GENERAL TERMS AND CONDITIONS
Scope of Application
These General Terms and Conditions (GTC) do not exclude special agreements.
Definitions
Accommodation Provider: A natural or legal person who accommodates guests for a fee.
Guest: A natural person who makes use of accommodation. The guest is usually also the contractual partner. Persons traveling with the contractual partner (e.g., family members, friends, etc.) are also considered guests.
Contractual Partner: A natural or legal person, either domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.
Accommodation Contract: The contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.
Conclusion of Contract – Advance Payment
The accommodation contract is established when the accommodation provider accepts the contractual partner's booking. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and during the announced business hours of the accommodation provider.
The accommodation provider is entitled to conclude the accommodation contract under the condition that the contractual partner makes an advance payment. In this case, the accommodation provider must inform the contractual partner of the required advance payment before accepting the written or verbal booking. If the contractual partner agrees to the advance payment (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent regarding the payment of the advance payment by the accommodation provider.
The contractual partner must pay the advance payment no later than 7 days (received) before the accommodation period begins. The costs of the money transaction (e.g., transfer fees) are borne by the contractual partner. The respective conditions of credit and debit card companies apply.
The advance payment is a partial payment towards the agreed fee.
Start and End of Accommodation
The contractual partner has the right to occupy the rented rooms from 4:00 PM on the agreed day ("arrival day"), unless the accommodation provider offers a different check-in time.
If a room is used for the first time before 6:00 AM, the previous night is counted as the first overnight stay.
The rented rooms must be vacated by the contractual partner by 10:00 AM on the departure day. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
Withdrawal from the Accommodation Contract – Cancellation Fee
If the accommodation contract requires an advance payment and the contractual partner has not made the payment on time, the accommodation provider may withdraw from the contract without granting an additional grace period.
If the guest does not arrive by 9:00 PM on the agreed arrival day, there is no obligation to accommodate them, unless a later arrival time has been agreed upon.
If the contractual partner has made an advance payment, the rooms remain reserved until 10:00 AM the following day after the agreed arrival date.
If an advance payment has been made for more than four days, the accommodation obligation ends at 9:00 PM on the fourth day, counting the arrival day as the first day, unless the guest announces a later arrival date.
The accommodation provider may terminate the accommodation contract unilaterally for objectively justified reasons up to two months before the agreed arrival date, unless otherwise agreed.
Withdrawal by the Contractual Partner – Cancellation Fee
The contractual partner may terminate the accommodation contract unilaterally without paying a cancellation fee up to one month before the agreed arrival date.
Outside this period, a unilateral withdrawal by the contractual partner is only possible upon payment of the following cancellation fees:
Until 30 days before the arrival date: 0% of the total arrangement price;
Within 30 days before the arrival date: 100% of the total arrangement price minus the cleaning fee.
Rights of the Contractual Partner
By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to guests without special conditions, and the customary service. The contractual partner must exercise their rights in accordance with any hotel and/or guest regulations (house rules).
Obligations of the Contractual Partner
The contractual partner is obliged to pay the agreed fee plus any additional amounts due to special services utilized by them and/or accompanying guests, including statutory VAT, no later than at the time of departure.
The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the daily exchange rate, if feasible. If the accommodation provider accepts foreign currencies or cashless payment methods, the contractual partner bears all associated costs, such as inquiries with credit card companies, telegrams, etc.
The contractual partner is liable to the accommodation provider for any damage caused by them, the guest, or other persons who accept the services of the accommodation provider with their knowledge or will.
Rights of the Accommodation Provider
If the contractual partner refuses to pay the agreed fee or is in arrears, the accommodation provider is entitled to the statutory right of retention according to § 970c ABGB and the statutory lien under § 1101 ABGB on the items brought in by the contractual partner or guest. This right serves as security for claims arising from the accommodation contract, particularly for food, other expenses incurred on behalf of the contractual partner, and any compensation claims of any kind.
If room service is requested in the contractual partner's room or at unusual times (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge a special fee. This fee must be listed on the room price board. The accommodation provider may refuse these services for operational reasons.
The accommodation provider has the right to issue invoices or interim invoices at any time.
Liability of the Accommodation Provider for Items Brought In
The accommodation provider is liable for items brought in by the contractual partner in accordance with §§ 970 ff ABGB. The liability exists only if the items were handed over to the accommodation provider or their authorized personnel or placed in a designated storage location. If the accommodation provider cannot prove otherwise, they are liable for their own fault and that of their employees as well as incoming and outgoing persons.
The accommodation provider’s liability is limited to the amount set forth in the Federal Law of November 16, 1921, concerning the liability of innkeepers and other entrepreneurs in its current version. If the contractual partner or guest fails to comply with the accommodation provider’s request to store items in a special storage location, the accommodation provider is released from any liability.
For valuables, money, and securities, the accommodation provider is liable only up to an amount of €550. The accommodation provider is liable for damage exceeding this amount only if they were aware of the nature of the items upon accepting them for safekeeping or if the damage was caused by themselves or their employees.
Set-Off Rights
The accommodation provider is entitled to offset claims against the contractual partner’s claims. The contractual partner is not entitled to offset their claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contractual partner's claim has been legally determined or acknowledged by the accommodation provider.
Keeping animals
Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and for a special fee.
The contractual partner who brings an animal with them is obliged to properly keep and supervise this animal during their stay or to have it kept and supervised by suitable third parties at their own expense.
The contractual partner or guest who brings an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the appropriate insurance must be provided upon request by the accommodation provider.
The contractual partner or their insurer are jointly and severally liable to the accommodation provider for any damage caused by animals brought with them. The damage also includes in particular any compensation provided by the accommodation provider that the accommodation provider must provide to third parties.
Animals are not permitted in the common rooms.
Extension of accommodation
The contracting party has no right to have their stay extended. If the contracting party announces their wish to extend their stay in good time, the accommodation provider can agree to extend the accommodation contract. The accommodation provider is not obliged to do so.
If the contracting party cannot leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation facility due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the low season.
Termination of the accommodation contract - early termination
If the accommodation contract was concluded for a specific period of time, it ends when the period expires.
If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what it has saved as a result of the non-use of its range of services or what it has received by renting the booked rooms to someone else. Savings only exist if the accommodation facility is fully booked at the time the rooms booked by the guest are not used and the rooms can be rented to other guests due to the contractual partner's cancellation. The burden of proof of savings lies with the contractual partner.
The death of a guest ends the contract with the accommodation provider.
If the accommodation contract was concluded for an indefinite period of time, the contractual parties can terminate the contract up to 10 a.m. on the third day before the intended end of the contract.
The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes significantly detrimental use of the premises or, through his reckless, offensive or otherwise grossly inappropriate behavior, makes living together unpleasant for the other guests, the owner, his people or third parties staying in the accommodation facility or is guilty of a punishable act against property, morality or physical safety towards these people;
b) is struck by a contagious disease or an illness that goes beyond the duration of the accommodation or otherwise requires care;
c) the invoices presented are not paid when due within a reasonable period of time (3 days). If the fulfillment of the contract becomes impossible due to an event that is to be considered as force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already deemed to be terminated under the law or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
Illness or death of the guest
If a guest falls ill during their stay in the accommodation facility, the accommodation provider will arrange for medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange for medical care even without the guest's specific request, especially if this is necessary and the guest is not able to do so themselves.
As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness.
The accommodation provider has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for medical transport, medication and medical devices
b) necessary room disinfection,
c) laundry, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all of these items,
d) restoration of walls, furnishings, carpets, etc., insofar as they were contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the room was used by the guest, plus any days the room was unusable due to disinfection, evacuation or similar,
f) any other damage incurred by the accommodation provider.
Jurisdiction and Governing Law
The place of performance is the location of the accommodation establishment.
This contract is governed by Austrian formal and substantive law, excluding international private law rules (especially IPRG and EVÜ) and the UN Sales Convention.
The exclusive place of jurisdiction in business transactions is the seat of the accommodation provider. However, the accommodation provider is also entitled to assert their rights before any other competent local and subject-matter court.
Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision shall apply that comes as close as possible to the intended purpose.