of up to 5% are not taken into account.

3.4.    Hotel Motto shall inform the Contractual Partner in writing (by e-mail is sufficient) of the desired price increase in accordance with the above-mentioned provisions. The Contractual Partner has the right to withdraw from the respective Accommodation Contract in writing (by e-mail is sufficient) within three calendar days of being informed in writing if he or she does not accept the increased contractual amount plus any VAT in accordance with the above-mentioned provisions. Hotel Motto is also entitled to unilaterally avert such withdrawal by the Contractual Partner if Hotel Motto waives the increase in the contractual amount resulting from the above-mentioned provisions plus any VAT within three calendar days of receipt of the cancellation by the Contractual Partner in writing (by e-mail is sufficient).

3.5.    The agreed contractual amount plus any VAT can also be adjusted by Hotel Motto if the Contractual Partner makes changes to the booking, in particular with regard to the number of Guests and the rental period.

3.6.    Hotel Motto's claim for payment is due immediately upon receipt of the respective invoice without deduction. Hotel Motto is entitled to submit invoices or interim invoices for the deliveries and services provided at any time. An invoice is deemed to have been received by the invoice recipient no later than three days after it has been sent, unless earlier receipt can be proven. In the event of default in payment, default interest of 9.2% above the base rate per year applies to entrepreneurs as Contractual Partners and default interest of 5% per calendar year for consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz). This also applies to the costs and expenses of Hotel Motto towards third parties in connection with the booked deliveries and services, insofar as these costs and expenses are specified in the Accommodation Contract, have been approved by the Contractual Partner or are generally associated with the agreed deliveries and services. 

3.7.    The Contractual Partner undertakes to bear all reasonable and expedient costs and expenses associated with the collection of Hotel Motto's claims, such as, in particular, jointly agreed collection costs or dunning costs, such as legal dunning letters. In the event of reminders, Hotel Motto reserves the right to charge a flat-rate fee of € 20 plus VAT for each reminder letter sent.

3.8.    The creation of a total invoice does not release the recipient from the timely payment of the individual invoices. A delay in payment of even one individual invoice entitles Hotel Motto to withhold all further and future services and make the fulfilment of the services dependent on a security deposit or down payment in the amount of up to 100% of the outstanding payment.

3.9.    Payments, security deposits and down payments are due without deduction and without discount. Costs associated with money transactions (e.g. transfer fees) are always borne by the Contractual Partner. The respective conditions of the card company apply to credit and debit cards. Hotel Motto is entitled to reject foreign currencies, cheques and credit cards. If foreign currencies are accepted, these shall be accepted as payment at the current exchange rate wherever possible, whereby the Contractual Partner shall bear all associated costs. Vouchers from tour operators are only accepted if there is a credit agreement with the company concerned or if appropriate advance payments have been made. A reimbursement of unused deliveries and services is hereby excluded.

3.10.    If the Contractual Partner uses a credit card for payment, even without presenting it physically (e.g. via telephone, internet, etc.), the Contractual Partner is not entitled to arrange a revocation of this charge with his or her credit card company in relation to Hotel Motto.

3.11.    If the Contractual Partner refuses to pay the agreed contractual amount plus any VAT or is in default, Hotel Motto is entitled to the statutory right of retention in accordance with Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien in accordance with Section 1101 ABGB on the items brought in by the Contractual Partner, whereby the agreed assumption is that all items brought into the rooms rented by the Contractual Partner are the unencumbered property of the latter. Hotel Motto is also entitled to this right of retention or lien to secure its other claims arising from the Accommodation Contract, in particular for meals, other expenses incurred for the Contractual Partner and any claims for compensation of any kind.

3.12.    The Contractual Partner can only offset against a claim by Hotel Motto if his or her claim is undisputed or has been legally established by a court. This applies accordingly to the exercise of a right of retention due to the Contractual Partner's own claims. Such claims may only be assigned with the written consent of Hotel Motto.

3.13.    Unless otherwise agreed in writing, the Contractual Partner is obliged to pay the agreed contractual amount plus any additional amounts which have arisen due to separate use of services by the Contractual Partner and/or the Guests attributable to the Contractual Partner, plus any VAT, at the latest on the day of departure. Unless otherwise expressly agreed in writing (by e-mail is sufficient), the Contractual Partner and each of the Guests attributable to the Contractual Partner (if they are of legal age) are jointly liable for such excess amounts.

3.14.    Hotel Motto does not accept foreign currencies. The invoice is only to be paid in EUR.

3.15.    Hotel Motto is entitled to submit invoices or interim invoices for its deliveries and services any time.

4.    Use and handover of hotel rooms, departure
4.1.    The provision of hotel rooms and/or other premises, e.g. for seminars, meetings, presentations, conferences and other events, takes place exclusively for the purposes of accommodation or the respective agreed event purposes, unless Hotel Motto expressly approves an alternative use of the premises in individual cases in writing. By concluding the Accommodation Contract, the Contractual Partner acquires the right to normal use of the booked hotel rooms and/or other rooms as well as the other facilities of Hotel Motto, insofar as the latter are available to all Guests.

4.2.    The transfer or subletting of the leased premises to third parties, as well as the free use of the leased premises by third parties, is not permitted without the express prior written approval of Hotel Motto. The Contractual Partner shall comply with the hotel and guest guidelines posted by Hotel Motto (hereinafter referred to as the “House Rules”) (available at www.hotelmotto.at) and is also responsible for ensuring that the Guests attributable to the Contractual Partner do the same.

4.3.    Reserved rooms shall be available for the Contractual Partner and the Guests attributable to the Contractual Partner from 3:00 p.m. on the Day of Arrival, provided that Hotel Motto has not expressly approved earlier use free of charge in writing (by e-mail is sufficient). If rooms are used for the first time before 3:00 p.m. without prior approval by Hotel Motto, the previous day is deemed to be the Day of Arrival. In this case, Hotel Motto has the right to charge the previous night at the current accommodation price according to the Hotel Motto price list (list price) valid for this period.

4.4.    Unless otherwise agreed, Hotel Motto has the right to assign the booked rooms to someone else on the Day of Arrival, without the Contractual Partner and/or the Guests attributable to the Contractual Partner being able to derive any rights or claims, if the Contractual Partner or the Guests attributable to the Contractual Partner have not accepted the booked premises at this point in time. In this case, there is no obligation to provide accommodation. If the Contractual Partner has provided security and the rooms have been booked for more than one night, the rooms shall remain reserved until 12:00 noon on the calendar day following the Day of Arrival, regardless of the time of arrival; thereafter there is again no obligation to provide accommodation.

4.5.    The booked rooms must be vacated on the day of departure no later than 11:00 a.m. on the last calendar day of the booked accommodation at Hotel Motto (hereinafter the “Day of Departure”). If this is not the case and the Contractual Partner and/or the Guests attributable to the Contractual Partner are at fault, Hotel Motto is entitled to charge a further full calendar day at the current accommodation price according to the Hotel Motto price list valid in this period (list price). Further claims for damages by Hotel Motto remain unaffected.

4.6.    If the Contractual Partner announces his or her wish to extend the stay or request other deliveries and services from Hotel Motto in a timely manner, the latter can accept the offer to extend the stay and the associated amendment to the Accommodation Contract at its own discretion. Hotel Motto is not obliged to accept the offer, whereby the Contractual Partner shall not be entitled to extend the stay and/or amend the Accommodation Contract. Hotel Motto is entitled to adjust the agreed contractual amount plus any VAT in the event of such extensions, regardless of the previous conditions of the Contractual Partner.

5.    Withdrawal from the Accommodation Contract by the Contractual Partner or reduction of the scope of the contract - Cancellation Fee

5.1.    If the Accommodation Contract is cancelled or the scope of the contract is reduced (which must be agreed in writing in all cases, whereby an e-mail is sufficient) after the Accommodation Contract has been concluded, the Contractual Partner shall be obliged to make the payments as follows as a fine within the meaning of Section 909 ABGB (hereinafter the “Cancellation Fee”), apart from in cases of force majeure or if Hotel Motto is culpably responsible. A total or partial cancellation of the Accommodation Contract or a reduction in the scope of the contract by the Contractual Partner after conclusion of the Accommodation Contract up to six months before the Day of Arrival at the latest is free of charge. Any deposits paid shall remain with Hotel Motto and in this case shall be deemed to be the applicable Cancellation Fee. Hotel Motto can assign cancelled rooms and other deliveries and services to third parties without the resulting benefit for Hotel Motto affecting the amount of the Cancellation Fee.

-    Bookings of 1-7 rooms:  

• o    The booking conditions apply (whether advance booking, non-refundable online bookings, etc.) in accordance with the booking confirmation. 

-    Bookings of 8-19 rooms:   

• 80% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 30 and 14 calendar days before the Day of Arrival at Hotel Motto;
• 90% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 14 and 7 calendar days before the Day of Arrival at Hotel Motto;
• 95% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 7 calendar days and 72 hours before the Day of Arrival at Hotel Motto;
• A cancellation or a reduction in the scope of the contract less than 72 hours before the Day of Arrival is not permitted. In this case, the Cancellation Fee is 100% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT.

-    Bookings of 20-39 rooms:   

• 60% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 60 and 30 calendar days before the Day of Arrival at Hotel Motto;
• 80% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 30 and 14 calendar days before the Day of Arrival at Hotel Motto; 
• 90% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 14 and 7 calendar days before the Day of Arrival at Hotel Motto;
• 95% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 7 calendar days and 72 hours before the Day of Arrival at Hotel Motto; 
• A cancellation or a reduction in the scope of the contract less than 72 hours before the Day of Arrival is not permitted. In this case, the Cancellation Fee is 100% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT.

-    Reservations of over 40 rooms:   

• 60% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 90 and 60 calendar days before the Day of Arrival at Hotel Motto;
• 80% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 60 and 14 calendar days before the Day of Arrival at Hotel Motto; 
• 95% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT if the cancellation of the Accommodation Contract or the reduction in the scope of the contract is received between 14 calendar days and 72 hours before the Day of Arrival at Hotel Motto;
• A cancellation or a reduction in the scope of the contract less than 72 hours before the Day of Arrival is not permitted. In this case, the Cancellation Fee is 100% of the agreed contractual amount affected by the cancellation of the Accommodation Contract or the reduction in the scope of the contract plus any VAT.

5.2.    Hotel Motto reserves the right to assert additional claims for damages. If partial payments/deposits have already been received, these shall be retained and offset against the Cancellation Fee.

5.3.    Depending on the season (e.g. New Year's Eve, Easter, Advent weekends, Christmas, public holidays, event days), separate cancellation conditions may apply in accordance with the conditions announced by Hotel Motto when booking. 

5.4.    In a departure from Section 909 ABGB, for the cases of a (potentially partial) cancellation of the Accommodation Contract or reduction of the scope of the contract as described above, it is hereby agreed that Hotel Motto is entitled to offset the reimbursement of the following expenses in addition to the Cancellation Fees specified in Section 5.1 of these GTCs:

• All third-party costs accrued by Hotel Motto in connection with the Accommodation Contract and which Hotel Motto has assumed (in anticipation of the implementation of the contractually agreed deliveries and services) and which are non-refundable;
• All expenses paid by Hotel Motto in connection with the Accommodation Contract;
• All deposits, at an appropriate level, which Hotel Motto has made to third parties in connection with the Accommodation Contract, insofar as these cannot be reclaimed; and 
• All Cancellation Fees collected by third parties with regard to the contractual obligations of Hotel Motto towards such third parties in connection with the Accommodation Contract.

Proof of the above-mentioned expenses shall be provided when invoiced.

5.5.    Any cancellation of the Accommodation Contract or reduction of the scope of the contract must be announced in writing (by e-mail is sufficient). Hotel Motto shall confirm receipt in writing. 

5.6.    In all cases of no-show or failure to arrive, the total Cancellation Fee is 100% of the agreed contractual amount plus any VAT.

6.    Withdrawal by Hotel Motto
6.1.    If the Accommodation Contract provides for a deposit and this deposit has not been paid by the Contractual Partner or not is not paid in a timely manner, Hotel Motto can withdraw from the Accommodation Contract by setting a written grace period (sufficient by email) of no more than three calendar days.

6.2.    According to the legal regulations, Hotel Motto is entitled to withdraw from the Accommodation Contract or terminate the Accommodation Contract for good cause by setting a written grace period (by e-mail is sufficient) of no more than three calendar days. Good cause in particular exists if:

• The Contractual Partner does not make timely payment;
• The fulfilment of the Accommodation Contract is impossible due to force majeure (including pandemics and official orders as a result of such pandemics, including COVID-19), strikes or other circumstances for which Hotel Motto is not responsible;
• The Contractual Partner provides misleading or false information about him or herself and/or Guests attributable to the Contractual Partner;
• The purpose or the reason for the stay is illegal;
• The Contractual Partner uses Hotel Motto’s name for advertising purposes without prior written consent;
• The Contractual Partner sublets the contractual premises in whole or in part without the written consent of Hotel Motto or otherwise makes them accessible to a third party for use;
• The Contractual Partner or a person attributable to the Contractual Partner makes significantly disadvantageous use of the rented premises or has a negative impact on Hotel Motto, its employees, other Guests or third parties staying at the hotel due to inconsiderate, indecent or otherwise grossly improper behaviour or is guilty of a punishable act against property, morality or physical integrity towards these persons, whereby an attempt or justified suspicion is sufficient;
• The Contractual Partner or a person attributable to the Contractual Partner contracts an infectious disease or illness which extends beyond the agreed period of accommodation or otherwise requires care; or
• The use of the booked deliveries and services endangers or potentially endangers, at Hotel Motto's discretion, the safety or public reputation of Hotel Motto.

6.3.    Hotel Motto's claims for compensation for damages caused by the cancellation of the contract/termination remain unaffected.

7.    Provision of alternative accommodation
7.1.    The Contractual Partner and the Guests attributable to the Contractual Partner are not entitled to use specific Hotel Motto rooms. If the Contractual Partner is not a consumer, Hotel Motto is entitled to provide the Contractual Partner with adequate alternative accommodation with an equivalent or higher standard if this is objectively justified and is not entirely unreasonable for the Guests attributable to the Contractual Partner.

7.2.     An objective justification exists, for example, if the reserved rooms have become unusable, if rooms have been overbooked and Hotel Motto is not grossly responsible or if other important operational measures make this step necessary. 

7.3.    Hotel Motto shall inform the Contractual Partner immediately in writing (by e-mail sufficient) no later than seven calendar days before the Day of Arrival about any necessary accommodation in alternative accommodation and shall provide any required transportation from Hotel Motto to the alternative accommodation and back free of charge. In addition, the Contractual Partner and the Guests attributable to the Contractual Partner are entitled to further compensation for additional expenses, insofar as they were incurred as a result of staying at the named alternative accommodation.

7.4.    If the Contractual Partner rejects the alternative accommodation within five calendar days after notification by Hotel Motto in writing (again, an e-mail is sufficient), the Accommodation Contract shall be deemed to have been cancelled and all payments made by the Contractual Partner up to this point in connection with the terminated Accommodation Contract are to be transferred back within a week after the cancellation by Hotel Motto. If not rejected within this period, the alternative accommodation offered shall be deemed to have been accepted by the Contractual Partner. Hotel Motto can also unilaterally avert such a withdrawal by the Contractual Partner if Hotel Motto waives the relocation to alternative accommodation resulting from the above-mentioned provisions within 24 hours of receipt of the rejection by the Contractual Partner in writing (by e-mail is sufficient) for the Contractual Partner.

8.    Hotel Motto’s rights
8.1.    Hotel Motto can invoice for the cleaning of furnishings or other parts of the FF&E beyond normal use in a hotel room or other hotel rooms or the corresponding costs of their repair and, if necessary, their replacement (at replacement value). The Contractual Partner and Guests attributable to the Contractual Partner (if they are of legal age) are also jointly and severally liable.

8.2.    Hotel Motto can issue a ban on the Contractual Partner and/or the Guests attributable to the Contractual Partner for justified reasons. 

9.    Liability of Hotel Motto for damage to or the loss of items brought in
9.1.    The statutory provisions of Sections 970 et seq. ABGB apply to items brought in by the Contractual Partner and/or Guests attributable to the Contractual Partner. Hotel Motto is liable within the framework of the statutory provisions (and therefore depending on the requirements standardised therein). The claim for compensation shall expire, however, if the damage is not reported to Hotel Motto immediately after becoming known. Valuables, money and securities are to be deposited in the hotel's own safe deposit box at the reception free of charge; otherwise Hotel Motto's liability shall be excluded if such safekeeping is reasonable. The safekeeping of valuables, money and securities can be refused by Hotel Motto without providing a reason, especially if the objects are much more valuable than those usually submitted for safekeeping by Contractual Partners and/or Guests.

9.2.    Objects left behind by the Contractual Partner are not considered to have been submitted for safekeeping to Hotel Motto or brought in by the Contractual Partner and shall only be forwarded upon request and at the risk and expense of the Contractual Partner. Hotel Motto shall store these items for three months against reimbursement of costs or a storage fee if they are stored by third parties. If they are of recognisable value, they shall subsequently be handed over to the local lost property office.

9.3.    Hotel Motto does not provide insurance coverage for items brought in, or only to a limited extent in accordance with the mandatory statutory provisions. It is the sole responsibility of the Contractual Partner to take out the necessary insurance.

10.    Liability of the Contractual Partner and Hotel Motto (if not covered by Section 9 of these GTCs above)
10.1.    The Contractual Partner and the Guests attributable to the Contractual Partner (the latter only if they are of legal age) are jointly and severally liable towards Hotel Motto for all damage caused by them (including Guests not of legal age) or by third parties who in turn are culpably responsible towards the Contractual Partner and/or the Guests attributable to the Contractual Partner.

10.2.    The liability of Hotel Motto towards consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz) for slight negligence is hereby fully excluded, with the exception of personal injury. Liability towards consumers for lost profit or other financial losses (including as a result of personal injury) within the context of slight negligence is also excluded.

10.3.    Hotel Motto is only liable towards entrepreneurs for all legal and pre-contractual, main or secondary contractual claims in the case of wilful or grossly negligent behaviour, again with the exception of personal injury. Liability for lost profit, indirect damages and consequential damages due to defects is excluded towards entrepreneurs, except in the case of grossly gross negligence or wilful misconduct. The amount of liability towards entrepreneurs in the case of simple gross negligence is limited to three times the value of the agreed contractual amount, but in any case to the amount of the hotel Motto’s liability insurance.

10.4.    Exclusions and limitations of liability apply equally in favour of all companies, their subcontractors and vicarious agents commissioned by Hotel Motto to fulfil its contractual obligations.

10.5.    All claims of the Contractual Partner, insofar as he or she is not a consumer according to the Consumer Protection Act, against Hotel Motto which arise from or are in connection with the respective Accommodation Contract shall expire (i) 12 months from knowledge of the damages and the party causing the damages, and (ii) in any case after the expiry of 12 months from the Day of Arrival, whichever of (i) and (ii) occurs first. The statutory provisions apply to consumers under the Consumer Protection Act.

10.6.    With regard to the provision of parking spaces for motor vehicles in the immediate vicinity of the Hotel Motto, the Contractual Partner shall enter into a separate contractual relationship with a relevant garage operator. If public parking spaces are used, this shall take place at the Contractual Partner's own risk or at the risk of the Guests attributable to the Contractual Partner. Any liability on the part of Hotel Motto is excluded in this context.

10.7.    The above-mentioned liability provisions apply accordingly to wake-up calls and the acceptance of messages, mail and consignments and/or other free or paid services provided to the Contractual Partner and/or the Guests attributable to the Contractual Partner, of whatever kind.

11.    Animals
11.1.    Animals may only be brought into Hotel Motto with the prior written consent of Hotel Motto and, if necessary, for an additional fee.    

11.2.    The Contractual Partner or the Guests attributable to the Contractual Partner are jointly obliged to properly care for or supervise any animals brought along during the stay or to have them cared for or supervised by suitable third parties at their own expense. Animals are not permitted to leave the hotel room unsupervised. In all cases, animals are not permitted to enter bars and restaurants, fitness areas or wellness areas. Dogs must wear a muzzle and a leash in all areas of the hotel.

11.3.    The Contractual Partner or the Guests attributable to the Contractual Partner must have appropriate animal liability insurance or private liability insurance, which also covers any damage caused by animals. Proof of the corresponding insurance must be provided to Hotel Motto upon request. The Contractual Partner or the Guests attributable to the Contractual Partner are jointly and severally liable to Hotel Motto for all damage caused by accompanying pets. In particular, the damages incurred also includes all compensation services which Hotel Motto is required to provide to third parties (including any associated costs).

11.4.    Pets are not permitted to enter the wellness and fitness areas under any circumstances.

12.    Extension of the accommodation
If the Contractual Partner is unable to leave the hotel on the agreed departure date due to unforeseeable exceptional circumstances and/or for other reasons which are not the fault of Hotel Motto, the Accommodation Contract shall be automatically extended for the duration of the impossibility of departure, subject to availability. In this case, Hotel Motto is entitled to charge (i) a fee corresponding to the contractual amount agreed for periods in advance plus VAT, or (ii) the current accommodation price according to the Hotel Motto price list valid in this period (list price), for the additional period, whereby the higher amount of (i) or (ii) applies.

13.    Illness or death 
13.1.    If the Contractual Partner and/or one or more Guests who can be attributed to the Contractual Partner fall ill during the stay, Hotel Motto shall arrange for medical care at the request of the Contractual Partner at the latter's expense. If there is imminent danger, Hotel Motto shall arrange for medical care even if the Contractual Partner does not specifically request this, in particular if this is necessary and the Contractual Partner is unable to do so him or herself. As long as the Contractual Partner is unable to make decisions and the relatives of the Contractual Partner cannot be contacted, Hotel Motto shall arrange medical treatment at the Contractual Partner's expense. However, the scope of these medical care measures shall end at the point in time at which the Contractual Partner can make decisions or the relatives have been notified of the illness.

13.2.    Hotel Motto is in particular entitled to reimbursement of the following costs by the Contractual Partner and the Guests attributable to the Contractual Partner (if they are of legal age) or, in the event of death, by the respective legal successor: medical costs, costs for patient transport, medication and medical aids, room disinfection which has become necessary, laundry which has become unusable, bed linen and bed furnishings, otherwise for the disinfection or thorough cleaning of all these items, restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death. Furthermore, the accommodation price according to the valid price list of Hotel Motto during this period (list price) is to be reimbursed for any days that the booked rooms cannot be used (e.g. due to disinfection). The Contractual Partner and the Guests attributable to the Contractual Partner (if they are of legal age) are also jointly and severally liable.

14.    Place of jurisdiction and choice of law
14.1.    These GTCs and the Accommodation Contract are subject to Austrian law with exclusion of the conflict of law principles. The provisions of the UN Sales Convention (CISG) do not apply and are excluded.

14.2.    For all disputes arising from these GTCs and the Accommodation Contract or relating to their violation, dissolution or nullity, the competent court in Vienna is exclusively responsible for commercial matters.

14.3.    If the Accommodation Contract has been concluded with a Contractual Partner who is a consumer with a place of residence or habitual abode in Austria or who is employed in Austria, legal action against the consumer according to Section 14 (1) KSchG can only be taken at his or her general place of jurisdiction (place of residence, habitual abode or place of employment of the consumer). In the case of cross-border disputes between Brussels I member states, the responsibility for consumers is based on Art 15 et seq. of the Brussels I Regulation. If the defendant consumer does not have a place of residence or business in a member state within the meaning of Art 15 (2) of the Brussels I Regulation, the jurisdiction according to Art 4 (1) of the Brussels I Regulation shall be determined according to national law, subject to Art 22 - 23 of the Brussels I Regulation.

14.4.    Amendments and supplements to these GTCs and the Accommodation Contract can only be made in writing (by e-mail is sufficient, as far as legally permissible). Unilateral changes or supplements by the Contractual Partner are ineffective in all cases.

15.    Protection of Minors

15.1.    Room reservations for young people under the age of 16 are only possible if accompanied by a legal guardian.

15.2.    Room reservations for young people between 16-18 years are only possible with the written consent of the legal guardian including a copy of ID and contact details of the legal guardian.

16.    Other
16.1.    Should individual points of these GTCs be or become ineffective, this shall not affect the validity of the remaining provisions and the contracting parties undertake to replace the ineffective provision with an effective one that comes closest to the (economic) meaning and purpose. In the case of other loopholes, the corresponding statutory provisions apply.

16.2.    When calculating a deadline in calendar days, this shall not include the calendar day on which the point in time or occurrence falls which is used as the beginning of the period of time. Deadlines specified in weeks or months refer to the calendar day of the week or month which, by its name or number, corresponds to the calendar day from which the deadline is to be counted. If this calendar day does not occur in the respective month, the previous calendar day in this month shall be decisive.

GENERAL TERMS AND CONDITIONS OF HOTEL MOTTO FOR GASTRONOMY AND EVENTS (Version July 2021)

17.    Scope
17.1.    These General Terms and Conditions (hereinafter the “GTCs”) apply to all deliveries and services provided by Hotel Motto BetriebsgesmbH with its registered office in Vienna and business address Bruno-Kreisky-Platz 1, A-1220 Vienna, registered in the commercial register of the Vienna Commercial Court under FN 229139 w, (hereinafter “Hotel Motto”) to the respective Contractual Partner who uses services and deliveries provided by Hotel Motto (hereinafter the “Contractual Partner”). The deliveries and services in particular consist of the use, in return for payment, of Hotel Motto rooms, e.g. for seminars, meetings, presentations, conferences and other events, as well as all related other deliveries and services of the Hotel Motto, such as the sale of food and beverages (F&B), on the basis of the event contract concluded between Hotel Motto and the Contractual Partner (hereinafter with regard to all of the above-mentioned deliveries and services the “Event Contract”). The Hotel Motto is entitled to provide its deliveries and services through third parties.

17.2.    These GTCs relate to the Event Contract concluded with Hotel Motto. The Contractual Partner's terms and conditions do not apply, even if Hotel Motto does not expressly contradict them. Counter-confirmations by the Contractual Partner with reference to its terms and conditions are hereby rejected.

18.    Conclusion of contract and deposit
18.1.    Hotel Motto's offers on its website (www.hotelmotto.at) are non-binding.

18.2.    Bookings by the Contractual Partner and verbal agreements are only considered to be accepted or binding if they have been confirmed in writing on behalf of Hotel Motto by authorised representatives or expressly agreed on the booking platform in accordance with the procedure specified on the platform. Correspondence of any kind which merely confirms the receipt of a booking (such as - but not limited to - automatically generated electronic confirmations of receipt sent by e-mail for bookings via the booking platform) is not deemed to be acceptance of the actual booking. A lack of response from Hotel Motto does not constitute consent. If the booking confirmation from Hotel Motto makes changes to the booking, these changes shall be deemed to have been accepted by the Contractual Partner if he or she does not object to them within 24 hours. Hotel Motto assumes no responsibility or obligation to check for any errors during the course of the booking process, unless they are promptly corrected by the Contractual Partner no later than two hours after receipt of the booking confirmation.

18.3.    If the customer concludes the contract on behalf of a third party, the third party shall become the Contractual Partner of Hotel Motto rather than the customer. The customer must inform Hotel Motto of this in a timely manner and, before the conclusion of the contract, send or hand over his or her written authorisation for the specific conclusion of contract and inform Hotel Motto of the name and address of the actual Contractual Partner. In the case of a lack of or insufficient authorisation by the (intended) Contractual Partner, the purchaser is deemed to be the Contractual Partner and is liable for the interest in performance, regardless of the degree of the purchaser’s own fault.

18.4.    Hotel Motto is entitled to request a reasonable advance payment or security (e.g. in the form of a credit card guarantee or a deposit) of up to 100% of the agreed contractual amount plus any VAT from the Contractual Partner upon conclusion of the contract. The amount of the advance payment or the security deposit and the payment dates shall be determined by Hotel Motto. Unless otherwise agreed, the Contractual Partner is obliged to pay the security no later than 90 calendar days (credited) before the start of the first calendar day of the event (as defined below). In this case, the booking is only valid upon receipt of the required security/deposit of the Contractual Partner by Hotel Motto, whereby in this case the event contract shall only be concluded when Hotel Motto re-accepts the booking. 

18.5.    Regardless of the provisions in Section 2.4 of these GTCs, if the Contractual Partner defaults on the payment of the deposit, Hotel Motto is entitled to terminate the respective Event Contract after a further written request (by e-mail is sufficient) and a grace period of five banking days for good cause if the Contractual Partner is at fault. Such a termination is deemed to be a cancellation by the Contractual Partner, whereby Hotel Motto is entitled to charge the cancellation fees set out below (regardless of fault). Further claims for damages by Hotel Motto remain unaffected.

18.6.    Hotel Motto is entitled to unilaterally change the dishes offered, especially those that contain seasonal products. In this case, Hotel Motto shall send two alternative proposals to the Contractual Partner, which must be confirmed by the latter at least four calendar days before the first day of the event, otherwise Hotel Motto shall make the selection at its own discretion.