Issue date: 19 Feb 2008
This is a contract between the "hotel" (you) and "Hirners Hotel Guide" (we, HHG, hirners.com).
By subscribing to HHG for online-booking, you agree to be fully bound by the terms and conditions as follows. This agreement starts when you submit the subscription form. It can be terminated by either party at any time for any reason or no reason provided. There is no termination fee. Termination by email is only valid when it is confirmed on our request. Already occurred reservations stay binding, as well as commissions and fees related to those reservations.
When you subscribe to our online-booking system, you get a homepage on our server where the bookings are made. This homepage will be listed as "recommended hotel" in the respective city and country pages.
This agreement may be subject to modifications in which case we will notify you at least a week before the new agreement applies.
The subscription to HHG for online-booking is free of charge. You pay commissions to HHG for effected accommodations when the reservations are:
The amount of commission is 8 % of the booking amount per reservation.
Invoices are made out monthly. We send the invoices per signed email. On demand, we can send the invoices manually signed and with company stamp per fax or postal service for an additional fee of 5 EUR.
Commissions and fees are to be paid either via PayPal to hhg@hirners.com (preferred) or via bank transfer. Bank transfers from EU countries except Austria have to be EU standard remittances.
In case of late payments (even through no fault of your own), you agree to pay the reminder fee of 12 EUR plus 5 EUR per 6 months for managing our claim. We are also authorised to claim an interest (as defined by law) on these payments.
If not stipulated otherwise, invoices have to be paid within 14 days from invoicing date.
In case of noncompliance with this agreement, we are legitimated to claim a penalty with an amount of 100 EUR.
You are responsible for the correctness of the data you provide on/at HHG. You must provide room inventory and associated facilities you have sold via Hirners Hotel Guide. You must not make rooms available for online-booking if you cannot provide them. Keep all information posted (availability, rates, facilities, offers, cancellation policy, ...) updated, unambiguous and accurate at all times.
Only rooms which you have explicitly made available can be booked via HHG. Based on the information you provide at HHG, the guest can send a binding reservation to the property using our online-booking system. Because only rooms which have been made available by hotel can be booked, the reservation is automatically accepted. HHG sends a notification email to both guest and property immediately after booking. We ask you to confirm the receipt of these emails as soon as possible. In case this notification email does not arrive at the property - for instance due to technical reasons - it has no effect to the reservation itself which stays valid. All reservation details are available in the Room Management System at any time.
We ask you to re-confirm a reservation to the guest and HHG as soon as possible, but this is not required for the booking to be valid.
Reservations taking place at HHG are mandatory contracts between the guest and the hotel, so the terms of the hotel apply.
Regarding reservations guaranteed by credit card details we recommend you to do a pre-authorisation before the guest's arrival according to your cancellation policy.
Your cancellation policy applies. The guest can only cancel at the hotel. If a reservation is invalid or cancelled either by the guest or by you, you must cancel the reservation in the Room Management System, too.
If the guest does not arrive at your property, you must cancel the reservation at HHG regardless of whether you charge the first night (no-show) or not. HHG does not charge anything in case of no-shows.
You must not cancel bookings for effected accommodations.
We use modern encryption standards (SSL/TLS) to safeguard confidential booking and room management data. We can not guarantee that our service is available continuously (maintenance, server failure, human mistakes, fault of third parties like our ISP). There is no 100 % safety against external intruders, however, we care about security and backups.
You must not try to circumvent our security facilities wilfully.
The seller is liable for damages insofar as intent or gross negligence can be proven, within the framework of statutory regulations. Liability is excluded in case of slight negligence.
Compensation for consequential damages and financial loss, not realized savings, loss of interest, and damages arising from third-party claims against the seller is in every case, to the extent legally permissible, ruled out.
Our claims can not be set off against counterclaims.
All agreements are only then legally binding, when they have been (electronically) signed by an authorized representative of the hotel.
Insofar as not otherwise agreed, the statutory regulations applicable to registered merchants are exclusively those in force under Austrian law. This is the case also when the order is carried out outside of Austria.
Only for hotels in Austria: You can not sign this contract because you need the German version that is available on our Website (click the German flag to switch the language to German).
Only for hotels not in Austria: All disputes arising out of this contract or related to its violation, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these Rules.