Terms Of Service

What You Need To Read.

General Terms and Conditions of Business of Dormy GmbH, company no. 446411m (Status: 24/02/2016)

Any translated versions of these Terms and the Terms of Use shall be for convenience only. In the event of any deviations resulting form the translation, the formulation set forth in the German version shall prevail.

1. General

All bookings for accommodation and orders for other services, such as the pick-up service or welcome service made through Dormy GmbH, company no. 446411 m, Porzellangasse 35/16, 1090 Vienna, (hereinafter: “Dormy”) via its website www.dormy.at shall be made exclusively in accordance with the following General Terms and Conditions of Business of Dormy GmbH (hereinafter: “GTC”). Dormy GmbH reserves the right to make changes at any time to the website, these GTC, the amount of the order processing fee and/or payment methods for future bookings and orders for services. Dormy acts as a mediator for bookings for accommodation via the website www.dormy.at and provides services or acts as a mediator for other services advertised via the website. In particular, Dormy operates an online platform via the website www.dormy.at through which accommodation providers can offer their accommodation for bookings and via which the accommodation offered can be booked. With the booking request made via www.dormy.at, the accommodation provider is requested by the booking party (hereinafter: “booking party” or “user”) to offer the user the conclusion of an accommodation contract. The accommodation contract itself is concluded with the declaration of agreement directly between the accommodation provider and the booking party. Dormy is not a contractual party to the actual accommodation contract supplied via the online platform, but acts as a mediator for the accommodation contract for a fee. Dormy is not obliged to supply and/or provide services arising from the accommodation contract. Users booking accommodation or another service via the online platform www.dormy.at as representatives of a legal person or a partnership herewith declare that they are authorised for the respective representation. Dormy reserves the right to request proof of the authorisation for representation granted. The user shall compensate for all damage and losses suffered by Dormy or the accommodation provider or a third party for which he is culpably responsible through nonauthorised representation. Users who book accommodation or other service via the online platform www.dormy.at herewith declare that they are aged 18 or over. If the user is not yet 18 years old, a legal representative must grant his express approval for each booking for accommodation or order for another service. The user shall compensate for all damage and losses suffered by Dormy or the accommodation provider or a third party for which he is culpably responsible by falsely declaring his age. The terms used in these GTC and on the website www.dormy.at refer to the masculine and feminine form at all times. The respective form is chosen for the sake of simplification.

2. Advertisements

On the website www.dormy.at accommodation providers advertise their accommodation for user bookings. The accommodation provider assumes sole responsibility for the content, as well as for the correctness and completeness of his data in the advertisements. Dormy does not assume any responsibility or liability in this regard. Dormy has the right to remove advertisements from the website www.dormy.at without stating reasons and without prior notification. When the accommodation is advertised, the accommodation provider confirms that he is entitled to conclude accommodation contracts for the accommodation offered. The accommodation provider compensates for all damages and disadvantages suffered by Dormy or the users or third parties due to incorrect information in his advertisements. The offers listed on the platform are strictly non-binding.

3. Booking Queries, Mediation Agreement with Dormy

In order to book accommodation, the user shall send a booking query, completing the online form on the website www.dormy.at and stating all personal details requested. Depending on the request made for the accommodation selected, the user shall send scans of the documents required with the online booking form. A mediation agreement is concluded between the user and Dormy when the online booking form is sent. On the basis of this agreement, the user pays Dormy a once-only order processing fee directly via the online platform www.dormy.at in the amount stated on the website www.dormy.at,, the reservation fee that is to be used by the accommodation provider as a rental payment for the first month when the accommodation contract is concluded, as well as the reservation deposit that is to be used as a deposit by the accommodation provider when the accommodation contract is concluded, if requested by the accommodation provider. The order processing fee in the amount stated on the website www.dormy.at is a once-only payment to Dormy for processing the query, checking completeness of the documents, registering the user and acting as a mediator for the accommodation when the accommodation contract is successfully concluded. In addition, the user pays Dormy the reservation fee directly via the online platform www.dormy.at that is to be used as rental payment for the first month by the accommodation provider when the accommodation contract is concluded, as well as the reservation deposit, that is to be used as a deposit by the accommodation provider when the accommodation contract is concluded, if requested by the accommodation provider. The amount of the reservation fee (monthly rental) and any reservation deposit requested by the accommodation provider (deposit) are stated in the respective advertisements. The user sends the online booking form and documents to Dormy. The user expressly agrees to the unrestricted applicability of these GTC at the time of sending the online booking form at the latest. When the online booking form is transmitted online, a mediation agreement is concluded between the user and Dormy and the user is bound to his booking query for the accommodation. The booking query made with the online booking form is a legally binding declaration of intent towards Dormy on the part of the user to the effect that the user intends to conclude an accommodation contract with the accommodation provider for a certain accommodation for a certain monthly rental price for a certain booking period, with a reservation deposit (if required) to be paid in a certain amount and a reservation fee to be paid in a certain amount. As soon as the completed online booking form has been received by Dormy together with the documents requested by the accommodation provider and payments of the order processing fee, reservation fee and the required reservation deposit have been made to the account of Dormy, Dormy shall confirm receipt of the booking query to the user by e-mail. This confirmation has no legal effect on the conclusion of the accommodation contract.

4. Acceptance/Rejection of Booking Queries

After full payment of order processing fee, reservation fee and reservation deposit (if required) have been made to the account of Dormy, Dormy shall further the user’s booking query to the accommodation provider together with all documents. The accommodation provider will endeavour to respond to incoming booking queries within 3 working days (Monday to Friday, excepting public holidays). The user cannot derive any rights from delays. The accommodation provider is entitled to reject user booking queries made with Dormy without stating reasons. Dormy shall notify the user of the rejection immediately. Acceptance of the user’s booking query is a legally binding declaration of intent towards Dormy on the part of the accommodation provider, to the effect that the accommodation provider intends to conclude an accommodation contract with the user sending the query, for a certain accommodation for a certain monthly rental price for a certain booking period, with a reservation deposit (if required) to be paid in a certain amount and a reservation fee to paid in a certain amount. The accommodation provider thereby guarantees the availability of the accommodation from the time that the booking is confirmed with Dormy. Dormy shall further this acceptance to the user by e-mail. When acceptance is made, Dormy sends the user all the user booking data, the accommodation provider’s contact details as well as the accommodation contract to be concluded separately between the user and accommodation provider.

5. Mediation Order Between Dormy and the User

When the online booking form is sent by the user via the online platform www.dormy.at to Dormy, a mediation order is concluded between the user and Dormy. Dormy’s entitlement to the order processing fee arises and is due for payment when the accommodation provider accepts a booking query from the user. When a booking query is rejected by the accommodation provider, the mediation order between the user and Dormy ends. Dormy shall inform the user immediately about the rejection of his booking query and shall cancel the authorisation for the first rental payment (reservation fee), the order processing fee and the reservation deposit. In such a case, Dormy reserves the right to offer the user other available accommodation for booking. When the booking query is accepted by the accommodation provider, the authorised payments for the first rental payment (reservation fee) and the reservation deposit become due for payment, are made available by the user and paid to the account of Dormy. Dormy is responsible for furthering the reservation fee and reservation deposit to the accommodation provider in due time. If the amount is transferred immediately, the whole amount becomes due for payment at the time that the booking query is sent.

6. Legal Relationships Between Dormy and the Accommodation Provider

The first rental payment is a contractual reservation fee that is paid to Dormy and not to the accommodation provider. Dormy must reimburse the first rental payment and the reservation deposit to the accommodation provider within an agreed period, subject to deductions for the commission for Dormy. In this way, the reservation deposit becomes a security deposit. After paying the sum to the accommodation provider, the accommodation provider administers the security deposit. If the accommodation provider does not reply to the booking query within 3 working days (Monday to Friday, excepting public holidays); the user’s booking query expires and Dormy cancels all payment authorisations or refunds payments made by the user to him.

7. Accommodation Contract

As soon as the accommodation provider accepts the booking query, Dormy or the accommodation provider shall send the user the accommodation contract in accordance with the accepted booking. The user agrees to send the signed accommodation contract to Dormy or to the accommodation provider within 10 working days (Monday to Friday, excepting public holidays) from acceptance of the booking query, and to authorise the accommodation provider to collect the monthly fee for use/rent. In the event that the user does not fulfil these obligations in spite of a reminder and a reasonable period of grace of a maximum 5 working days (“grace period”), the accommodation provider can at his own discretion choose to demand fulfilment or to withdraw his acceptance of the user’s booking query within 5 working days after the period of grace has expired. The use shall fulfil all further requirements made by the accommodation provider, such as disclosure of personal data, presentation of an extract from the judicial record and/or procurement of a declaration of surety to guarantee rental payments. During the term of the accommodation contract, the user agrees to comply with the provisions of the accommodation contract and to pay due amounts to the accommodation provider immediately and in full.

8. Reimbursement of Payments

If and to the extent that an accommodation provider permits cancellations and the user cancels these conditions in accordance with the accommodation contract, Dormy shall refund the reservation fee and the reservation deposit to the user, if they are paid into the account of Dormy, after consultation with the accommodation provider. Reimbursement of the order-processing fee is not possible after Dormy’s claim for the payment of this fee has arisen. In the same way, Dormy shall refund the reservation fee and the reservation deposit to the user, if they are paid into the account of Dormy, if the accommodation contract is not concluded, after consultation with the accommodation provider. Reimbursement of an order processing fee that has already been paid or the nullification for authorisation of a credit card payment for the order processing fee shall be made only when the accommodation provider rejects the user’s booking query.

9. Withdrawal from the Agreement Concluded in Remote Sales

If the user is a consumer in the sense of the Austrian Consumer Protection Act (KSchG), the mediation agreement concluded between the user and Dormy via the platform www.dormy.at is subject to the Austrian Remote and External Business Act (FAGG). Pursuant to § 11 FAGG, the user can withdraw from the mediation agreement within fourteen working days, excluding Saturdays. It is sufficient if the declaration of withdrawal is sent before the period of notice for withdrawal ends. The period of notice for withdrawal for contracts for the performance of services begins on the day that the contract is concluded. Before sending the booking query, the user will be informed about his right to withdraw and requested to expressly confirm that Dormy must perform its services before the 14- day period of notice for revocation, and that the user will therefore waive his right to withdraw. If the user does not waive his right to withdraw, Dormy shall further the user’s booking query to the accommodation provider when the 14-day period of notice for withdrawal has expired.

10. General Terms of Payment

In connection with a booking query, the user shall be requested to enter payment information with a payment service provider authorised by Dormy. Dormy offers the user sending the query different methods of payment, in particular, credit card, PayPal and immediate transfer. Dormy is entitled to change the methods of payment offered on the website www.dormy.at at any time. If the user sending the query wants to pay with a credit card, Dormy shall initially authorise the amount due from the card stated. The user sending the query expressly agrees that Dormy may authorise a corresponding amount at this time. The amount due shall be collected with the card when the accommodation provider has accepted the booking query from the user sending the query. The respective conditions of the credit card company are valid. If the user sending the query wishes to pay with an immediate transfer, the total amount becomes due for payment at the time the booking query is sent. Payment of all fee-based services is also possible with the payment options stated on the platform www.dormy.at at the time the contract is concluded. Prices and payment conditions are valid as they are stated on the platform www.dormy.at at the time the contract is concluded. The prices stated are end customer prices including value added tax. All information on prices and fees is stated in EUR. Dormy implements commonly used security and transmission encryption (SSL) for online payment options. There are no other checking and security obligations. Payment shall be made in the currency of the country where the accommodation is located. Currency conversion and transaction fees can be deducted from payment amounts to accommodation providers and users in a different currency than EUR, and are borne by the accommodation provider and/or user. Dormy shall assume no liability for transaction fees charged by the user’s bank or the accommodation provider’s bank.

11. Personal User Account

Dormy shall provide the user with a personal user account and profile after the accommodation provider has accepted the booking query. This is protected against access by unauthorised persons via an access control system (user name and password). After acceptance of his booking query, Dormy sends the user a user name and password by e-mail to the address given by him. The user is obliged to keep his access data secret and protected, and shall not make them available nor communicate them to third parties. If the user suspects that his password has been made known to a third party or misuse has occurred, the user shall change his password immediately and report any misuse to support@dormy.at by e-mail. The user is liable to Dormy for any damages arising from violation of the duty of care, in particular failure in the duty of notification. Dormy is entitled to suspend, alter or delete a user account without prior notification and for any reason.

12. Booking Other Services

Booking other services can only be made through the user’s personal user account, thus presuming that the user’s booking query will be accepted by the accommodation provider. The offer and availability of other services can be checked on the online platform www.dormy.at. The list of services described as other services available by Dormy on the platform www.dormy.atrepresent a binding offer. By activating the booking button, the user accepts the offer for the use of one of the services selected by the user at the conditions and prices stipulated on the platformwww.dormy.at. Dormy shall confirm the booking to the user immediately by e-mail.

13. Liability

Dormy assumes liability exclusively for damages wilfully caused by Dormy or through gross negligence. Liability on the part of Dormy for accident and/or slight negligence is excluded in any case. Irrespective of this, liability on the part of Dormy for purely financial losses, consequential damages, loss of profits, losses and/or indirect damages are excluded in any case. The amount of the entire liability on the part of Dormy for each transaction, based on whatever legal title, is limited to the respective fee for the service performed by Dormy. Dormy shall not assume liability for the availability of or operation of the platform www.dormy.at and its content. Dormy is not obliged to guarantee a certain server capacity, so that website overload and extended response times may ensue. Dormy is entitled to carry out work on the platform at any time and without prior notification that may also involve turning off/interrupting operations, or closing down the online booking tool. The user is liable to Dormy for all damages caused in a way contrary to the contract by the user and/or persons accountable to him, made by booking accommodation and/or other services. This applies in particular to misuse and bookings not made with serious intentions.

14. Data Protection

The user herewith consents to Dormy saving and processing the personal data stated by him in an automated procedure in line with statutory requirements, such as first name and last name, address, e-mail address and date of birth in order to process the order. The user herewith expressly consents to his personal data being used by Dormy for marketing purposes, in particular sending advertising messages, also by e-mail (§ 107 Telecommunications Act 2003). The user can revoke this consent to the use of personal data for the operator’s marketing purposes and the consent granted for commercial advertising carried out by Dormy at any time by email to office@dormy.at. Furtherance of personal data to third parties shall be made exclusively in line with statutory requirements and - if necessary - during contract processing. In particular, Dormy is entitled to further data to a competent public body, if it suspects a violation of the law.

15. Cookies

The website www.dormy.at uses cookies to distinguish different users. Cookies are text files that are saved either temporarily or permanently on the user’s computer hard drive. Cookies are used for authentication, session tracking and to retain certain information about the website user. Cookies collect anonymous data. All cookies already on the computer hard drive can be deleted by searching for files containing the word “cookie” and deleting them. In order to prevent cookies being saved on the computer, the browser settings can also be changed so that cookies are blocked. However, this means that not all the website functions at www.dormy.at can be used. Find more information about cookies at: www.allaboutcookies.org To improve the website www.dormy.at and the services offered by Dormy, Dormy uses temporary and also permanent cookies, authorised cookies from third parties, tracking pixels and/or other technologies to collect data that cannot be personally identified. These data that cannot be personally identified serve to analyse surfing behaviour, the creation of customised offers or advertising as well as monitoring and recording website visits towww.dormy.at. For a better understanding of how the website www.dormy.at is used, and for the purposes of marketing analysis and quality improvements measures, Dormy (and/or external service providers) can anonymously collect and record certain information, including the total number of transactions, pages viewed, referrer/exit pages, platform type, date/time stamp information and data, such as the number and location of mouse clicks at a certain position, mouse movements, scrolling activity and the search for words during the user’s visit to the website www.dormy.at, continue to use them and utilise them. By continuing to use the website www.dormy.at the user agrees to the use of cookies.

16. Intellectual Property

Accommodation providers and users grant Dormy a free operating licence for the intellectual property of uploaded materials made available (e.g. images).

17. Place of Fulfilment, Choice of Law, Jurisdiction

The place of fulfilment is Vienna. Austrian law shall apply, excluding its conflict of law rules. The UN Sales Convention does not apply. The competent courts of law for the first instance in the first district of Vienna are responsible for all disputes arising in connection with the effective conclusion of the contract and/or the fulfilment of contractual obligations. This choice of law applies for consumers only to the extent that mandatory provisions of the law of the country in which he has his habitual residence are not superseded. The authorisation granted by Dormy in this case to apply to another court competent for the user remains unaffected by this.

18. Final Provisions

In the event that individual provisions of this contract should be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract remains otherwise unaffected. The invalid or unenforceable provision shall be replaced with that valid and enforceable provision that most closely approximates to the effects or economic objectives that the parties to the contract have pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract is proved to contain omissions.