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Terms and conditions of business

 

I. Scope

  1. These terms and conditions of business apply to hotel accommodation agreements as well as to all further hotel services and deliveries provided for the guest.
  2. Any terms and conditions which differ to these provided, even if included in the terms and conditions of the guest or purchaser, are not valid unless they have been recognised by the hotel in writing. 


II. Agreement completion

  1. A hotel accommodation agreement (subsequently referred to as “agreement”) is formed following a guest booking enquiry and hotel booking confirmation.
  2. Agreement partners are the hotel and the guest. If the booking has been made for the guest by a third party, this third party is, as purchaser and together with the guest, liable to the hotel as joint debtor for all obligations arising from the agreement in so far as the hotel has a corresponding declaration from the purchaser. Irrespective of this, each purchaser is obliged to forward all information which may be relevant for a booking, in particular these general terms and conditions of business, to the guest.
  3. Any subletting of the rooms provided or change in use of the rooms for anything other than accommodation requires the prior written agreement of the hotel.


III. Services, prices, payment

  1. The hotel is obliged to provide the rooms booked by the guest and render the agreed services according to the provisions of these general terms and conditions.
  2. The guest is obliged to pay the valid / agreed prices of the hotel for the use of the rooms and any other services which he has booked. This also applies to any other services and expenses of the hotel for third parties booked by the guest or purchaser.
  3. The agreed prices include the legal VAT.
  4. The prices may be amended by the hotel if the guest subsequently changes the number of booked rooms, hotel service or duration of the stay and the hotel agrees to this.
  5. Hotel invoices are to be paid immediately upon receipt and without any deduction. The guest is in arrears if the invoice has not been paid within 30 days after the due date and receipt of invoice. This applies to a guest who is a consumer only if these consequences have been highlighted in the invoice. In the case of a payment delay, the hotel is entitled to charge the consumer late payment interest of 5% above the basic interest rate. In business transactions, the late payment interest rate is 8% above the basic interest rate. The hotel is entitled to claim greater damages. The hotel is also entitled to charge a reminder fee of €5.00 for each reminder sent after the due date.
  6. Upon or after agreement completion, the hotel is entitled to request an appropriate advance payment or deposit. The sum of the advance payment and its due date can be outlined in writing in the agreement. Furthermore, the hotel is also entitled to write an interim invoice and request immediate payment for any services already commenced during the guest’s stay in the hotel.
  7. Guests can only offset or reduce a due payment of the hotel with an undisputed or legally acceptable due payment.


IV. Guest cancellation, rescission

  1. The hotel grants the guest the right to withdraw from the agreement at any time. Hereby the following provisions apply:
    if the guest cancels a booking, the hotel is entitled to an acceptable compensation.
    If you are unable to fulfil your booking due to unforeseen circumstances, please let us know in writing as soon as possible. The following terms and conditions of cancellation apply:
    • Up to 3 months before arrival: cancellation free of charge
    • Within 3 months to 30 days before arrival - 40% of total booking price due
    • Within 30 days to 7 days before arrival – 70% of total booking price
    • Within 7 days to 1 day before arrival – 90 % of total booking price
    • No-show or early departure – 100% of total booking price

We recommend you take out a travel cancellation insurance with Europäische Reiseversicherung.
In so far as the hotel invoices a compensation claim, the maximum sum of this claim will be the contractually agreed price for services provided by the hotel minus the sum of any expenses which have been saved by the hotel as well as anything acquired by the hotel through an alternative use of the hotel services.

  1. The above provisions concerning compensation apply if the guest does not use the booked room or booked services and does not inform the hotel of this within the appropriate time limit.
  2. If the hotel has provided the guest with an option in the agreement for cancelling the agreement within a given time period without any legal consequences, then the hotel is not entitled to claim for compensation. The date the hotel receives the cancellation declaration is decisive for its timeliness. The guest must cancel in writing.


V. Hotel cancellation 

  1. In so far as the guest has been granted a free cancellation right according to Figure IV para.2, the hotel is also entitled to withdraw from the agreement within a given time period if it receives enquiries from other guests concerning the booked rooms and the guest has not confirmed the booking despite being asked to do so by the hotel.
  2. Likewise, if the guest does not provide an agreed advance payment or deposit as outlined in Figure III para. 6 within the given time period, the hotel is entitled to withdraw from the agreement.
  3. Furthermore, the hotel is also entitled to withdraw from the agreement for good reason, in particular if:
  4. the rooms have been booked with misleading or incorrect details e.g. with regard to the guest’s person or the purpose for which the room was booked.
  5. the hotel has good reason to believe that the use of its service would jeopardise the smooth business operation, safety or reputation of the hotel in public without this being attributable to the hotel’s power of control or organisation.
  6. there is evidence of an unauthorised subletting in accordance with Figure II para 3.
  7. a case exists in accordance with Figure VI Para. 3.
  8. the hotel learns that the financial circumstances of the guest have significantly worsened after the agreement completion in particular if the guest has not settled due hotel payments or offered a sufficient deposit and the hotel’s payment claims appear at risk.
  9. the guest has initiated insolvency proceedings concerning his assets, has submitted a sworn statement in accordance with § 47 EO (Enforcement Order; order on enforcement and security procedure) or has initiated out of court proceedings to settle debts or stopped payments.
  10. The hotel must immediately inform the guest in writing of its right to withdraw from the agreement.
  11. In a withdrawal of the agreement relating to the aforementioned cases, the guest is not entitled to claim compensation.


VI. Arrival and departure

  1. The guest is not entitled to particular rooms unless the hotel has agreed this in writing.
  2. Booked rooms are available to the guest from 3.00 pm on the agreed day of arrival. The guest is not entitled to an earlier availability of the rooms.
  3. The guest must claim booked rooms by 8.00 pm on the agreed day of arrival at the latest. 
  4. Unless a later time of arrival has been agreed, the hotel has the right to alternatively allocate booked rooms after 8.00 pm without the guest being able to claim a replacement for this. In this respect the hotel is entitled to withdraw from the agreement.
  5. On the agreed day of departure, the rooms should be vacated by 10.00 am at the latest. After this time the hotel is entitled to invoice for any damages resulting from the rooms being used beyond this time – if used up until 6.00 pm it can charge the day rate for the room and, from 6.00 pm, 100 % of the full valid room rate. The guest is entitled to prove that no or significantly less damage occurred.


VII. Liability of the hotel, limitation period

  1. In accordance with legal provisions, the hotel is liable for all damages resulting from injury to life, limb and health.
  2. In the case of other damages, the hotel is only liable if damages are the result of an intentional or grossly negligent breach of duty on the part of the hotel, its legal representatives or managerial employees.
  3. The above limitation of liability applies to all claims for damages regardless of their legal grounds including claims from unauthorised acts. The above limitation of liability also applies to claims for damages of a guest towards an employer or vicarious agent of the hotel. It does not apply to cases relating to liability for a defect after assumption of a guarantee for the condition of an item or work, fraudulently concealed errors or personal injury.
  4. In accordance with legal provisions, the hotel is liable to the guest for anything he brings into the hotel – to a maximum sum of €1,100.00 – unless he can prove that the damage was caused neither by the hotel nor its employees or external parties who entered the hotel. In these circumstances the hotel is liable for valuables, cash and securities to a maximum sum of €550.00 unless it has taken these items for safekeeping or the damage was caused by the hotel or its employees. The liability claims expire if the guest does not immediately lodge a complaint to the hotel after learning of the loss, destruction or damage. However, this does not apply if the hotel has taken the items for safekeeping in the hotel safe.
  5. If the guest has been provided with a parking space in the hotel garage or car park, also for a fee, the hotel is liable to the guest in accordance with legal regulations and the legally stipulated maximum sums. In such a case, the hotel must be informed of any damage at the latest when the guest leaves the hotel grounds.
  6. Wake-up services are carried out by the hotel with the utmost care. Any claims for damages are excluded unless these are based on gross negligence or intent.
  7. Any messages, mail and deliveries for guests are treated with the utmost care. The hotel can assume the delivery, storage and, if requested, and for an additional payment, the forwarding of such items as well as lost property if requested. Claims for damages unless based on gross negligence or intent are excluded. The hotel is entitled to forward the aforementioned items, at the latest after having kept these for one month, to a local lost property and may charge an appropriate fee for this.
  8. Any guest damage claims expire 3 years after the injured party has recognised the damages and the injuring party. This does not apply to liability for damages relating to injury to life, limb and health as well as for other damages based on the intentional and grossly negligent violation of duty of the hotel or its legal representatives or vicarious agents.

VIII. Final provisions

  1. Any amendments or additions to the agreement or acceptance of the application require the consent of the contract partners and the written form for their validity.
  2. Place of fulfilment and payment is the site of the hotel.
  3. The local court of the hotel is agreed as being responsible for all disputes resulting from the agreement unless the guest, as consumer, has a place of employment or residence which is inland – in such a case, the court is agreed as being in the location given by the guest in the registration – or the guest has, as consumer, only an inland place of employment. In such a case, this location is agreed as being the place of jurisdiction.
  4. The law of the Federal Republic of Austria applies.
  5. If individual provisions of these general terms and conditions of business for hotel accommodation become ineffective or invalid it will not affect the validity of the remaining provisions. Furthermore, the legal regulations also apply.
  6. The provisions of the Austrian hotel regulations apply: hotelverband.at

Version: August 2016

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