GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY (AGBH 2006)

§ 1 Scope of application
§ 2 Definitions
§ 3 Execution of the agreement – Down payment
§ 4 Start and end of accommodation
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the Party
§ 8 Obligations of the Party
§ 9 Rights of the Proprietor
§ 10 Obligations of the Proprietor
§ 11 Liability of the Proprietor for damage to items of guests
§ 12 Limitations of liability
§ 13 Animals
§ 14 Prolongation of the accommodation
§ 15 Termination of the Accommodation Agreement – Early cancellation
§ 16 Sickness or death of the Guest
§ 17 Place of performance, place of jurisdiction and applicable law
§ 18 Liability for items deposited in room safes / hotel safes
§ 19 Miscellaneous

§ 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred
to as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions]
as amended on 23 September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be
subsidiary to agreements made on an individual basis.

§ 2 Definitions
2.1 Definitions:
“Proprietor”: means an individual or entity that accommodates guests against remuneration.
“Guest”: means an individual that uses accommodation. Usually the guest is also the Party.
Guests also include those persons that are accommodated together with such Party (e.g. family members,
friends etc.).
“Party”: means a domestic or foreign individual or entity that enters into an Accommodation
Agreement as a Guest or for a Guest.
“Consumer” and “Entrepreneur”: these terms shall be construed as defined
by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.
“Accommodation Agreement”: means the agreement made between
the Proprietor and the Party, the contents of which are specified below.

§ 3 Execution of the agreement – Down payment
3.1 The Accommodation Agreement shall be deemed entered into upon the acceptance
of the Party’s order by the Proprietor. Electronic declarations shall be
deemed received when they can be collected by the party to which they are addressed
under normal circumstances provided that they are received during the
published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement under
the condition that the Party makes a down payment. In such event, the Proprietor
shall be obliged to inform the Party of the required down payment before
accepting the written or oral order of the Party. If the Party agrees to the down
payment (in writing or orally), the Accommodation Agreement shall be deemed
entered into upon the receipt of the Party’s declaration of consent on the down
payment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 7 days (receipt)
before the accommodation. The costs for the financial transaction (e.g. remittance
fee) shall be paid by the Party. Credit and debit cards shall be subject to
the terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.

§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers any other time of occupancy, the Party shall be entitled
to move into the rented rooms from 3.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shall
be deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Party by 11.00 noon on the date of departure.
The Proprietor shall be entitled to charge another day if the rented rooms
are not vacated in time.

§ 5 Rescission of the Accommodation Agreement – Cancellation fee Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and such down
payment has not been made by the Party in time, the Proprietor may rescind the
Accommodation Agreement without granting any 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 accommodate them unless a later time of arrival has
been agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved
until 12.00 noon on the day following the date of arrival at the latest. If a
down payment to the amount of more than four days has been made, the obligation
to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date
of arrival being deemed the first day, unless the Guest informs the Proprietor of a
later date of arrival.
5.4 Unless otherwise agreed upon, the Proprietor may rescind the Accommodation
Agreement for objectively justified reasons by means of a unilateral declaration
by 3 months before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation fee
Each booking of the Contractual Partner with the Proprietor shall contain the respective applicable cancellation conditions. Only insofar as the booking agreement does not contain any deviating provision or the reservation confirmation does not confirm otherwise:
5.5 The Party may rescind the Accommodation Agreement by means of a unilateral
declaration by 3 months before the agreed date of arrival of the Guest without being
liable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the Accommodation
Agreement by means of a unilateral declaration subject to the following
cancellation fees:

– 40% of the total agreed price by 1 month before the date of arrival;
– 70% of the total agreed price by 1 week before the date of arrival;
– 90% of the total agreed price within the last week preceding the date of arrival.

5.7 If the Party is prevented from arriving at the accommodating establishment on the
date of arrival since this is impossible due to unforeseeable extraordinary events
(e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the
agreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as
the arrival becomes possible again provided that it becomes possible within three
days.

§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation
(of the same quality) provided that this is reasonable for the Party,
particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the room(s) has
(have) become unusable, guests that have already been accommodated prolong
their stay, the establishment is overbooked or this becomes necessary due to other
important operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid by
the Proprietor.

§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right
to make normal use of the rented rooms and the facilities of the accommodating
establishment that are usually accessible to the guests for use without any special
conditions and of the usual service. The Party shall exercise their rights in accordance
with any applicable hotel and/or guest regulations (rules of the house).

§ 8 Obligations of the Party
8.1 The Party shall be obliged to pay the agreed remuneration plus any extra amounts
that have arisen from the use of special services by the Party and/or the accompanying
guests plus any applicable VAT by the date of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor
accepts foreign currencies, such shall be accepted at the current price if possible.
If the Proprietor accepts foreign currencies or cashless means of payment, the
Party shall pay any associated costs, e.g. for inquiries with credit card companies,
telegrams etc.
8.3 The Party shall be liable towards the Proprietor for any damage caused by themselves
or the Guest or any other persons that receive services of the Proprietor
with the knowledge or in accordance with the intention of the Party.

§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor
shall be entitled to make use of the legal right of retention in accordance
with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance
with § 1101 of ABGB with respect to the items brought along by the Party or the
Guest. Furthermore, the Proprietor shall be entitled to make use of this right of
retention or lien in order to secure its claims under the Accommodation Agreement,
particularly for catering, other expenses made for the Party and for any
kind of damage claims.
9.2 If services are requested in the room of the Party or during unusual times of the
day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to
charge an extra remuneration. However, such extra remuneration shall be indicated
on the price board for the room. The Proprietor may also refuse such services
for operational reasons.
9.3 The Proprietor shall be entitled to issue invoices or interim invoices for 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 that
complies with its standards.
10.2 Extra services of the Proprietor that must be indicated accordingly since they are
not included in the accommodation remuneration shall, by way of example, include:
a) Extra accommodation services that may be invoiced separately, such as
the provision of lounges, sauna, indoor and/or outdoor swimming pool,
solarium, garages etc.;
b) A reduced price shall be charged for the provision of additional beds or
cribs.

§ 11 Liability of the Proprietor for damage to items of guests
11.1 The Proprietor shall be liable for the items brought along by the Party in accordance
with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items
have been handed over to the Proprietor or the persons authorised by the Proprietor
or deposited in a place assigned by such or intended for such purpose. Unless
the Proprietor provides other evidence, the Proprietor shall be liable for its own
fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec.
1 of ABGB, the Proprietor shall only be liable up to the amount specified in the
Austrian law on the liability of landlords and other entrepreneurs of 16 November
1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer)
as amended. If the Party or the Guest fails to immediately comply with the Proprietor’s
request to deposit their items in a special deposit, the Proprietor shall be
released from any liability. The amount of any liability of the Proprietor shall be
limited to a maximum of the sum insured under the third-party liability insurance
of such Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur,
the Proprietor may neither be held liable for gross negligence. In such
event, the burden of proof to show the fault shall lie with the Party. No consequential
or indirect damage and no loss of profit shall be reimbursed.
11.3 The Proprietor shall only be liable for valuables, money and securities up to an
amount of currently € 550. The Proprietor shall only be liable for any exceeding
damage in the event it has accepted such items for deposition knowing their quality
or in the event the damage has been caused by itself or its vicarious agents.
The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.
11.4 The Proprietor may refuse to deposit valuables, money and securities if the items
are significantly more valuable than those usually handed over for deposition by
the guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Party and/or Guest
fails to immediately notify the Proprietor of the occurred damage. Furthermore,
such claims shall be asserted in court within three years from their knowledge or
possible knowledge to the Party and/or Guest; otherwise, the right shall become
extinct.

§ 12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor may not be held liable for slight negligence,
except for bodily injury.
12.2 If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or
gross negligence. In such event, the burden of proof to show the fault shall lie
with the Party. No consequential, non-material or indirect damage and no loss of
profit shall be reimbursed. The damage to be reimbursed shall at any case be limited
to the amount of the damage incurred because the Party has relied on the validity
of the agreement (Vertrauensinteresse).

§ 13 Animals
13.1 Animals may only be brought to the accommodating establishment with the prior
consent of the Proprietor and against extra remuneration.
13.2 The Party bringing along an animal shall be obliged to properly keep and/or supervise
such animal during their stay or to have it kept and/or supervised by a
qualified third party at their own expense.
13.3 The Party and/or Guest bringing along an animal shall have an according animal
liability insurance and/or personal liability insurance that covers any potential
damage caused by animals. Evidence of such insurance shall be provided to the
Proprietor upon request.
13.4 The Party and/or their insurance company shall be jointly and severally liable
towards the Proprietor for any damage caused by the animals brought along. Such
damage shall particularly also include any compensation to be paid by the Proprietor
to third parties.
13.5 Animals shall not be permitted to enter the lounges, saloons, restaurants and
wellness zones.

§ 14 Prolongation of the accommodation
14.1 The Party may not claim for a prolongation of their stay. If the Party informs the
Proprietor in time that they intend to prolong their stay, the Proprietor may consent
to a renewal of the Accommodation Agreement. However, the Proprietor
shall not be obliged to do so.
14.2 If the Party is prevented from leaving the accommodating establishment on the
date of departure since all ways of travel are blocked or unusable due to unforeseeable
extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation
Agreement shall automatically be renewed for the duration of such prevention
from departure. The remuneration to be paid for this period may only be reduced
if the Party is unable to fully use the offered services of the accommodating
establishment due to the extraordinary weather conditions. The Proprietor
shall be entitled to charge as a minimum the remuneration corresponding to the
price usually charged in the low season.

§ 15 Termination of the Accommodation Agreement – Early cancellation
15.1 If the Accommodation Agreement has been made for a definite term, it shall end
upon the expiry of such term.
15.2 If the Party leaves prematurely, the Proprietor shall be entitled to charge the total
agreed remuneration. The Proprietor shall deduct anything saved due to the failure
to use its scope of services or maintained by letting the booked rooms to other
guests. Such savings shall only be deemed to exist if the capacities of the accommodating
establishment are fully used upon the Guest’s failure to use the
booked rooms and the room can be let to other guests due to the cancellation by
the Party. The burden of proof to show that savings have been made shall lie with
the Party.
15.3 Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Parties
may terminate the Agreement by 10.00 a.m. of the third day preceding the intended
end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with
immediate effect for important reasons, particularly if the Party and/or the Guest
a) makes significantly adverse use of the rooms or makes their stay intolerable
for the other guests, the owner, its vicarious agents or the third parties staying
at the accommodating establishment due to ruthless, offensive or other10
wise highly improper conduct or commits an act against property, morality
or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration of which exceeds
the term of accommodation or otherwise is in need of care;
c) fails to settle the presented invoices when they become payable within a reasonably
set period (3 days).
15.6 If the performance of the Agreement becomes impossible due to circumstances to
be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders
etc.), the Proprietor may terminate the Accommodation Agreement at any
time without giving prior notice unless the Agreement is already deemed terminated
under the law or the Proprietor is released of its obligation to accommodate
the Party. Any claims for damages etc. by the Party shall be excluded.

§ 16 Sickness or death of the Guest
16.1 If a Guest gets sick during their stay at the accommodating establishment, the
Proprietor shall arrange for medical care at the request of the Guest. In the event
of imminent danger, the Proprietor shall arrange for medical care even without
the special request of the Guest, particularly if this is necessary and the Guest is
unable to do so themselves.
16.2 As long as the Guest is unable to make decisions or it is not possible to contact
the family of the Guest, the Proprietor shall arrange for medical care at the expense
of the Guest. However, the extent of such care shall end as soon as the
Guest is able to make decisions or their family has been informed about the sickness.
16.3 The Proprietor shall particularly be entitled to damages from the Party or the
Guest or, in the event of their death, their successors for the following expenses:
a) unsettled medical costs, costs for ambulance transports, drugs and medical
aids
b) room disinfections that have become necessary,
c) linen, bed sheets and bed furnishing that have become unusable, or otherwise
the disinfection of thorough cleaning of all of these items,
d) restoration of walls, furniture, carpets etc. if such have been contaminated or
damaged in relation with the sickness or death,
e) rent for the room, provided that it has been occupied by the Guest, plus any
days during which the rooms are unusable due to disinfection, vacation etc.,
f) any other damage incurred by the Proprietor.

§ 17 Place of performance, place of jurisdiction and applicable law
17.1 The place of performance shall be the place where the accommodating establishment
is situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantial
law under exclusion of the provisions of international private law (particularly
IPRG [Austrian act on international private law] and the Rome Convention of
1980) and the UN Sales Convention.
17.3 If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the
domicile of the Proprietor; however, the Proprietor shall also be entitled to assert
its rights before any other court that is competent for the location and matter.
17.4 If the Accommodation Agreement has been made with a Party that is a Consumer
who has their domicile or ordinary residence in Austria, actions against the Consumer
may exclusively be filed at the domicile, ordinary residence or place of
work of such Consumer.
17.5 If the Accommodation Agreement has been made with a Party that is a Consumer
who has their domicile in a member state of the European Union (except for Austria),
Iceland, Norway or Switzerland, the court that is competent for the domicile
of the Consumer in the event of actions against the Consumer in the relevant matter
shall have exclusive jurisdiction.

§ 18 Liability for items deposited in room safes / hotel safes
18.1 The hotel is not liable for valuables deposited in the room or in room safes.
These are therefore not considered to have been transferred within the meaning of § 970 ABGB.
The customer is requested to contact the reception regarding the accommodation of valuables in the hotel safe.
Otherwise, the hotel is liable for the customer’s items in accordance with the statutory provisions.
It is expressly stated that for treasures, money or securities the maximum liability is up to an amount of
€ 550 or otherwise up to a maximum of € 1.100. Liability claims shall expire if the customer does not report the
damage to the reception immediately after he has learned of it (§ 970b ABGB).

§ 19 Miscellaneous
19.1 Unless otherwise specified in the above provisions, any time limits shall start
upon the document by which such time limit is instructed being delivered to the
Party that must comply with the time limit. When calculating a time limit based
on days, the day of the moment or event to which the start of the time limit refers
shall not be included in the calculation. Time limits based on weeks or months
shall refer to the day of the week or month that corresponds to the day starting
from which the time limit is to be counted according to its name or number. If the
relevant month lacks such day, it shall be replaced with the last day of such
month.
19.2 Any declarations shall be received by the other party by the last day of the time
limit (12.00 midnight). Cancellations must be made in writing.
19.3 The Proprietor shall be entitled to offset any of its claims against claims of the
Party. The Party shall not be entitled to offset any of its claims against claims of
the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established
by a court or acknowledged by the Proprietor.
19.4 If any gaps arise in relation with the Agreement, the applicable legal provisions
shall apply.

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GENERAL TERMS AND CONDITIONS FOR THE HOSPITALITY AND RESTAURANT INDUSTRY (AGBG 2022)

§ 1 Scope of application
§ 2 Definitions
§ 3 Conclusion of the contract/Subject of the contract
§ 4 Special rules for concluding a contract with a deposit
§ 5 Special rules for concluding a distance selling contract
§ 6 Rescission of the “Bewirtungsvertrag” (contract for supply of food and services) by the Proprietor
§ 7 Rescission by the Contracting Party – cancellation fee
§ 8 Prevention from arrival
§ 9 Rights of the Contracting Party
§ 10 Obligations of the Contracting Party
§ 11 Rights of the Proprietor
§ 12 Obligations of the Proprietor
§ 13 Limitations of liability
§ 14 Animals
§ 15 Vouchers
§ 16 Amendment of the Bewirtungsvertrag
§ 17 Termination of the Bewirtungsvertrag – early termination
§ 18 Sickness, accident or death of the Guest during the provision of service
§ 19 Place of performance, place of jurisdiction and choice of law
§ 20 Other

§ 1 Scope of application
1.1 These General Terms and Conditions for the Hospitality and Restaurant Industry (hereinafter “AGBG 2022” ‒ Allgemeine Geschäftsbedingungen für das Gastgewerbe) regulate the legal relationship between the Proprietor and the Contracting Party/Guest and apply to all reservations and services provided in this relationship.
1.2 The General Terms and Conditions for the Hotel Industry 2006 (“AGBH 2006” ‒ Allgemeine Geschäftsbedingungen für die Hotellerie 2006) apply exclusively to the Proprietor’s accommodation services.
1.3 The Proprietor services regulated in more detail below are offered exclusively on the basis of these General Terms and Conditions. Any business conditions on the part of the Contracting Party that deviate from or supplement the AGBG 2022 shall only become effective if they have been expressly agreed in writing.
1.4 The AGBG 2022 do not exclude special agreements and are subsidiary to agreements made on an individual basis.
1.5 By making a reservation – through whichever means – the Contracting Party confirms that they have read and understood the terms and conditions.
1.6 The Proprietor reserves the right to change the AGBG 2022 at any time, if this is reasonable to the Contracting Party, in order to update it in line with current circumstances and to adapt it to meet legal requirements.

§ 2 Definitions
2.1 Service: Supply/distribution of food and beverages in the Proprietor’s food and drink service establishment.
2.2 “Bewirtungsvertrag”: The contract agreed between the Proprietor and the Contracting Party, which focuses on service, and the contents of which are specified in more detail below.
2.3 Catering: Preparation and/or delivery of food and beverages to a place of performance that is located outside of the Proprietor’s service establishment and determined by the Contracting Party.
2.4 FAGG: Austrian Long-distance and Remote Sales Act as currently amended (Fern- und Auswärtsgeschäftegesetz)
2.5 Distance selling (contract): Within the sense of Section 3 FAGG
2.6 Service establishment: Premises outside or inside a building where the Guest is served by the Proprietor.
2.7 Proprietor: Natural or legal person who, as the operator of the service establishment, serves guests or rents out rooms in exchange for a fee and provides related services.
2.8 Guest: Natural person who is served. Usually, the Guest is also the Contracting Party. Guests also include those persons who are served as companions of the Contracting Party.
2.9 KSchG: Consumer Protection Act 1979 (Konsumentenschutzgesetz) as currently amended
2.10 Consumer: Within the meaning of Section 1 KSchG
2.11 Entrepreneur: Within the meaning of Section 1 KSchG
2.12 Reservation: Binding offer by the Contracting Party upon concluding a Bewirtungsvertrag
2.13 Contracting Party: Natural or legal person who enters into a Bewirtungsvertrag as a Guest or for a Guest.

§ 3 Conclusion of the Contract/Terms of the Contract
3.1 The Bewirtungsvertrag comes into effect upon the acceptance of the Guest’s (oral or written) reservation by the Proprietor after checking availability – at the latest through the service. From this point forward, the Proprietor and the Contracting Party are bound by the Bewirtungsvertrag.
3.2 By providing account or credit card details, the Contracting Party expressly consents to all incurred fees being debited – in particular deposits and, where applicable, cancellation fees (as per Point 7) – without further consultation with the Contracting Party concerning the direct debit authorisation procedure for the selected payment method.
3.3 The basis for the fee is the Proprietor’s current price list provided at the time the contract was concluded, as well as any prices agreed individually through special agreements.
3.4 For all reservations, the Contracting Party must provide their full name (company), address, email address (if available) and phone number, as well as the precise number of guests to be served, and the scope of the desired service.
3.5 This data constitutes an essential part of the contract and forms the basis for billing the Contracting Party. If the number of people exceeds or falls below the number agreed, this is only permitted with the express consent of the Proprietor. The agreed number of guests will be taken as a basis for billing as a minimum number. If the number of people exceeds what was agreed, billing will be based on the actual number of guests. If the number of people falls below what was agreed, cancellation conditions shall apply as per Point 7.
3.6 If no other agreement is made in relation to consumption, for example, a flat rate, all food and beverages consumed shall be billed by the Proprietor according to actual consumption and the order value that is based on the current price list. A contribution of EUR 50 per guest shall apply as the minimum consumption price, even if these services are not used.

§ 4 Special rules for contracts with a deposit
4.1 The Proprietor is entitled to conclude the Bewirtungsvertrag on condition that the Contracting Party pay a deposit. In this case, the Proprietor is obliged to inform the Contracting Party of the deposit required before accepting the written or oral reservation of the Contracting Party. If the Contracting Party declares their consent to the deposit (in writing or orally), the Bewirtungsvertrag shall be deemed concluded when the deposit is successfully debited i.e. paid. Only from this point on will the Bewirtungsvertrag become binding on both sides on condition of a deposit. Until this time, the reservation can be cancelled on either side free of charge and without having to provide a reason.
4.2 Upon acceptance of the offer by the Proprietor, the deposit will immediately become payable, unless a later payment date has been agreed. The Contracting Party bears the costs of the financial transaction (e.g. transfer fees). Credit and debit cards are subject to the respective conditions of the issuing card company.
4.3 The deposit constitutes an instalment of the agreed fee.

§ 5 Special rules for concluding distance selling contracts
5.1 Electronic declarations are deemed to have been received when the party for whom they are intended is able to view them under normal circumstances and can access them during the business hours published by the Proprietor.
5.2 For bookings made via distance communication means, acceptance by the Proprietor is exclusively effected by confirming the reservation via email/post, or by successfully debiting the agreed deposit, or upon successful transfer of the same by the Contracting Party. To receive the deposit, the Proprietor shall debit the Contracting Party’s credit card/account with the amount/percentage specified in the reservation conditions.
5.3 For online bookings, a reservation can only be made by correctly completing all the mandatory fields in the booking window and by expressly acknowledging the AGBG 2022 using the application provided for the purpose in the booking window.
5.4 The Contracting Party acknowledges that the reservation process for online bookings cannot be cancelled or reversed once they have clicked the button “Reserve for a fee”.
5.5 The Contracting Party is solely responsible for correctly entering/disclosing the data. If the reservation process was only incorrect due to the entry/disclosure of incorrect or incomplete data, the booking can be corrected either with the aid of the Proprietor or by issuing another reservation confirmation. In all cases of complaint, the reservation confirmation must be presented by the Contracting Party, as otherwise the Proprietor can refuse service. The electronic confirmation of reservation sent by the Proprietor serves as the only admissible proof that the reservation was made properly and must therefore be carried by the Contracting Party and presented to the Proprietor’s staff should there be any complaints.
5.6 The Contracting Party acknowledges that due to the necessary data transfer via the Internet and other forms of data supply, problems in the reservation process may exceptionally arise, which, however, cannot lead to any legal consequences.

§ 6 Rescission of the Bewirtungsvertrag by the Proprietor
6.1 If the Contracting Party/Guest fails to arrive half an hour after the agreed reservation time, there is no obligation to provide service, unless a later arrival time has been agreed.
6.2 If the Contracting Party has made a deposit (see Point 4), the reservation will remain in place for two hours after the agreed reservation time.
6.3 The Proprietor may rescind the Bewirtungsvertrag for objectively justified reasons by means of a unilateral declaration up to one month at the latest before the agreed service of the Contracting Party or Guest.

§ 7 Rescission by the Contracting Party – cancellation fee
7.1 The services provided by the Proprietor are leisure services within the meaning of Section 18 Paragraph 1 Z 10 FAGG, provided at a specific point in time within a precisely specified period. The Contracting Party is therefore not entitled to withdraw from the contract as per Section 11 Para 1 FAGG.
7.2 The Contracting Party may only rescind the contract, by means of a unilateral declaration, subject to payment of the following cancellation fees:
– up to 3 months – 30%
– 3 months to 14 days – 50%
– 14 days to 1 day – 70%
– on the final day – 90%
7.3 For a reduction in the number of reserved guests to below the number stated below, the Contracting Party may partially rescind the contract, by means of a unilateral declaration, down to as many guests to be reduced, without paying a cancellation fee :
– up to 3 months – 40%
– 3 months to 14 days – 30%
– 14 days to 1 day – 20%
– on the final day – 10%
7.4 For a subsequent reduction in the number of reserved guests to below the guest number stated in Point 7.3., the Contracting Party may only partially rescind the contract, by means of a unilateral declaration, to as many guests to be reduced, subject to paying the cancellation fees stated in Point 7.2.
7.5 The respective cancellation fees are to be calculated based on the total amount agreed and/or the total value of the services agreed (food and beverages), any flat-rate agreements, or, in the absence of any consumption services agreed, the cancellation fee is charged on the basis of EUR 50.00 per reserved guest.
7.6 A deposit already paid shall be offset against the cancellation fees stated in 7.2 and 7.3.
7.7 The rescission of the Contracting Party only becomes effective when this is declared in writing.

§ 8 Prevention from arrival
8.1 If the Contracting Party or Guest is prevented from arriving at the service establishment on the date of arrival, as a result of unforeseeable extraordinary circumstances (for example, extreme snowfall, floods, etc.) making all arrival options impossible, the Contracting Party shall not be obliged to pay the agreed charge.
8.2 If the Contracting Party or Guest is prevented from arriving at the service establishment on the date of arrival because they are ill, the Contracting Party is obliged to pay the agreed fee; the Proprietor is obliged to serve the Guest.

§ 9 Rights of the Contracting Party
9.1. By entering into a Bewirtungsvertrag, the Contracting Party shall acquire the right to make normal use of the service and hospitality as well as to use the establishment’s facilities that are usually accessible to guests for use without special conditions.
8.2. If facilities are not available or usable for technical reasons, the Contracting Party is not entitled to a reduction in payment.
8.3. The Contracting Party shall exercise their rights in accordance with any applicable guest regulations (house rules).

§ 10 Obligations of the Contracting Party
10.1 The Contracting Party is obliged to pay the agreed fee plus any extra amounts that have arisen from the use of special services by the Guest and/or their accompanying guests, plus any applicable VAT if not already taken into account. This must be paid by the end of the service at the latest.
10.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, they will be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cash as payment, the Contracting Party shall pay all related costs, for example for enquiries with credit card companies, etc.
10.3 The Contracting Party and their guests shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive the Proprietor’s services with the knowledge or willingness of the Contracting Party. For claims made by third parties, the Contracting Party/Guest fully indemnifies the Proprietor.
10.4 Bringing in food and drink without the prior consent of the Proprietor is not permitted.
10.5 The Contracting Party is responsible for compliance with all statutory and official regulations – in particular trade law, fire protection regulations, copyright protection and event regulations, as well as the Upper Austria Youth Protection Act (OÖ Jugendschutzgesetzes) as currently amended and the Tobacco and Non-Smoker Protection Law (Tabak- und Nichtraucherinnen- bzw. Nichtraucherschutzgesetz) as currently amended – and must observe the Proprietor’s instructions on these matters. The Contracting Party is – unless otherwise stipulated by law – obliged to obtain official permits at their own expense and to fulfil all official requirements at their own expense.
10.6 Decorative material must comply with fire protection requirements and, incidentally, like other items, may only be put up in agreement with the Proprietor. Attaching decorative material to the walls using adhesives, adhesive tape, furniture staples, nails and screws is forbidden. Any items brought along must be removed immediately after the event by the Contracting Party. If they are not immediately removed, the Proprietor has the option of having this task performed by third parties at the expense of the Contracting Party or to charge room rental for their storage.

§ 11 Rights of the Proprietor
11.1 If the Contracting Party refuses to pay or is in arrears with the stipulated fee, the Proprietor is entitled to make use of the legal right of retention as per Section 471 ABGB [Austrian Civil Code] with respect to the items brought along by the Contracting Party or Guest. The Proprietor is also entitled to make use of this right of retention in order to secure their claims under the Bewirtungsvertrag, in particular for catering, other expenses made for the Contracting Party and for any kind of damage claims.
11.2 If the Proprietor fulfils any special wishes of the Contracting Party or Guest, the Proprietor is entitled to charge a special fee for this. However, such special fee or calculation must be disclosed to the Contracting Party or Guest by the Proprietor before the service is provided. The Proprietor may also refuse to provide such services for operational reasons.
11.3 The Proprietor is entitled to issue invoices or interim bills for its services at any time.

§ 12 Obligations of the Proprietor
12.1 The Proprietor is obliged to provide the agreed services to an extent that complies with its standards.
12.2 Statutory warranty provisions apply.

§ 13 Limitations of liability
13.1 If the Contracting Party is a consumer, the Proprietor may not be held liable for slight negligence – including for items brought along – with the exception of personal injuries.
13.2 If the Contracting Party is an entrepreneur, the Proprietor and its assistants may not be held liable for slight or gross negligence – including for items brought along. In this case, the burden of proof to demonstrate the existence of the fault lies with the Contracting Party. No consequential damage, immaterial damage or indirect damage and no loss of profit shall be compensated. The damage to be compensated shall in any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (“Vertrauensinteresse”).
13.3 No liability is accepted for any lost property of the Guest/Contracting Party.
13.4 The Proprietor shall make every effort to remedy immediately any disruption to the technical facilities and other facilities they provide. The Proprietor shall not be held liable for failures of these facilities, or for failures in the power supply or other infrastructure facilities.
13.5 In any case, liability is excluded if the Contracting Party and/or Guest fails to immediately notify the Proprietor of any damage that has occurred from the moment they become aware of it. Furthermore, the Contracting Party or Guest must take legal action to assert these claims within three years of becoming aware or possibly becoming aware; otherwise, the right lapses.

§ 14 Animals
14.1 Animals may be brought to the service establishment, but only with the prior consent of the Proprietor and for an extra compensation.
14.2 The Contracting Party bringing an animal with them is obliged to keep this animal and/or supervise it properly during their stay, or to have it kept and/or supervised by a suitable third party at their own expense.
14.3 The Contracting Party or Guest bringing an animal with them must have the appropriate animal liability insurance and/or private liability insurance that also covers possible damage caused by animals. Proof of appropriate insurance must be provided if the Proprietor so requests.
14.4 The Contracting Party and/or their insurance provider are jointly and severally liable towards the Proprietor for any damage caused by the animal brought along. The damage also encompasses, in particular, any compensation that the Proprietor must provide to third parties.

§ 15 Vouchers
15.1 No vouchers of any kind may be redeemed in cash. The validity period of the vouchers is stipulated and defined on each voucher; these vouchers must be redeemed or exchanged within five years of the date of issue at the latest. The Proprietor will not replace any voucher of any kind if it is lost.

§ 16 Amendment of the Bewirtungsvertrag
16.1 The Contracting Party does not have the right to have the type and extent of the service amended. If the Contracting Party announces in good time their wish to have the Bewirtungsvertrag amended, the Proprietor may agree to the amendment of the Bewirtungsvertrag. The Proprietor is under no obligation to do so.
16.2 The Proprietor may provide the Contracting Party or Guests with a different service (of equal quality) provided that this is reasonable for the Contracting Party, particularly if the difference is negligible and objectively justified. An objective justification shall be deemed to exist, for example, if a particular room (particular rooms) are, or have become, unusable, if guests present at the time extend their stay, if there has been an overbooking, or if any other important operational measure renders this step necessary. Any additional expenses arising from the provision of this alternative service are borne by the Proprietor.

§ 17 Termination of the Bewirtungsvertrag – early termination
17.1 If the Contracting Party or their Guests fail to appear, the Proprietor is entitled to charge the agreed fee subject to Point 17.3.
17.2 The Proprietor is entitled to terminate the Bewirtungsvertrag for good cause, particularly if the Contracting Party or Guest
a) makes detrimental use of the premises or makes the environment intolerable for the other guests, the owner, the owner’s staff due to inconsiderate, offensive or otherwise grossly improper behaviour, or commits a punishable action against the property, morality or physical safety of these persons;
b) is affected by an infectious illness or an illness that persists beyond the duration of the service, or otherwise requires care;
c) fails to pay the presented invoices when they become due within a reasonably set period (3 days).
Upon termination of the Bewirtungsvertrag for good cause, the Contracting Party is obliged to pay the fee subject to Point 17.3.
17.3 The Proprietor shall deduct savings made as a result of the failure to use their services or what they have received from providing service elsewhere. Savings are only deemed to be made if the service establishment is fully used at the time the Guest fails to make use of the service ordered, and other guests can be served due to the non-appearance of the Contracting Party. The burden of proof to show that savings have been made lies with the Contracting Party.
17.4 If it becomes impossible to fulfil the contract due to circumstances deemed to be events of force majeure (for example, acts of God, strike, lockout, delivery boycott, official decrees, etc.), the Proprietor may terminate the Bewirtungsvertrag at any time, unless the contract is already considered by law to be dissolved, or the Proprietor is released from their duty to provide service. Any claims for damages, etc. by the Contracting Party are excluded.

§ 18 Illness, accident or death of the Guest during the service
18.1 If a Guest falls ill/has an accident during their stay at the service establishment, the Proprietor shall arrange for medical care at the Guest’s request. If danger is imminent, the Proprietor shall arrange for medical care even without the Guest’s special request, particularly when this is necessary and the Guest is unable to do so themselves.
18.2 As long as the guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest’s expense. However, the scope of these care measures ends as soon as the Guest is able to make decisions or the Guest’s relatives have been informed of the illness/accident.
18.3 The Proprietor is entitled to claim compensation from the Contracting Party and the Guest or, in the event of the Contracting Party’s death, their legal successors, in particular for the following costs:
a) Outstanding medical costs, costs of patient transport, drugs and medical aids;
b) Disinfection of the rooms, which may have become necessary;
c) Restoration of walls, furnishings, carpets, etc. insofar as these have become soiled or damaged in relation to the illness, accident or death;
d) Fee for food/drink services used by the Guest, plus any costs incurred if the rooms have become unusable due to disinfection, clearing or similar;
e) Any other damage incurred by the Proprietor.

§ 19 Place of performance, place of jurisdiction and choice of law
19.1 The place of performance is the place where the service establishment is situated.
19.2 This contract is subject to Austrian procedural and substantive law excluding the provisions of private international law (in particular IPRG [Schweizerische Bundesgesetz über das Internationale Privatrecht ‒ Austrian Act on Private International Law] and the Rome Convention) as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).
19.3 If the Contracting Partner is an entrepreneur, the exclusive place of jurisdiction is the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert their rights before any other court that is competent for the location and subject matter.
19.4 If the Bewirtungsvertrag has been concluded with a Contracting Party who is a consumer and whose domicile or habitual place of residence is Austria, complaints against the consumer may only be filed at the consumer’s domicile, habitual place or residence or place of work.
19.5 If the Bewirtungsvertrag has been concluded with a Contracting Party who is a consumer and whose domicile is a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the consumer’s local competent court is exclusively responsible for complaints filed against the consumer.

§ 20 Other
20.1 All changes to the Bewirtungsvertrag must be made in writing by the Contracting Party.
20.2 Unless otherwise specified in the provisions above, the time limit shall start when the written document establishing the time limit is supplied to the Contracting Party who is to comply with this time limit. When calculating a time limit based on days, the day of the moment or event to which the time limit refers is not included in the calculation. Time limits based on weeks or months refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If this day is missing in the month, the last day in this month is used instead.
20.3 Declarations must be received by the other Contracting Party on the last day of the time limit (24:00).
20.4 The Proprietor is entitled to offset any claims by the Contracting Party with their own claims. The Contracting Party is not entitled to offset their claims against the claims of the Proprietor; however, this does not apply to consumers if the Proprietor is insolvent or the claim made by the Contracting Party has been legally established or acknowledged by the Proprietor.
20.5 In the event of gaps arising in connection with the agreement, the corresponding legal provisions shall apply.