Terms & Conditions
1. Scope of application
1.1 These terms & conditions regulate the mutual rights and duties of hotelier and guest.
1.2 The right to transact special agreements is not affected by these terms & conditions. Thus in the event of a special agreement made with a guest that is in contradiction with these terms & conditions, the special agreement will take precedence over these terms & conditions. Terms of the special agreement not affected by these terms & conditions remain valid in full.
2. Definition of terms
2.1 Definitions of terms:
"Hotelier”: is an individual person or corporate entity providing accommodation for payment. “Guest”: is an individual who makes use of the accommodation. The guest is normally also the contractual partner. Guests may also be persons who arrive with the contractual partner (e.g. family members, friends, etc). “Contractual partner”: is an individual or corporate entity from home or abroad who/which enters upon an accommodation agreement as a guest or on behalf of a guest. "Consumer" and "entrepreneur": These terms shall be construed as defined by the Consumer Protection Act. "Accommodation agreement": is an agreement between the hotelier and the contractual partner the contents of which are defined in more detail as follows.
3. Conclusion of the agreement – deposit
3.1 The accommodation agreement arises through acceptance by the hotelier of the contractual partner’s order. Electronic statements are deemed to be valid if the party for whom it is intended can retrieve this under normal circumstances and access takes place within the hotelier’s disclosed business hours.
3.2 The hotelier is entitled to conclude the accommodation agreement or the agreement for provision of events/conference rooms on condition that the contractual partner pays a deposit. In this case the hotelier is obliged to refer the contractual partner to the necessary deposit before receipt of the order in writing or by word of mouth. If the contractual partner declares him/herself in agreement with this deposit (in writing or by word of mouth), the accommodation agreement is concluded when the contractual partner’s declaration of agreement on the payment of the deposit is received.
3.3 The contractual partner is obliged to pay the deposit at the latest 7 days (receipt) before the accommodation date. The contractual partner shall bear the cost of the money transaction (e.g. transfer costs). Credit and debit cards are subject to the terms & conditions of the issuing companies.
3.4 The deposit is a partial payment of the agreed remuneration.
4. Beginning and end of accommodation provision
4.1 The contractual partner is entitled to access his/her room from 15.00 on the agreed day (“day of arrival”) unless the hotelier has offered a different time for room access.
4.2 If a room is first accessed before 6.00 in the morning, the previous night is deemed to be the first overnight stay.
4.3 The rented rooms shall be vacated by the contractual partner before 11.00 on the day of departure. The hotelier is entitled to charge the room price for another day if the rented rooms are not vacated in due time.
5. Withdrawal from the contract – cancellation fee
Withdrawal by the hotelier
5.1 If the accommodation agreement provides for a deposit and the deposit has not been paid in due time, the hotelier is entitled to withdraw from the contract without a period of grace.
5.2 If the guest has not appeared by 18.00 on the day of arrival, there is no obligation to accommodate unless a later arrival time has been agreed.
5.3 If the contractual partner has paid a deposit (see 3.2), the premises remain reserved until at the latest 11.00 of the day following the agreed arrival day. If advance payment was made for more than four days, the obligation to accommodate ends after 18.00 on the fourth day where the arrival day was reckoned to be the first day, unless the guest has announced a later arrival day.
5.4 The hotelier can unilaterally dissolve the accommodation agreement at the latest 3 months before the agreed arrival day for objectively justifiable reasons, unless there is a different agreement.
Withdrawal by the contractual partner – cancellation fee
5.5 The contractual partner can unilaterally dissolve the accommodation agreement up to at the latest 30 days before the arrival day of the guest, without payment of a cancellation fee.
5.6 Apart from for the period defined by point 5.5, withdrawal from the accommodation agreement by a unilateral declaration on the part of the contractual partner may only take place on payment of the following cancellation fees:
- 29 to 10 days before the day of arrival: 50%;
- 9 days to 4 days before the day of arrival: 70%;
- 3rd or 2nd day before the day of arrival: 90%;
- on the arrival day itself: 100%.
In every case this is a percentage of the total agreed price.
Hindrance to arrival
5.7 If the contractual partner cannot appear at the accommodating establishment on the date of arrival because unforeseeable and extraordinary circumstances (e.g. extreme snowfall, flooding etc) make all possibilities for reaching the establishment unfeasible, the contractual partner is not obliged to pay the agreed remuneration for the dates of arrival. However, the contractual partner is obliged as far as is humanly possible to inform the hotelier immediately of the occurrence of such an event.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as arrival becomes possible again provided that it becomes possible within three days.
5.9 The contractual partner may unilaterally cancel treatments (massage/beauty treatments, therapy treatments) up to 24 hours before the agreed date of the treatment without incurring a cancellation fee. After this time cancelled treatments must be paid for in full.
5.10 Events/conference rooms booked by the contractual partner can be cancelled by him unilaterally by careful application of cancellation regulations in points 5.5 and 5.6. Third-party services ordered by the contractual partner (e.g. special presentation electronics, catering etc) must be paid by the contractual partner in the amount the hotelier has to pay the third party in remuneration. However, the hotelier will endeavour to cancel third party services with the third party within 5 calendar days after cancellation by the contractual partner.
6. Provision of substitute accommodation
6.1 The hotelier can make available to the contractual partner or guests adequate substitute accommodation (of the same quality) if the contractual partner deems this reasonable, especially if the discrepancy is negligible and objectively justifiable.
6.2 Objective justification is met, for example, if the room (premises) has/have become uninhabitable, guests already there have extended their stay; there is overbooking or other significant reasons why the establishment has to take these steps.
6.3 Any extra expenses arising from the substitute accommodation shall be borne by the hotelier.
7. Rights of the contractual partner
7.1 Upon conclusion of the accommodation agreement, the contractual partner acquires the right to normal use of the rented premises, the facilities of the accommodating establishment which normally and without any special conditions are available for use by guests, and to the usual services.
7.2 The contractual partner can exercise his/her rights in compliance with any hotel and/or guest regulations (rules of the house).
8. Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts that have arisen from the use of special services by the contractual partner and/or his/her accompanying guests plus any applicable VAT at the latest by the date of departure. Payments must be made in cash, by Maestro (cash card) or by the following credit cards: American Express, MasterCard, Diners Club, and VISA. Payment by voucher issued by the establishment or vouchers accepted by the establishment shall be seen as payment in cash.
8.2 The hotelier is not obliged to accept foreign currency. If in individual cases the hotelier does accept foreign currency, such payment will be in accordance with the exchange rate on the day of payment. The contractual partner shall bear all associated costs, for instance for inquiries at credit card companies, foreign exchange commissions, telegrams, etc.
8.3 The contractual partner shall be liable towards the hotelier for any damage caused by themselves or the guest or any other persons that receive the services of the hotelier with the knowledge or in accordance with the intention of the contractual partner.
9. Rights of the hotelier
9.1 If the contractual partner refuses to pay the agreed remuneration or he/she is in arrears with payment, the hotelier shall be entitled to make use of legal right of retention in accordance with § 970c AGBG [Austrian Civil Code] and legal right of lien in accordance with § 1101 AGBG [Austrian Civil Code] with respect to items brought along by the contractual partner or the guest. This legal right of retention or lien is moreover a safeguard for the hotelier for the debt ensuing from the accommodation agreement, especially for food, and other outlays made on behalf of the contractual partner and for any possible claims for compensation of any kind.
9.2 If the contractual partner requires service in the room or at unusual times of the day (after 20.00 or before 6.00), the hotelier is entitled to charge a special supplement. However, such special remuneration must be published on the room price board or in a room information folder. The hotelier cannot refuse these services for operational reasons.
9.3 The hotelier has the right to demand settlement of the account or an interim account for services at any time.
10. Obligations of the hotelier
10.1 The hotelier is obliged to render the services agreed to an extent appropriate to his standards.
10.2 Special services that are obligatorily chargeable and which are not included in the accommodation price shall be payable separately.
11. Liability of the hotelier for damage to items brought on to the premises
11.1 The hotelier is liable in accordance with §§ 970 ff ABGB [Austrian Civil Code] for items brought on to the premises by the contractual partner. The hotelier is liable only if the items have been given to the hotelier or to those authorized by the hotelier or deposited in a place assigned by such or intended for such purpose. Unless the hotelier provides other evidence, he/she shall be liable for his/her own fault or the fault of vicarious agents and visitors. The hotelier is liable in accordance with § 970 Abs 1 ABGB [Austrian Civil Code] for an amount not exceeding 550. -- EURO. If the contractual partner or the guest does not comply immediately with the hotelier’s request for their items to be left in a particular repository, the hotelier is exempt from any liability. The amount of any liability of the hotelier shall be limited to a maximum of the sum insured under the third-party liability insurance of such hotelier. Any fault of the contractual partner shall be taken into account.
11.2 The liability of the hotelier for ordinary negligence is excluded. If the contractual partner is an entrepreneur liability for gross negligence is also excluded. In this case the burden of proof to show the fault rests with the contractual partner. No consequential and indirect damage and no loss of profits shall be reimbursed.
11.3 The hotelier shall only be liable for valuables, money and securities up to an amount of currently 550.-- EURO. The hotelier is liable for any exceeding damage if he had taken these items in the knowledge of their nature to hold them in trust or if the damage was caused by himself/herself or one of his/her staff members. Limitation of liability in accordance with 12.1 und 12.2 shall apply accordingly.
11.4 The hotelier can refuse to take on the safekeeping of valuables, money and securities if they are substantially more valuable than those normally handed over by guests in the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the contractual partner and/or guest do not report the damage to the accommodating provider immediately it has become known. Moreover, claims must be enforced through the courts by the contractual partner or the guest within three years after knowledge of the damage or possibility of knowledge; otherwise the right expires.
12. Limitation of liability
12.1 If the contractual partner is a consumer the liability of the hotelier for normal negligence, with the exception of personal injuries, is excluded.
12.2 If the contractual partner is an entrepreneur, the liability of the hotelier for normal and gross negligence is excluded. In this event the burden of proof to show fault rests on the contractual partner. No consequential and indirect damage and no loss of profits shall be reimbursed. The damage to be reimbursed shall in any case be limited to the amount of the damage incurred because the party has relied on the validity of the agreement.
13. Keeping animals
13.1 Animals may only be brought to the accommodating establishment with prior agreement of the hotelier and sometimes against special remuneration.
13.2 The contractual partner bringing in the animal shall be obliged to properly keep and/or supervise the animal or to have it kept and/or supervised by a suitable third party during his/her stay at his/her own expense.
13.3 The contractual partner or guest bringing an animal in has to have personal liability insurance or a private personal liability insurance that covers any potential damage caused by animals. Proof of such insurance shall be produced upon request by the hotelier.
13.4 The contractual partner or his insurer shall be liable towards the hotelier undividedly for damage caused by the animal brought in. Damage includes in particular compensation that the hotelier has to provide to third parties.
13.5 Animals are not to be kept in parlours, lounges and restaurant rooms and wellness areas.
14. Extension of the accommodation
14.1 The contractual partner does not have the right to demand his/her stay be extended. If the contractual partner informs the hotelier in time that he/she wishes to extend their stay, the hotelier may consent to an extension of the accommodation agreement. The hotelier has no obligation to do so.
14.2 If the contractual partner is not able to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc) whereby all means of travel are blocked or unusable the accommodation agreement will be automatically extended for the period in which it is impossible to travel. A reduction in remuneration for this period is only possible if the contractual partner is unable to fully use the services offered by the accommodating establishment due to the extraordinary weather conditions. The hotelier shall be entitled to request such payment as corresponds to the normal off-season price.
15. Termination of the accommodation agreement – early cancellation
15.1 If the accommodation has been made for a definite term, it ends when this time has expired.
15.2 If the contractual partner departs prematurely, the hotelier shall be entitled to claim the full remuneration agreed upon. The hotelier shall deduct that part he/she has saved by not rendering the services concerned or what he/she has obtained by another letting of the ordered rooms. Such savings shall only be deemed to exist if the capacities of the accommodating establishment during the period of the non-use of the ordered room by the guest are fully used and the premises can be let to other guests due to cancellation by the contractual partner. The burden of proof of saving rests with the contractual partner.
15.3 The contract with the hotelier ends with the death of the guest.
15.4 If the accommodation agreement has been made for an indefinite period of time, the contractual parties can terminate the agreement by 10 a.m. of the third day preceding the intended end of the agreement.
15.5 The hotelier shall be entitled to terminate the accommodation agreement with immediate effect for important reasons, particularly if the contractual partner or guest
a) makes a considerable detrimental use of the premises, or through his inconsiderate, objectionable or otherwise inappropriate behaviour spoils the collective living experience of the other guests, the owner, his/her staff or third parties staying in the accommodating establishment or is guilty of punishable threatening behaviour against the property, morality or physical security towards these persons;
b) is affected by an infectious disease or a disease the duration of which exceeds the term of the accommodation agreement 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 fulfilment of the agreement is impossible due to an event (force majeure) regarded as unforeseeable (e.g. natural hazard events, strike, lock-out, decisions by authorities), the hotelier can terminate an accommodation agreement without notice unless the agreement is already deemed terminated according to the law, or the hotelier is released of his/her obligation to accommodate. Any claims for damages etc by the contractual partner shall be excluded.
16. Place of performance, court of jurisdiction and choice of applicable law
16.1 Place of performance is the place where the accommodating establishment is located
16.2 This agreement 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) as well as the UN Sales Convention.
16.3 If the contractual partner is an entrepreneur the exclusive place of jurisdiction shall be the domicile of the hotelier, however the hotelier is entitled to make claims before any other court.
17.1 Unless otherwise specified in the above provisions, the period of time begins with delivery of the document by which such time limit is instructed to the contractual partner who is obliged to comply with the period of time. When calculating a time limit that is defined by days, the day of the moment or event to which the start of the time limit refers, is not included in the calculation. Time limits based on weeks or months refer to that day of the week or the month that corresponds to the day that starts the time period. Where such a day does not occur in that month, the last day of that month shall be effective.
17.2 Declarations shall be received by any other contractual partner on the last day of the time period (24.00 hr).
17.3 The hotelier shall be entitled to offset his/her own claims against the claims of the contractual partner. The contractual partner is not entitled to offset his/her own claims against the hotelier’s claims unless the hotelier is insolvent or the claim of the contractual partner has been established by the court.
17.4 In the event of loopholes, relevant legal provisions shall apply.