General Terms
Scope of these General Terms and Conditions
1.1 The following provisions apply to all services related to the rental of hotel rooms and other premises by Companion, i.e., the following company:
The Companion Vienna
Mahü127a Betriebs GmbH
Perspektivstraße 8
1020 Vienna, Austria
towards guests, event organizers, and other contractual partners (hereinafter referred to as the "Customer"). The company is referred to below as "Companion."
1.2 These provisions apply exclusively within their scope. This means that any contrary or deviating terms of the Customer shall not become part of the contract, even if Companion performs its services unconditionally with knowledge of such contrary or deviating terms. Exceptions apply only if Companion has expressly agreed in writing to such contrary or deviating terms.
1.3 The House Rules ("Rules of Play") and the digital House Rules of Companion are attached as appendices to these General Terms and Conditions and form part of them.
1.4 In all matters not regulated by these Terms and Conditions, the General Terms and Conditions for the Hotel Industry 2006 as amended shall apply in addition.
Conclusion of Contract
2.1 Bookings at Companion can be made via various means, e.g., by phone or online. However, a booking only becomes binding once it has been confirmed by Companion (see Clause 1.1).
2.2 If the booking is made in writing or in text form (e.g., by email), a confirmation in text form is also required for the contract to be concluded.
2.3 The contractual parties are Companion, whose services are used by the Customer (Clause 1.1), and the Customer. If a third party has made a booking on behalf of the Customer, they are liable alongside the Customer as joint debtors. Companion may choose to claim its contractual rights either from the Customer or the ordering party. This also applies to ancillary services or claims for damages by Companion against the Customer.Services, Prices, Payment Terms
3.1 Companion is obligated to provide a room in the booked category and to deliver the agreed services. There is no entitlement to a specific room.
3.2 Companion is entitled to provide the actual accommodation service in an equivalent hotel, especially if the deviation is minor and objectively justified.
3.3 An objective justification may exist, for example, if the room becomes unusable, previously accommodated guests extend their stay, there is overbooking, or other important operational reasons necessitate this.
3.4 The Customer is obliged to pay the applicable or agreed prices for the services of Companion. This also applies to services and expenses caused by the Customer and directed to third parties.
3.5 All prices are stated in euros. Unless otherwise specified, Companion’s prices include all applicable taxes and fees. Any price changes due to taxes and fees shall be borne by the Customer. New public charges of any kind will be added to the agreed prices.
3.6 If these provisions entitle Companion to adjust prices unilaterally (Clause 3.4), the Customer has a special right of termination. This right must be exercised within one week after becoming aware of the reason for termination.
3.7 If the Customer wishes to reduce the number of booked rooms after conclusion of the contract, this requires Companion’s approval. Companion may make its approval conditional on an increase in the room price or other hotel service charges.
3.8–3.11 Companion is entitled to make the binding reservation of rooms dependent on an advance payment or full prepayment, even after the contract is concluded. If Companion has doubts about the Customer’s solvency, it may require advance payment of the full amount or the provision of security.
3.12 The total invoice amount is due upon arrival at the latest unless otherwise agreed. Payments per Clauses 3.8–3.10 are due immediately.
3.13 If payment is agreed after receipt of the invoice, it becomes due upon receipt. Default occurs on the 15th day after invoicing without the need for a reminder.
3.14 If the Customer is in default, Companion may suspend its services and terminate the contract without notice after setting a deadline and warning of refusal of service.
3.15 Companion generally accepts payment via credit cards indicated by notices. Acceptance of checks, credit cards, and other payment methods is on a goodwill basis. Companion reserves the right to refuse specific credit cards or insist on cash payment, especially in case of technical issues.Cancellation (Withdrawal) by the Customer
4.1 Unless otherwise agreed, the Customer may cancel free of charge up to 3 months before the agreed arrival date.
4.2 Unless otherwise agreed, the Customer is still obligated to pay the agreed fee even if they do not use the booked services.
4.3 – Cancellation Conditions:
Unless stated otherwise in the booking confirmation, the following cancellation fees apply:
• Up to 1 month before arrival: 40% of the gross price
• Up to 1 week before arrival: 70%
• Within the week before arrival: 90%
• On the day of arrival / no-show: 100%
4.4 Companion may charge these fees as lump sums. The Customer may provide proof of lesser damages or higher saved expenses.
4.5–4.6 Cancellation of event-related bookings is only possible if a right of cancellation was contractually agreed upon, a statutory right of cancellation exists, or Companion agrees. Cancellations must be made in text form.
4.7 – Event Cancellation Fees:
• Up to 60 days before the event: no cancellation fee
• Up to 30 days before the event: 100% of room rental or 50% of expected food revenue
• Up to 10 days before the event: 100% of room rental and 85% of expected food revenue
• From 10 days before the event: 100% of total revenue + additional ordered costs (e.g., staff, decoration, tech)
4.8 If the Customer exceeds the agreed usage time of the rooms, Companion may charge additional usage fees.
4.9 The Customer may not bring food or beverages to events. Exceptions require prior agreement; overhead fees may apply.Cancellation / Refusal of Services by Companion
5.1 Companion is entitled to refuse performance, withdraw from the contract, or terminate it according to legal provisions and in the following cases:
5.1.1 The Customer has been granted a right of withdrawal for a specific period, but Companion has received other requests for the same rooms, and the Customer does not waive the right of withdrawal when asked.
5.1.2 The Customer fails to make a requested advance payment or prepayment within the deadline set by Companion.
5.1.3 The service becomes impossible for reasons not attributable to Companion, or continuing to provide the service would be economically unreasonable.
5.1.4 The Customer has provided false or misleading information about essential contractual facts (e.g., identity or purpose of stay).
5.1.5 There are reasonable grounds to believe that the use of Companion’s services may endanger operations, security, or public reputation, without this being attributable to Companion.
5.1.6 The Customer allows third parties to use the room without Companion’s consent.
5.1.7 The purpose of stay, event, or specific use of the room is illegal.
5.1.8 The Customer is visibly under the influence of intoxicating substances at check-in.
5.1.9 The Customer behaves offensively toward Companion staff or other guests.
5.1.10 The Customer repeatedly violates the house rules or digital house rules.
5.2 If Companion withdraws from the contract for reasons stated above, the Customer must compensate for any damages and lost profits. In such cases, Companion accepts no liability.Room Handover, Return, Third-Party Use
6.1 Booked rooms are available to the Customer from 3:00 PM on the arrival day. There is no right to earlier availability.
6.2 Rooms are reserved until 6:00 PM on the arrival day. If the Customer does not show up, Companion may allocate the room to someone else with no claims against Companion.
6.3 Customers may arrange a late arrival in advance. This requires full prepayment or provision of a credit card for no-show charges.
6.4 Subletting, transfer of use, or using the room for non-accommodation purposes is only allowed with prior written approval. Denial of approval does not entitle the Customer to withdraw from or terminate the contract.
6.5 If the room is not vacated by 12:00 PM on the departure day, Companion may charge for an additional night.
6.6 Smoking is only permitted in designated areas. Violation will result in cleaning fees and compensation for loss of room use.Liability of Companion and Customer Obligations
7.1 Companion and its agents are only liable for damages to property or assets in cases of gross negligence or intent unless a cardinal obligation has been breached.
7.2 Liability is limited to typical, foreseeable damages.
7.3 Strict liability under § 1295 Austrian Civil Code is excluded.
7.4 If Companion provides a parking space, no custody agreement is created (§ 957 ABGB). Liability is limited as per Clauses 7.1 and 7.2.
7.5 Companion is liable for guests' belongings according to §§ 970 ff. ABGB only if items are handed over to authorized staff or placed in a designated location (e.g., room/hotel safe). Liability is limited to €1,100, and for valuables, cash, and securities to €550, unless Companion has been negligent. If the guest ignores instructions to deposit items securely, Companion is not liable.
7.6 Companion is not liable for lost items during events, including exhibitor property, unless stored as per Clause 7.5.
7.7 Damage must be reported immediately upon discovery. Claims must be made in court within three years, or they expire.
7.8 All other claims follow statutory provisions regarding liability and limitation.
7.9 Valuables must be stored in the room or hotel safe.
7.10 Cash amounts over €550 must be reported at reception. Otherwise, the Customer must prove loss in detail in case of theft, burglary, etc.
7.11 Lost property with an apparent value of more than €10 will be returned upon request (within 14 days) at the Customer’s cost and risk. Otherwise, it will be handed over to the lost-and-found office.Vouchers
8.1 Vouchers purchased from Companion can only be redeemed for in-house services at the specified hotel. Any remaining balance can be used for future payments at the same hotel.
8.2 Vouchers are valid for 3 years from the date of issue. They are non-refundable, non-transferable, non-resellable, and cannot be exchanged for cash. The purchaser is responsible for providing accurate data (especially email address).Pets
9.1 Pets may only be brought with prior approval and may incur additional charges.
9.2 The Customer is liable for damages caused by their pets in accordance with § 1320 ABGB (liability of animal keepers).Internet Use
10.1 Companion provides wireless internet access to Customers.
10.2 The Customer is responsible for bringing their own Wi-Fi-enabled devices. No technical support or device rental is provided.
10.3 Internet speed and availability depend on external factors beyond Companion’s control. No guarantee is made for streaming services or specific bandwidth.
10.4 Malfunction or unavailability of internet is no reason for price reduction or liability claims.
10.5 Companion reserves the right to block access to specific websites.
10.6 The Customer must comply with the digital house rules when using the internet.Data Protection and Data Usage
11.1 Companion collects, stores, and uses personal data as needed to fulfill the contract. The data protection declaration at www.companion-hotels.com/dataprotection applies.
11.2 Due to the nature of accommodation services, storing and sharing personal data is essential. The Customer consents to the collection and transfer of data to booking platforms, service providers, authorities, and other required parties.
11.3 Companion uses the Customer’s name and email address to send personalized marketing for hotel services.
11.4 The newsletter is managed via the "Dailypoint" system (Toedt, Dr. Selk & Coll. GmbH, EU-based). A data processing agreement ensures lawful handling of data. Customers may unsubscribe at any time via link or by contacting Companion.
11.5 The Customer may object to marketing use at any time by emailing mtodt@companion-hotels.com
11.6 If the Customer participates in Companion's contests (e.g., via social media), additional data use policies apply per contest terms.
11.7 The data controller as per Clause 11 is Companion (Clause 1).Final Provisions
12.1 The Customer may only offset claims against Companion or assert rights of retention if the claims are undisputed, legally established, or acknowledged by Companion.
12.2 These provisions – including the “House Rules” and “Digital House Rules” – are final and binding for the contractual relationship. Deviations must be in text form.
12.3 Place of performance is the registered office of Companion.
12.4 If the Customer is a merchant or public legal entity or has no general jurisdiction in Austria, the place of jurisdiction is Companion’s registered office.
12.5 Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.6 If any of these provisions is or becomes invalid, the remaining provisions remain unaffected.