General business
conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Table of Contents
§ 1 Scope
§ 2 Definitions of terms
§ 3 Conclusion of contract – deposit
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contractual partner
§ 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 contract – early termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Liability for items left in room safes/hotel safes
§ 19 Miscellaneous
§ 20 Non-smoking regulations
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.
1.2 The General Terms and Conditions 2006 do not exclude special agreements.
The General Terms and Conditions 2006 are subsidiary to the individual agreements made.
§ 2 Definitions
2.1 Definitions of terms:
“Accommodator”: Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who requires accommodation.
The guest is usually also a contractual partner.
Those people who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
“Contractual partner”: Is a natural or legal person at home or abroad who concludes an accommodation contract as a guest or on behalf of 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 concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.
§ 3 Conclusion of contract – deposit
3.1 The accommodation contract is concluded when the accommodation provider accepts the order from the contractual partner.
Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access occurs during the accommodation provider’s announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a deposit.
In this case, the accommodation provider is obliged to inform the contractual partner of the required deposit before accepting the contractual partner’s written or oral order.
If the contractual partner agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent to the payment of the contractual partner’s deposit by the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit no later than 7 days (received) before the accommodation.
The contractual partner bears the costs for the monetary transaction (e.g. transfer fees).
The respective terms and conditions apply to credit and debit cards Card company.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers another occupation time, the contractual partner has the right to move into the rented rooms from 3 p.m. on the agreed day (“arrival day”).
4.2 If a room is occupied for the first time before 6 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 11 a.m. on the day of departure.
The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the contractual partner has not paid the deposit on time, the accommodation provider can withdraw from the accommodation contract without a grace period.
5.2 If the guest does not show up by 6 p.m. on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the contractual partner has paid a deposit (see 3.3), the rooms will remain reserved until 12:00 noon on the day following the agreed arrival day.
If you pay in advance for more than four days, the accommodation obligation ends from 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 The accommodation contract can be terminated by the accommodation provider by unilateral declaration for objectively justified reasons up to 3 months before the agreed arrival date of the contractual partner at the latest, unless something else has been agreed.
Withdrawal by the contractual partner – cancellation fee
Every booking made by the contractual partner with the accommodation provider contains the applicable cancellation conditions.
Only if the booking agreement does not make any deviating provisions or the reservation confirmation does not confirm otherwise, the following applies:
5.5 The accommodation contract can be canceled by the contractual partner without paying a cancellation fee up to 3 months before the agreed arrival date of the guest at the latest.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the contractual partner is only possible upon payment of the following cancellation fees:
– up to 1 month before the day of arrival 40% of the total package price;
– up to 1 week before the day of arrival 70% of the total arrangement price;
– in the last week before the day of arrival 90% of the total package price.
Impediments to arrival
5.7 If the contractual partner cannot appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes from the time of arrival if arrival is possible again within three days.
§ 6 Provision alternative accommodation
6.1 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
§ 7 Rights of the contractual partner
7.1 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 accessible to guests for use in the usual way and without any special conditions, and to the usual service.
The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts that arose due to separate use of services by him and/or the guests accompanying him, plus statutory sales tax, at the time of departure at the latest.
8.2 The accommodation provider is not obliged to accept foreign currencies.
If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible.
If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner will bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contractual partner.
§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with Section 970c ABGB and the statutory lien in accordance with Section 1101 ABGB on the items brought in by the contractual partner or the guest.
The accommodation provider is also entitled to this right of retention or lien to secure his claim from the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
9.2 If the service is required in the contractual partner’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this.
However, this special fee must be indicated on the room price board.
The accommodation provider can also refuse these services for operational reasons.
9.3 The accommodation provider has the right to billing or interim billing for his services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent that corresponds to his standard.
10.2 Examples of special services provided by the accommodation provider that are subject to a label and are not included in the accommodation fee are:
a) Special accommodation services that can be invoiced separately, such as the provision of salons, saunas, indoor pools, swimming pools, solariums,
garage etc;
b) a reduced price will be charged for the provision of additional beds or children’s beds.
§ 11 Liability of the accommodation provider for damage to items brought in Things
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner.
The accommodation provider is only liable if the items have been handed over to the accommodation provider or the people authorized by the accommodation provider or have been brought to a place instructed or designated by them.
If the accommodation provider is unable to provide proof, the accommodation provider is liable for his own negligence or the negligence of his people as well as those leaving and arriving.
According to Section 970 Paragraph 1 ABGB, the accommodation provider is liable up to a maximum of the amount specified in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs in the currently valid version.
If the contractual partner or the guest does not immediately comply with the accommodation provider’s request to leave their belongings in a special storage location, the accommodation provider is released from all liability.
The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance amount of the respective accommodation provider.
Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider is only liable for valuables, money and securities up to the current amount of € 550. The accommodation provider is only liable for damages exceeding this amount in the event that he took over these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of his employees.
The limitation of liability in accordance with 12.1 and 12.2 applies accordingly.
11.3 The accommodation provider can refuse to keep valuables, money and securities if they are items that are significantly more valuable than what guests of the accommodation establishment in question usually keep.
§ 12 Limitations of liability
12.1 If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded.
In this case, the contractual partner bears the burden of proof for the existence of fault.
Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated.
The damage to be compensated is in any case limited to the amount of the trust interest.
§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.
13.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals.
Proof of the relevant insurance must be provided upon request by the accommodation provider.
13.4 The contractual partner or its insurer is jointly liable to the accommodation provider for any damage caused by animals brought along.
The damage also includes, in particular, those compensation services that the accommodation provider has to provide to third parties.
13.5 In the salons, Animals are not allowed in lounges, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contractual partner has no right to have his stay extended.
If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract.
The accommodation provider is under no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because all departure options are blocked or cannot be used due to unforeseeable, exceptional circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure.
A reduction in the fee for this time is only possible if the contractual partner is unable to fully use the services offered by the accommodation facility due to the exceptional weather conditions.
The accommodation provider is entitled to charge at least the fee that corresponds to the booked rate.
§ 15 Termination of the accommodation contract – early termination
15.1 If the accommodation contract was concluded for a specific period of time, it ends when the time expires.
15.2 If a guest dies, the contract with the accommodation provider ends.
15.3 If the accommodation contract was concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
15.4 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
• makes a significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, his people or the third parties living in the accommodation facility, spoils the coexistence or is guilty of an act against the property, morals or physical safety of these persons that is punishable by punishment;
• is affected by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care;
• the invoices presented are not paid when due within a reasonable deadline (3 days).
15.5 If the fulfillment of the contract becomes impossible due to an event that can be viewed as force majeure (e.g. natural events, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered dissolved by law or the accommodation provider is released from its obligation to provide accommodation.
Any claims for damages etc. of the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay in the accommodation facility, the accommodation provider will provide medical care at the guest’s request.
If danger is imminent, the accommodation provider will arrange for medical care even without the guest’s special request, especially if this is necessary and the guest is not able to do this himself.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest’s expense.
However, the scope of these care measures ends at the point at which the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
• outstanding medical costs, costs for medical transport, medication and medical aids
• room disinfection that has become necessary,
• laundry, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
• Restoration of walls, furnishings, carpets, etc., if they were contaminated or damaged in connection with the illness or death,
• Room rent, if the room was used by the guest, plus any days that the rooms are unusable due to disinfection, evacuation or similar,
• Any other damages incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and subject-matter competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence or habitual residence in Austria, legal action against the consumer can only be brought at the consumer’s place of residence, habitual residence or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and substantive jurisdiction for the consumer’s place of residence has exclusive jurisdiction for actions against the consumer.
§ 18 Liability for items left in room safes/hotel safes
The hotel is not liable for valuables left in the room or in room safes.
These are therefore not considered to have been introduced within the meaning of Section 970 ABGB.
The customer is requested to contact reception regarding the storage of valuables in the hotel safe.
Otherwise, the hotel is liable for items brought in by the customer in accordance with the statutory provisions.
It is expressly stated that liability for valuables, money or securities is limited to a maximum of €550 or otherwise a maximum of €1,100.
The liability claims expire if the customer does not report the damage to reception immediately after becoming aware of the damage (§ 970b ABGB).
§ 19 Miscellaneous
19.1 Unless the above provisions provide for something special, the running of a deadline begins with delivery of the document setting the deadline to the contractual partners, who must comply with the deadline.
When calculating a period that is determined in days, the day on which the time or event falls is not taken into account, according to which the start of the period should be based.
Deadlines determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the deadline is to be counted.
If this day is missing in the month, the last day of that month is decisive.
19.2 Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
Cancellations must be made in writing.
19.3 The accommodation provider is entitled to offset the contractual partner’s claims with his own claims.
The contractual partner is not entitled to offset its own claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contractual partner’s claim has been determined by a court or recognized by the accommodation provider.
19.4 In the event of gaps in the regulations, the relevant legal provisions apply.
§ 20 Non-smoking regulations
The arthotel Blaue Gans is a non-smoking hotel.
All rooms are equipped with fire alarms and air conditioning gas detectors.
Even a small amount of smoke or excessive use of aerosols triggers an alarm.
Smoking is therefore prohibited in the entire building.
If smoking is still done in the room (including e-cigarettes, vapes, incense sticks, etc.), the guest will be charged an additional night at the current rate (minimum rate € 200) for keeping the room free.
Furthermore, the costs of any fire brigade deployment or necessary replacement of the air conditioning gas monitor module must be borne by the guest.
The assertion of further claims for damages remains unaffected.
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GENERAL TERMS AND CONDITIONS FOR THE HOSPITALITY INDUSTRY 2022 (AGBG 2022)
Table of Contents
§ 1 Scope
§ 2 Definitions of terms
§ 3 Conclusion of contract/contract content
§ 4 Special regulations for contracts with down payment
§ 5 Special regulations for distance selling contracts
§ 6 Withdrawal of the innkeeper from the hospitality contract
§ 7 Cancellation by the contractual partner – cancellation fee
§ 8 Obstacles to arrival
§ 9 Rights of the contractual partner
§ 10 Obligations of the contractual partner
§ 11 Rights of the innkeeper
§ 12 Obligations of the innkeeper
§ 13 Limitations of liability
§ 14 Animal husbandry
§ 15 Vouchers
§ 16 Amendment of the hospitality contract
§ 17 Termination of the hospitality contract – early termination
§ 18 Illness, accident or death of the guest during the hospitality
§ 19 Place of performance, place of jurisdiction and choice of law
§ 20 Miscellaneous
§ 1 Scope
1.1 These General Terms and Conditions for the Hospitality Industry (hereinafter “AGBG 2022”) regulate the legal relationship between the innkeeper and the contractual partner/guest and apply to all transactions made in this relationship Reservations and services provided.
1.2 The General Terms and Conditions for the Hotel Industry 2006 (“AGBH 2006”) apply exclusively to the innkeeper’s accommodation services.
1.3 The innkeeper’s services, which are regulated in more detail below, are offered exclusively on the basis of these general terms and conditions.
Terms and conditions of the contractual partner that deviate from or supplement these General Terms and Conditions 2022 are only effective if they have been expressly agreed in writing.
1.4 The General Terms and Conditions 2022 do not exclude special agreements and are subsidiary to individual agreements made.
1.5 By completing a reservation – regardless of the means – the contractual partner confirms that he has read and understood the terms and conditions and these
1.6 The innkeeper reserves the right to change the General Terms and Conditions 2022 at any time, if this is reasonable for the contractual partner, to update them to current circumstances and to adapt them to the legal provisions.
§ 2 Definitions
2.1 Catering: Providing/serving food and drinks in the innkeeper’s catering establishment
2.2 Hospitality contract: Is the contract concluded between the innkeeper and the contractual partner, the focus of which is on hospitality and the content of which is regulated in more detail below.
2.3 Catering: Preparation or delivery of food and drinks to a place of service determined by the contractual partner outside the innkeeper’s catering establishment
2.4 FAGG: Distance and Away Business Act as amended
2.5 Distance selling (contract): within the meaning of Section 3 FAGG
2.6 Catering establishment: premises outside or inside a building where the hospitality of the guests takes place
2.7 Innkeeper: natural or legal person who, as the operator of the catering establishment, entertains guests for a fee or rents out rooms and provides related services
2.8 Guest: natural person who receives hospitality.
The guest is usually also a contractual partner.
Those people who are entertained in the company of the contractual partner are also considered guests
2.9 KSchG: Consumer Protection Act 1979 as 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 from the contractual partner to conclude a hospitality contract
2.13 Contractual partner: natural or legal person who concludes a hospitality contract as a guest or on behalf of a guest
§ 3 Conclusion of contract/contract content
3.1 The hospitality contract is concluded after checking availability through the (verbal or written) acceptance of the guest’s reservation – at the latest through the hospitality – by the innkeeper.
From this point on, the innkeeper and the contractual partner are bound to the hospitality contract.
3.2 By providing the account or credit card details, the contractual partner declares his express consent to the debiting of all applicable fees – in particular down payments and, if applicable, cancellation fees (according to point 7) – without further consultation with the contractual partner in the collection authorization procedure for the selected payment method.
3.3 The basis for the fee is the price list current at the time the contract is concluded Prices quoted by the innkeeper as well as individually agreed upon through special arrangements.
3.4 For all reservations, the contractual partner must provide his full name (company), address, email address (if available) and telephone number, as well as the exact number of guests to be entertained and the extent of the desired entertainment.
3.5 This data represents an essential part of the contract and is the basis for invoicing to the contractual partner.
Exceeding or falling short of the reserved number of people is only permitted with the express consent of the innkeeper.
The agreed number of guests is used as the minimum number for billing.
If the agreed number of people is exceeded by the innkeeper, the billing will be based on the actual number of guests.
If the agreed number of guests is not reached, the cancellation conditions listed in point 7 apply.
3.6 If no other agreement is made regarding consumption, such as a flat rate, all drinks and food consumed will be invoiced by the innkeeper based on the actual consumption and the order value according to the current price list and an amount of EUR 50 per reserved guest is agreed as the minimum consumption, which must be paid even if the hospitality services are not used.
§ 4 Special regulations for contracts with down payment
4.1 The innkeeper is entitled to conclude the hospitality contract on the condition that the contractual partner makes a deposit. In this case, the innkeeper is obliged to inform the contractual partner of the required deposit before accepting the contractual partner’s written or oral reservation.
If the contractual partner agrees to the deposit (in writing or verbally), the hospitality contract is concluded upon successful debit or payment of the deposit.
Only from this point on does the hospitality contract concluded under the condition of a deposit become bilaterally binding.
Up to this point, the reservation can be canceled by either party free of charge and without giving reasons.
4.2 When the innkeeper accepts the offer, the deposit is due immediately, unless a later due date is agreed.
The contractual partner bears the costs for the monetary transaction (e.g. transfer fees).
The respective terms and conditions of the card companies apply to credit and debit cards.
4.3 The deposit is a partial payment of the agreed fee.
§ 5 Special regulations for distance selling contracts
5.1 Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access occurs during the innkeeper’s announced business hours.
5.2 Acceptance by the innkeeper for bookings via remote communication means occurs exclusively through a reservation confirmation from the innkeeper by email/post or, if an agreed deposit has been made, with a successful debit by the innkeeper or with a successful transfer by the contractual partner.
For the deposit, the innkeeper will charge the contractual partner’s credit card/account with the amount/percentage stated in the reservation conditions. 5.3 For online bookings, a reservation is only possible after all mandatory fields in the reservation window have been completely and correctly entered and the AGBG 2022 has been expressly acknowledged using the application provided in the reservation window.
5.4 The contractual partner acknowledges that the reservation process for online reservations can no longer be canceled or reversed after pressing the “Reserve for a fee” button.
5.5 The contractual partner is solely responsible for entering/providing the data correctly.
If the reservation process was incorrect due to incorrect or incomplete data being entered/provided, the booking can either be corrected with the help of the innkeeper or another reservation confirmation can be issued.
In all cases of complaint, the contractual partner must present the reservation confirmation, otherwise the innkeeper may refuse to provide hospitality.
The innkeeper’s electronic reservation confirmation serves as the only permissible proof of a properly made reservation and must therefore be carried by the contractual partner and presented to the innkeeper’s staff in the event of complaints.
5.6 The contractual partner acknowledges that, due to the necessary data transfers over the Internet and other data lines, problems may exceptionally arise when making a reservation, without any legal consequences being derived from this.
§ 6 Withdrawal of the innkeeper from the hospitality contract
6.1 If the contractual partner/guests do not show up half an hour after the agreed reservation time, there is no obligation to provide entertainment, unless a later arrival time has been agreed.
6.2 If the contractual partner has paid a deposit (see point 4), the reservation remains reserved two hours after the agreed reservation time.
6.3 The hospitality contract can be terminated by the innkeeper for objectively justified reasons by means of a unilateral declaration up to one month before the agreed hospitality of the contractual partner or guests.
§ 7 Withdrawal by the contractual partner – cancellation fee
7.1 The services offered by the innkeeper are leisure services within the meaning of Section 18 Paragraph 1 Z 10 FAGG, which are provided at a specific time within a precisely specified period of time.
The contractual partner therefore has no right of withdrawal in accordance with Section 11 Paragraph 1 FAGG.
7.2 Withdrawal by unilateral declaration by the contractual partner is only possible upon 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 last day – 90%
7.3 Until the number of guests reserved is not reached to the following extent, partial withdrawal to the extent of the number of guests to be reduced is possible without paying a cancellation fee by unilaterally declaring the contractual partner:
• up to 3 months – 40%
• 3 months to 14 days – 30%
• 14 days to 1 day – 20%
• on the last day – 10%
7.4 If the reserved number of guests is undershot by more than the number of guests stated under point 7.3, a partial withdrawal to the extent of the number of guests to be reduced is unilateral Declaration by the contractual partner is only possible upon payment of the cancellation fees listed under point 7.2.
7.5 The respective cancellation fees are to be calculated from the agreed total amount or the total value of the agreed services (food and drinks), any flat-rate agreements or, in the absence of an agreed consumption service, from the amount of EUR 50.00 per reserved guest.
7.6 Any deposit that has already been paid will be offset against the cancellation fees mentioned under 7.2 and 7.3.
7.7 The contractual partner’s withdrawal will only be effective if declared in writing.
§ 8 Obstacles to arrival
8.1 If the contractual partner or the guests cannot appear at the catering establishment on the day of arrival because all travel options are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the contractual partner is not obliged to pay the agreed fee.
8.2 If the contractual partner or guests cannot appear at the catering establishment on the day of arrival because they are ill, the contractual partner is obliged to pay the agreed fee;
the innkeeper is obliged to entertain the guests.
§ 9 Rights of the contractual partner
9.1.
By concluding a catering contract, the contractual partner acquires the right to the usual catering and service, as well as the use of the catering establishment’s facilities, which are accessible to guests for use in the usual way and without any special conditions.
8.2.
If facilities are not available or usable for technical reasons, the contractual partner has no right to a reduction in payment.
8.3.
The contractual partner must exercise his rights in accordance with any guest guidelines (house rules).
§ 10 Obligations of the contractual partner
10.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts that arose due to separate use of services by him and/or the guests accompanying him, plus – if not already taken into account – statutory sales tax at the end of the entertainment at the latest.
10.2 The innkeeper is not obliged to accept foreign currencies.
If the innkeeper accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible.
If the innkeeper accepts foreign currencies or cashless payment methods, the contractual partner will bear all associated costs, such as inquiries with credit card companies, etc.
10.3 The contractual partner and his guests are jointly liable to the innkeeper for any damage caused by him or the guest or other persons who accept services from the innkeeper with the knowledge or will of the contractual partner.
The contractual partner/guest shall fully indemnify and hold the innkeeper harmless for any third-party claims.
10.4 Bringing food and drinks without the prior permission of the innkeeper is not permitted.
10.5 The contractual partner is responsible for compliance with all legal and official regulations – in particular commercial law, fire police, copyright law and event law, as well as the Upper Austrian Youth Protection Act as amended and the tobacco and Non-smokers’ protection act as amended – is responsible for themselves and must follow the innkeeper’s instructions in this regard.
Unless otherwise provided by law, the contractual partner is obliged to obtain official permits at its own expense and to fulfill all official requirements at its own expense.
10.6 Decorative material must comply with fire safety requirements and, like other items, may only be installed with the consent of the innkeeper.
Attaching decorative materials to the walls using adhesives, tape, furniture staplers, nails and screws is prohibited.
Items brought along must be removed immediately by the contractual partner after the event.
If the removal does not take place immediately, the innkeeper has the option of having this carried out by a third party at the contractual partner’s expense or of charging room rent for storage.
§ 11 Rights of the innkeeper
11.1 If the contractual partner refuses to pay the stipulated fee or is in arrears, the innkeeper is entitled to the statutory right of retention
§ 471 ABGB to the items brought in by the contractual partner or the guest.
The innkeeper is also entitled to this right of retention to secure his claims from the hospitality contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
11.2 If the innkeeper fulfills special requests from the contractual partner or guest, the innkeeper is entitled to charge a special fee for this.
However, this special fee or the method of calculation must be disclosed to the guest/contractual partner before the service is provided by the innkeeper.
The innkeeper can also refuse these services for operational reasons.
11.3 The innkeeper has the right to billing or interim billing for his services at any time.
§ 12 Obligations of the innkeeper
12.1 The innkeeper is obliged to provide the agreed services to an extent that corresponds to his standard.
12.2 The statutory warranty provisions apply.
§ 13 Limitations of liability
13.1 If the contractual partner is a consumer, the innkeeper’s liability – including for items brought in – for slight negligence, with the exception of personal injury, is excluded.
13.2 If the contractual partner is an entrepreneur, the liability of the innkeeper and his vicarious agents – including for items brought in – for slight and gross negligence is excluded.
In this case, the contractual partner bears the burden of proof for the existence of fault.
Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated.
The damage to be compensated is in any case limited to the amount of the trust interest.
13.3 We are not liable for lost items belonging to the guest/contractual partner.
13.4 The innkeeper endeavors to immediately eliminate malfunctions in technical equipment and other facilities provided directly by the innkeeper.
The innkeeper is not liable for failures of these facilities, as well as the electricity network or other infrastructural areas Facilities.
13.5 Liability is excluded in any case if the contractual partner and/or guest does not immediately notify the innkeeper of the damage that has occurred after becoming aware of it.
Furthermore, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest;
otherwise the right is extinguished.
§ 14 Animal husbandry
14.1 Animals may only be brought into the catering establishment with the prior consent of the innkeeper and, if necessary, for a special fee.
14.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.
14.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals.
Proof of the relevant insurance must be provided at the request of the innkeeper.
14.4 The contractual partner or its insurer is jointly liable to the innkeeper for any damage caused by animals brought along.
The damage also includes, in particular, those compensation services that the innkeeper has to provide to third parties.
§ 15 vouchers
15.1 Vouchers of any kind will not be redeemed in cash.
The period of validity of vouchers is set out and defined on the respective voucher, whereby they must be redeemed or exchanged no later than 5 years from the date of issue.
If vouchers of any kind are lost, the innkeeper will not provide any compensation.
§ 16 Amendment to the hospitality contract
16.1 The contractual partner has no right to have the type and extent of the hospitality changed.
If the contractual partner announces his wish to amend the hospitality contract in good time, the innkeeper can agree to the amendment to the hospitality contract.
The innkeeper is under no obligation to do so.
16.2 The innkeeper can provide the contractual partner or guests with different hospitality (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
An objective justification is given, for example, if a certain room(s) has become unusable, guests already present extend their stay, there is overbooking or other important operational measures require this step.
Any additional expenses for replacement catering will be borne by the innkeeper.
§ 17 Termination of the hospitality contract – early termination
17.1 If the contractual partner or his guests do not appear, the innkeeper is entitled to demand the agreed fee subject to point 17.3.
17.2 The innkeeper is entitled to terminate the hospitality contract for good cause, in particular if the contractual partner or the guest
a) makes significantly detrimental use of the premises or is inconsiderate, offensive or otherwise grossly improper behavior insults the other guests, the owner, his people or is guilty of a punishable act against the property, morals or physical safety towards these people;
b) is affected by an infectious disease or an illness that extends beyond the period of hospitality or otherwise requires care;
c) the submitted invoices are not paid when due within a reasonable deadline (3 days).
If the hospitality contract is terminated for good cause, the contractual partner is obliged to pay the fee subject to point 17.3.
17.3 The innkeeper will deduct what he saves as a result of not using his services or what he received through other entertainment.
There is only a saving if the catering establishment is fully occupied at the time the catering ordered by the guest is not used and additional guests can be entertained due to the contractual partner’s non-appearance.
The contractual partner bears the burden of proof for the savings.
17.4 If the fulfillment of the contract becomes impossible due to an event that can be viewed as force majeure (e.g. natural events, strikes, lockouts, delivery boycotts, official orders, etc.), the innkeeper can terminate the hospitality contract at any time, provided that the contract is not already considered dissolved by law or the innkeeper is released from his obligation to provide hospitality.
Any claims for damages etc. of the contractual partner are excluded.
§ 18 Illness, accident or death of the guest during the hospitality
18.1 If a guest falls ill/has an accident during their stay in the hospitality establishment, the innkeeper will provide medical care at the guest’s request.
If danger is imminent, the innkeeper will arrange for medical care even without the guest’s special request, especially if this is necessary and the guest is unable to do so himself.
18.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the innkeeper will provide medical treatment at the guest’s expense.
However, the scope of these care measures ends at the point at which the guest can make decisions or the relatives have been notified of the illness/accident.
18.3 The innkeeper has claims for compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for patient transport, medication and medical aids;
b) room disinfection that has become necessary;
c) restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness, accident or death;
d) Fee for hospitality services used by the guest, plus any costs associated with the unusability of the rooms due to disinfection, evacuation, etc.;
e) any other damages incurred by the innkeeper.
§ 19 Place of performance, place of jurisdiction and choice of law
19.1 Place of performance is the place where the catering establishment is located.
19.2 This contract is subject to Austrian formal and substantive law to the exclusion of all rights the rules of international private law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
19.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the innkeeper, whereby the innkeeper is also entitled to assert his rights at any other local and subject-matter competent court.
19.4 If the hospitality contract was concluded with a contractual partner who is a consumer and has his place of residence or habitual residence in Austria, legal action against the consumer can only be brought at the consumer’s place of residence, habitual residence or place of employment.
19.5 If the hospitality contract was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and substantive jurisdiction for the consumer’s place of residence has exclusive jurisdiction for actions against the consumer.
§ 20 Miscellaneous
20.1 All changes to the hospitality contract must be made in writing by the contractual partner.
20.2 Unless the above provisions provide for something special, the running of a deadline begins with delivery of the document specifying the deadline to the contractual partner, who must comply with the deadline.
When calculating a period that is determined in days, the day on which the time or event falls is not taken into account, according to which the start of the period should be based.
Deadlines determined by weeks or months refer to those days of the week or month which, by its name or number, correspond to the day from which the deadline is to be counted.
If this day is missing in the month, the last day of that month is decisive.
20.3 Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
20.4 The innkeeper is entitled to offset the contractual partner’s claims with his own claims.
The contractual partner is not entitled to set off his own claims against the innkeeper’s claims;
This does not apply to consumers if the innkeeper is insolvent or the contractual partner’s claim has been determined by a court or recognized by the innkeeper.
20.5 In the event of gaps in the regulations, the relevant legal provisions apply.
