GTC

In addition to the GTC listed below, the following regulations are deemed to have been agreed for online bookings:

In addition to the GTC listed below, the following regulations are deemed to have been agreed for online bookings:

We expressly point out that for online bookings or accommodation contracts that are concluded by way of distance selling, there is no right of withdrawal within 14 days from the conclusion of the contract and that our cancellation conditions are expressly agreed. Our cancellation conditions replace the right of withdrawal in accordance with the European Union Consumer Rights Directive.

Due to the system, it is possible that a room can also be booked online if a move to another room of the same category is necessary during the stay. We would of course inform you of this immediately and clarify this with you.

If there are incorrect bookings (price or period) or overbookings due to a system error or mistake, we can declare the booking to be invalid within 48 hours. We would of course also inform you immediately and clarify this with you.

Please check your booking confirmation:

• Date of arrival and departure
• Number of persons + age of children
• booked room type

If more people are travelling than stated on the booking confirmation, or if the age of the children has been stated incorrectly, the room price (plus any local tax) will be adjusted by us according to our price list. We also reserve the right to adjust the room category (upgrade or downgrade with price adjustment) if this is necessary.

However, if this is not possible due to the booking situation, the booking is considered cancelled and, in accordance with our cancellation conditions, cancellation charges of 90% of the total package price become due. Therefore, please carefully check the information contained in the booking confirmation.

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE HOTEL INDUSTRY 2006

(GTCH 2006)
Version dated 15/11/2006

§ 1 Scope of application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "GTCH 2006") replace the previous ÖHVB in the version dated 23 September 1981.

1.2 The GTCH 2006 do not exclude special agreements. The GTCH 2006 are subsidiary to the agreements made in detail.

§ 2 Definition of terms

2.1 Definition of terms:
“Accommodation Provider”: Is a natural or legal person who accommodates guests for a fee.
"Guest": Is a natural person who makes use of accommodation. As a rule, the guest is also a contractual partner. Those persons who travel with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
"Contractual partner": is a natural or legal person of the home or foreign country who concludes a contract for accommodation as a guest or for a guest.
"Consumer" and "entrepreneur": The terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended.
"Accommodation contract": This is the contract concluded between the Accommodation Provider and the Contractual Partner, the content of which is subsequently regulated in more detail.

§ 3 Conclusion of contract – Down payment

3.1 The accommodation contract is concluded by the acceptance of the order of the Contractual Partner by the Accommodation Provider. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access takes place during the announced business hours of the Accommodation Provider.

3.2 The Accommodation Provider is entitled to conclude the accommodation contract on condition that the Contractual Partner makes an advance payment. In this case, the Accommodation Provider is obligated to inform the Contractual Partner of the required advance payment before accepting the written or oral order of the Contractual Partner.

3.3 The Contractual Partner is obliged to pay the advance payment within 7 days of receipt of the reservation confirmation. The costs for the cash transaction (e.g. transfer expenses) shall be borne by the Contractual Partner. The respective conditions of the card companies apply to credit and debit cards.

3.4 The advance payment is a partial payment on the agreed remuneration.

§ 4 Start and end of accommodation

4.1 The Contractual Partner has the right, insofar as the Accommodation Provider does not offer any other reference time, to purchase the leased premises from 4:00 p.m. on the agreed day ("Arrival Date").

4.2 If a room is used for the first time before 6:00 a.m., the previous night counts as the first night.

4.3 The leased premises must be cleared by the Contractual Partner on the day of departure by 12:00 p.m. The provider is entitled to invoice another day if the leased premises are not released in a timely manner.

§ 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the Accommodation Provider
5.1 If the accommodation contract provides for an advance payment and if the advance payment was not made by the Contractual Partner in a timely manner, the Accommodation Provider may withdraw from the accommodation contract without a grace period.

5.2 If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

5.3 The accommodation contract may be dissolved by the Accommodation Provider by unilateral declaration no later than 3 months before the agreed arrival date of the Contractual Partner, for objectively justified reasons, unless otherwise agreed.

Withdrawal by the Contractual Partner – cancellation fee

5.5 The accommodation contract can be terminated by unilateral declaration by the Contractual Partner no later than 3 months before the agreed arrival date of the Guest without payment of a cancellation fee.

5.6 Outside of the period specified in § 5.5, withdrawal by unilateral declaration of the Contractual Partner is only possible with payment of the following cancellation fees:

• up to 1 month before the arrival date 40% of the total package price;
• up to 1 week before the arrival date 70% of the total package price;
• 90% of the total package price in the last week before the arrival day.

 
Impediments to arrival
5.7 If the Contractual Partner cannot appear in the accommodation facility on the day of arrival, because all arrival options are impossible due to unforeseeable extraordinary circumstances, the Contractual Partner is not obligated to pay the agreed fee for the days of arrival.

5.8 The obligation to pay remuneration for the booked stay is reactivated from the time of arrival if the trip is made possible within three days.

§ 6 Provision of replacement accommodation

6.1 The Accommodation Provider may provide the Contractual Partner or the guests with adequate replacement accommodation (of the same quality) if this is reasonable for the Contractual Partner, especially if the deviation is minor and objectively justified.

6.2 A factual justification is given, for example, if the room (the rooms) has (have) become unusable, if guests who have already been accommodated extend their stay, if there is an overbooking or if other important operational measures require this step.

6.3 Any additional expenses for the replacement accommodation shall be borne by 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 leased premises and the facilities of the accommodation facility that are available to the guests as standard and without special conditions, and the usual service. The Contractual Partner must exercise his/her rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contractual Partner

8.1 The Contractual Partner is obligated to pay the agreed fee plus any additional amounts that have arisen due to the separate use of the service by him/her and/or the guests accompanying him/her plus statutory VAT at the latest at the time of departure.

8.2 The Accommodation Provider is not obligated to accept foreign currencies. If the Accommodation Provider will accept foreign currencies as payment as far as possible in accordance with the daily exchange rate. If the Accommodation Provider accepts foreign currencies or cashless means of payment, the Contractual Partner shall bear all associated costs, such as enquiries on the part of credit card companies, telegrams, etc.

8.3 The Contractual Partner shall be liable to the Accommodation Provider for any damage caused by the Contractual Partner or the Guest or other persons who have received 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 remuneration stipulated or if he/she is in arrears, the Accommodation Provider is entitled to the statutory right of retention pursuant to § 970c ABGB (Allgemein Bürgerliches Gesetzbuch [Austrian Civil Code]), as well as the statutory lien pursuant to § 1101 ABGB to the items brought in by the Contractual Partner or the Guest. The Accommodation Provider is further entitled to this right of retention or lien to secure his/her claim from the accommodation contract, in particular for meals, other expenses incurred for the Contractual Partner and for any claims for compensation of any kind.

9.2 If the service is required in the room of the Contractual Partner or at extraordinary times of day (after 8 p.m. and before 6 a.m.), the Accommodation Provider is entitled to demand a special remuneration for this. However, this special fee must be indicated on the room price list. The Accommodation Provider can also refuse these services for operational reasons.

9.3 The Accommodation Provider is entitled to the right to invoice or interim settlement of his service at any time.

§ 10 Obligations of the Accommodation Provider

10.1 The Accommodation Provider is obligated to provide the agreed services in a scope corresponding to his/her standard.

10.2 Special services of the Accommodation Provider that must be listed separately, which are not included in the cost of the accommodation are, for example: 
 
a) Special accommodation services, which can be invoiced separately, such as the provision of salons, saunas, indoor swimming pool, swimming pool, solarium, garage, etc.;
b) for the provision of additional or children's beds, a reduced price will be charged.

§ 11 Liability of the Accommodation Provider for damage to items brought in

11.1 In accordance with §§ 970 et seq. ABGB, the Accommodation Provider is liable for the items brought in by the Contractual Partner. The liability of the Accommodation Provider is only given if the items were handed over to the Accommodation Provider or the people authorised by the Accommodation Provider, or were brought to a place instructed by or designated by the latter for this purpose. If the Accommodation Provider is unable to provide evidence of this, the Accommodation Provider is liable for his/her own liability or the liability of his/her people as well as the outgoing and incoming persons. In accordance with § 970 para. 1 ABGB, the Accommodation Provider is liable up to the amount determined in the Federal Act of 16 November 1921 on the liability of owners and other entrepreneurs in the respectively valid version. If the Contractual Partner or the Guest does not immediately comply with the request of the Accommodation Provider to store his/her items at a special storage location, the Accommodation Provider shall be released from any liability. The amount of any liability of the Accommodation Provider is limited to a maximum of the liability insurance sum of the respective Accommodation Provider. The liability of the Contractual Partner or guest must be taken into account.

11.2 The liability of the Accommodation Provider is excluded for slight negligence. If the Contractual Partner is an entrepreneur, liability for gross negligence is excluded. In this case, the Contractual Partner bears the burden of proof for the existence of culpability. Consequential damage or indirect damage as well as lost profits are not reimbursed under any circumstances.

11.3 For valuables, money and securities, the Accommodation Provider is only liable up to the amount of currently €550.00. The Accommodation Provider is only liable for damage beyond this in the event that he/she took over these items for storage in the clear knowledge of their condition or in the event that the damage was caused by him/her personally or one of his/her people. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The Accommodation Provider may refuse to store valuables, money and securities if they are substantially more valuable items than guests of the relevant accommodation establishment usually ask to be held in custody.

11.5 Liability is excluded in every case for the storage taken over if the Contractual Partner and/or guest does not immediately notify the Accommodation Provider of the damage incurred as soon as they become aware of it. In addition, these claims must be asserted in court within three years from the date of knowledge or possible knowledge by the Contractual Partner or guest; otherwise, the right has expired.

§ 12 Limitations of liability

12.1 If the Contractual Partner is a consumer, the liability of the Accommodation Provider for slight negligence, with the exception of personal injury, is excluded.

12.2 If the Contractual Partner is an entrepreneur, the liability of the Accommodation Provider for slight and gross negligence is excluded. In this case, the Contractual Partner bears the burden of proof for the existence of culpability. Consequential damage, intangible losses or indirect damage as well as lost profits are not reimbursed under any circumstances. The damage to be compensated shall in every case have its limits in the amount of the interest the injured party had in the existence of the contract.

§ 13 Animals

13.1 Animals may only be brought into the accommodation facility with the prior consent of the Accommodation Provider and, if necessary, against special remuneration.

13.2 The Contractual Partner who takes an animal with him/her is obligated to properly store or supervise this animal during his/her stay or to have it stored or supervised at his/her own expense by suitable third parties.

13.3 The contractual partner or guest taking an animal with them must have an appropriate animal liability insurance or a private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the Accommodation Provider.

13.4 The Contractual Partner or his/her insurer shall be liable jointly to the Accommodation Provider for any damage that the animals brought along incur. The damage also includes in particular any compensation services of the Accommodation Provider, which the Accommodation Provider has to provide to third parties.

13.5 Animals must not be taken into the salons, social rooms, restaurant premises and wellness areas.

§ 14 Extension of the accommodation

14.1 The Contractual Partner is not entitled to extend his/her stay. If the Contractual Partner announces his/her wish to extend his/her stay in a timely manner, the Accommodation Provider can agree to the extension of the accommodation contract. The Accommodation Provider is not obligated 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 not usable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the costs for this period is only possible if the Contractual Partner cannot fully use the services offered by the Accommodation Provider due to the exceptional weather conditions. The Accommodation Provider is entitled to request at least the cost that corresponds to the price normally charged in the low season.

§ 15 Termination of the accommodation contract – early termination

15.1 If the accommodation contract was concluded for a specific period of time, it ends with the expiry of this time.

15.2 If the Contractual Partner leaves early, the Accommodation Provider is entitled to demand the full agreed remuneration. A reduction is only granted if the accommodation facility is fully occupied at the time of the non-use of the premises booked by the guest and the premises can be re-let to other guests due to the cancellation of the contracting party. The burden of proof regarding the savings shall be borne by the Contractual Partner.

15.3 The contract with the Accommodation Provider ends as a result of the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract by 10:00 a.m. on the third day prior to the intended end of the contract.

15.5 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.
 
a) makes significantly disadvantageous use of the premises or if, due to his/her careless, offensive or otherwise grossly improper conduct, makes their stay intolerable for the other guests, the Accommodation Provider, his/her employees or third parties living in the accommodation, or if he/she otherwise carries out any highly improper conduct or commits an act against the property, morality or physical safety of these persons;
b) suffers a contagious disease or an illness that extends the term of the accommodation, or otherwise becomes dependent on care;
c) does not pay the invoices submitted when they become due within a reasonable period (3 days).

15.6 If the fulfilment of the contract becomes impossible due to an event to be assessed as force majeure (e.g. natural events, strike, lockout, official dispositions, etc.), the accommodation contract can be terminated at any time without observing a notice period, provided the contract is not already considered dissolved by law, or the Accommodation Provider is exempted from his/her accommodation obligation. Any claims for damages, etc. by the Contractual Partner are excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during his/her stay in the accommodation, the Accommodation Provider will provide medical care at the request of the guest. In the case of imminent danger (periculum in mora) the Accommodation Provider shall arrange medical care without the special request of the guest, in particular if this is necessary and the guest is not in a position to do so himself/herself.

16.2 For 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 time when the guest can make decisions or the relatives have been informed of the case of illness.

16.3 The Accommodation Provider is entitled to compensation claims against the Contractual Partner and the guest or, in the event of death, against their legal successors, in particular for the following costs:
 
a) pending medical costs, costs for transporting sick persons, medications and therapeutic aids
b) necessary room disinfection,
c) unusable laundry, bed furniture and bed linen, otherwise for the disinfection or thorough cleaning of all these objects,
d) restoration of walls, furnishings, carpets, etc., if these have been contaminated or damaged in connection with the illness or death,
e) room rental, insofar as the room has been used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc.
f) any other damages, that the Accommodation Provider incurs.

§ 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 to the exclusion of the rules of international private law (in particular IPRG (Internationalen Privatrechtsgesetz [act on international private law] and EVÜ (Europäische Schuldvertragsrechtsübereinkommen [European debt contract convention])) and the UN Convention on Contracts for the International Sale of Goods.

17.3 The exclusive place of jurisdiction in the bilateral business is the registered office of the Accommodation Provider, whereby the Accommodation Provider is also entitled to assert his/her rights at any other locally competent court.

17.4 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his/her place of residence or habitual residence in Austria, legal action may be brought against the consumer only at the consumer's place of residence, habitual place of residence or place of employment.

17.5 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his/her place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the locally competent court with jurisdiction over the consumer's place of residence for legal actions against the consumer shall have exclusive jurisdiction.

§ 18 Miscellaneous

18.1 If the above provisions do not provide otherwise, the term begins with the delivery of the written document ordering the deadline to the contractual partners, who must comply with the deadline. 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. Deadlines determined after weeks or months refer to those days of the week or month, which by their name or number correspond to the days from which the deadline is to be counted. If this day is missing in the month, the last day in this month is decisive.

18.2 Declarations must have been received by the respective other contractual partner on the last day of the deadline (24:00 a.m.).

18.3 The Accommodation Provider is entitled to offset his/her own claims against the claims of the Contractual Partner. The Contractual Partner is not entitled to offset its own claims against claims of the Accommodation Provider, unless the Accommodation Provider is insolvent or the claim of the Contractual Partner is established in court or acknowledged by the Accommodation Provider.

18.4 In the event of loopholes, the corresponding statutory provisions shall apply.