INFORMATION ON THE LUDWIGHAUS GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1 The General Terms and Conditions (hereinafter referred to as "GTC") summarise the contractual content on the basis of which Ludwighaus - (AT-5741 Neukirchen am Großvenediger Marktstraße 121), hereinafter referred to as "the Service Provider", generally concludes an accommodation contract with its Guests.
1.2 Individual terms and conditions do not form part of these GTC, but do not exclude the conclusion of separate, special agreements with travel agents, tour operators, sometimes with different terms and conditions, appropriate to the particular business.
2. CONTRACTING PARTIES
2.1 The services provided by the Service Provider are used by the Guest. If the order for the services is placed by the Guest directly with the Service Provider, the Guest shall be the Contracting Party. The Service Provider and the Guest together, if the conditions are fulfilled, shall become contracting parties (hereinafter referred to as the Parties).
2.2 If the order for the services is placed by a third party (hereinafter referred to as the Intermediary) on behalf of the Customer, the terms of cooperation shall be governed by the agreement between the Service Provider and the Intermediary.
3. HOW AND UNDER WHAT CONDITIONS TO USE THE SERVICE
3.1 Upon the Guest's oral or written request for an offer, the Service Provider shall provide the Guest with a written or oral offer. If no specific order is received within 72 hours of the offer being communicated, the Service Provider's obligation to make an offer shall cease.
3.2 The Contract shall be deemed to have been concluded only upon written or verbal confirmation of the Guest's written or verbal reservation by the Service Provider, and shall be deemed to be a Contract.
3.3 The Accommodation Service Contract is for a fixed term.
3.4 If the Guest permanently leaves the room before the end of the specified period, the Service Provider is entitled to the full price of the service stipulated in the Contract. The Service Provider is entitled to resell the room vacated before the expiry date.
3.5 The extension of the accommodation service initiated by the Guest requires the prior consent of the Service Provider. In this case, the Service Provider may request reimbursement of the service already provided.
3.6 Guests are required to prove their identity by completing the appropriate registration form prior to booking the room or on the day of arrival in order to use the accommodation service. No one may stay in the accommodation without prior notification.
3.7 Any amendment and/or addition to the Contract shall require the written agreement signed by the Parties.
4. START AND END OF STAY / CHECK-IN; CHECK-OUT/
4.1 The reservation is valid only from the moment the first instalment of 30% of the price is received in our bank account. Upon receipt of this, a confirmation email will be sent and the remaining balance can be paid by cash on arrival at the venue or by bank transfer prior to arrival.
4.2 The Guest has the right to occupy the rented premises from 15:00 on the agreed day. If there is no change on that day, arrival will be handled flexibly.
4.3 The Guest must vacate the room by 10:00 on the day of departure. If there is no change on the same day, departure will be handled flexibly.
5. EXTENSION OF THE STAY
5.1 If the Guest does not vacate the room by 10:00 on the day indicated as the day of departure at the time of check-in and the Service Provider has not agreed to the extension of the stay in advance, the Service Provider is entitled to charge the room price for an additional day and at the same time the Service Provider's service obligation shall cease.
6.
6.1 The current price list of the accommodation can be found on the website (www.sportclubhausamwildkogel.eu) under "Room prices and services".
6.2 The Service Provider may change its advertised prices without prior notice (for example: package prices or other discounts). If the Guest has booked accommodation and this has been confirmed by the Service Provider in writing or orally, the Service Provider may no longer change this accommodation price.
6.3 The Guest can always obtain information on the price of the services from the owner of the accommodation by telephone or e-mail before the services are provided.
7. OFFERS, DISCOUNTS
7.1 Current offers and discounts will be announced on the accommodation website or social media.
7.2 The advertised discounts cannot be combined with any other discounts.
7.3 In the case of reservations of products subject to special conditions, group reservations or events, the Service Provider may establish conditions set out in an individual contract.
8. CANCELLATION CONDITIONS
8.1 Unless otherwise specified in the accommodation offer, the cancellation and amendment conditions are as follows:
8.2 The full amount of the instalment will be refunded by the 30th day before the date of booking. If the cancellation is made 29-15 days before the booking date, we will refund 50% of the amount transferred, and for cancellations made within 14 days before the booking date, we will keep the full deposit.
9. REFUSAL TO PERFORM THE CONTRACT, TERMINATION OF THE SERVICE OBLIGATION
9.1 The Service Provider shall be entitled to terminate the Accommodation Service Contract with immediate effect and thus refuse to provide the services if:
- the Guest makes improper use of the room or facilities provided;
- the Guest has not vacated the room by 11.30 a.m. on the day indicated as the day of departure at check-in and the Service Provider has not agreed to the extension of the stay in advance;
- the Guest behaves in a manner that is inappropriate, rude, abusive, under the influence of alcohol or drugs, threatening, abusive or other unacceptable behaviour towards the security, order or staff of the accommodation;
- the Guest is suffering from a communicable disease;
- the Contracting Party fails to fulfil its obligation to make an advance payment as set out in the Contract by the specified date;
- if the contract between the parties is not fulfilled for reasons of force majeure, the contract is terminated
10. METHOD OF PAYMENT
10.1 The price of the ordered services can be paid on the spot in cash (in HUF or Euro) or by bank transfer.
10.2 Before arrival at the accommodation, the amount of 30% of the room(s) booked must be paid by bank transfer, as only from then on we can guarantee the reservation. The remaining balance can be paid in cash or by bank transfer before arrival.
10.3 For full house bookings only, a deposit of €500 (five hundred euros) is required, which must be paid in cash on arrival. The deposit will be returned automatically on departure if the equipment used is found in good order.
10.4 By accepting the General Terms and Conditions, the Guest acknowledges and agrees that the Service Provider will issue an invoice for the fees payable and the amount paid by the Guest to the Service Provider for any reason.
10.5 The data provided on the registration form (name, address) will be included in the "Customer" section of the invoice. Within 1 day of arrival, the Customer may request a modification of the data provided, after which the modification will no longer be possible.
11. RIGHTS OF THE GUEST
11.1 By concluding the accommodation service contract, the Guest acquires the right to the normal use of the rented premises and the normal use of the facilities of the accommodation establishment made available to the Guests in accordance with the usual and unconditional manner, as well as the right to the normal service during the opening hours as stated in the contract.
11.2 The Guest may lodge a complaint about the performance of the services provided by the Service Provider during the stay at the accommodation. During this period, the Service Provider undertakes to deal with any complaint submitted to it (or recorded by it) with written proof.
12. OBLIGATIONS OF THE GUEST
12.1 Payment of the agreed fee: due by the deadline specified in the confirmation or at the end of the accommodation contract.
12.2 The Service Provider shall not be liable for any damage caused to the vehicles and objects placed in the car park (including, but not limited to: break-in and theft of any object in the vehicle; theft of the vehicle; damage caused by natural phenomena). The Service Provider shall not be liable for valuables left in the rooms.
12.3 The parking area in front of the accommodation is subject to traffic regulations.
12.4 Please dispose of rubbish in the rubbish bins placed in the rooms or on the property. It is not allowed to move furniture from the room or the building.
12.5 The use of tools and equipment in the accommodation is at the guest's own risk.
12.6 Smoking is prohibited in enclosed areas (including guest rooms) and public areas of the accommodation, in accordance with the implementation of Act XLII of 1999 on the Protection of Non-Smokers. The accommodation has posted signs in the areas required by the law to remind the guests of their obligation to comply with the said law. The owner of the accommodation shall have the right to warn guests and any other person on the premises to comply with the law and to cease any unlawful behaviour. Guests and any other person on the premises shall comply with the law and any such warning.
If the operator of the accommodation is fined by the competent authority on the basis of the legislation referred to in this provision due to the unlawful conduct of any guest or other person staying in the accommodation, the operator reserves the right to charge the amount of the fine to the person who committed the unlawful conduct or to demand payment of the fine.
12.7 In case of fire, please inform the reception immediately.
12.8 Guests sharing the use of rooms and common facilities and furnishings of the accommodation are jointly and severally liable for any damage caused by misuse.
12.9 Fireworks and other licensed activities brought by the guest require the written consent of the accommodation and the obtaining of official permits by the guests.
12.10. The Guest shall ensure that any child under 14 years of age under the responsibility of the Guest stays in the Service Provider's accommodation only under the supervision of an adult, and the parent shall be fully liable for any damage caused by the child. The Guest shall be liable for any damage caused by the Service Provider due to the fault of the Guest, the Guest's companion or any other person under the Guest's responsibility.
12.11. The Guest must immediately report any damage to the accommodation and provide the accommodation with all necessary information to clarify the circumstances of the damage, possibly for the purpose of a police report/police procedure.
13. OBLIGATIONS OF THE SERVICE PROVIDER
13.1. to provide accommodation and other services ordered under the contract in accordance with the applicable regulations and service standards.
13.2. investigating the Guest's written complaint and taking the necessary steps to address the problem, recording them in writing.
14. SECURITY OF DATA PROCESSING
14.1. Based on the information provided in the registration form, the guest is subscribed to our newsletter. By subscribing to the Newsletter, the User consents to the processing of the data provided. The Service Provider will process the data until the data subject requests their deletion.
14.2 The User is responsible for the accuracy of the personal data provided.
14.3 The Service Provider shall protect the data in particular against unauthorized access, alteration, transmission, disclosure, deletion or destruction, as well as accidental destruction or damage.
14.4. The personal data provided by the User may only be accessed by the employees of the Data Controller. The Controller shall not disclose personal data to third parties other than the designated persons.
14.5 The Service Provider will not disclose personal data to third parties, except with the prior and express consent of the data subject.
14.6.The User acknowledges that the Service Provider is obliged to disclose personal data to the requesting authority on the basis of a legal authorisation, provided that the legal conditions for such disclosure are met. The User may not raise any objection to the provision of data based on a law, official or court decision.
14.7 For more detailed information on data management, please read our Privacy Statement
15. THE PROVIDER'S LIABILITY FOR DAMAGES
15.1 The Service Provider may designate places in the accommodation area where the Guest is not allowed to enter. The Service Provider shall not be liable for any damage or injury caused to the Guest in such places.
16. CONFIDENTIALITY
16.1 In performing its obligations under the Contract, the Service Provider shall act in accordance with the provisions of the Act on the Protection of Personal Data and the Disclosure of Data of Public Interest.
17. VIS MAJOR
17.1 Any cause or circumstance (e.g. war, fire, flood, adverse weather, power failure, strike) over which a party has no control (force majeure) shall relieve either party from performance of its obligations under the Contract for so long as such cause or circumstance exists.
18. INFORMATION ABOUT VISITORS TO OUR WEBSITE
18.1 The Service Provider does not record the user's IP address or any other personal data when the user visits the website operated by the Service Provider. When visiting the website, the search is freely and anonymously provided. The Service Provider uses anonymous visits to the website solely for statistical purposes, to optimise the website and to increase the security of the system, and the recorded data does not contain any personal data.
18.2 The Service Provider shall treat all data and facts concerning the Users as confidential and shall use them exclusively for its own research and statistics.
18.3.The Service Provider shall not be liable for any of your previous pages that have been deleted but have been archived with the help of Internet search engines. The operator of the search site shall be responsible for their removal.
19. NEWSLETTER
19.1 The Service Provider shall deliver online newsletters and electronic direct marketing messages (hereinafter referred to as the "Newsletter") containing news, information and offers to persons subscribed to the newsletters of the website operated by the Service Provider, up to several times a month.
20. DATA PROTECTION
20.1 The Service Provider attaches great importance to the protection of personal data in its activities. The Service Provider shall handle the personal data provided to it in compliance with the applicable laws, ensure their security, take the technical and organizational measures and establish the procedural rules necessary to comply with the applicable laws.
In the course of the Service Provider's activities, the Service Provider uses the users' data exclusively for the purposes of contracting, billing and its own advertising in accordance with the Data Protection Act.
By entering into an accommodation service contract, you acknowledge that you have read and understood the above terms and conditions and agree to be bound by them. The GTC may be amended at a later date.
LUDWIGHAUS' PRIVACY POLICY
1. GENERAL PROVISIONS
The Ludwighaus AT-5741 Neukirchen am Großvenediger Marktstraße 121, as the operator of the Ludwighaus, ensures in any case the lawfulness and expediency of the processing of personal data processed by it. The aim of this information is to provide our guests who book accommodation and provide their personal data with adequate information about the conditions and guarantees under which their data will be processed by the Ludwighaus and for how long, before they make a reservation or provide their personal data. The Ludwighaus will comply with the information contained in this information in all cases involving the processing of personal data and we consider ourselves bound by the information contained herein.
However, we reserve the right to change what is described in this unilateral declaration, in which case we will inform the data subjects in advance. Please email us if you have any questions about the information contained in this notice. The processing of data in our accommodation activities is based on voluntary consent and in some cases the processing is necessary to take steps at the request of the data subject prior to the conclusion of the contract.
Our data management practices comply with applicable law, in particular:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation, hereinafter "GDPR")
- Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information ("Info. tv.").
The details and contact details of our accommodation are as follows:
Name: LUDWIGHOUSE
Seat: AT-5741 Neukirchen am Großvenediger Marktstraße 121
Community tax number: ATU70176212
Phone number: +36302453873
E-mail: ausztriaisiklub@gmail.com
The following information is provided in relation to each of our data processing activities.
2. DATA PROCESSING IN CONNECTION WITH ONLINE BOOKING
Our property offers online booking to ensure you a quick, convenient and cost-free way to book a room at Ludwighaus.
The controller of the personal data: Ludwighaus AT-5741 Neukirchen am Großvenediger Marktstraße 121
Purpose of the processing: to make booking accommodation easier, cheaper and more efficient.
Legal basis for processing: the prior consent of the person booking the accommodation.
Scope of personal data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: two years after the last day of the booked stay.
Possible consequences of not providing data: there is no contract for the rooms in our accommodation.
Rights of the data subject: the data subject (the person whose personal data are processed by our accommodation)
- may request access to personal data concerning him or her,
- request that they be corrected,
- request their deletion,
- may request, under the conditions set out in Article 18 of the GDPR, the restriction of the processing of personal data (i.e. that our accommodation does not delete or destroy the data until requested by a court or public authority, but for a maximum period of thirty days, and that it does not process the data for any other purpose beyond that period),
- object to the processing of personal data,
- may exercise their right to data portability. Under the latter right, the data subject has the right to receive personal data concerning him or her in Word or Excel format and the right to have those data transmitted to another controller upon request.
Other information about data management: Our accommodation will take all necessary technical and organizational measures to avoid a possible data breach (e.g. damage, loss, unauthorized access to files containing personal data). In the event of an incident, we will keep records to verify the necessary measures and to inform the data subject, including the scope of the personal data concerned, the number and type of data subjects affected by the incident, the date, circumstances and effects of the incident and the measures taken to remedy it, as well as other data required by the law governing the processing.
3. DATA PROCESSING IN CONNECTION WITH THE REQUEST FOR PROPOSAL
Our accommodation offers the possibility to request an offer electronically. The offer is made by an automated system, subject to availability.
The controller of the personal data: Ludwighaus AT-5741 Neukirchen am Großvenediger Marktstraße 121
Purpose of the processing: prior information on accommodation prices
Legal basis for processing: the prior consent of the person booking the accommodation, Article 6(1)(a) GDPR, or processing necessary to take steps at the request of the data subject prior to the conclusion of the contract, Article 6(1)(b) GDPR
Scope of personal data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: two years after the last day of the booked stay.
Possible consequences of not providing data: The accommodation cannot make an offer.
Rights of the data subject: the data subject (the person whose personal data are processed by our accommodation)
- may request access to personal data concerning him or her,
- request that they be corrected,
- request their deletion,
- may request, under the conditions set out in Article 18 of the GDPR, the restriction of the processing of personal data (i.e. that our accommodation does not delete or destroy the data until requested by a court or public authority, but for a maximum period of thirty days, and that it does not process the data for any other purpose beyond that period),
- object to the processing of personal data,
- may exercise their right to data portability. Under the latter right, the data subject has the right to receive personal data concerning him or her in Word or Excel format and the right to have those data transmitted to another controller upon request.
Other information about data management: Our accommodation will take all necessary technical and organizational measures to avoid a possible data breach (e.g. damage, loss, unauthorized access to files containing personal data). In the event of an incident, we will keep records to verify the necessary measures and to inform the data subject, including the scope of the personal data concerned, the number and type of data subjects affected by the incident, the date, circumstances and effects of the incident and the measures taken to remedy it, as well as other data required by the law governing the processing.
4. DATA PROCESSING RELATED TO NEWSLETTER SUBSCRIPTIONS
Our accommodation keeps in touch with its guests through a newsletter, offering its services, informing them about news and promotions related to its operation.
The controller of the personal data: Ludwighaus AT-5741 Neukirchen am Großvenediger Marktstraße 121
Purpose of the processing: liaising with potential hotel guests
Legal basis for processing: consent of the data subject - Article 6(1)(a) GDPR.
Indication of legitimate interest: maintaining and developing business relations with guests staying at the accommodation
Scope of personal data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: Our accommodation will process e-mail addresses until you unsubscribe from the newsletter.
Possible consequences of not providing data: You will not receive any newsletter from our accommodation.
Rights of the data subject: the data subject (the person whose personal data are processed by our accommodation)
- may request access to personal data concerning him or her,
- request that they be corrected,
- request their deletion,
- may request, under the conditions set out in Article 18 of the GDPR, the restriction of the processing of personal data (i.e. that our accommodation does not delete or destroy the data until requested by a court or public authority, but for a maximum period of thirty days, and that it does not process the data for any other purpose beyond that period),
- object to the processing of personal data,
- may exercise their right to data portability. Under the latter right, the data subject has the right to receive personal data concerning him or her in Word or Excel format and the right to have those data transmitted to another controller upon request.
You can unsubscribe from the newsletter at any time by clicking on the unsubscribe icon in the newsletter. In this case, your e-mail address will be immediately deleted from our database.
Other information about data management: Our accommodation will take all necessary technical and organizational measures to avoid a possible data breach (e.g. damage, loss, unauthorized access to files containing personal data). In the event of an incident, we will keep records to verify the necessary measures and to inform the data subject, including the scope of the personal data concerned, the number and type of data subjects affected by the incident, the date, circumstances and effects of the incident and the measures taken to remedy it, as well as other data required by the law governing the processing.
5. PERSONAL DATA PROCESSING RELATED TO SATISFACTION MEASUREMENT
As a hotel, our aim is to provide our guests with a high standard of service, so we constantly ask for feedback from our guests about their experience during their stay.
The controller of the personal data: Ludwighaus AT-5741 Neukirchen am Großvenediger Marktstraße 121
Purpose of the processing: soliciting feedback from our guests to further develop and improve our services.
Legal basis for processing: legitimate interest of the accommodation operator- Article 6(1)(f) GDPR.
Indication of legitimate interest: our accommodation has a legitimate interest in receiving feedback to help us improve our services.
Scope of personal data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: two years after the last day of the booked stay.
Possible consequences of not providing data: The person concerned will not receive a satisfaction questionnaire from our accommodation.
Rights of the data subject: the data subject (the person whose personal data are processed by our accommodation)
- may request access to personal data concerning him or her,
- request that they be corrected,
- request their deletion,
- may request, under the conditions set out in Article 18 of the GDPR, the restriction of the processing of personal data (i.e. that our accommodation does not delete or destroy the data until requested by a court or public authority, but for a maximum period of thirty days, and that it does not process the data for any other purpose beyond that period),
- object to the processing of personal data,
- may exercise their right to data portability. Under the latter right, the data subject has the right to receive personal data concerning him or her in Word or Excel format and the right to have those data transmitted to another controller upon request.
Other information about data management: Our accommodation will take all necessary technical and organizational measures to avoid a possible data breach (e.g. damage, loss, unauthorized access to files containing personal data). In the event of an incident, we will keep records to verify the necessary measures and to inform the data subject, including the scope of the personal data concerned, the number and type of data subjects affected by the incident, the date, circumstances and effects of the incident and the measures taken to remedy it, as well as other data required by the law governing the processing.
6. COOKIE MANAGEMENT
The Data Controller places a small data package, a cookie, on the user's computer and reads it back during a subsequent visit in order to provide a personalised service. When the browser returns a previously saved cookie, the cookie management service provider has the possibility to link the user's current visit to previous visits, but only in relation to its own content.
Purpose of the processing: identifying, tracking and differentiating users, identifying users' current session, storing the data they provide, preventing data loss, web analytics measurements, personalised service.
Legal basis for processing: the data subject's consent.
Scope of the data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: maximum 90 days
Further information on data management: You can delete the cookie from your computer or disable the use of cookies in your browser. You can usually manage cookies by going to the Tools/Preferences menu of your browser and selecting Privacy/Preferences/Custom Settings, and then selecting the cookie, cookie or tracking option.
Possible consequences of not providing data: the impossibility to use the service for the services described in points 2 to 5 above.
7. WEBSITE SERVER LOGGING
When you visit a website, the web server automatically logs the user's activity.
Purpose of the processing: during the visit of the website, the service provider records the visitor's data in order to monitor the operation of the services and to prevent abuse.
Legal basis for processing: Article 6(1)(f) of the GDPR. Our accommodation has a legitimate interest in the secure operation of the website.
Type of personal data processed: first and last name; address (postcode, city, street, house number); mobile phone number; e-mail address; ID card number; number of people staying; length of stay; language)
Duration of processing: maximum 90 days.
More information: Our accommodation does not link the data obtained from the analysis of log files with other information and does not attempt to identify the user. The address of the pages visited and the date and time data are not in themselves suitable for identifying the data subject, but when combined with other data (e.g. data provided during registration) they can be used to draw conclusions about the user.
Logging-related data management by external service providers: The html code of the portal contains links from and to an external server independent of our host. The server of the external provider is directly connected to the user's computer. Please be aware that the providers of these links may collect user data (e.g. IP address, browser, operating system data, mouse cursor movement, visited page title and time of visit) due to the direct connection to their server, direct communication with the user's browser. An IP address is a sequence of numbers that uniquely identifies the computers or mobile devices of users accessing the Internet.
IP addresses can even be used to geolocate the visitor using a particular computer. The address of the pages visited, as well as the date and time of the visit, are not in themselves suitable for identifying the data subject, but when combined with other data (e.g. data provided during registration) they can be used to draw conclusions about the user.
8. OTHER DATA PROCESSING
We will provide information on data processing not listed in this notice at the time of collection. We inform our customers that certain authorities, public bodies and courts may contact our hotel for the purpose of disclosing personal data. Our hotel will disclose personal data to these bodies only to the extent and to the extent strictly necessary for the purpose of the request and to the extent that the execution of the request is required by law, provided that the body concerned has indicated the exact purpose and scope of the data.
9. THE WAY PERSONAL DATA ARE STORED AND THE SECURITY OF PROCESSING
Our hotel's computer systems and other data storage facilities are located at the headquarters and on servers rented from the data processor. Our accommodation selects and operates the IT tools used to process personal data in the course of providing the service in such a way that the data processed:
- accessible to authorised persons (availability);
- authenticity and verification (authenticity of processing);
- can be verified to be unchanged (data integrity);
- be protected against unauthorised access (data confidentiality).
We take particular care to ensure data security, and we take the technical and organisational measures and establish the procedural rules necessary to enforce the guarantees under the GDPR. In particular, we take appropriate measures to protect the data against unauthorised access, alteration, disclosure, disclosure, erasure or destruction, accidental destruction or accidental damage, and against inaccessibility resulting from changes in the technology used.
Our hotel's IT system and network are protected against computer fraud, computer viruses, computer intrusions and denial of service attacks. The operator ensures security through both server-level and application-level protection procedures. Daily data backup is provided. To avoid data breaches, our accommodation takes all possible measures, and in the event of such an incident, we take immediate action to minimise the risks and repair the damage, in accordance with our incident management policy.
10. DATA SUBJECTS' RIGHTS, REMEDIES
The data subject may request information on the processing of his or her personal data, and may request the rectification, erasure or withdrawal of his or her personal data, except for mandatory data processing, and may exercise his or her right to data portability and objection in the manner indicated when the data were collected, or by contacting the controller at the above contact details.
At the data subject's request, we will provide the information in electronic form without delay, but no later than 30 days, in accordance with our applicable policies. We will comply with data subjects' requests to exercise the rights set out below free of charge.
Right to information:
Our accommodation shall take appropriate measures to provide data subjects with all the information on the processing of personal data referred to in Articles 13 and 14 of the GDPR and each of the notifications referred to in Articles 15 to 22 and 34 in a concise, transparent, intelligible and easily accessible form, in a clear and plain language, but also in a precise manner.
The right to information may be exercised in writing, using the contact details provided in point 1. The data subject may also be provided with information orally at his or her request, after verification of his or her identity. We inform our customers that if our accommodation staff has doubts about the identity of the data subject, we may ask for the information necessary to confirm the identity of the data subject.
The right of access of the data subject:
The data subject has the right to receive feedback from the controller on whether his or her personal data are being processed. Where personal data are being processed, the data subject has the right to access the personal data and the following information listed below.
- Purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom or with whom the personal data have been or will be disclosed, including in particular recipients in third countries (outside the European Union) or international organisations;
- the intended duration of the storage of the personal data;
- the right to rectification, erasure or restriction of processing and the right to object;
- the right to lodge a complaint with a supervisory authority;
- information on the data sources; the fact of automated decision-making, including profiling, and the logic used and clear information on the significance of such processing and its likely consequences for the data subject.
In addition to the above, where personal data are transferred to a third country or an international organisation, the data subject is entitled to be informed of the appropriate safeguards for the transfer.
Right of rectification:
Under this right, any person may request the rectification of inaccurate personal data relating to him or her processed by our accommodation and the completion of incomplete data.
Right to erasure:
The data subject shall have the right to have personal data relating to him or her erased without undue delay at his or her request if one of the following grounds applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing;
- the data subject objects to the processing and there are no overriding legitimate grounds for the processing;
- unlawful processing of personal data can be established;
- the personal data must be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject;
- personal data are collected in connection with the provision of information society services.
The erasure of data cannot be initiated if the processing is necessary for the following purposes:
- to exercise the right to freedom of expression and information;
- for the purposes of complying with an obligation under Union or Member State law to which the controller is subject to which the processing of personal data is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for archiving, scientific and historical research purposes or statistical purposes in the field of public health, or on grounds of public interest;
- or to bring, enforce or defend legal claims.
Right to restriction of processing:
We restrict processing at the request of the data subject in the circumstances set out in Article 18 of the GDPR, i.e. if:
- the data subject contests the accuracy of the personal data, in which case the restriction applies for a period of time which allows the accuracy of the personal data to be verified;
- the processing is unlawful and the data subject opposes the erasure of the data and requests instead that its use be restricted
- the controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise or defence of legal claims; or
- the data subject has objected to the processing; in this case, the restriction applies for the period until it is established whether the legitimate grounds of the controller override those of the data subject.
Where processing is restricted, personal data, other than storage, may be processed only with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or of an important public interest of the European Union or of a Member State. The data subject shall be informed in advance of the lifting of the restriction on processing.
Right to data retention:
The data subject has the right to receive personal data relating to him or her which he or she has provided to the controller in a structured, commonly used, machine-readable format and to transmit such data to another controller. Our accommodation may provide such a request in word or excel format.
Right to object:
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such purposes, including profiling, where it is related to direct marketing. In the event of an objection to the processing of personal data for direct marketing purposes, the data shall not be processed for those purposes.
Automated decision-making on individual cases, including profiling:
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. The above right shall not apply where the processing
- necessary for the conclusion or performance of a contract between the data subject and the controller;
- is permitted by Union or Member State law applicable to the controller, which safeguards the rights and freedoms and legitimate interests of the data subject
- also establish appropriate measures to protect; or
- is based on the explicit consent of the data subject.
Right of withdrawal:
The data subject has the right to withdraw his or her consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal.
Rules of Procedure:
Without undue delay and in any event within one month of receipt of the request, the controller shall inform the data subject of the action taken on the request pursuant to Articles 15 to 22 of the GDPR. Where necessary, taking into account the complexity of the request and the number of requests, this period may be extended by a further two months. The controller shall inform the data subject of the extension, stating the reasons for the delay, within one month of receipt of the request.
If the data subject has made the request by electronic means, the information will be provided by electronic means unless the data subject requests otherwise.
If the controller fails to act on the data subject's request, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for the failure to act and of the right to lodge a complaint with the supervisory authority and to seek judicial remedy.
The controller shall inform each recipient to whom or with which the personal data have been disclosed of any rectification, erasure or restriction of processing that it has carried out, unless this proves impossible or involves a disproportionate effort. The controller shall inform the data subject, at his or her request, of these recipients.
Compensation and damages:
Any person who has suffered pecuniary or non-pecuniary damage as a result of a breach of the Data Protection Regulation shall be entitled to receive compensation from the controller or processor for the damage suffered. A processor shall be liable for damage caused by processing only if it has failed to comply with the obligations expressly imposed on processors by law or if it has disregarded or acted contrary to lawful instructions from the controller. Where more than one controller or more than one processor, or both controller and processor, are involved in the same processing and are liable for the damage caused by the processing, each controller or processor shall be jointly and severally liable for the total damage.
The controller or processor shall be exempt from liability if it proves that it is not in any way responsible for the event giving rise to the damage.
Right to apply to the courts and data protection authority procedure:
The data subject may take the controller to court if his or her rights are infringed. The court shall rule on the case out of turn.
You can lodge a complaint with the Austrian Data Protection Authority.
Address of the Authority: Barichgasse 40-42 A-Österreich - 1030 Wien
Telephone: + 43 1 52 152-0
E-mail: dsb@dsb.gv.at
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