General terms & conditions Familotel Hopfgarten (as of 02.02.2017)
For the bilateral guarantee of the accommodation agreement.
- „Accomodation provider“: PA Hotel Hopfgarten GmbH, FN 303466 z.
- „Guest“: is an indiviual that uses accommodation. The guest usually also is the contracting party. Guests also also those persons that are accommodated togher with the contracting party (e.g. family members, friends etc.).
- „Contracting party“: is a domestic or foreign individual or legal person that concludes an accommodation agreement as guest or for a guest.
- „Consumer“ and „entrepreneur“: these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.
- „Accommodation agreement“: means the agreement made between the accommodation provider and the contracting party, the contents of which are specified below.
Conclusion of the agreement – down payment
The accommodation agreement shall be deemed entered into upon the acceptance of the contracting party’s order by the accommodation provider. Electronic declarations shall be deemed received when they can be collected by the contracting party to which they are addressed under normal circumstances provided that they are received during the published business hours of the accommodation provider.
The accommodation provider shall be entitled to enter into the accommodation agreement under the condition that the contracting party makes a down payment. In such event, the accommodation provider shall be obliged to inform the contracting party of the required down payment before accepting the written or oral order of the contracting party. If the contracting party agrees to the down payment (in writing or orally), the accommodation agreement shall be deemed entered into upon the receipt of the contracting party’s declaration of consent on the down payment by the accommodation provider.
The contracting party shall be obliged to make the down payment no later than 15 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the contracting party. Credit and debit cards shall be subject to the terms and conditions of the issuing company. If the contracting party fails to make the down payment, the accommodation provider can continue to insist on the execution of his claim or withdraw from the agreement by setting a reasonable grace period.
The down payment shall be deemed an instalment of the agreed remuneration.
Start and end of accommodation
Unless the accommodation provider offers any other time of occupancy, the contracting party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).
If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.
The rented rooms shall be vacated by the contracting party by 11 am on the date of departure. The accommodation provider shall be entitled to charge another day if the rented rooms are not vacated in time.
Rescission of the accommodation agreement – cancellation fee
1. Rescission by the accommodation provider
If the accommodation agreement provides for a down payment and such down payment has not been made by the contracting party in time, the accommodation provider may rescind the accommodation agreement without granting any grace period.
If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the accommodation provider shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
If the contracting party has made a down payment, the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the guest informs the accommodation provider of a later date of arrival.
Unless otherwise agreed upon, the accommodation provider may rescind the accommodation agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the contracting party.
2. Rescision by the contracting party - cancellation fee
The contracting party may rescind the accommodation agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the guest without being liable to pay a cancellation fee.
Outside the period specified, the contracting party may only rescind the accommodation agreement by means of a unilateral declaration subject to the following cancellation fees:
- up to 1 month before the arrival date 40% of the total agreed price
- up to 1 week before the arrival date 70% of the total agreed price
- within the last week before the day of arrival 90% of the total agreed price
Disability of arrival
If the contracting party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the contracting party shall not be obliged to pay the agreed remuneration for the date of arrival.
The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.
Provision of substitute accommodation
The accommodation provider may provide the contracting party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the contracting party, particularly if the difference is insignificant and objectively justified.
An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
Any extra expenses arising from such substitute accommodation shall be paid by the accommodation provider.
Rights of the contracting party
By entering into an accommodation agreement, the contracting party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
Obligations of the contracting party
The contracting party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the contracting party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
The accommodatin provider shall not be obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, such shall be accepted at the current price if possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
The contracting party shall be liable towards the accommodation provider for any damage caused by themselves or the guest or any other persons that receive services of the accommodation provider with the knowledge or in accordance with the intention of the contracting party.
Rights of the accommodation provider
If the contracting party refuses to pay or is in arrears with the agreed remuneration, the accommodation provider shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the contracting party or the guest. Furthermore, the accommodation provider shall be entitled to make use of this right of retention or lien in order to secure its claims under the accommodation agreement, particularly for catering, other expenses made for the contracting party and for any kind of damage claims.
If services are requested in the room of the contracting party or during unusual times of the day, the accommodation provider shall be entitled to charge an extra remuneration. The accommodatin provider may also refuse such services for operational reasons.
The accommodation provider shall be entitled to issue invoices or interim invoices for its services at any time.
Obligations of the accommodation provider
The accommodation provider shall be obliged to provide the agreed services to an extent that complies with its standards.
Extra services of the accommodation provider that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include: extra accommodation services that may be invoiced separately.
Liability of the accommodation provider for damage to items of guests
The accommodatin provider shall be liable for the items brought along by the contracting party in accordance with §§ 970 ss of ABGB. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or the persons authorised by the accommodation provider or deposited in a place assigned by such or intended for such purpose. Unless the accommodation provider provides other evidence, the accommodation provider shall be liable for its own fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec. 1 of ABGB, the accommodation provider shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the contracting party or the guest fails to immediately comply with the accommodation provider’s request to deposit their items in a special deposit, the accommodation provider shall be released from any liability. The amount of any liability of the accommodation provider shall be limited to a maximum of the sum insured under the third-party liability insurance of such accommodation provider. Any fault of the contracting party or guest shall be taken into account.
The accommodation provider may not be held liable for slight negligence. If the contracting party is an entrepreneur, theaccommodation provider may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the contracting party. No consequential or indirect damage and no loss of profit shall be reimbursed.
The accommodation provider shall only be liable for valuables, money and securities up to an amount of currently €550.--. The accommodation provider shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with 1.) and 2.) shall apply accordingly.
The accommodation provider may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.
In each event of deposition, liability shall be excluded if the contracting party and/or guest fails to immediately notify the accommodation provider of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the contracting party and/or guest; otherwise, the right shall become extinct
Limitations of liability
If the contracting party is a consumer, the accommodation provider may not be held liable for slight negligence, except for bodily injury.
If the contracting party is an entrepreneur, the accommodation provider may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the contracting party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the contracting party has relied on the validity of the agreement (Vertrauensinteresse).
Animals may only be brought to the accommodating establishment with the prior consent of the accommodation provider and against extra remuneration.
The contracting party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.
The contrcting party and/or guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the accommodation provider upon request.
The contracting party and/or their insurance company shall be jointly and severally liable towards the accommodation provider for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the accommodation provider to third parties.
Animals shall not be permitted to enter the lounges, salons, restaurants and wellness areas.
Prolongation of the accommodation
The contracting party may not claim for a prolongation of their stay. If the contracting party informs the accommodation provider in time that they intend to prolong their stay, the accommodation provider may consent to a renewal of the accommodation agreement. However, the accommodation provider shall not be obliged to do so.
If the contracting party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the accommodation agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the contracting party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The accommodation provider shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.
Termination of the accommodation agreement – early termination
If the accommodation agreement has been made for a definite term, it shall end upon the expiry of such term.
If the contracting party leaves prematurely, the accommodation provider shall be entitled to charge the total agreed remuneration. The accommodation provider shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the contracting party. The burden of proof to show that savings have been made shall lie with the contracting party.
Upon the death of a guest, the agreement with the accommodation provider shall become extinct.
If the accommodation agreement has been made for an indefinite term, the parties may terminate the agreement by 10.00 a.m. of the third day preceding the intended end of the agreement.
The accommodation provider shall be entitled to terminate the accommodation agreement with immediate effect for important reasons, particularly if the contracting party and/or the guest
- makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or other- 10 wise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
- suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;
- fails to settle the presented invoices when they become payable within a reasonably set period (3 days).
If the performance of the agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the accommodation provider may terminate the accommodation agreement at any time without giving prior notice unless the agreement is already deemed terminated under the law or the accommodation provider is released of its obligation to accommodate the contracting party. Any claims for damages etc. by the contracting party shall be excluded.
Sickness or death of the guest
If a guest gets sick during their stay at the accommodating establishment, the accommodation provider shall arrange for medical care at the request of the guest. In the event of imminent danger, the accommodation provider shall arrange for medical care even without the special request of the guest, particularly if this is necessary and the guest is unable to do so themselves.
As long as the guest is unable to make decisions or it is not possible to contact the family of the guest, the accommodation provider shall arrange for medical care at the expense of the guest. However, the extent of such care shall end as soon as the guest is able to make decisions or their family has been informed about the sickness.
The accommodation provider shall particularly be entitled to damages from the contracting party or the guest or, in the event of their death, their successors for the following expenses:
- unsettled medical costs, costs for ambulance transports, drugs and medical aids
- room disinfections that have become necessary,
- linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,
- restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,
- rent for the room, provided that it has been occupied by the guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,
- any other damage incurred by the accommodation provider
Place of performance, place of jurisdiction and applicable law
The place of performance shall be the place where the accommodating establishment is situated.
These terms and conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
If the contracting party is an entrepreneur, the exclusive place of jurisdiction shall be the domicile of the accommodation provider; however, the accommodation provider shall also be entitled to assert its rights before any other court that is competent for the location and matter.
If the accommodation agreement has been made with a contracting party that is a consumer who has their domicile or ordinary residence in Austria, actions against the consumer may exclusively be filed at the domicile, ordinary residence or place of work of such consumer.
If the accommodation agreement has been made with a contracting party that is a consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the consumer in the event of actions against the consumer in the relevant matter shall have exclusive jurisdiction.
Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the contracting party that must comply with the time limit. 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. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).
The accommodation provider shall be entitled to offset any of its claims against claims of the contracting party. The contracting party shall not be entitled to offset any of its claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.
If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.