General terms and conditions

Last updated: October 2026

1. Scope

These terms apply to all services that Gustaffo digital service GmbH, Lindengasse 56/18-19, 1070 Vienna (“Gustaffo”), provides to its customers. Our services are offered to businesses only, not to consumers. Terms of the customer apply only if Gustaffo has agreed to them in writing. Where an individual agreement or offer differs from these terms, the individual agreement takes precedence.

2. Contract

Our offers are non-binding. A contract is concluded when the customer accepts a written offer or order confirmation from Gustaffo, or when Gustaffo starts providing the service.

3. Services

Gustaffo provides software as a service for hotels and hospitality businesses. The scope of the services, the modules included and any setup work are described in the offer. Gustaffo may develop its services further, provided the agreed core functions remain available. Short interruptions for maintenance are announced in advance where possible; the current status is shown at status.gustaffo.com.

4. Customer obligations

The customer keeps access data confidential, uses the services only lawfully and in line with the agreement, and is responsible for the content and data it enters. Where the customer processes personal data of its guests through Gustaffo, the customer is the controller under data protection law, and the parties conclude a data processing agreement (Art. 28 GDPR).

5. Fees and payment

Fees, billing periods and payment terms are set out in the offer. All prices are net, plus VAT. Gustaffo may suspend the services if payments are significantly overdue, after a written reminder.

6. Rights of use

For the term of the contract, the customer receives a non-exclusive, non-transferable right to use the services for its own business. All rights to the software remain with Gustaffo. The customer keeps all rights to the data it enters and can export it before the contract ends.

7. Confidentiality

Both parties keep confidential all business information of the other party that they receive in connection with the contract, also after it ends.

8. Warranty and liability

Gustaffo provides the services with professional care. Defects reported by the customer are fixed within a reasonable time. Gustaffo is liable for intent and gross negligence. Liability for slight negligence, for lost profit, indirect and consequential damage and lost data is excluded, except for personal injury. Liability for slight negligence that cannot be excluded is limited to the fees paid by the customer in the twelve months before the damage occurred.

9. Term and termination

The minimum term and notice periods are set out in the offer. If nothing is agreed, either party can terminate the contract with three months’ notice to the end of a calendar quarter. The right to terminate for good cause remains unaffected.

10. Changes to these terms

Gustaffo may change these terms for good reason. Changes are sent to the customer in writing at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; Gustaffo will point this out when announcing the change.

11. Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, Austria. If any provision is invalid, the remaining provisions stay in force.