TERMS AND CONDITIONS
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These Terms and Conditions (Conditions) set out the basis on which Backyard Mountain Hostel (as defined below) will provide accommodation and other products and services at its hostels to Customers (as defined below) and Guests (as defined below). By making a Booking (as defined below) the Customer agrees to comply with these Conditions.
1. INTERPRETATION
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In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Arrival Date" means the date on which the Customer’s stay at the hostel is due to commence, as per the Booking Details
"Booking" means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Backyard Mountain Hostel
“Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the duration of the Guests’ stay at the Hostel and any other products and/or services to be included in the Booking
“Charges” means the charges payable by the Customer in connection with the Booking
“Contract” means the contract between the Customer and Backyard Mountain Hostel in relation to the Booking
“Customer” means person who makes the Booking
“Backyard Mountain Hostel” means Backyard Mountain Hostel
“Guests” means the Customer and any third parties they invite to the Hostel in connection with the Booking
“Hostel” means the hostel owned or operated by Backyard Mountain Hostel the location of which is Ginzling 254, Mayrhofen, Austria
2. BOOKINGS
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2.1 Customers can request Bookings via Backyard Mountain Hostel’s website or by contacting Backyard Mountain Hostel’s staff at the Hostel.
2.2 When requesting Bookings, Customers will be required to provide identification information including, but not limited to, their name, address, contact telephone number and email address.
2.3 No request for a Booking should be deemed to be accepted unless and until Backyard Mountain Hostel confirms its acceptance and provides a booking reference, at which point the Contract will come into existence.
2.4 Subject to clause 4 Backyard Mountain Hostel will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details but any request to change the dates or length of stay or add products and/or services will be subject to availability and the Customer paying for such increased length of stay and/or products and/or services at Backyard Mountain Hostel’s standard rates from time to time.
2.5 When booking beds in a shared room, Backyard Mountain Hostel will attempt to put people on the same booking in the same room, however this can not be guaranteed
3. FEES AND PAYMENT
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3.1 The Charges will be as quoted by Backyard Mountain Hostel to the Customer upon the Customer’s request for a Booking.
3.2 Unless otherwise agreed by Backyard Mountain Hostel, the Charges only cover the provision of accommodation at the Hostel and the Customer may incur additional charges including, without limitation, charges for meals, room service and wireless internet access (the “Additional Charges”).
3.3 Customers will be informed of the amount of the Additional Charges before they are incurred.
3.4 Bookings will be subject to the Customer:
Making payment of the Charges in full in advance or, at Backyard Mountain Hostel’s option, paying a booking fee and/or deposit; and providing valid Debit or Credit Card details via which payment of the Charges or the balance of the Charges (as the case may be) and any Additional Charges can be taken at check in at the hostel or at the time of booking.
3.5 If not prepaid in full at time of booking the balance of the Charges will be charged automatically by Backyard Mountain Hostel on the morning of the day of arrival, from the card used when making the reservation. Any Additional Charges must be paid either as they are incurred or, at Backyard Mountain Hostel’s option, upon the Customer checking out at the Hostel.
3.6 Backyard Mountain Hostel Hostels reserves the right to pre-authorize credit cards without any written approval from the customer.
3.7 The following payment methods are accepted by Backyard Mountain Hostel
3.7.1 Credit and Debit Cards
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American Express, Diners Club, Visa and Mastercard. Maestro
3.7.2 Cash or Credit or Debit Cards, if the Customer is paying in person at the Hostel.
3.8 The prices agreed include the relevant statutory Value Added Tax (VAT). Should the Value Added Tax be increased by local law Backyard Mountain Hostel will be entitled to adjust the agreed prices accordingly. The same action will apply for an introduction or increase of new taxes and charges in each destination, which are related directly to overnight accommodations and related services. Furthermore Backyard Mountain Hostel shall be entitled to change its prices, should, after conclusion of the contract, the client wish to make changes to the number of rooms reserved, or services provided by Backyard Mountain Hostel for the length of the guests’ stay as long as Backyard Mountain Hostel agrees to such changes.
4. CANCELLATIONS
4.1 -Guest are free to cancel their reservations up until 3 weeks prior to the arrival date.
-After 3 weeks prior to the arrival date 50% of the booking amount will be charged.
-After 1 weeks prior to the arrival date 100% of the booking amount will be charged.
4.2 For group bookings, we ask organisers to either contact our staff or send an email
4.3 Where the Customer has been offered a discounted rate on condition that the Booking becomes non-refundable upon cancellation then, provided the Customer has been informed of such Condition, in the event of cancellation or modification of the Booking, all Charges applicable to that Booking remain payable in full.
4.4 Where the Customer fails to give sufficient notice of cancellation or fails to arrive (no show) at the Hostel, the entire Booking will be deemed cancelled and the Customer must pay the Hostel an amount equivalent to the Charges applicable to the full amount of the stay at the Hostel.
4.5 Backyard Mountain Hostel may at any time cancel a Booking if the Hostel becomes unavailable due to circumstances outside Backyard Mountain Hostel’s control in which case Backyard Mountain Hostel will offer the customer the option to rebook for the future at no additional charge.
4.6 Backyard Mountain Hostel may at any time cancel the Booking if the payment details provided by the Customer in accordance with clause 3.4.2 are invalid and the Customer fails to provide alternative valid details.
5. CHECK IN AND CHECK OUT
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5.1 Check-in time at the Hostel booked is from 1400 hrs. Check-in prior to 1400 hrs. may be available subject to prior arrangement with Backyard Mountain Hostel and subject to the full range of services and facilities at the Hostel not being available until the standard check in time.
5.2 Check-out time at the Hostel booked is 10.00 hrs. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability (In the absence of such prior arrangement, failure to check-out by 10.00 hrs may result in the Customer being charged for an additional night’s accommodation at the standard applicable rate).
6. HOSTEL RULES
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6.1 Valid photo identification in the form of a Driver License or Passport is required at check-in..
6.2 Customers are required to conduct themselves and ensure that their Guests conduct themselves in a reasonable and responsible manner at the Hostel and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Hostel in which event all Charges and Additional Charges shall become immediately payable by the Guest.
6.3 Smoking is not permitted inside the Hostel and only in the designated smoking areas.
6.4 The Customer will be responsible for any loss or damage caused at the Hostel by Guests or visitor of the Guest. The Guest may be liable for Backyard Mountain Hostel’s reasonable cost of repairing, cleaning or replacing any property of Backyard Mountain Hostel which is damaged, soiled or lost by a Guest.
6.5 Our Hostel is animal friendly. Contact the staff before arrival about any animals arriving, and we will give them the best stay possible as well!
6.6 Backyard Mountain Hostel does not accept bookings made by those under the age of 16. If you’re between 16-18 and want to stay in a private room, you’ll need written consent from your parent or guardian. Failure to adhere to this rule will result in automatic Cancellation with no refund given.
7. FOOD AND DRINK
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7.1 Unless otherwise agreed by Backyard Mountain Hostel, the Charges do not include any food or drink.
8. DISABLED GUESTS
8.1 Backyard Mountain Hostel complies with all laws regulating the treatment of, and provision for, disabled Guests.
8.2 Customers with any special requirements pertaining to a disability should inform the management team at the Hostel prior to the Arrival Date.
9. BACKYARD MOUNTAIN HOSTEL’S LIABILITY
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9.1 Nothing in these Conditions purports to limit or exclude the Backyard Mountain Hostel’s liability for:
(a) death or personal injury caused by the negligence of Backyard Mountain Hostel its employees, subcontractors or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for the Hostel to limit or exclude its liability.
9.2 If Backyard Mountain Hostel breaches these Conditions or is negligent, it is responsible for the loss of damage suffered by the Customer that is a foreseeable result of the breach of negligence but are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Backyard Mountain Hostel’s breach of these Conditions or if they were contemplated by Backyard Mountain Hostel and the Customer when they entered into the Contract.
9.3 The Customer agrees that Backyard Mountain Hostel is only supplying its facilities, products and services to the Customer for private use and have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.
10. PERSONAL DATA
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10.1 Backyard Mountain Hostels treatment of Customers data follows the EU General Data Protection Regulation (GDPR).
10.2 The Customer herby consents to Backyard Mountain Hostels collecting of the Customers personal data such as name, surname, email address, social security number, customer number, address, contact information and details of the bank account number and IP number.
10.3 The personal data is used by Backyard Mountain Hostel for the performance of the Contract and for marketing and as a basis for statistics and for Backyard Mountain Hostels product development. Backyard Mountain Hostel has the right to share your personal data with its partners for advertisement and promotion.
10.4 The personal data may be analyzed and grouped for the selection, prioritization and planning of the marketing of Backyard Mountain Hostel, so-called profiling.
10.6 Personal information is disclosed to Austrian authorities only when it is required by law or official order.
11. GENERAL
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11.1 The Customer’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Conditions.
11.2 Backyard Mountain Hostel may transfer its rights and obligations under the Contract to another organisation but will always inform the Customer if this happens and this will not affect the Customer’s rights under the contract.
11.3 Backyard Mountain Hostel will not be liable to the Customer for any failure to perform or delaying in performing its obligations where such failure or delay is due to an event outside Backyard Mountain Hostel’s control (including without limitation, extreme adverse weather, industrial action or natural disaster). If such an event prevents Backyard Mountain Hostel from fulfilling the Booking, either party may cancel the Contract.
11.4 Backyard Mountain Hostel may, from time to time, change these Conditions without notice. However, the version of these Conditions in force at the time of the Booking will continue to apply to the Contract. Customers are advised to check Backyard Mountain Hostel’s website for the latest version of these Conditions before making a Booking.
11.5 Backyard Mountain Hostel complies with its obligations under the Data Protection Act 1998 (the “Act”) in relation to data protection. Backyard Mountain Hostel will process personal data (as defined in the Act) in relation to Customers and Guests solely for the purpose of performing its obligations and exercising its rights in connection with the Contract. Backyard Mountain Hostel will not provide any such personal data to any third parties apart from third parties who provide services to Backyard Mountain Hostel such as the provision of legal advice.
11.6 No failure by Backyard Mountain Hostel to enforce these Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
11.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
11.8 These Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Austria and the court of Austria will have jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with it.
11.9 No person who is not a party to the Contract will have any rights in connection with it.
13. GROUP BOOKINGS
13.1 Booking of 8 people or more will be considered as group bookings.