General Terms and Conditions of the TAUERN SPA World Betriebs GmbH & Co KG
1. Area of application
1.1 These General Terms and Conditions regulate the mutual rights and obligations between the accommodation provider and the guest.
1.2 These General Terms and Conditions shall not affect the right to conclude special agreements. Insofar as a special agreement concluded with the guest is in conflict with these General Terms and Conditions, this special agreement shall take precedence over these General Terms and Conditions. The provisions of these General Terms and Conditions not affected by the special agreement shall remain in full force and effect.
2. Definitions of terms
2.1 Definitions of terms:
"Accommodation Provider": A natural or legal person who accommodates guests for a fee.
"Guest": A natural person who makes use of accommodation. As a rule, the guest is also the contracting party. The term "guest" also includes those persons who arrive with the contracting party (e.g. family members, friends, etc.).
"Contracting Party": A natural or legal person, domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.
"Consumer" and "Company": These terms shall be understood in the sense of the Austrian Consumer Protection Act (KSchG).
"Accommodation Agreement": The contract concluded between the accommodation provider and the contracting party, the content of which is set out in detail below.
3. Completion of contract – deposit
3.1 The Accommodation Agreement shall be considered completed upon acceptance of the Contracting Party's order by the Accommodation Provider. Digital declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the published business hours of the Accommodation Provider.
3.2 The Accommodation Provider shall be entitled to conclude the Accommodation Agreement and any agreements on the provision of event/seminar rooms on the condition that the Contracting Party pays a deposit. In this case, the Proprietor is obliged to inform the Contracting Party of the required deposit before accepting the written or oral order from the Contracting Party. If the Contracting Party agrees to the deposit (in writing or orally), the Accommodation Agreement shall be considered completed when the Accommodation Provider has received the deposit from the Contracting Party.
3.3 The Accommodation Provider must receive the deposit at least 7 days before the scheduled day of arrival. Any bank transfer or transaction costs (e.g. transfer charges) shall be borne by the Contracting Party. For credit and debit cards, the respective conditions of the card companies apply.
3.4 The deposit is a downpayment on the total sum.
4. Begin and end of stay
4.1 The Contracting Partner shall have the right to move into their room(s) from 15:00 on the agreed day of arrival ("arrival day") unless the Accommodation Provider offers a different time at which the rooms can be made available.
4.2 If the Contracting Party moves into a room before 06:00, the previous night shall count as the first night of the stay.
4.3 The Contracting Party's room(s) shall be vacated by 11.00 on the day of departure. The Accommodation Provider shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.
5. Withdrawal from the agreement – cancellation fee
Withdrawal from the agreement by the Accommodation Provider
5.1 If the Accommodation Agreement provides for a deposit and if the deposit has not been paid by the Contracting Party in due time, the Accommodation Provider may withdraw from the contract without granting a grace period.
5.2 If the Guest does not arrive by 18:00 on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the Contracting Party has paid a deposit (see 3.2), on the other hand, the room(s) shall remain reserved until 11.00 at the latest on the day following the agreed day of arrival. In the event of advance payment of more than four days, the obligation to provide accommodation shall end at 18:00 on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest gives notice of a later day of arrival.
5.4 Up to 3 months at the latest before the agreed date of arrival of the Contracting Party, the Accommodation Agreement may be terminated unilaterally by the Accommodation Provider for objectively justified reasons, unless otherwise agreed.
Withdrawal from the agreement by the Contracting Party – cancellation fee
5.5 Up to 30 days at the latest before the agreed date of arrival of the Guest, the Accommodation Agreement can be cancelled unilaterally by the Contracting Party without payment of a cancellation fee.
5.6 Outside the period stipulated in point 5.5, unilateral withdrawal from the Accommodation Agreement by the Contracting Party is only possible upon payment of the following cancellation fees:
- up to 48 hours BEFORE scheduled arrival: free of charge
- no free cancellation on Non-Refundable-Rates and Stay More Pay Less deals
- cancellations made less than 48 hours before scheduled arrival and failure to arrive at the hotel without cancellation will result in a cancellation fee being charged to the Contracting Party totalling 100% of the services booked.
Christmas / New Year's Eve
Free cancellation possible up to 14 days before scheduled arrival. Cancellations made 13 days before arrival or less as well as failure to arrive at the hotel without cancellation will result in a cancellation fee being charged to the Contracting Party totalling 100% of the services booked.
Events & sports camps
Special cancellation conditions apply to events & sports camps gelten. These will be communicated through the respective package / event organiser.
Problems travelling to the accommodation
5.7 If the Contracting Party is unable to arrive at the accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.) which make all means of arrival impossible, the Contracting Party shall not be obliged to pay for the accommodation booked on these extra travel days. However, the Contracting Party shall be obliged to inform the Accommodation Provider immediately of the occurrence of such an event, if possible.
5.8 The obligation to pay for the booked stay shall begin once again from the time of arrival if arrival at the accommodation becomes possible again within three days.
5.9 Treatments (massage/beauty treatments, therapy treatments) can be cancelled unilaterally by the Contracting Partner up to 24 hours before the scheduled appointment without payment of a cancellation fee. After this time, treatments must be paid for in full.
5.10 Event/seminar rooms booked by the Contracting Party may be cancelled unilaterally by the Contracting Party applying the cancellation provisions of points 5.5 and 5.6 mutatis mutandis. Third-party services ordered by the Contracting Party (e.g. special equipment for presentations, catering, etc.) shall be paid by the Contracting Party after cancellation to the extent that the Accommodation Provider has to pay costs/remuneration to this third party. However, the Accommodation Provider shall endeavour to cancel these third-party services with the third party within 5 calendar days after cancellation by the Contracting Party.
6. Provision of alternative accommodation
6.1 The Accommodation Provider may provide the Contracting Party or the Guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Contracting Party, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has/have become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this measure.
6.3 The Accommodation Provider shall cover any additional costs arising from the provision of alternative accommodation.
7. Rights of the Contracting Party
7.1 By entering into an Accommodation Agreement, the Contracting Party acquires the right to use of the room(s) booked, the facilities of the accommodation which are usually accessible to guests without special conditions, and to the usual services.
7.2 The Contracting Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
8. Obligations of the Contracting Party
8.1 The Contracting Party shall be obliged to pay no later than at the time of departure the agreed fee plus any additional amounts which have arisen due to separate use of services by the Contracting Party and/or the Guests accompanying the contracting party plus statutory VAT. Payments can be made in cash, by Maestro (debit card) or using any of the following credit cards: American Express, MasterCard, Diners Club, VISA. Payment with vouchers or vouchers issued or accepted by the Accommodation Provider shall be deemed equivalent to payment in cash.
8.2 The Accommodation Provider is not obliged to accept foreign currencies. If the Accommodation Provider accepts foreign currencies in individual cases, these shall be subject to the exchange rate of the day. The Contracting Party shall bear all related costs such as enquiries with credit card companies, exchange fees, telegrams, etc.
8.3 The Contracting Party shall be liable to the Accommodation Provider for any damage caused by the Contracting Party or Guests or other persons who accept services from the Accommodation Provider with the knowledge or will of the Contracting Party.
9. Rights of the Accommodation Provider
9.1 If the Contracting Party refuses to pay the agreed remuneration or is in arrears with this remuneration, the Accommodation Provider shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items of the Contracting Party or the Guest. The Accommodation Provider shall furthermore be entitled to this right of retention or lien in order to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Contracting Party and for any claims for compensation of any kind.
9.2 If service is requested in the room of the Contracting Party or at unusual times of the day (after 20:00 and before 06:00), the Accommodation Provider shall be entitled to charge a special fee for this. However, this extra fee shall be indicated on the room rate card or in the room information folder. The Accommodation Provider may also refuse these services for operational reasons.
9.3 The Accommodation Provider shall be entitled to ask for payment of its services at any time.
10. Obligations of Accommodation Provider
10.1 The Accommodation Provider shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Accommodation Provider that are subject to an extra fee and are not included in the accommodation price must be clearly indicated as such and must be paid for separately.
11. Liability of Accommodation Provider for items brought to the accommodation
11.1 The Accommodation Provider shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought to the accommodation by the Contracting Party. The Accommodation Provider shall only be liable if the items have been handed over to the Accommodation Provider or persons authorised by the Accommodation Provider or have been taken to a place instructed or designated by the Accommodation Provider. If the Accommodation Provider is unable to provide proof, the Accommodation Provider shall be liable for his own fault or the fault of his staff as well as of the persons entering and leaving the accommodation. The Accommodation Provider shall be liable pursuant to Section 970 (1) of the Austrian Civil Code (ABGB) up to a maximum amount of EUR 550. If the Contracting Party or the Guest fails to comply with the Accommodation Provider's request to deposit their belongings in a special storage place, the Accommodation Provider shall be released from any liability. The amount of any liability of the Accommodation Provider shall be limited to a maximum of the liability insurance sum of the respective Accommodation Provider. Any fault on the part of the Contracting Party or Guest shall be taken into account.
11.2 The Accommodation Provider shall not be liable for slight negligence. If the Contracting Party is a Company, liability shall also be excluded for gross negligence. In this case, the Contracting Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
11.3 The Accommodation Provider shall only be liable for valuables, money and securities up to the current amount of EUR 550. The Accommodation Provider shall only be liable for any damage exceeding this amount in the event that it has taken posession of these items for safekeeping with knowledge of their condition or in the event that the damage was caused by the Accommodation Provider itself or a member of its staff. The limitation of liability pursuant to points 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The accommodation provider may refuse the safekeeping of valuables, money and securities if the items in question are considerably more valuable than those normally deposited for safekeeping by guests staying at the accommodation establishment in question.
11.5 If the Accommodation Provider does accept to look after the item(s), liability shall be excluded if the Contracting Party and/or Guest does not immediately notify the Accommodation Provider of the damage incurred as soon as the Contracting Party and/or Guest becomes aware of it. Moreover, such claims shall be asserted in court within three years from the date of the Contracting Party and/or Guest becoming aware of the damage or from which the Contracting Party and/or Guest could have become aware of the damage. Failure to assert such rights in court within three years shall result in forfeiture of this right.
12. Limitations on liability
12.1 If the Contracting Party is a Consumer, the Accommodation Provider shall assume no liability for slight negligence, with the exception of personal injury.
12.2 If the Contracting Party is a Company, the Accommodation Provider shall assume no liability for slight and gross negligence. In this case, the Contracting Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The amount reimbursed shall in any case be limited to the value of the damage incurred based on the terms of the agreement ("Vertrauensinteresse").
13. Accommodation of animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the Accommodation Provider and, where relevant, in return for an extra fee.
13.2 Contracting Partners who bring animals to the accommodation are obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by suitable third parties at their own expense.
13.3 Contracting Parties or Guests who bring animals to the accommodation must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of this insurance must be provided at the request of the Accommodation Provider.
13.4 The Contracting Party or its insurer shall be jointly and severally liable to the Accommodation Provider for any damage caused by animals brought to the accommodation. This shall in particular also include any compensation payments to be made by the Accommodation Provider to third parties.
13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and spa areas.
14. Extension of accommodation period
14.1 The Contracting Party has no automatic right to extend his/her stay. If the Contracting Party gives notice of a wish to extend the stay in due time, the Accommodation Provider may agree to the extension of the Accommodation Agreement. However, the Accommodation Provider shall not be obliged to do so.
14.2 If the Contracting Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.) and all possibilities of departure are blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration during which departure is impossible. A reduction of the fee for this period shall only be possible if the Contracting Party is unable to make full use of the services offered by the accommodation due to the extraordinary weather conditions. The Accommodation Provider shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.
15. Termination of Accommodation Agreement – premature termination
15.1 If the Accommodation Agreement has been concluded for a defined period of time, it shall expire at the end of this period.
15.2 If the Contracting Party leaves the accommodation before the scheduled end of the stay, the Accommodation Provider shall be entitled to demand payment for the full period booked. The Accommodation Provider shall deduct the amount saved as the result of the non-utilisation of services or the amount received by renting out the rooms to another party. A saving shall only be deemed to exist if the Accommodation Provider is fully booked at the time of the non-utilisation of the rooms booked by the guest and the room can be rented out to further guests due to the cancellation by the Contracting Party. The burden of proof that a saving has been made shall be borne by the Contracting Party.
15.3 The Accommodation Agreement with the Accommodation Provider shall end with the death of a Guest.
15.4 If the Accommodation Agreement has been concluded for an indefinite period of time, the contracting parties may terminate the contract by 10:00 on the third day before the intended end of the agreement.
15.5 The Accommodation Provider shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, in particular if the Contracting Party or the Guest
a) makes considerably detrimental use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together unpleasant for the other guests, the owner, his people or third parties residing in the accommodation, or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease lasting beyond the period of accommodation, or otherwise becomes in need of medical care;
c) fails to pay invoices provided within a reasonable period (3 days).
15.6 If it becomes impossible to meet the terms of the Accommodation Agreement due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Accommodation Provider may terminate the Accommodation Agreement at any time without observing a notice period, unless the contract is already deemed to be terminated by law or the Accommodation Provider is exempt from his obligation to provide accommodation. The Contracting Party shall have no claims for damages, etc., whatsoever.
16. Place of jurisdiction, court of jurisdiction and applicable law
16.1 The place of jurisdiction is the place where the accommodation is located.
16.2 This agreement is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular International Private Law Act and Convention on the Law Applicable to Contractual Obligations) as well as the UN Convention on Contracts for the International Sale of Goods.
16.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered location of the Accommodation Provider, whereby the Accommodation Provider shall also be entitled to assert its rights at any other local and competent court.
17. Further provisions
17.1 Unless the above provisions state otherwise, all periods of time shall commence with the delivery of the document setting out the period to the Contracting Party to whom the period applies. If a period of time is calculated in days, the day on which the point in time or the event falls according to which the beginning of the time period is to be determined shall not be included in the calculation. Periods determined by weeks or months refer to that day of the week or month which by its name or number corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month shall apply.
17.2 Declarations must be received by the respective other contracting party on the last day of the period (24:00, midnight).
17.3 The Accommodation Provider shall be entitled to set its own claims against claims of the Contracting Party. The Contracting Party shall not be entitled to set its own claims against claims of the Accommodation Provider, unless the Accommodation Provider is insolvent or the Contracting Party's claim has been determined by a court of law or recognised by the Accommodation Provider.
17.4 In the event of loopholes, the relevant statutory provisions shall apply.
17.5 Validity of service vouchers
Service vouchers have a price validity of 1 year and will be accepted for 5 years from the date of issue. Prices may increase. No cash payment or partial refund is possible.
18. Covid-19 information
In the wake of the Covid-19 epidemic, we comply with the legal requirements and the recommendations of the Austrian Ministry of Health. In addition we also take our own preventive measures to minimise risk. For this reason we reserve the right to change or limit services at short notice.
19. VAMED VitalityClub
These General Terms and Conditions also apply to the VAMED VitalityClub - CLICK HERE.