Terms and Conditions

Terms and Conditions - General Terms and Conditions

1. Conclusion of contract - down payment, final payment, additional costs & deposit

1.1. The accommodation contract is concluded when the accommodation provider (landlord) accepts the order of the contractual partner (guest). Electronic declarations are deemed to have been received if the party for whom they are intended can call them up under normal circumstances and access takes place during the announced business hours of the accommodation provider.

1.2. The accommodation provider (landlord) is entitled to conclude the accommodation contract on the condition that the contractual partner (guest) makes a down payment. In this case, the accommodation provider (landlord) is obliged to inform the contractual partner of the required down payment before accepting the written or verbal order from the contractual partner. If the contractual partner agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt of the declaration of consent for the contractual partner to pay the down payment to the accommodation provider (landlord).

1.3. The contractual partner (guest) is obliged to pay the deposit of 50% of the overnight stay amount within 2 days of the request. The remaining payment of 50% of the overnight stay must be paid no later than one month before arrival. If the request and the arrival take place within the same month, 100% of the accommodation amount must be paid within 2 days.

1.4. The down payment of 50% of the overnight stay is a partial payment of the agreed fee.

1.5. The additional costs (additional costs, heating costs, local tax and other booked extras) and the deposit of 500 € must be paid before arrival. The deposit will be released within 7 days of your departure after your departure and after the proper condition of the accommodation has been established.

1.6. The contract partner (guest) bears the costs for the money transaction (e.g. transfer fees). The respective conditions of the card company apply to credit and debit cards.

2. Beginning and end of the accommodation

2.1. The contractual partner (guest) has the right, if the accommodation provider (landlord) does not offer a different reference time, to move into the rented rooms from 4 p.m. on the agreed day ("arrival day").

2.2. The rented rooms are to be vacated by the contractual partner (guest) by 10 a.m. on the day of departure. The accommodation provider (landlord) is entitled to invoice an additional day if the rented rooms are not vacated on time.

3. Withdrawal from the accommodation contract - cancellation fees

Cancellation by the accommodation provider (landlord)

3.1. If the down payment and the final payment have not been made by the contractual partner (guest) on time, the accommodation provider (landlord) can withdraw from the accommodation contract without a grace period.

3.2. If the contractual partner (guest) does not appear by 8 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

3.3. If the contractual partner (guest) has paid a deposit, but the remaining payment has not been made on time (one month before arrival), the accommodation provider (landlord) can withdraw from the accommodation contract without a grace period.

3.4. Up to 3 months before the agreed arrival date of the contractual partner (guest), the accommodation contract can be canceled by the accommodation provider (landlord) by means of a unilateral declaration.

Withdrawal by the contractual partner (guest) - cancellation fees

The right of withdrawal according to § 18 Abs. 1 Z. 10 FAGG does not apply, instead the following general terms and conditions apply:

3.5. Up to 3 months before the agreed date of arrival of the contractual partner (guest), the accommodation contract can be canceled without paying a cancellation fee by means of a unilateral declaration by the contractual partner. However, a processing fee of € 100 will be retained for the cancellation or rebooking.

3.6. Withdrawal through a unilateral declaration by the contractual partner (guest) is only possible upon payment of the cancellation fee. In the event of a cancellation by the contractual partner (guest):

from 3 months to 1 month before the day of arrival, 50% of the total amount will be charged;

from 1 month before the day of arrival and in the event of early departure, 100% of the total amount will be charged.

The corresponding repayment to the contractual partner (guest) will be made by the accommodation provider (lessor) on the day of arrival at the latest.

We recommend that you take out travel insurance with Europäische Reiseversicherung  europäische Reiseversicherung  so that you are well protected in the event of an accident and do not suffer any financial disadvantages.

4. Obstacles to the journey

4.1. If the contractual partner (guest) cannot appear at the accommodation facility (accommodation) on the day of arrival because all travel options are impossible due to unforeseeable exceptional circumstances or events that are to be assessed as force majeure, the contractual partner (guest) is not obliged to pay the additional costs (Additional costs, heating costs, local tax and other extras booked in addition) to be paid. The accommodation provider (landlord) is not obliged to reimburse the contractual partner (guest) for the amount paid for the overnight stay, but the accommodation provider (landlord) is obliged to offer the contractual partner (guest) a free rebooking without a time limit to a later period.

4.2. Force majeure means any event beyond the control of the parties that is unforeseeable and prevents either the contractual partner (guest) or the accommodation provider (landlord) from fulfilling the obligations under the contract in whole or in part. This applies to strikes, uprisings, riots, extreme snowfall, floods or bans issued by government and other authorities.

5. Provision of replacement accommodation

5.1. The accommodation provider (landlord) can provide the contractual partner (guest) with adequate substitute accommodation (of the same quality), especially if the deviation is insignificant and objectively justified.

5.2. An objective justification is given, for example, if the room (s) has (are) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.

5.3. Any additional expenses for the replacement accommodation are at the expense of the accommodation provider (landlord).

6. Rights of the contracting party

6.1. By concluding an accommodation contract, the contractual partner (guest) acquires the right to normal use of the rented rooms, the facilities of the accommodation facility, which are usually accessible to the contractual partner (guest) for use without special conditions, and to normal service. The contractual partner (guest) must exercise his rights in accordance with any guest guidelines (house rules).

6.2. The contractual partner (guest) is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions, to avoid possible damage or to keep it to a minimum.

6.3. The contractual partner (guest) is particularly obliged to notify the accommodation provider (lessor) of any defects. The accommodation provider (landlord) is obliged to remedy the defects within a reasonable period of time.

6.4. The contractual partner (guest) undertakes to notify the accommodation provider (landlord) of the defects in writing by message or email, individually and as specifically as possible within 3 days of arrival and to substantiate these defects as well as possible with photos. If the contractual partner (guest) only mentions defects from the 3rd day of the stay or afterwards, claims for reduction in price or compensation for damages do not apply.

7. Obligations of the contractual partner

7.1. The contractual partner (guest) is obliged to pay the agreed remuneration (due overnight price, additional costs, etc.) at the latest at the time of departure plus any additional amounts that have arisen due to separate use of services by him and / or the guests / fellow travelers accompanying him plus statutory sales tax to pay.

7.2. The accommodation provider (landlord) is not obliged to accept foreign currencies. If the accommodation provider (landlord) accepts foreign currencies, these will be accepted in payment at the current rate. If the accommodation provider (landlord) accepts foreign currencies or cashless means of payment, the contractual partner (guest) bears all associated costs, such as inquiries with credit card companies, telegrams, etc.

7.3. The contractual partner (guest) is liable to the accommodation provider (landlord) for any damage caused by him or one of the guests or other persons who, with the knowledge or will of the contractual partner, accept services from the accommodation provider (landlord).

7.4. The amount of the damage caused by the contractual partner (guest) or one of the accompanying guests to repair or replace the damage can be deducted by the accommodation provider (landlord) from the deposit paid by the contractual partner (guest).

8. Rights of the accommodation provider

8.1. If the contractual partner (guest) refuses to pay the sung fee or is in arrears, the accommodation provider (landlord) is entitled to the statutory right of retention in accordance with § 970c ABGB and the statutory right of lien in accordance with § 1101 ABGB on the items brought in by the contractual partner (guest) . The accommodation provider (landlord) is also entitled to this right of retention or lien to secure his claim from the accommodation contract, in particular for meals, other expenses made for the contractual partner (guest) and for any claims for compensation of any kind.

9. Obligations of the accommodation provider

9.1. The accommodation provider (landlord) is obliged to provide the agreed services to an extent that corresponds to its standard.

9.2. Special services of the accommodation provider (landlord) that are required to be labeled and are not included in the accommodation fee include: a reduced price will be charged for the provision of additional beds or cots.

10. Animal husbandry

10.1. Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider (landlord) and if necessary for a fee of 15 euros per pet.

10.2. The contractual partner (guest) who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.

10.3. The contractual partner (guest) who takes an animal with them must have a corresponding animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider (landlord).

11. Extension of the accommodation

11.1. The contractual partner (guest) has no right to have his stay extended. If the contractual partner (guest) announces his wish to extend the stay in good time, the accommodation provider (landlord) can agree to the extension of the accommodation contract. The accommodation provider (landlord) is not obliged to do so.

11.2. If the contractual partner (guest) cannot leave the accommodation facility on the day of departure because all departure options are blocked or cannot be used due to unforeseeable exceptional circumstances that are subject to force majeure, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this time is only possible if the contractual partner (guest) is unable to fully use the services offered by the accommodation facility due to the exceptional weather conditions. The accommodation provider (landlord) is entitled to ask for at least the remuneration that corresponds to the price usually charged in the off-season.

12. Termination of the accommodation contract - early termination

12.1. If the accommodation contract was concluded for a specific period, it ends when the time expires.

12.2. If the contractual partner (guest) leaves early, the accommodation provider (landlord) is entitled to demand the full agreed fee. The accommodation provider (landlord) will deduct what he saves as a result of not using his range of services or what he has received by renting the ordered rooms to other parties. There is only a saving if the accommodation facility is fully utilized at the time of non-use of the premises ordered by the guest and the premises can be rented to other guests due to the cancellation of the contractual partner (guest). The contractual partner (guest) bears the burden of proof of the savings.

12.3. The contract with the accommodation provider (landlord) ends with the death of a guest.

12.4. If the accommodation contract has been concluded for an indefinite period, the contracting parties can terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.

12.5. The accommodation provider (landlord) is entitled to terminate the accommodation contract with immediate effect for an important reason, in particular if the contractual partner or the guest makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, the other guests, the Owners whose people or third parties living in the accommodation facility prevent them from living together or are guilty of a punishable act against property, morality or physical safety towards these persons; is attacked by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care; fails to pay the submitted invoices when they are due within a reasonable period (3 days).

12.6. If the fulfillment of the contract becomes impossible due to an event considered to be force majeure (e.g. natural events, strike, lockout, official orders, etc.), the accommodation provider (landlord) can terminate the accommodation contract at any time without observing a period of notice, provided the contract is not already after is deemed to be dissolved by law, or the accommodation provider (landlord) is released from his obligation to provide accommodation. Any claims for damages by the contractual partner (guest) are excluded.

13. Place of fulfillment, place of jurisdiction and choice of law

13.1. The place of performance is the place where the accommodation facility is located.

13.2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) as well as UN sales law.

13.3. In bilateral business transactions, the exclusive place of jurisdiction is the domicile of the accommodation provider (landlord), whereby the accommodation provider (landlord) is also entitled to assert its rights at any other local and factually competent court.

We recommend taking out travel cancellation insurance, such as Europäische Reiseversicherung AG, for more than just cancellation protection (without a deductible) for your holiday in Austria. Information on this under insurance for the Austrian vacation

This legal information is based on the specifications of the Hotel and Restaurant Association e.V.