1.1 These General Terms and Conditions are based on the Terms and Conditions for the Hotel Industry of the ÖVB (hereinafter referred to as "TBCH 2006").
1.2 The TBCH 2006 do not exclude special agreements.
The TBCH 2006 are subsidiary to individual agreements.
2.1 Definitions of terms:
"Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who uses accommodation.
As a rule, the guest is also the contractual partner. Guests also include those persons travelling with the contractual partner (e.g. family members, friends).
"Contractual partner": Is a natural or legal person in Germany or abroad who concludes an accommodation contract as a guest or for 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 specified below.
3.1 The accommodation contract shall be concluded upon acceptance of the contractual partner’s order by the accommodation provider.
Electronic declarations shall be deemed to have been received if the contractual partner to whom they are addressed can retrieve them under normal circumstances and if they are received during the advertised business hours of the accommodation provider.
The acceptance or amendment of an accommodation contract must be declared in writing by the accommodation provider.
3.2 The accommodation provider shall be entitled to conclude the accommodation contract on condition that the contractual partner makes a down payment.
In this case, the accommodation provider shall be obliged to inform the contractual partner of the required down payment before accepting the contractual partner’s written or verbal order.
If the contractual partner agrees to pay the down payment (in writing or verbally), the accommodation contract shall be deemed to have been concluded upon receipt by the accommodation provider of the contractual partner's declaration of agreement to pay the deposit.
The terms and conditions for this can and will be set out in the individual contracts between the parties. The principle here is that every new contract can also contain new deadlines and conditions.
3.3 The contractual partner is obliged to pay the down payment in accordance with the contracts made before the accommodation is provided.
The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner, not the accommodation provider.
The terms and conditions of the card companies apply to credit and debit cards.
3.4 The down payment is an instalment of the agreed fee.
4.1 The contractual partner shall have the right to move into the rented rooms from 03:00 pm on the agreed day ("day of arrival"), unless the accommodation provider offers a different time of occupancy.
4.2 If a room is occupied for the first time prior to the above occupancy period, the previous night will count as the first night and can/will be charged at the agreed rate.
4.3 The rented rooms must be vacated by the contractual partner by 10:00 am on the day of departure.
The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated on time.
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the down payment has not been made by the contractual partner in due time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest fails to arrive by 06:00 pm on the agreed day of arrival, there is no obligation to provide accommodation unless a later time of arrival has been agreed.
5.3 If the contractual partner has paid a down payment (see 3.3), the room(s) shall remain reserved until 10:00 am on the day following the agreed arrival date at the latest. For advance payments of more than four days, the obligation to provide accommodation ends at 06:00 pm on the fourth day, with the day of arrival being counted as the first day, unless the guest advises a later day of arrival.
5.4 The accommodation contract may be cancelled by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than three months before the agreed date of arrival of the contractual partner, unless otherwise agreed.
Withdrawal by the contractual partner - cancellation fee
5.5 Up to three months before the agreed date of arrival of the guest at the latest, the accommodation contract can be cancelled by the contractual partner without payment of a cancellation fee by means of a unilateral declaration.
Unless otherwise by agreement
5.6 Outside the period referred to in § 5.5, withdrawal by unilateral declaration by the contractual partner is only possible against payment of a cancellation fee.
This cancellation fee is based on the expenses to be deducted
by the accommodation provider and will be stated in the contract.
5.7 If, due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding), the contractual partner is unable to arrive at the accommodation establishment on the day of arrival, the contractual partner shall not be obliged to pay the agreed remuneration for the days of arrival.
The contracting contractual partner must provide written and visual evidence.
5.8 The obligation to pay the fee for the booked stay will be reinstated from the date of arrival if arrival is possible within three days.
6.1 The accommodation provider may provide the contractual partner/the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contractual contractual partner, in particular 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, guests already accommodated extend their stay, there is an overbooking or other important operational reasons necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider. The method of payment, e.g. separate payment, shall be agreed in writing between the parties.
7.1 By concluding an accommodation contract, the contracting contractual partner acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests for use without special conditions, and to the customary service.
The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred as a result of the separate use of services by the contractual partner and/or guests accompanying the contractual partner, plus statutory VAT, no later than the date of departure.
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 shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contractual partner shall be 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 consent of the contractual partner.
9.1 If the contractual partner refuses to pay or is in arrears with the payment of the agreed remuneration, the accommodation provider shall be entitled to the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to § 1101 of the Austrian Civil Code (ABGB) in respect of the items brought in by the contractual partner or the guest.
The accommodation provider shall also be entitled to such right of retention or lien to secure its claims arising from the accommodation contract, in particular for catering and other expenses incurred on behalf of the contracting contractual partner and for any claims for damages of any kind.
9.2 If the contractual partner requires "room service" at unusual times (e.g. after 8:00 pm and before 6:00 am), the accommodation provider shall be entitled to charge a special fee.
However, this special fee must be agreed separately between the contracting parties. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider shall be entitled to issue invoices or interim invoices for its services at any time.
10.1 The accommodation provider shall be obliged to provide the agreed services in accordance with its standard.
10.2 The following are examples of special services provided by the accommodation provider that must be indicated and are not included in the accommodation price
a) Special accommodation services that may be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage etc;
b) A reasonable charge will be made for the provision of extra beds or cots.
11.1 The accommodation provider shall be liable for items brought in by the contractual partner pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB).
The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or to 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 prove this, he is liable for his own fault or the fault of his employees and the persons
arriving and departing.
Pursuant to § 970 para. 1 ABGB (Austrian Civil Code), the accommodation provider is liable up to the maximum of the amount stipulated in the Federal Law of 16 November 1921 on the liability of hosts and other entrepreneurs, as amended.
If the contractual partner or the Guest does not immediately comply with the accommodation provider's request to deposit their items in 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.
Any fault on the part of the contractual partner or guest shall be taken into account.
11.2 The accommodation provider shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability shall also excluded for gross negligence.
In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will 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 € 550. The accommodation provider shall only be liable for any further damage in the event that it has accepted these items for safekeeping with knowledge of their condition or in the event that the damage was caused by the accommodation provider or one of its employees.
The limitations of liability in 12.1 and 12.2 shall apply accordingly.
11.4 The accommodation provider may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than those usually kept by guests of the accommodation establishment in question.
11.5 In all cases of accepted storage, liability shall be excluded if the contractual partner and/or the guest fails to notify the accommodation provider of the damage incurred immediately after becoming aware of it.
Furthermore, such claims must be asserted in court within three years after the contractual partner or guest has or could have become aware of the damage, otherwise the right shall lapse.
12.1 If the contractual partner is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence shall be excluded.
In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage, indirect damage and loss of profit shall not be compensated.
In any case, the damage to be compensated shall limited to the amount of the legitimate interest.
13.1 Pets are not allowed in our accommodation.
14.1 The contractual partner has no right to have his stay extended. If the contractual partner notifies the accommodation provider in good time of its wish to extend the stay, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner is unable to leave the accommodating establishment on the day of departure due to unforeseeable exceptional circumstances.
(e.g. extreme snowfall, flooding) all departure options are blocked or unusable, the accommodation contract shall be extended for the duration of the impossibility of departure, as agreed by the contracting parties.
A reduction in the price for this period shall only be possible if the contractual partner is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions.
The accommodation provider shall be entitled to charge at least the price that corresponds to the price usually charged in the low season.
15.1 If the accommodation contract has been concluded for a fixed term, it shall end upon expiry of the term.
15.2 In the event of premature departure by the contractual partner, the accommodation provider shall be entitled to demand the full agreed remuneration.
The accommodation provider may deduct the amount he has saved as a result of the non-use of his services or the amount he has received by renting the booked rooms to other parties.
Savings shall be deemed to have been made only if the accommodation establishment is fully booked at the time when the rooms booked by the guest are not used and the room can be rented to other guests as a result of the cancellation by the contracting contractual partner.
The contractual partner shall bear the burden of proof for such savings.
15.3 The death of a guest terminates the contract with the accommodation provider.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may cancel the contract by 10:00 am on the third day before the intended end of the contract.
15.5 The accommodation provider shall be entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes considerably detrimental use of the rooms or makes living together unpleasant for the other guests, the owner, his staff or third parties staying in the accommodating establishment by his inconsiderate, offensive or otherwise grossly inappropriate behaviour or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) suffers from an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care;
c) the submitted invoices are not paid when due within a reasonable period (three days).
15.6 If the performance of the contract becomes impossible as a result of an event considered to be force majeure (e.g. natural disasters, strikes, lockouts, official orders), the accommodation provider may terminate the accommodation contract at any time without observing a period of notice, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation.
Any claims for damages etc. by the contractual partner shall be excluded.
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest's request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, particularly if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest 's expense.
However, the scope of these care measures ends as soon as the guest is able to make decisions or the relatives have been informed of the illness.
16.3 The accommodation provider shall be entitled to claim 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) necessary room disinfection,
c) linen, bed linen and bedding which have become unusable, or the disinfection or thorough cleaning of all these items,
d) restoration of walls, furniture, carpets, etc., if these have been soiled or damaged in connection with the illness or death,
e) the rent of the room, insofar as the room has been used by the guest, plus any days on which the room cannot be used due to disinfection, evacuation or similar,
f) any other damage incurred to the accommodation provider.
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract shall be governed by Austrian substantive and procedural law to the exclusion of the rules of international private law (in particular IPRG and the EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the accommodation provider, whereby the accommodation provider shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and who is resident in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and material jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.
18.1 Except as otherwise provided in the foregoing provisions, a time limit shall commence upon the delivery to the contracting partners of the document which prescribes the time limit, and the parties shall be obliged to observe the time limit. For the purpose of calculating a time limit expressed in days, the day on which the event or time on which the time limit is to commence occurs shall not be counted.
Time limits expressed in weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If there is no such day in the month, the last day of that month shall apply.
18.2 Notices must be received by the other contractual partner on the last day of the period (midnight - local time).
18.3 The accommodation provider is entitled to set off its own claims against the claims of the other contractual partner.
The contractual partner shall not be entitled to set off its own claims against the claims of the accommodation provider unless the accommodation provider is insolvent or the claim of the contractual partner has been established by a court or recognised by the accommodation provider.
18.4 In the event of any loopholes, the relevant statutory provisions shall apply.
