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1. Scope of validity
1.1 These terms and conditions (T&Cs) regulate the reciprocal rights and duties of hosts and visitors.
1.2 These T&Cs do not affect the right to make special agreements. Wherever the stipulations of a special agreement made with the guest conflict with those in the T&Cs, the special agreement shall have legal supremacy. Stipulations of the T&Cs not affected by the special agreement shall remain fully applicable.
2. Definition of terms
2.1 Definition of terms:
The ‘Host’ is a natural or juridical person who accommodates guests for a fee.
The ‘Guest’ is a natural person in receipt of accommodation. As a rule, the ‘Guest’ is also the ‘Contractual Partner’. Guest status also applies to people accompanying the Contractual Partner (such as friends and family members etc).
The ‘Contractual Partner’ is a natural or juridical person from the same country or a foreign country, and who signs an accommodation agreement as a Guest, or on behalf of a Guest. ‘Consumer’ and ‘Entrepreneur’ are terms used within the framework of Austria’s Consumer Protection Law (KSchG). The ‘Accommodation Agreement’ refers to the contract made between the Host and the Contractual Partner, and whose contents are subsequently regulated in greater detail within.
3. Contract conclusion and deposit
3.1 An Accommodation Agreement comes into force on acceptance – by the Host – of the order submitted by the Contractual Partner. Electronic declarations shall be considered to have been received if the party intended to receive the declaration can do so under normal circumstances, and access to electronic messaging is gained during the Host’s official hours of business.
3.2 The Host shall be entitled to make the conclusion of an Accommodation Agreement, and/or an agreement to provide an event/seminar venue, subject to the condition that the Contractual Partner pays a deposit. In such case, before accepting the order of the Contractual Partner – whether submitted verbally or in a written form, the Host is obliged to inform the Contractual Partner of his/her duty to pay a deposit. Once the Contractual Partner declares (verbally or in writing) that he/she consents to the payment of a deposit to the Host, and this confirmation has been received by the Host, the Accommodation Agreement then comes into force.
3.3 Any bank transfer costs for payment are to be borne by the Contractual Partner. Credit and debit cards are subject to the terms and conditions of the respective card providers.
3.4 The deposit is a down-payment on the full agreed fee.
4. Commencement and conclusion of accommodation
4.1 If the Host does not provide any stipulations to the contrary, the Contractual Partner shall be entitled to move into the rented accommodation from 4pm (16.00) on the agreed day of arrival.
4.2 If a room is first used prior to 6am (06.00), it will be considered that an ‘overnight stay’ has been consumed in the accommodation.
4.3 On the day of departure, the Contractual Partner is obliged to vacate the rented accommodation by 12:00 midday at the latest. If the rented accommodation is not vacated by this time, the Host shall be entitled to charge for an additional day’s accommodation.
5. Right to contractual withdrawal – Cancellation fee
Withdrawal rights of the Host
5.1 If the Accommodation Agreement specifies the payment of a deposit, and this is not paid by the Contractual Partner within the stipulated period, the Host shall be entitled to withdraw from the contract without setting a further deadline.
5.2 If the Guest fails to arrive at the accommodation before 18:00 on the agreed day of arrival, unless a later time of arrival has been agreed, the Host’s duty to provide accommodation shall be rescinded.
5.3 If the Contractual Partner has paid the agreed deposit (see 3.2), and fails to arrive, the room(s) will remain reserved until 12.00 midday on the day after the agreed day of arrival. If accommodation has been paid for – for more than four days in advance – the duty to provide accommodation shall end at 18:00 on the fourth day. The agreed day of arrival will be counted as the first day, unless the Guest has specified a later day of arrival.
5.4 If the Host can provide justified practical reasons, and unless other details have been agreed, down to three months prior to the day of arrival agreed with the Contractual Partner the Host shall be entitled to cancel the Accommodation Agreement unilaterally.
Withdrawal by the Contractual Partner – Cancellation fee
5.5 Down to three months prior to the Guest’s agreed day of arrival both the Guest and the Host are entitled to dissolve the Accommodation Agreement without paying compensation for cancellation.
5.6 Beyond the pre-deadline period stipulated in 5.5, unilateral withdrawal from the Accommodation Agreement on the part of the Contractual Partner shall only be possible subject to payment of the current cancellation fees and compliance with the following terms:
— down to 24 hours BEFORE arrival – no fee
— no free cancellations for ‘non-refundable rates’ and ‘stay more, pay less rates’
— cancellations made less than 24 hours prior to arrival, and no-shows without prior cancellation, will be subject to payment of the full amount stated in the Accommodation Agreement.
Inability to travel on the agreed day of arrival
5.7 If the Contractual Partner is unable to travel to the accommodation on the official day of arrival, due to unforeseen circumstances, such as extreme snowfall, flooding (etc.) leading to the prevention of all means of travel for the duration of the period booked, he/she shall not be obliged to pay the sum agreed for the accommodation period. However, the Contractual Partner is obliged to inform the Host of such an event at the first possible opportunity.
5.8 Counting from the agreed day of arrival, the duty to pay the accommodation fee for the stay shall come back into force if travel becomes possible again within three days.
5.9 Down to 24 hours prior to a scheduled appointment for treatment (massage / beauty therapeutical treatment), the appointment can be cancelled unilaterally by the Contractual Partner without payment of a cancellation fee. Cancellations of treatment appointments made less than 24 hours before the appointment are subject to payment of 100% of the treatment fee.
5.10 If the terms for cancellation in points 5.5 and 5.6 are applied appropriately, Contractual Partners are entitled to cancel bookings for event / seminar facilities unilaterally. The Host must be reimbursed by the Contractual Partner for the entire costs of any third-party services booked and paid for by the Host on the instructions of the Contractual Partner (such as special presentation technology, catering etc.). However, once the Contractual Partner has cancelled, the Host will try to ensure he/she cancels these third-party services within five days.
6. Provision of alternative accommodation
6.1 The Host is entitled to provide the Contractual Partner / Guests with adequate alternative accommodation of the same quality – within reason, particularly if there are only minimal differences in form and function.
6.2 An example of reasonable justification would be if a room or rooms have become unusable, guests already in the accommodation extend their stay, the rooms have been double-booked or a change of accommodation is necessitated by important operational developments.
6.3 Any extra expense for the alternative accommodation must be covered by the Host.
7. The rights of the Contractual Partner
7.1 On signing the Accommodation Agreement the Contractual Partner gains entitlement to the common use of, and access to, rented rooms and the facilities provided with and in the accommodation, without special conditions, and shall be entitled to all usual services.
7.2 The Contractual Partner is expected to exercise his/her rights in compliance with all applicable house and hotel rules and guest guidelines.
8. The duties of the Contractual Partner
8.1 At the latest at the moment of departure, the Contractual Partner shall be obliged to pay the agreed costs of accommodation, and all additional expenses generated by the consumption of drinks, treatments, activities (etc.) he/she and accompanying guests may have consumed, plus statutory VAT. Payments can be made in cash, with a Maestro debit card, or using the following credit cards: American Express, Mastercard, Diners Club, VISA. Valid vouchers issued by the Host, and those accepted by the Host, will be accepted as part of the final payment.
8.2 The Host is not obliged to accept foreign currencies. If, in individual cases, the Host is prepared to accept foreign currency payments, these will be completed at the exchange rate stated by the hotel for that day. The Contractual Partner is obliged to cover all costs related to payment with the foreign currency (such as inquiries submitted to credit card companies, exchange fees, telegrams etc.).
8.3 The Contractual Partner shall be liable to the Host for any damages or expenses consciously or wilfully caused to the Host by the Contractual Partner’s, Guest’s or other associated persons’ use of the Host’s facilities or services.
9. The rights of the Host
9.1 If the Contractual Partner refuses to, or is unable to, pay the final invoice – either completely or in part – the Host shall be legally entitled (according to §970c ABGB) to withhold, or (according to § 1101 ABGB) to impound items of property brought to the venue by the Contractual Partner / the Guest. The right of the Host to withhold or impound items applies to coverage of financial claims resulting from the Accommodation Agreement, particularly for catering and other payments made on behalf of the Contractual Partner, and to all other claims for compensation.
9.2 If room service is called to the Contractual Partner, the Host shall be entitled to charge an extra fee as stated on the room service price list – or to refuse provision of this service for operational reasons.
9.3 The Host shall be entitled to invoice all services, or services used so far, at any time.
10. The duties of the Host
10.1 The Host shall be obliged to provide the agreed services in a scope and standard corresponding with a hotel of its category.
10.2 Extra services provided by the Host, and not included in the accommodation fee, must be clearly listed and priced as such, and must be invoiced specifically.
11. Liability of the Host for damage to property brought to the venue
11.1 According to Austrian Law (§§ 970 ff ABGB), the Host shall be liable for property brought onto the premises by the Contractual Partner. The liability of the Host only exists if items have been handed over to the Host, or to people acting under the authority of the Host, or taken by the aforementioned to a place under the instructions of the Host, or to a place determined by the Host. If the Host is unable to prove otherwise, he/she shall accept liability for causing damage or loss by himself/herself, his/her staff or by passers-by. According to §970 Abs 1 ABGB of Austrian Law, the Host shall be liable up to a maximum sum of €550. If, on being instructed to move his/her items to a special place for storage, the Contractual Partner or the Guest does not immediately obey this instruction, the Host shall be released from all liability for the items. The maximum amount for which the Host can be held liable is the maximum sum paid out on the Host’s third-party liability insurance policy. The degree to which the Contractual Partner or the Guest is at fault must be taken into account.
11.2 The Host is excluded from liability claims for cases of slight negligence. If the Contractual Partner is also a business, liability for cases of gross negligence will also be excluded. In such cases, the onus shall be on the Contractual Partner to prove fault. No claims will be considered for consequential losses or damages, indirect damages or lost profits.
11.3 The current maximum sum to be paid out for liability by the Host in regard of valuable items, cash and securities is €550. Moreover, the Host can only be held liable for greater damages if he/she was aware of their fragility and value, and accepted responsibility for their storage nevertheless; or if the damage or loss of such items was the fault of the Host himself/herself or of his/her employees. Limitations of liability as in 12.1 and 12.2 apply accordingly.
11.4 The Host is entitled to refuse to offer safe storage for valuable items, cash and securities, if they are of significantly greater value than items commonly stored for guests at the place of accommodation in question.
11.5 In all cases of items stored for the Guest, liability is excluded whenever the Contractual Partner and/or Guest – on discovery – does not immediately report the damage or loss to the Host. Moreover, from the moment of discovery or possible discovery, the Contractual Partner and/or the Guest must submit legal claims for damages/loss within three years – after which the right to compensation becomes null and void.
11.6 The hotel carries out requests to wake guests very diligently. Unless gross negligence or intention can be proven, no claims for damages shall be entertained for failure to do so.
11.7 Messages, post and consignments for guests are treated with the greatest of care. The hotel takes responsibility for the delivery, storage and – on request – and for a fee, the forwarding of the above, and – on request – items of property found at the hotel. No claims for damage/loss will be entertained, unless gross negligence or intention can be proven. At the latest after a storage period with a deadline of one month later, the hotel shall be entitled to charge a reasonable fee for storage, and to hand over the listed items to the local lost & found office.
11.8 The Guest’s right to press claims for damages/loss is limited to 3 years from the moment the damage/loss was discovered, and from discovery of the person responsible for the damage/loss. This does not apply to liability for damages/loss caused by injury to the life, body or health of a guest, or to other damages/losses due to intentional or grossly negligent breaches of duty by the hotel, or legal representatives or assistants thereof.
12. Limitations on liability
12.1 If the Contractual Partner is a consumer, except in cases of personal injury, the Host shall not be held liable for damages for slight negligence.
12.2 If the Contractual Partner is a registered business, the Host shall not be held liable for damages caused by slight or gross negligence. In such cases, the onus to prove guilt is on the Contractual Partner. Neither consequential, immaterial or indirect damages, nor lost profits shall be reimbursed. In all such cases damages shall be limited to the losses which could be typically foreseen at the time the contract was signed.
13. Accommodating pets and animals
13.1 Pets and animals may only be brought to the accommodation with the prior consent of the Host, and will be subject to a special fee.
13.2 A Contractual Partner bringing an animal to the venue is obliged to ensure it is suitably supervised and correctly kept during its time at the accommodation, either by the Contractual Partner himself/herself or by a third party.
13.3 A Contractual Partner / Guest who brings an animal to the venue must ensure it is covered by third-party liability insurance for animals, or by his/her own private third-party liability insurance policy, in order to cover any costs or damages caused by the animal. Proof of such insurance must be provided if requested by the Host.
13.4 The Contractual Partner and his/her insurer shall be held liable to the Host, both jointly and severally, for damages caused by animals brought to the venue. In particular, insurance must cover any cost outlay to be made by the Host to third parties.
13.5 No animals are permitted in the salons, communal areas, restaurant rooms or spa facilities.
14. Extension of the period of accommodation
14.1 The Contractual Partner is not entitled to demand an extension of his/her stay. If the Contractual Partner expresses the desire for an extension in good time, the Host will be able to consent to an extension of the Accommodation Agreement. The Host is not obliged to consent.
14.2 If, on the day of departure, the Contractual Partner is unable to leave the hotel due to extraordinary unforeseen circumstances (such as extreme snow, flooding etc.) and all means of travelling from the hotel are closed or inoperable, the Accommodation Agreement shall be automatically extended for the period during which departure and travel remain impossible. A discount on the fee for this period shall only be considered if, due to the extraordinary weather conditions, the Contractual Partner is unable to take advantage of the full scope of services offered by the hotel. At the least, the Host shall be entitled to request the fee normally charged in off-peak periods.
15. Premature termination of the Accommodation Agreement
15.1 Any Accommodation Agreement concluded for a specific period shall expire at the end of the said period.
15.2 If Contractual Partner departs prior to the end of the contract period, the Host shall be entitled to charge the full fee agreed for the full period. The Host shall deduct from this fee any savings made due to services not being provided and consumed, and the sums earned by renting out the rooms to other customers. A saving is only seen as such, at the time of non-utilisation of rooms booked by the Guest, if the hotel is filled to capacity, and the cancellation made by the Contractual Partner still enables these rooms to be rented out to other guests. The onus shall be on the Contractual Partner to prove the hotel has made a saving.
15.3 The contract between the Guest and the Host shall be terminated in the case of the death of the Guest.
15.4 If the Accommodation Agreement has been signed for an unspecified period, the parties to the contract shall terminate the contract by 10:00 (a.m.) on the third day prior to which the Accommodation Agreement is to be terminated.
15.5 The Host shall be entitled to terminate the Accommodation Agreement for important reasons with immediate effect; particularly if the Contractual Partner or the Guest:
a) uses the rooms and facilities to an effect significantly detrimental for fixtures and fittings, or cohabitation becomes unpleasant or intolerable for other guests, the owner, his/her staff, or other third parties staying/living at the hotel, due to the inconsiderate, offensive or grossly inappropriate behaviour, or endangerment of the aforementioned by way of illegal action(s) that damage property, offend common decency or cause physical injury;
b) contracts an infectious disease, or a disease or condition that exists beyond the duration of his/her stay, or requires physical or medical care;
c) does not settle due bills at the latest at the end of a reasonable period of notice (3 days).
15.6 If fulfilment of the contract is rendered impossible by an event that can be categorised as a form of force majeure (Act of God), such as extreme weather events, natural disasters, strikes, lockout, orders issued by local or national authorities (etc.), the Host shall be entitled to dissolve the Accommodation Agreement with immediate effect, without a duty to provide a notice period – in cases where the contract hasn’t already been terminated under stipulations of the law, or the Host has not already been released from his/her duty to provide accommodation. No claims by the Contractual Partner for damages (etc.) will be entertained.
16. Place of performance, court of jurisdiction and choice of law
16.1 The place of performance shall be the location of the accommodation.
16.2 This Accommodation Agreement is subject to Austrian formal and substantive law, and excludes the provisions of international private law, particularly International Private Law and Conflict of Laws, and UN laws on the sale and purchase of goods.
16.3 The sole court of jurisdiction for agreements between two businesses shall be the responsible court in the town/city of the Host, although he/she shall be entitled to choose a court in any other place that has a court responsible for such issues.
17. Other issues
17.1 Unless otherwise specified in the above T&Cs, the countdown to the deadline shall commence on delivery of the document to the Contractual Partner informing him/her of his/her duties and the deadline before which they must be fulfilled. When calculating a period of notice according to a specific number of days, the scope of the period should not include the day on which the period of notice was triggered. Deadline periods calculated in weeks or months must be begin and end on a specified day or date. If the month in question does not contain this day, the final day of the month shall be taken for the deadline.
17.2 Declarations must have been handed over to the Contractual Partner in question no later than 24:00 midnight on the final day of the deadline.
17.3 If the Contractual Partner has lodged claims for compensation, the Host shall be entitled to counteract by lodging counter-claims. However, the Contractual Partner is not entitled to counteract claims lodged by the Host with his/her own claims, unless the Host is financially insolvent, the Contractual Partner’s claim has been upheld in court, or the Host has already accepted the validity of the Contractual Partner’s claim.
17.4 Wherever rules are not clearly stated, corresponding Austrian legislation shall apply.
17.5 Vouchers for services
Vouchers for treatments, activities or services remain valid at the stated price for one year, and vouchers must be redeemed within five years of the date of issue. Prices may rise for specified treatments, activities or services. Cash refund and partial cash refunds cannot be provided.
18. Preventing the spread of COVID-19
18.1 If any Guest has reason to believe he/she may have become infected with the SARS CoV-2 / COVID-19 virus, or notices any symptoms of the resultant illness, he/she shall be obliged to leave the premises immediately, and to comply with all duties to report the above. In such cases there can be no reimbursement of accommodation fees or admission fees.
The Austrian Hotel Contract Conditions apply: ÖHVB