Terms & Cancellation Policy

1. Scope and contracting party

These terms and conditions apply to all accommodation contracts with MyPlace Premium Apartments. The guest’s contracting party is Medox Restaurant- und Hotelbetriebs GmbH, Vorlaufstraße 3, 1010 Vienna, Austria, company register no. FN 282441 f, Commercial Court Vienna, VAT ID ATU62843347 (hereinafter the "accommodation provider").

In addition, the Austrian General Terms and Conditions for the Hotel Industry 2006 (Allgemeine Geschäftsbedingungen für die Hotellerie 2006 – AGBH 2006) as published by the Austrian Economic Chamber (WKO) apply.

The following order of precedence applies: (1) individually agreed terms, (2) the conditions of the booked rate as shown during booking and in the booking confirmation, (3) these terms and conditions, (4) the AGBH 2006. Terms and conditions of the guest do not become part of the contract.

Full text of the AGBH 2006 (WKO)

2. Conclusion of contract

The presentation of the apartments on this website is not a binding offer. By completing the booking process the guest submits a binding offer. The accommodation contract is concluded upon receipt of the booking confirmation.

For bookings made via booking platforms or travel agents, the accommodation contract is likewise concluded with the accommodation provider; the platform’s own terms additionally apply to its intermediary service.

Anyone booking on behalf of other persons is jointly liable with them for all obligations arising from the accommodation contract.

3. No statutory right of withdrawal for online bookings

Accommodation contracts concluded for a specific date or period are not subject to the statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (§ 18 (1) no. 10 FAGG). Only the cancellation terms in section 7 apply.

4. Prices and payment

All prices are in euros and include statutory VAT. Charges such as the local tourism tax are shown during booking. The total price displayed during booking and stated in the booking confirmation applies.

Due dates, down payments and prepayments depend on the booked rate. A credit card provided as a guarantee may be charged for amounts due and for cancellation fees under section 7. Unless otherwise agreed, the full amount including any additional services used is payable at departure at the latest (§ 8.1 AGBH 2006).

5. Arrival and departure

The apartment is available from 3 pm on the day of arrival and must be vacated by 11 am on the day of departure. Early check-in and late check-out are subject to availability and prior agreement.

If the apartment is not vacated on time, the accommodation provider is entitled to charge a further day (§ 4.3 AGBH 2006). There is no entitlement to an extension of the stay.

6. Cancellation by the accommodation provider (§ 5 AGBH 2006)

The accommodation provider reserves the right to withdraw from the accommodation contract in accordance with § 5 AGBH 2006:

• If the accommodation contract provides for a down payment and the down payment is not made on time, the accommodation provider may withdraw from the contract without granting a grace period (§ 5.1).
• If the guest does not arrive by 6 pm on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed (§ 5.2).
• If a down payment has been made, the apartment remains reserved until 12 noon on the day following the agreed day of arrival at the latest. If more than four days have been paid in advance, the obligation to provide accommodation ends at 6 pm on the fourth day, the day of arrival counting as the first day, unless the guest has announced a later day of arrival (§ 5.3).
• Unless otherwise agreed, the accommodation provider may terminate the accommodation contract by unilateral declaration for objectively justified reasons up to 3 months before the agreed day of arrival (§ 5.4).

If the accommodation provider withdraws from the contract, any payments already made for the cancelled stay will be refunded in full. The accommodation provider’s right to terminate the contract early for good cause (§ 15 AGBH 2006) remains unaffected.

7. Cancellation by the guest and no-show

Cancellations by the guest are governed by the cancellation terms of the booked rate as shown during booking and in the booking confirmation. Where the booked rate contains no provision, § 5.5 and § 5.6 AGBH 2006 apply.

Cancellations must be sent in writing or by e-mail to reservations@my-place.at; the time of receipt is decisive. In the event of a no-show without cancellation or an early departure, the agreed price remains payable in accordance with the booked rate. The accommodation provider will deduct whatever it saves as a result of the services not being used or receives from letting the apartment to others.

8. Substitute accommodation (§ 6 AGBH 2006)

The accommodation provider may provide the guest with adequate substitute accommodation of the same quality if this is reasonable for the guest, in particular if the deviation is minor and objectively justified — for example if the apartment has become unusable, guests already accommodated extend their stay, there is an overbooking, or other important operational measures require this step. Any additional costs of the substitute accommodation are borne by the accommodation provider.

9. Use of the apartments

The apartment may only be used by the persons named in the booking and by no more than the number of persons intended for the category. Letting it to third parties or using it for commercial purposes requires the prior consent of the accommodation provider.

All apartments are non-smoking; smoking is permitted on the roof terrace only. Pets are not allowed. Guests must show consideration for other guests and residents of the building, in particular during quiet hours from 10 pm to 6 am.

The guest is liable for damage culpably caused by the guest, fellow travellers or visitors (§ 8.3 AGBH 2006). This includes the actual costs of special cleaning and of lost rental income resulting from a breach of the smoking ban or the ban on pets.

10. Liability of the accommodation provider

The accommodation provider is liable for items brought in by guests in accordance with §§ 970 et seq. of the Austrian Civil Code (ABGB) and § 11 AGBH 2006. Liability is accordingly limited to a maximum of EUR 1,100; for valuables, money and securities the accommodation provider is liable only up to EUR 550, unless it has accepted these items for safekeeping in knowledge of their nature or the damage was caused by the fault of the provider or its staff.

Otherwise, the accommodation provider’s liability for slight negligence is excluded. This exclusion does not apply to personal injury or to the breach of main contractual obligations.

11. Long stays

Longer stays are also accommodation contracts within a hotel business that provides typical hotel services (reception, cleaning, linen) and not residential tenancy agreements. There is no entitlement to an extension beyond the booked period. Differing conditions for long stays and corporate stays are agreed separately in writing.

12. Registration and data protection

Under the Austrian Registration Act, every guest must complete the guest registration form on arrival and present a valid travel document on request. Information on the processing of personal data can be found in our privacy policy.

13. Governing law and jurisdiction

Austrian law applies, excluding its conflict-of-law rules. With regard to consumers, this choice of law applies only to the extent that it does not restrict mandatory provisions of the law of the country in which the consumer has their habitual residence.

The place of performance is Vienna. For disputes with business customers, the competent court in Vienna has exclusive jurisdiction. For consumers, the statutory places of jurisdiction apply (§ 14 of the Austrian Consumer Protection Act).

14. Final provisions

Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions is not affected. The German version is authoritative; the English version is provided for information.