Terms

1.1. These General Terms and Conditions for the Hospitality Industry (hereinafter “AGBG 2016”) govern the legal relationship between the innkeeper and the contracting party/guest and apply to all reservations made and services provided in that relationship.

1.2. Accommodation services of the innkeeper are governed exclusively by the General Terms and Conditions for the Hotel Industry 2006 (“AGBH 2006”).

1.3. The services of the innkeeper described below are offered exclusively on the basis of these general terms. Terms of the contracting party that deviate from or supplement these AGBG 2016 are effective only if they have been expressly agreed in writing.

1.4. The AGBG 2016 do not exclude special agreements and are subsidiary to agreements made in an individual case.

1.5. By completing a reservation — by whatever means — the contracting party confirms that they have read and understood these terms and agree to them.

1.6. The innkeeper reserves the right to amend the AGBG 2016 at any time, where this is reasonable for the contracting party, in order to reflect current circumstances and statutory requirements.

2.1. Hospitality: the provision or serving of food and drink in the innkeeper’s establishment.

2.2. Hospitality contract: the contract concluded between the innkeeper and the contracting party, the main subject of which is hospitality and the content of which is set out below.

2.3. Catering: the preparation or delivery of food and drink to a place of performance outside the innkeeper’s establishment, chosen by the contracting party.

2.4. FAGG: the Distance and Off-Premises Contracts Act, as amended.

2.5. Distance selling (contract): within the meaning of § 3 FAGG.

2.6. Establishment: premises outside or inside a building where the innkeeper serves guests.

2.7. Innkeeper: a natural or legal person who, as operator of the establishment, serves guests for a fee or lets rooms and provides related services.

2.8. Guest: a natural person who takes hospitality. The guest is usually also the contracting party. Persons served in the company of the contracting party are also guests.

2.9. KSchG: the Consumer Protection Act 1979, as amended.

2.10. Consumer: within the meaning of § 1 KSchG.

2.11. Entrepreneur: within the meaning of § 1 KSchG.

2.12. Reservation: a binding offer by the contracting party to conclude a hospitality contract.

2.13. Contracting party: a natural or legal person who concludes a hospitality contract as a guest or for a guest.

3.1. The hospitality contract is formed, after the innkeeper has checked availability, by the (oral or written) acceptance of the reservation — at the latest by serving the guest. From that moment the innkeeper and the contracting party are bound by the hospitality contract.

3.2. By providing account or credit-card details, the contracting party expressly agrees that all charges incurred — in particular deposits and, where applicable, cancellation fees (under clause 7) — may be debited without further consultation, under the direct-debit procedure of the chosen method of payment.

3.3. The prices in the innkeeper’s price list current at the time of conclusion, and prices individually agreed by special arrangement, form the basis of the fee.

3.4. For every reservation the contracting party must state their full name (company), address, email address (if any) and telephone number, the exact number of guests to be served and the extent of the hospitality requested. By sending an email address, the contracting party also agrees to receive information such as newsletters and offers.

3.5. These details are an essential part of the contract and the basis for invoicing. Exceeding or falling below the reserved number of persons is permitted only with the innkeeper’s express consent. The agreed number of guests is the minimum number used for billing. If the innkeeper agrees to a higher number, billing follows the actual number of guests. If the number falls short, the cancellation conditions in clause 6 apply.

3.6. Unless another arrangement is made for consumption, such as a flat rate, all drinks and dishes consumed are charged by the innkeeper according to actual consumption and the order value in the current price list. A minimum consumption of EUR 10 per reserved guest is agreed and is payable even if the hospitality is not taken up.

4.1. The innkeeper may conclude the hospitality contract on condition that the contracting party pays a deposit. In that case the innkeeper must, before accepting the written or oral reservation, point out the deposit required. If the contracting party agrees to the deposit (in writing or orally), the hospitality contract is formed when the deposit is successfully debited or paid. Only from that moment is a hospitality contract concluded subject to a deposit binding on both sides. Until then the reservation may be cancelled by either side 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 contracting party bears the cost of the money transfer (for example transfer fees). The conditions of the card companies apply to credit and debit cards.

4.3. The deposit is a part payment of the agreed fee.

5.1. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under ordinary circumstances, and access takes place during the innkeeper’s published business hours.

5.2. Where booking is by means of distance communication, acceptance by the innkeeper takes place only by a reservation confirmation by email or post, or, where a deposit has been agreed, by successful debit by the innkeeper or successful transfer by the contracting party. For the deposit, the innkeeper charges the contracting party’s credit card or account with the amount or percentage stated in the reservation conditions.

5.3. Online booking is possible only after all mandatory fields in the reservation window have been completed correctly and the AGBG 2016 have been expressly accepted using the control provided in the reservation window.

5.4. The contracting party acknowledges that, for online reservations, the booking process can no longer be cancelled or reversed after the “Reserve with obligation to pay” button has been pressed.

5.5. The contracting party alone is responsible for entering and providing the data correctly. If the reservation was incorrect only because incorrect or incomplete data were entered or provided, the booking may be corrected with the innkeeper’s help or another confirmation may be issued. In every complaint the contracting party must present the reservation confirmation; otherwise the innkeeper may refuse to serve. The innkeeper’s electronic confirmation is the only admissible proof of a properly made reservation and must be carried by the contracting party and shown to the innkeeper’s staff in the event of a complaint.

5.6. The contracting party acknowledges that, because data must be transmitted over the internet and other lines, problems may exceptionally occur during reservation, without any legal consequences arising from that.

6.1. If the contracting party or the guests do not appear within half an hour of the agreed reservation time, there is no obligation to serve, unless a later arrival time was agreed.

6.2. If the contracting party has paid a deposit (see clause 4), the reservation is held for two hours after the agreed reservation time.

6.3. Up to three months before the agreed hospitality, the innkeeper may end the hospitality contract by unilateral declaration for objectively justified reasons.

7.1. The services offered by the innkeeper are leisure services within the meaning of § 18 (1) item 10 FAGG, provided at a specific time within a precisely stated period. The contracting party therefore has no right of withdrawal under § 11 (1) FAGG.

7.2. Withdrawal by unilateral declaration of the contracting party is possible only on payment of the following cancellation fees:

7.3. Up to the following shortfall in the reserved number of guests, a partial withdrawal for the number of guests to be reduced is possible by unilateral declaration of the contracting party without a cancellation fee:

7.4. If the reserved number of guests is reduced by more than the number stated in clause 7.3, a partial withdrawal for the number to be reduced is possible by unilateral declaration only on payment of the cancellation fees in clause 7.2.

7.5. The cancellation fees are calculated from the agreed total, or the total value of the agreed services (food and drink), any flat-rate agreements or, if no consumption was agreed, from EUR 30.00 per reserved guest.

7.6. A deposit already paid is credited against the cancellation fees named in 7.2 and 7.3.

7.7. Withdrawal by the contracting party is effective only if declared in writing.

8.1. If the contracting party or the guests cannot appear at the establishment on the day of arrival because unforeseeable extraordinary circumstances (for example extreme snowfall or flooding) make every means of arrival impossible, the contracting party is not obliged to pay the agreed fee.

8.2. If the contracting party or the guests cannot appear on the day of arrival because they are ill, the contracting party is obliged to pay the agreed fee; the innkeeper is obliged to serve the guests.

9.1. By concluding a hospitality contract, the contracting party acquires the right to the usual hospitality and service, and to use the facilities of the establishment that are ordinarily available to guests without special conditions.

9.2. If facilities are unavailable or unusable for technical reasons, the contracting party has no right to a reduction of the fee.

9.3. The contracting party must exercise their rights in accordance with any guest guidelines (house rules).

10.1. By the end of the hospitality at the latest, the contracting party must pay the agreed fee plus any additional amounts arising from separate services used by them and/or the guests accompanying them, plus statutory VAT if it is not already included.

10.2. The innkeeper is not obliged to accept foreign currencies. If the innkeeper accepts foreign currencies, they are taken as payment at the daily rate as far as practicable. If the innkeeper accepts foreign currencies or cashless means of payment, the contracting party bears all related costs, such as enquiries with credit-card companies.

10.3. The contracting party and their guests are jointly and severally liable to the innkeeper for any damage caused by them, by the guest, or by other persons who receive the innkeeper’s services with the contracting party’s knowledge or will. The contracting party/guest shall fully indemnify and hold the innkeeper harmless against third-party claims.

10.4. Bringing food and drink without the innkeeper’s prior permission is not allowed.

10.5. The contracting party is responsible for complying with all statutory and official requirements — in particular trade law, fire regulations, copyright and event law, the Upper Austrian Youth Protection Act as amended, and the Tobacco and Non-Smoker Protection Act as amended — and must follow the innkeeper’s instructions in this respect. Unless the law provides otherwise, the contracting party must obtain official permits at their own expense and fulfil all official conditions at their own expense.

10.6. Decoration material must meet fire-safety requirements and, like other objects, may be put up only with the innkeeper’s consent. Fixing decoration to the walls with adhesives, tape, staples, nails or screws is prohibited. Items brought in must be removed by the contracting party immediately after the event. If they are not removed immediately, the innkeeper may have this done by third parties at the contracting party’s expense, or charge rent for storage.

11.1. If the contracting party refuses to pay the agreed fee or is in arrears, the innkeeper has the statutory right of retention under § 471 ABGB over items brought in by the contracting party or the guest. This right of retention also secures the innkeeper’s claims under the hospitality contract, in particular for food, other expenses incurred for the contracting party, and any claims for compensation of any kind.

11.2. If the innkeeper fulfils special requests of the contracting party or guest, the innkeeper may charge a special fee. That fee, or the method of calculation, must be disclosed to the guest/contracting party before the service is provided. The innkeeper may also refuse these services for operational reasons.

11.3. The innkeeper may invoice, or issue an interim invoice, at any time.

12.1. The innkeeper must provide the agreed services to an extent that matches their standard.

12.2. The statutory warranty provisions apply.

13.1. If the contracting party is a consumer, the innkeeper’s liability — including for items brought in — for slight negligence is excluded, except for personal injury.

13.2. If the contracting party is an entrepreneur, the liability of the innkeeper and of their agents — including for items brought in — for slight and gross negligence is excluded. In that case the contracting party bears the burden of proving fault. Consequential damage, non-material damage, indirect damage and lost profits are not compensated. Compensation is in any event limited to the reliance interest.

13.3. There is no liability for lost property of the guest or contracting party.

13.4. The innkeeper will try to remedy faults in technical and other facilities provided directly by the innkeeper without delay. The innkeeper is not liable for failures of these facilities, of the power grid, or of other infrastructure.

13.5. Liability is excluded in any event if the contracting party and/or guest does not notify the innkeeper of the damage immediately after becoming aware of it. These claims must also be asserted in court within three years of the contracting party or guest knowing or being able to know of them; otherwise the right lapses.

14.1. Animals may be brought into the establishment only with the innkeeper’s prior consent and, where applicable, against a special charge.

14.2. A contracting party who brings an animal must keep or supervise it properly during the stay, or have it kept or supervised by suitable third parties at their own expense.

14.3. A contracting party or guest who brings an animal must have appropriate animal liability insurance, or private liability insurance that also covers damage that animals may cause. Proof of that insurance must be provided if the innkeeper asks for it.

14.4. The contracting party and their insurer are jointly and severally liable to the innkeeper for damage caused by animals brought in. The damage includes in particular compensation that the innkeeper has to pay to third parties.

15.1. Vouchers of any kind are not redeemed for cash. The period of validity is stated and defined on the voucher. Vouchers must be redeemed or exchanged at the latest within five years of the date of issue. The innkeeper does not replace lost vouchers of any kind.

16.1. The contracting party has no right to a change in the type or extent of the hospitality. If the contracting party announces a wish to change the contract in good time, the innkeeper may agree. The innkeeper is not obliged to do so.

16.2. The innkeeper may provide the contracting party or the guests with other hospitality of the same quality if this is reasonable for the contracting party, in particular if the difference is minor and objectively justified. An objective justification exists, for example, if a particular room has become unusable, guests already present extend their stay, there is an overbooking, or other important operational measures require this step. Any extra cost of the substitute hospitality is borne by the innkeeper.

17.1. If the contracting party or their guests do not appear, the innkeeper may demand the agreed fee, subject to clause 17.3.

17.2. The innkeeper may end the hospitality contract for good cause, in particular if the contracting party or the guest a) makes a significantly detrimental use of the premises, or by reckless, offensive or otherwise grossly improper behaviour spoils the stay for other guests, the owner or their staff, or commits a criminal act against the property, morality or physical safety of those persons; b) contracts an infectious disease or an illness that outlasts the hospitality, or otherwise becomes in need of care; c) does not pay the invoices presented when due, within a reasonably set period (3 days). If the contract is ended for good cause, the contracting party must pay the fee, subject to clause 17.3.

17.3. The innkeeper will deduct what they saved because their offer of services was not taken up, or what they received by serving others. A saving exists only if the establishment is fully occupied at the time the hospitality ordered by the guest is not taken up and, because the contracting party did not appear, further guests can be served. The contracting party bears the burden of proving the saving.

17.4. If performance becomes impossible because of an event to be regarded as force majeure (for example natural events, strike, lockout, delivery boycott, official orders), the innkeeper may end the hospitality contract at any time, unless the contract is already ended by law or the innkeeper is released from the duty to serve. Claims by the contracting party for damages and the like are excluded.

18.1. If a guest falls ill or has an accident while at the establishment, the innkeeper will arrange medical care at the guest’s request. If there is imminent danger, the innkeeper will arrange medical care even without a specific request, in particular if it is necessary and the guest is unable to do so.

18.2. As long as the guest is unable to make decisions, or the guest’s relatives cannot be contacted, the innkeeper will arrange medical treatment at the guest’s expense. These measures end when the guest can make decisions or the relatives have been told of the illness or accident.

18.3. The innkeeper has claims for reimbursement against the contracting party and the guest or, in the event of death, against their legal successors, in particular for: a) outstanding doctors’ fees, costs of medical transport, medicines and medical aids; b) room disinfection that has become necessary; c) restoration of walls, furnishings, carpets and the like, insofar as they were soiled or damaged in connection with the illness, accident or death; d) the fee for hospitality taken by the guest, plus any costs of the rooms being unusable because of disinfection, clearing or similar; e) any other damage incurred by the innkeeper.

19.1. The place of performance is the place where the establishment is located.

19.2. This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.

19.3. The exclusive place of jurisdiction in a bilateral commercial transaction is the innkeeper’s registered office. The innkeeper may also assert their rights before any other court with local and subject-matter jurisdiction.

19.4. If the hospitality contract was concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, actions against the consumer may be brought only at the consumer’s domicile, habitual residence or place of employment.

19.5. If the hospitality contract was concluded with a contracting party who is a consumer and is domiciled in a member state of the European Union (other than Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s domicile is exclusively competent for actions against the consumer.

20.1. All changes to the hospitality contract must be in writing on the part of the contracting party.

20.2. Unless the provisions above provide otherwise, a period begins when the document that sets the period is served on the contracting party who must observe it. When calculating a period set in days, the day on which the point in time or event falls, according to which the period is to begin, is not counted. Periods set in weeks or months refer to the 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 that day does not exist in the month, the last day of that month applies.

20.3. Declarations must have reached the other contracting party on the last day of the period (24:00).

20.4. The innkeeper may set off their own claims against claims of the contracting party. The contracting party may not set off their own claims against claims of the innkeeper. This does not apply to consumers if the innkeeper is insolvent or the contracting party’s claim has been established by a court or acknowledged by the innkeeper.

20.5. If there are gaps, the corresponding statutory provisions apply.