GENERAL TERMS AND CONDITIONS 


Version of 01.07.2020

Table of contents
§ 1 Scope of application    
§ 2 Definitions of terms    
§ 3 Conclusion of contract - down payment    
§ 4 Beginning and end of accommodation    
§ 5 Withdrawal from the accommodation contract - cancellation fee    
§ 6 Provision of substitute accommodation    
§ 7 Rights of the contracting party    
§ 8 Obligations of the contractual partner    
§ 9 Rights of the accommodation provider    
§ 10 Obligations of the Accommodation Provider    
§ 11 Liability of the accommodation provider for damage to items brought in    
§ 12 Limitations of liability    
§ 13 Animal husbandry    
§ 14 Extension of accommodation    
§ 15 Termination of the Accommodation Agreement - Premature Termination    
§ 16 Illness or death of the guest in the accommodation contract    
§ 17 Place of performance, place of jurisdiction and choice of law    
§ 18 Miscellaneous    


§ 1 Scope of application

1.1 These General Terms and Conditions apply to hotel accommodation contracts as well as to all other services and deliveries provided by the Hotel to the Guest.

1.2 Deviating provisions, including those contained in the General Terms and Conditions of the Guest or the Ordering Party, shall not apply unless expressly accepted by the Hotel in writing.

§ 2 Definitions of Terms and Conditions

2.1 Definitions of terms:

"Proprietor": Is a natural or legal person
Person who accommodates guests against payment.

"Guest": is a natural person who uses accommodation. As a rule, the guest is also the contractual partner. Persons who travel with the contractual partner (e.g. family members, friends, etc.) are also considered guests.

"Contractual Partner": is a natural or legal person in Switzerland or abroad who concludes an Accommodation Agreement as a Guest or for a Guest.

"Consumer" and
"Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

"Accommodation contract":    Is the contract between the accommodation provider and
the contractual partner, the content of which is regulated in more detail below.


§ 3 Conclusion of contract - down payment

3.1 The Accommodation Agreement shall come into effect upon the Proprietor's acceptance of the Party's order. Electronic declarations shall be deemed received if the party for whom they are intended can call them up under normal circumstances and they are received during the notified business hours of the Proprietor.

3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement on condition that the Party shall make a down payment. In this case, the Proprietor shall be obliged to notify the Party of the required advance payment before accepting the Party's written or oral order. If the Party declares its agreement to the down payment (in writing or verbally), the Accommodation Agreement shall come into effect upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.

3.3 The Party shall be obliged to pay the advance payment no later than 7 days (receipt) before the date of accommodation. The costs for the financial transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards the respective conditions of the card companies apply.

3.4 The down payment is a partial payment on the agreed fee.


§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers another reference time, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date ("Arrival Date").

4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shall count as the first night of accommodation.

4.3 The rented rooms must be vacated by the contractual partner on the day of departure by
10.00 a.m. to be cleared. The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated in time.

§ 5 Withdrawal from the Accommodation Agreement - Cancellation Fee Withdrawal by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and the down payment was not made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.

5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to provide accommodation unless a later time of arrival has been agreed.

5.3 If the Party has paid a deposit (see 3.3), however, the rooms shall remain reserved until 10.00 a.m. of the day following the agreed date of arrival at the latest. In the event of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.

5.4 The Proprietor may terminate the Accommodation Agreement by unilateral declaration by the Proprietor for objectively justified reasons at least 3 months before the agreed date of arrival of the Party, unless otherwise agreed.

Withdrawal by the Party - Cancellation fee

5.5 Up to 3 months before the agreed date of arrival of the Guest at the latest, the Accommodation Agreement may be dissolved by the Party by means of a unilateral declaration by the Party without payment of a cancellation fee.

5.6 Outside the period of time specified in § 5.5., a withdrawal by unilateral declaration of the contractual partner is only possible with the payment of the following cancellation fees:

- until 2 days before the day of arrival (23.59h) 0% of the total booking price (free cancellation);

- in case of later cancellation the costs of the first night will be charged;

- in case of unjustified absence of the contractual partner, the costs of the first night will be charged and the room will be released the next day at 10 a.m.

Cancellation up to 2 days before the reservation (23.59 hrs) - no cancellation fees

In case of later cancellation (1 day before booking & booking day) - cost for the first night

Obstructions to arrival

5.7 If the Party is unable to appear at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.

5.8 The obligation to pay the fee for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.


§ 6 Provision of substitute accommodation

6.1 The Proprietor may provide the Party and/or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially if the difference is minor and objectively justified.

6.2 An objective justification shall be deemed to exist, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures require this step.

6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.


§ 7 Rights of the Party

7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are accessible to the guests in the usual manner and without special conditions, and to the usual service. The contractual partner must exercise its rights in accordance with any hotel and/or guest guidelines (house rules).


§ 8 Obligations of the contractual partner

8.1 The contractual partner shall be obliged to pay the agreed fee plus any additional sums which may have arisen due to the separate use of services by him and/or the guests accompanying him plus statutory value added tax at the latest at the time of check-in.

8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, they shall be accepted in payment at the current exchange rate, if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The Party shall be liable to the Proprietor for any damage caused by the Proprietor or the Guest or any other person who, with the knowledge or consent of the Party, receives services from the Proprietor.


§ 9 Rights of the Proprietor

9.1 If the Party refuses to pay the agreed remuneration or is in arrears with the agreed remuneration, the Proprietor shall have the legal right of retention in accordance with § 970c of the Austrian Civil Code (ABGB) and the legal right of lien in accordance with § 1101 of the Austrian Civil Code (ABGB) to the items brought by the Party or the Guest. Furthermore, the Proprietor shall be entitled to this right of retention or lien to secure its claims arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for possible claims for damages of any kind.

9.2 If the service is required in the Party's room or at unusual times of day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this extra charge shall be indicated on the room rate board. The Proprietor may also refuse these services for operational reasons.

9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.

§ 10 Obligations of the Proprietor

10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.

10.2 Special services of the Proprietor that are subject to identification and are not included in the Accommodation Fee shall be exemplary:

a) Special services of the Proprietor that may be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium, garage, etc;
b) a reduced price is charged for the provision of additional beds or cribs for children.


§ 11 Liability of the accommodation provider for damage to items brought in

11.1 The Proprietor shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or brought to a place instructed or designated by them. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its people as well as the persons going in and out. The Proprietor shall be liable in accordance with § 970 Para. 1 ABGB (Austrian Civil Code) at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their things at a special place of storage, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. A fault of the contractual partner or guest shall be taken into account.

11.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of the fault. Consequential or indirect damage as well as loss of profits shall not be compensated under any circumstances.

11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their condition or if the damage was caused by itself or one of its staff. The limitation of liability according to 12.1 and 12.2 applies accordingly.

11.4 The Proprietor may refuse to store valuables, money and securities if such items are considerably more valuable than the items usually given in safekeeping by guests of the accommodating establishment concerned.

11.5 Liability shall be excluded in any case of storage assumed if the Party and/or Guest fails to notify the Proprietor immediately upon becoming aware of the damage. Furthermore, such claims shall be asserted in court within three years from the time of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall expire.


§ 12 Limitation of liability

12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, except for personal injury.

12.2 If the Party is an Entrepreneur, the Proprietor shall not be liable for slight or gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. No compensation shall be made for consequential, immaterial or indirect damage or loss of profit. The damage to be compensated shall in any case be limited to the amount of the interest in confidence.


§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if applicable, for a special remuneration.

13.2 The Party taking an animal with it shall be obliged to properly keep or supervise such animal during its stay or to have it kept or supervised by a suitable third party at its own expense.

13.3 The contractual partner or guest who takes an animal with him must have a corresponding animal liability insurance or a private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request of the Proprietor.

13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation to be paid by the Proprietor to third parties by the Proprietor.

13.5 Animals shall not be allowed to stay in the lounges, public rooms, restaurant rooms and wellness areas.


§ 14 Extension of the Accommodation

14.1 The contractual partner shall not be entitled to have his stay extended. If the Party announces its wish to extend its stay in time, the Proprietor may agree to an extension of the Accommodation Agreement. The Proprietor shall not be obliged to do so.

14.2 If the Party cannot leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of such impossibility of departure. A reduction of the remuneration for this period is only possible if the contractual partner cannot use the services offered by the accommodation company in full due to the exceptional weather conditions. The hotelier is entitled to charge at least the fee that corresponds to the price usually charged in the low season.


§ 15 Termination of the Accommodation Contract - Premature Termination

15.1 If the Accommodation Agreement was concluded for a specific period of time, it shall end upon expiry of that period.

15.2 If the Party leaves prematurely, the Proprietor shall be entitled to claim the full agreed remuneration. The Proprietor shall deduct what it saves by not using its services or what it has received by renting the rooms ordered elsewhere. A saving is only given if the accommodation facility is fully occupied at the time of non-utilization of the rooms ordered by the guest and the rooms can be rented to further guests due to the cancellation of the contractual partner. The burden of proof of savings is borne by the contractual partner.

15.3 The Agreement with the Proprietor shall end upon the death of a Guest.

15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement by 10.00 a.m. of the third day before the intended end of the Agreement.

15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the Guest

a) makes a considerably disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour towards the other guests, the owner, his people or third parties living in the accommodation establishment, suffers the loss of the cohabitation or is guilty of an act against property, morality or physical safety towards these persons which is threatened with punishment
b) is afflicted by a contagious disease or a disease which extends beyond the period of accommodation, is infected or otherwise becomes in need of care;
c) fails to pay the presented invoices when due within a reasonably set period (3 days).

15.6 If the fulfilment of the contract becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving notice, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide lodging. Any claims for damages etc. of the Party to the Agreement are excluded.


§ 16 Illness or death of the guest

16.1 If a Guest falls ill during their stay at the accommodating establishment, the Proprietor shall provide medical care at the request of the Guest. If there is imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.

16.2 As long as the Guest is unable to make decisions or the relatives of the Guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the Guest. However, the scope of such care shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of illness.

16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:

a) outstanding medical expenses, costs for ambulance transport, drugs and medical aids
b) necessary room disinfection,
c) linen, bed linen and bedding that has become unusable, other- if for disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,
e) Room rent, if the room was used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
f) any other damages that the accommodation provider may incur.


§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance is the place where the accommodating establishment is located.

17.2 This Agreement shall be governed by Austrian formal and substantive law, excluding the rules of private international law (especially IPRG and EVÜ) and UN sales law.

17.3 The Proprietor's registered office shall be the exclusive place of jurisdiction for bilateral business, whereby the Proprietor shall also be entitled to assert its rights at any other local court with jurisdiction over the subject matter.

17.4 If the Accommodation Agreement was concluded with a Party that is a Consumer and has its domicile or habitual residence in Austria, legal action against the Consumer may only be brought at the Consumer's domicile, habitual residence or place of employment.

17.5 If the Accommodation Agreement has been concluded with a Party that is a consumer and has its domicile in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, the court that is locally and factually competent for the consumer's domicile shall have exclusive jurisdiction for legal actions against the consumer.

§ Article 18 Miscellaneous

18.1 Unless otherwise provided for in the above provisions, the period shall begin to run upon delivery of the document ordering the period to the contracting parties, who shall observe the period. If a period of time is calculated in days, the day on which the time or event according to which the period of time is to begin shall not be counted. Periods determined by weeks or months shall refer to that day of the week or month which by its designation or number corresponds to the day of which the period is to be counted. If this day is missing in the month, the last day in this month shall be decisive.

18.2 Declarations must be received by the other contracting party on the last day of the period (24.00 hrs).

18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to offset any of its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Proprietor has been adjudicated or accepted by the Proprietor.

18.4 In the event of any loopholes, the relevant statutory provisions shall apply.