general terms & conditions
I. SCOOPE OF APPLICATION
1. These terms and conditions apply to hotel accommodation contracts and all other services and deliveries provided by the hotel for the guest.
2. Any deviating provisions, including those contained in the General Terms and Conditions of the guest or the customer, do not apply unless expressly acknowledged by the hotel in writing.
II. CONCLUSION OF THE CONTRACT
1. When a guest submits a booking request and the hotel confirms the booking, a hotel accommodation contract (hereinafter referred to as ‘contract’) is concluded.
2. The parties to the contract are the hotel and the guest. If a third party makes the booking on behalf of the guest, as the ordering party he is jointly liable with the guest as joint and several debtors for all obligations under the contract, provided the hotel has received a corresponding declaration from the ordering party. Independent of this, any ordering party is obliged to pass to the guest all information relevant to the booking, in particular these General Terms and Conditions.
3. The sub-letting and onward letting of rooms provided, and their use for purposes other than accommodation, is subject to prior written consent from the hotel.
III. SERVICES, PRICES, PAYMENT
1. The hotel is obliged to make the rooms booked by the guest available under the provisions of these General Terms and Conditions, and to provide the agreed services.
2. The guest is obliged to pay the applicable and/or agreed hotel prices for the provision of accommodation and the additional services he has used. This applies equally to hotel services and payments to third parties arranged by the guest or the ordering party.
3. The agreed prices include the respective mandatory Value Added tax.
4. The hotel is entitled to amend its prices if the guest requests subsequent changes to the number of rooms booked, the hotel’s services or the duration of the guests’ stay, and the hotel agrees.
5. Invoices issued by the hotel are payable in full on receipt. The guest is in default at the latest if he fails to make payment within 30 days of the due date and receipt of an invoice; this applies to a guest who is the consumer only where the invoice makes specific reference to these consequences. In the event of late payment, the hotel is entitled to charge consumers late payment interest of 5% above the base interest rate. The late payment interest rate for business transactions is 8% above the base interest rate. The hotel reserves the right to claim higher damages. The hotel is entitled to charge a reminder fee of €5.00 for each reminder sent after payment was due.
6. The hotel is entitled to charge a reasonable advance payment or security deposit on conclusion of the contract or at a later time. The amount of the advance payment and its due date may be agreed in writing in the contract. The hotel is further entitled to demand the immediate payment of liabilities accrued by the guest during his stay in the hotel by issuing an interim invoice at any time.
7. The guest may offset or reduce a claim of the hotel only with an undisputed or legally binding claim of his own.
IV. WITHDRAWAL ON THE PART OF THE GUEST, CANCELLATION
1. The hotel grants the guest the right to cancellation at any time, subject to the following provisions:
2. If a guest cancels the booking, the hotel is entitled to reasonable compensation.
3. If you are unable to holiday with us, please let us know as soon as you can. We reserve the right to apply the following terms of cancellation:
• Up to 24 hours before arrival (14.00 local time), bookings may be cancelled in writing at no cost.
• Less than 24 hours before arrival, we charge 80% of the stay booked.
We recommend that you take out travel cancellation insurance through Europäische Reiseversicherung.
Where the hotel calculates the compensation in specific terms, the amount of compensation is maximum the contractually agreed price for the services to be provided by the hotel, minus the expenditure saved by the hotel, and any revenue gained by the hotel through other uses of the hotel services.
1. The provisions above apply equally if the guest does not use the rooms or services booked, and fails to inform the hotel of this in good time.
2. If the hotel has granted the guest the option within the contract to withdraw from the contract within a certain period with no further legal consequences, the hotel has no claim to compensation. The time of cancellation is defined as the time of receipt of cancellation by the hotel. The guest must notify his cancellation in writing.
V. WITHDRAWAL ON THE PART OF THE HOTEL
1. Where the guest has been granted the right to cancel at no charge in accordance with Article IV(2), the hotel is further entitled to withdraw from the contract within the agreed period of time if it receives enquiries from other guests for the booked rooms, and the guest fails to definitively confirm the booking in response to enquiry by the hotel.
2. If an agreed advance payment or security deposit in accordance with Article III(6) is not paid within the agreed time period, the hotel is also entitled to withdraw from the contract.
3. The hotel is further entitled to withdraw from the contract for good cause, in particular if:
Rooms were booked providing misleading or false information regarding material facts, e.g. with respect to the guest’s identity or the purpose of the booking;
the hotel has reasonable grounds to assume that use of the hotel services may jeopardise smooth business operations, the hotel’s public security or reputation, without this being attributable to the hotel's sphere of control or organisation;
there is unauthorised sub-letting or onward letting in accordance with Article II(3);
there is a situation in accordance with Article VI(3);
the hotel becomes aware of circumstances which indicate that the guest’s financial position has deteriorated significantly following conclusion of the contract, in particular if the guest fails to settle payments owed to the hotel, or fails to offer sufficient security, and the hotel’s payment claims thus appear to be at risk;
the guest has filed an application for the opening of insolvency proceedings with respect to his assets, has submitted a sworn statement pursuant to Article 47 EO (Exekutionsordnung; Austrian Federal Act on execution and safeguarding proceedings), has initiated extrajudicial proceedings for the settlement of debts or has suspended his payments;
4. The hotel must inform the guest immediately and in writing that it is exercising its right of withdrawal.
5. In the cases of withdrawal specified above, the guest has no claim to compensation.
VI. ARRIVAL AND DEPARTURE
1. The guest has no entitlement to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing.
2. Booked rooms are available to the guest from 14.00 on the agreed arrival date. The guest has no entitlement to earlier availability.
3. Guests must access booked rooms at the latest by 18.00 on the agreed arrival date, unless a later arrival time has been agreed.
4. Unless a later arrival time has been agreed, the hotel has the right to assign the booked rooms elsewhere after 18.00, with no claim for compensation on the part of the guest as a result. The hotel has a right of withdrawal in this respect.
5. Hotel rooms must be vacated at the latest by 11.00 on the agreed departure date. After this time, the hotel is entitled to charge the daily room rate for the additional use of the room up to 18.00, and 100% of the full applicable accommodation price after 18.00, in addition to any damage incurred by the hotel as a result. The guest is at liberty to provide evidence to the hotel that is has not incurred and damage, or that the damage is considerably less.
VII. LIABILITY ON THE PART OF THE HOTEL, STATUTE OF LIMITATION
1. In accordance with the statutory provisions, the hotel is liable for all damage resulting from injury to life, limb and health.
2. In the event of other damage, the hotel is liable only if the damage is the result of a wilful or grossly negligent breach of duty on the part of the hotel, its legal representatives or its management staff.
3. The limit of liability above applies to all claims for damage irrespective of their legal basis, including claims in respect of tortious conduct. This limit of liability applies also for any claims for damage by a guest against employees or agents of the hotel. It does not apply in cases of liability for a defect following the assumption of a guarantee of the quality of an item or work, in the case of fraudulently concealed defects or in the case of personal injury.
4. In accordance with the statutory provisions, i.e. up to a maximum amount of €1,100.00, the hotel is liable to the guest for items brought into the hotel, unless the guest proves that the damage was caused neither by the hotel nor by an employee, nor by third parties entering and leaving the hotel. In this circumstance, the hotel is liable for valuables, cash and securities up to a maximum amount of €550.00, unless the hotel has taken these items into its custody in full knowledge of their nature, or the damage was caused by the hotel or its employees. Liability claims lapse if the guest fails to notify the hotel immediately on becoming aware of the loss, destruction or damage. This does not apply, however, if the hotel has specifically taken the items into its custody in the hotel safe.
5. Where a parking space in a hotel car park is made available to a guest, even if there is no charge, the hotel is liable to the guest in accordance with the statutory provisions, and the maximum amounts prescribed by law. In this event, damage must be claimed against the hotel at the latest when leaving the hotel premises.
6. The hotel exercises the utmost diligence in providing wake-up calls. Claims for damage, except in the event of gross or wilful negligence, are excluded.
7. Messages, post and shipments for guests are handled diligently. The hotel undertakes the delivery, safekeeping and, if required, the forwarding of said items against payment and, on request, offers the same for lost property. Claims for damage, except in the event of gross or wilful negligence, are excluded. After a storage period of one month at the latest, the hotel is entitled to hand the aforementioned items to the local lost property office and charge an appropriate fee.
8. Claims for damage by the guest come under the statute of limitation 3 years after the injured party becomes aware of the damage and the person who caused the damage. This does not apply to liability for damage due to injury to life, limb or health that is the result of wilful or grossly negligent breach of duty on the part of the hotel, a legal representative or its agents.
VIII. FINAL PROVISIONS
1. Amendments or supplements to the contract or the request for acceptance are subject to the consent of both the parties to the contract, and are valid only if they are in writing.
2. The place of fulfilment and payment is the registered office of the hotel.
3. The factually and locally competent court of the registered office of the hotel is agreed for all disputes arising from this contract, unless the guest, as a consumer, has a place of employment or residence in Austria; in this case, the agreed place of jurisdiction is in the place specified by the guest in the application; or the guest, as a consumer, has only a place of employment in Austria, in which case this is agreed as the place of jurisdiction.
4. The law of the Republic of Austria applies.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this does not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.
6. The provisions of the Austrian Hotel Regulations apply: www.hotelverband.at