Terms and Conditions

General Terms and Conditions of Alpin Resort Sacher

GENERAL TERMS AND CONDITIONS FOR THE
HOTEL INDUSTRY 2006
(AGBH 2006)
Version dated 15.11.2006

Contents

§ 1 Scope of application
§ 2 Definitions
§ 3 Conclusion of contract – deposit
§ 4 Commencement and end of accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the contractual partner
§ 8 Obligations of the contractual partner
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to items brought in
§ 12 Limitations of liability
§ 13 Keeping of animals
§ 14 Extension of accommodation
§ 15 Termination of the accommodation contract – early dissolution
§ 16 Illness or death of the guest under the accommodation contract
§ 17 Place of performance, jurisdiction and choice of law
§ 18 Miscellaneous

§ 1 Scope of application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated 23 September 1981.

1.2 AGBH 2006 do not exclude special agreements. AGBH 2006 are subsidiary to agreements made on an individual basis.

§ 2 Definitions

2.1 Definitions:
„Accommodation provider“: A natural or legal person who provides accommodation to guests for payment.
„Guest“: A natural person who makes use of accommodation. The guest is usually also the contractual partner. Persons arriving with the contractual partner (e.g. family members, friends etc) are also deemed to be guests.
„Contractual partner“: A natural or legal person from within or outside the country who concludes an accommodation contract as a guest or for a guest.
„Consumer“ and „entrepreneur“: These terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended.
„Accommodation contract“: The contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.

§ 3 Conclusion of contract – deposit

3.1 The accommodation contract is concluded through the accommodation provider’s acceptance of the contractual partner’s order. Electronic declarations are deemed to have been received when the party for whom they are intended can retrieve them under normal circumstances, and access takes place during the accommodation provider’s communicated business hours
.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner pays a deposit. In this case, before accepting the contractual partner’s written or verbal order, the accommodation provider is obliged to point out the required deposit to the contractual partner
. If the contractual partner agrees to the deposit (in writing or verbally), the accommodation contract is concluded when the accommodation provider receives the contractual partner’s declaration of consent to paying the deposit.

3.3 The contractual partner is obliged to pay the deposit no later than 7 days (received) before accommodation. The costs of the money transaction (e.g. bank transfer charges) shall be borne by the contractual partner. The respective conditions of the card companies apply to credit and debit cards.

3.4 The deposit is a partial payment of the agreed fee.

§ 4 Commencement and end of accommodation

4.1 The contractual partner has the right, unless the accommodation provider offers a different occupancy time, to occupy the rented rooms from 16.00 on the agreed day (“arrival day”).

4.2 If a room is occupied for the first time before 6.00 a.m., the previous night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contractual partner on the day of departure by 12.00 noon. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the deposit was not paid on time by the contractual partner, the accommodation provider may withdraw from the accommodation contract without granting a grace period.

5.2 If the guest does not arrive by 18.00 on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time was agreed.

5.3 If the contractual partner has paid a deposit (see 3.3), the accommodation remains reserved until 12.00 noon on the day following the agreed arrival day. In the case of advance payment for more than four days, the obligation to provide accommodation ends from 18.00 on the fourth day, whereby the arrival day is counted as the first day, unless the guest notifies a later arrival day.

5.4 Up to 3 months before the agreed arrival day of the contractual partner, the accommodation contract may be terminated by the accommodation provider, for objectively justified reasons, unless otherwise agreed, by unilateral declaration.

Withdrawal by the contractual partner – cancellation fee
5.5 Up to 3 months before the agreed arrival day of the guest, the accommodation contract may be dissolved by unilateral declaration of the contractual partner without payment of a cancellation fee.

5.6 Outside the period set out in § 5.5, withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:
– free cancellation up to 7 days before the day of arrival
– from 7 days before the day of arrival: 100 % of the total price of the arrangement (less a F&B flat rate of EUR 20,00 per person/day)
– in the event of early departure, the same conditions apply as described above

Please note: Separate cancellation conditions apply for the Christmas and New Year week as per the offer.

Obstacles to arrival
5.7 If the contractual partner cannot arrive at the accommodation establishment on the day of arrival because unforeseen exceptional circumstances (e.g. extreme snowfall, flooding etc) make all means of arrival impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.

5.8 The obligation to pay the fee for the booked stay resumes once arrival becomes possible again, if arrival is possible again within three days.

§ 6 Provision of substitute accommodation

6.1 The accommodation provider may provide the contractual partner or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.

6.2 An objective justification exists, for example, if the room(s) have become unusable, already accommodated guests extend their stay, there is overbooking or other important operational measures make this step necessary.

6.3 Any additional costs for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contractual partner

7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are ordinarily and without special conditions accessible to guests for use, and to the usual service.
The contractual partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contractual partner

8.1 The contractual partner is obliged to pay, at the latest upon departure, the agreed fee plus any additional amounts arising from separate use of services by them and/or the guests accompanying them, plus statutory VAT.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the daily exchange rate where possible. Should the accommodation provider accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.

8.3 The contractual partner is liable to the accommodation provider for any damage caused by them or the guest or other persons who, with the knowledge or consent of the contractual partner, accept services of the accommodation provider.

§ 9 Rights of the accommodation provider

9.1 If the contractual partner refuses to pay the agreed fee or is in arrears, the accommodation provider shall have the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien pursuant to § 1101 ABGB on the items brought in by the contractual partner and/or the guest. This right of retention or lien also serves to secure the accommodation provider’s claim under the accommodation contract, in particular for catering, other expenses incurred for the contractual partner and for any compensation claims of any kind.

9.2 If service is requested in the contractual partner’s room or at unusual times of day (after 20.00 and before 6.00), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price board. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider is entitled to invoice or issue interim invoices for its services at any time.

§ 10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to a standard corresponding to its category.

10.2 Special services of the accommodation provider that are subject to labelling and not included in the accommodation fee include, by way of example:
a) special accommodation services that can be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage parking etc;
b) a reduced price is charged for the provision of extra beds or children’s beds.

§ 11 Liability of the accommodation provider for damage to items brought in

11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for items brought in by the contractual partner. The accommodation provider is only liable if the items were handed over to the accommodation provider or to persons authorised by the accommodation provider, or brought to a place designated or intended for this purpose by them. Unless the accommodation provider is able to prove otherwise, the accommodation provider is liable for its own fault or the fault of its employees as well as for incoming and outgoing persons. The accommodation provider is liable pursuant to § 970 para 1
ABGB up to the amount set by the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs in the version applicable from time to time. If the contractual partner or guest does not immediately comply with the accommodation provider’s request to deposit their items in a special storage location, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the respective accommodation provider’s public liability insurance sum. Any fault of the contractual partner or guest must be taken into account.

11.2 The accommodation provider’s liability is excluded for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as
loss of profit will in no case be compensated.

11.3 The accommodation provider is only liable for valuables, money and securities up to the amount of currently € 550,–. The accommodation provider is liable for damage exceeding this only if it has accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 applies accordingly.

11.4 The accommodation provider may refuse to take custody of valuables, money and securities if these are significantly more valuable than items guests of the relevant accommodation establishment would normally deposit for safekeeping.

11.5 In every case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not report the damage that has occurred to the accommodation provider without delay once aware of it. Furthermore, these claims must be asserted in court within three years of becoming aware of them or of possible awareness by the contractual partner or guest; otherwise the right expires.

§ 12 Limitations of liability

12.1 If the contractual partner is a consumer, the accommodation provider’s liability for slight negligence is excluded, except in cases of personal injury.

12.2 If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-material damages or indirect damages as well as lost profits are
not compensated. In any case, the damage to be compensated is limited to the level of the reliance interest.

§ 13 Keeping of animals

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, where applicable, against a special fee.

13.2 The contractual partner who brings an animal is obliged to keep or supervise this animal properly during their stay, or to have it kept or supervised by suitable third parties at their own expense.

13.3 The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the accommodation provider’s request.

13.4 The contractual partner or their insurer shall be jointly and severally liable to the accommodation provider for the damage caused by animals brought along. The damage also includes, in particular, those compensation payments of the accommodation provider that the accommodation provider has to make to third parties.

13.5 Animals are not permitted in the salons, function rooms, restaurant areas and wellness areas.

§ 14 Extension of accommodation

14.1 The contractual partner has no right to have their stay extended. If the contractual partner gives timely notice of their wish to extend the stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contractual partner cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseen exceptional circumstances (e.g. extreme snowfall, flooding etc), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner cannot make full use of the services offered by the accommodation establishment as a result of the exceptional weather conditions. The accommodation provider is entitled
to demand at least the fee corresponding to the price ordinarily charged in the low season.

§ 15 Termination of the accommodation contract – early dissolution

15.1 If the accommodation contract was concluded for a fixed term, it ends upon expiry of that term.

15.2 If the contractual partner departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider shall deduct what it has saved as a result of the services not used or what it has received through re-letting the booked rooms to other parties. Savings only exist if, at the time of non-use of the rooms booked by the guest, the accommodation establishment is fully occupied and the room can be re-let to other guests due to the contractual partner’s cancellation. The burden of proving any savings lies with the
contractual partner.

15.3 The contract with the accommodation provider ends upon the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes significantly detrimental use of the rooms or, through reckless, offensive or otherwise grossly improper behaviour, renders cohabitation intolerable to the other guests, the owner, their employees or third parties residing in the accommodation establishment, or commits a criminal offence against property, morality or physical safety
towards these persons;
b) contracts an infectious disease or a disease extending beyond the duration of accommodation, or otherwise becomes in need of care;
c) does not pay the invoices presented when due within a reasonable period set (3 days).

15.6 If performance of the contract becomes impossible due to an event to be treated as force majeure (e.g. natural events, strikes, lockouts, official orders etc), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed terminated by law, or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc by the contractual partner are excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange medical care at the guest’s request. If danger is imminent, the accommodation provider will arrange medical care even without a special request from the guest, especially if this is necessary
and the guest is unable to do so themselves.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest’s expense. However, this duty of care ends at the point when the guest can make decisions
or the relatives have been informed of the illness.

16.3 The accommodation provider has claims for reimbursement against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs:
a) outstanding doctor’s fees, transport costs for medical transport, medication and medical aids
b) room disinfection made necessary,
c) linen, bed linen and bedding which have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets etc, insofar as these were soiled or damaged in connection with the illness or death,
e) room rent, insofar as the room was used by the guest, plus any days of non-usability of the rooms due to disinfection, clearance or similar,
f) any other damages incurred by the accommodation provider.

§ 17 Place of performance, jurisdiction and choice of law

17.1 The place of performance is the place where the accommodation establishment is located.

17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.

17.3 In bilateral entrepreneurial business, the exclusive place of jurisdiction is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other court with local and subject-matter jurisdiction.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile or habitual residence in Austria, actions against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer’s domicile is exclusively competent for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions stipulate otherwise, the period begins upon delivery of the document ordering the period to the contractual partners who are required to observe the period. When calculating a period determined by days, the day on which the time or event falls from which the beginning of the period is to be determined is not included. Periods determined by weeks or months refer to the day of the week or month which corresponds in name or number to the day from which the period is to be counted. If that day is missing in the month, the last day of that month shall be decisive.

18.2 Declarations must have been received by the other contractual partner on the last day of the period (24:00).

18.3 The accommodation provider is entitled to offset claims of the contractual partner against its own claims. The contractual partner is not entitled to offset its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contractual partner’s claim has been established by court or acknowledged by the accommodation provider.

18.4 In the event of gaps in regulation, the relevant statutory provisions shall apply.