General terms and conditions
Unless regulated by an individual contract, the following general terms and conditions apply
(WKO, as of September 15, 2016):
- These general terms and conditions for the hospitality industry (hereinafter referred to as “AGBG 2016”) regulate the legal relationship between the innkeeper and the contractual partner / guest and apply to all reservations and services provided in this relationship.
- The general terms and conditions for the hotel industry 2006 (“AGBH 2006”) apply exclusively to the innkeeper’s accommodation services.
- The innkeeper’s services, which are regulated in more detail below, are offered exclusively on the basis of these general terms and conditions. Terms and conditions of the contract partner that deviate from or supplement these AGBG 2016 are only effective if they have been expressly agreed in writing.
- The AGBG 2016 do not exclude special agreements and are subsidiary to individual agreements.
- By making a reservation – regardless of the means – the contractual partner confirms that he has read and understood the terms and conditions and that he agrees to them.
- The innkeeper reserves the right to change the AGBG 2016 at any time, if this is reasonable for the contractual partner, to update it to current circumstances and to adapt it to the legal provisions.
2. Definitions of terms
- Catering: Provision / serving of food and drinks in the catering business of the innkeeper.
- Hospitality contract: Is the contract concluded between the innkeeper and the contractual partner, the focus of which is on hospitality and the content of which is regulated in more detail below.
- Catering: Preparation or delivery of food and beverages to a place of performance specified by the contract partner outside the catering business of the innkeeper.
- FAGG: Long-Distance and Foreign Business Act as amended
- Distance selling (contract) within the meaning of § 3 FAGG
- Hospitality: rooms outside or inside a building where the guests are served by the innkeeper.
- Innkeeper: Natural or legal person who, as the operator of the hospitality business, entertains guests for a fee or rents rooms and related services.
- Guest: natural person who uses hospitality. As a rule, the guest is also the contractual partner. Guests are also those persons who are entertained in the company of the contractual partner.
- KSchG Consumer Protection Act 1979 as amended
- Consumer: within the meaning of § 1 KSchG
- Entrepreneur: within the meaning of § 1 KSchG
- Reservation: Binding offer by the contractual partner to conclude a hospitality contract.
- Contractual partner: natural or legal person who concludes a hospitality contract as a guest or for a guest.
3. Conclusion of contract / content of contract
- The hospitality contract comes into effect after the availability has been checked by the (verbal or written) acceptance of the reservation – at the latest by the hospitality – by the innkeeper. From this point on, the innkeeper and the contractual partner are bound by the hospitality contract.
- By providing the account or credit card details, the contractual partner declares his express consent to the debiting of all fees incurred – in particular down payments and, if applicable, cancellation fees (according to point 7) – without further consultation with the contractual partner in the direct debit authorization procedure for the selected payment method.
- The basis for the fee are the prices listed in the innkeeper’s current price list at the time of conclusion of the contract, as well as the prices individually agreed through special agreements.
- For all reservations, the contractual partner must provide their full name (company), address, email address (if available) and telephone number, as well as the exact number of guests to be entertained and the scope of the desired entertainment. By submitting the e-mail address, the contractual partner also consents to information material such as Newsletter, offers, etc. to obtain.
- This data is an essential part of the contract and is the basis for billing the contract partner. Exceeding or falling short of the reserved number of people is only permitted with the express consent of the innkeeper. The agreed number of guests will be used as a basis for billing as the minimum number. If the agreed number of people is exceeded, as agreed by the innkeeper, the invoice will be based on the actual number of guests. If the number of guest falls short of the agreed number, the stated cancellation conditions apply in accordance with point 6.
- If no other agreement, e.g. If a flat rate is agreed, all drinks and food consumed will be billed by the innkeeper according to the actual consumption and the order value according to the current price list and an amount of EUR 10 / per reserved guest shall apply as the minimum consumption, which is also applicable if the hospitality services are not used pay is.
4. Special rules for contracts with a deposit
- The innkeeper is entitled to conclude the entertainment contract on the condition that the contractual partner pays a deposit. In this case, the innkeeper is obliged to inform the contractual partner of the required down payment before accepting the written or verbal reservation made by the contractual partner. If the contractual partner agrees to the down payment (in writing or verbally), the entertainment contract comes into existence with successful debiting or payment of the down payment. Only from this point in time does the hospitality contract, which is subject to a deposit, become binding on both sides.
- Up to this point, the reservation can be canceled by either party free of charge and without giving a reason.
Upon acceptance of the offer by the innkeeper, the down payment is due for payment immediately, unless a later due date has been agreed.The cost of the monetary transaction (e.g. transfer fees) is borne by the contractual partner. The respective conditions of the card company apply to credit and debit cards.
- The deposit is a partial payment of the agreed fee.
5. Special regulations for the conclusion of contracts in distance selling
- 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 innkeeper’s announced business hours.
- Acceptance by the innkeeper takes place for bookings via remote communication means exclusively through a reservation confirmation from the innkeeper by email / by post or with an agreed down payment with successful debiting by the innkeeper or with a successful transfer by the contractual partner. For the deposit, the innkeeper will debit the contractual partner’s credit card / account with the amount / percentage stated in the reservation conditions.
- For online bookings, a reservation is only possible after complete and correct entry of all mandatory fields in the reservation window and the express acknowledgment of the AGBG 2016 using the application provided in the reservation window.
- The contractual partner acknowledges that the reservation process for online reservations can no longer be canceled or undone after clicking the “Reserve for a fee” button.
- The contractual partner is solely responsible for the correct entry / disclosure of the data. If the reservation process was only incorrect by entering / providing incorrect or incomplete data, the booking can either be corrected with the help of the innkeeper or another reservation confirmation can be issued. In all cases of complaint, the contract partner must in any case present the reservation confirmation, otherwise the hospitality can be refused by the innkeeper. The electronic reservation confirmation of the innkeeper serves as the only admissible proof of the properly made reservation and must therefore be carried by the contractual partner and presented to the innkeeper in the event of complaints.
- The contractual partner acknowledges that, due to the necessary data transfers over the Internet and other data lines, problems may arise in the reservation, without any legal consequences being derived from this.
6. Resignation of the innkeeper from the entertainment contract
- If the contractual partner / guests do not appear half an hour after the agreed reservation time, there is no obligation to entertain, unless a later arrival time has been agreed.
- If the contractual partner has paid a deposit (see point 4), the reservation remains reserved two hours after the agreed reservation time.
- Up to three months before the agreed catering for the contractual partner or the guests, the catering contract can be terminated by the innkeeper for objectively justified reasons by means of a unilateral declaration.
7. Withdrawal by the contractual partner – cancellation fee
- The services offered by the innkeeper are leisure services within the meaning of Section 18 Paragraph 1 Z 10 FAGG, which are provided at a specific point in time within a precisely specified period. The contractual partner is therefore not entitled to withdraw from the contract in accordance with Section 11 (1) FAGG.
- If the number of guests reserved is less than the number of guests mentioned under point 3, a partial withdrawal to the extent of the number of guests to be reduced is only possible through a unilateral declaration by the contracting party, subject to payment of the cancellation fees stated under point 7.2.
- The respective cancellation fees are to be calculated from the agreed total amount or the total value of the agreed services (food and drinks), any flat-rate agreements or, in the absence of an agreed consumption service, from the amount of EUR 30.00 per reserved guest.
- A down payment already made will be offset against the cancellation fees mentioned under 2 and 7.3.
- The contract partner’s withdrawal is only effective if it is declared in writing.
8. Hindrance to arrival
- If the contractual partner or the guests cannot appear at the catering establishment on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding etc.) make all travel options impossible, the contractual partner is not obliged to pay the agreed fee.
- If the contractual partner or the guests cannot appear at the catering establishment on the day of arrival because they are ill, the contractual partner is obliged to pay the agreed fee; the innkeeper is obliged to entertain the guests.
9. Contractual partner’s law
- By concluding a hospitality contract, the contractual partner acquires the right to the usual hospitality and service, as well as the use of the facilities of the hospitality business, which are usually accessible to the guests for use without special conditions.
- If facilities are not available or usable for technical reasons, the contractual partner is not entitled to a reduction in payment.
- The contractual partner must exercise his rights in accordance with any guest guidelines (house rules)
10. Obligatory contractual partner
- The contractual partner is obliged to pay the agreed fee at the latest at the end of the entertainment plus any additional amounts that have arisen due to separate use of services by him and / or the guests accompanying him plus – if not yet taken into account – statutory sales tax.
- The innkeeper is not obliged to accept foreign currencies. If the innkeeper accepts foreign currencies, these will be accepted as part of payment at the current exchange rate. Should the innkeeper accept foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as inquiries with credit card companies, etc.
- The contractual partner and his guests are jointly and severally liable to the innkeeper for any damage caused by him or the guest or other persons who accept the innkeeper’s services with the knowledge or will of the contractual partner. The contracting party / guest indemnifies and indemnifies the innkeeper for claims by third parties.
- Bringing food and drinks with you without the prior approval of the innkeeper is not permitted.
- The contract partner is responsible for compliance with all legal and official regulations – in particular commercial law, fire protection, copyright and event law, as well as the Upper Austrian Youth Protection Act as amended and the Tobacco and Non-Smoking Protection Act as amended – and must follow the relevant instructions of the innkeeper . Unless otherwise stipulated by law, the contractual partner is obliged to obtain official approvals at its own expense and to meet all official requirements at its own expense.
- Decorative material must meet the fire protection requirements and, like other items, may only be attached with the consent of the innkeeper. It is forbidden to attach decorative material to the walls using glue, tape, furniture staples, nails and screws. Objects brought along must be removed by the contractual partner immediately after the event. If the removal does not take place immediately, the innkeeper has the option of having this carried out by a third party at the expense of the contractual partner or to charge room rental for storage.
11. Rights of the innkeeper
- If the contractual partner refuses to pay the stipulated fee or is in arrears, the innkeeper is entitled to the statutory right of retention in accordance with Section 471 of the Austrian Civil Code (ABGB) on items brought in by the contractual partner or the guest. The restaurateur is also entitled to this right of retention to secure his claim from the hospitality contract, in particular for meals, other expenses that were made for the contractual partner and for any claims for compensation of any kind.
- If the innkeeper fulfills special requests from the contractual partner or guest, the innkeeper is entitled to demand a special fee. However, this special fee or the type of calculation must be disclosed to the guest / contractual partner before the service is provided by the innkeeper. The innkeeper can also refuse these services for operational reasons.
- The innkeeper has the right to invoicing or interim billing for his services at any time.
12. Obligations of the innkeeper
- The innkeeper is obliged to provide the agreed services to an extend that corresponds to his stadard.
- The statutory warranty provisions apply.
13. Limitations of Liability
- If the contractual partner is a consumer, the innkeeper is not liable for slight negligence, including for items brought in, with the exception of personal injury.If the contract partner is an entrepreneur, the liability of the innkeeper and his vicarious agents – also for items brought in – for slight and gross negligence is excluded.
- In this case, the contract partner bears the burden of proof for the existence of the fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. The damage to be compensated finds its limit in each case in the amount of the trust interest.
- There is no liability for items lost by the guest / contract partner.
- The innkeeper endeavors to rectify faults in the technical equipment and other facilities provided directly by the innkeeper. The innkeeper is not liable for failures of these facilities, the power grid or other infrastructural facilities.
- Liability is excluded in any case if the contractual partner and / or guest does not notify the innkeeper of the damage immediately after becoming aware of it. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is no longer valid.
- Animals may only be brought into the catering establishment with the prior consent of the innkeeper and if necessary for a special fee.
- The contractual partner who takes an animal with them is obliged to properly keep or supervise this animal during its stay or to have it kept or supervised by suitable third parties at its own expense.
- The contractual partner or guest who takes an animal with them must have a corresponding animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the innkeeper.
- The contractual partner or his insurer are jointly and severally liable to the innkeeper for the damage caused by animals brought along. The damage also includes, in particular, those compensation services by the innkeeper that the innkeeper has to provide to third parties.
Vouchers of any kind are not redeemed in cash. The period of validity of vouchers is stipulated and defined on the respective voucher, whereby these must be redeemed or exchanged at the latest within a period of 5 years from the date of issue. If vouchers of any kind are lost, the innkeeper will not provide a replacement.
16. Modification of the hospitality contract
- The contractual partner has no right to have the type and extent of the hospitality changed. If the contractual partner announces his wish to change the hospitality contract in good time, the innkeeper can agree to the change in the hospitality contract. The innkeeper is not obliged to do so.
- The innkeeper can provide the contractual partner or the guests with other entertainment (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified. An objective justification is given, for example, if a certain room (s) has (are) become unusable, guests who are already present extend their stay, there is an overbooking or other important operational measures require this step. Any additional expenses for the alternative catering are at the expense of the innkeeper.
17. Termination of entertainment contract – early termination
- If the contractual partner or his guests do not appear, the innkeeper is entitled to demand the agreed fee, subject to point 17.3.
- The innkeeper is entitled to terminate the hospitality contract 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, disgusts the other guests, the owner, his people or is guilty of a punishable act against property, morality or physical safety towards these persons power;
* is attacked by an infectious disease or an illness that goes beyond the duration of the hospitality or otherwise requires care;
* fails to pay the submitted invoices when they are due within a reasonable period (3 days).
If the entertainment contract is terminated for an important reason, the contractual partner is obliged to pay the fee, subject to point 17.3.
- The innkeeper will deduct what he saves as a result of not using his range of services or what he has received from other entertainment. There is only a saving if the hospitality business is fully utilized at the time of non-use of the hospitality ordered by the guest and further guests can be served due to the non-appearance of the contractual partner. The contract partner bears the burden of proof for the savings.
- If the fulfillment of the contract becomes impossible due to an event that is considered to be force majeure (e.g. acts of God, strike, lockout, delivery boycott, official orders, etc.), the innkeeper can terminate the hospitality contract at any time, unless the contract is already considered terminated by law, or the innkeeper is released from his obligation to entertain. Any claims for damages etc. by the contractual partner are excluded.
18. Illness, accident or death of the guest during the meal
- If a guest falls ill / has an accident during his stay in the hospitality establishment, the innkeeper will provide medical care at the guest’s request. If there is imminent danger, the innkeeper will arrange for medical care even without the guest’s special request, especially if this is necessary and the guest is unable to do so himself.
- As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the innkeeper will arrange for medical treatment at the guest’s expense. The scope of these care measures ends at the point in time at which the guest can make decisions or the relatives have been notified of the illness / accident.
- The innkeeper has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successor, in particular for the following costs:
* open medical costs, costs for patient transport, medication and medical aids;
* room disinfection that has become necessary;
* Restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness, accident or death;
* fee for hospitality services used by the guest, plus any costs for the unusability of the rooms due to disinfection, evacuation or the like;
* any other damage incurred by the innkeeper.
19. Place of performance, place of jurisdiction and choice of law
- The place of performance is the place where the catering establishment is located.
- 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) and UN sales law.
- The exclusive place of jurisdiction in bilateral business is the seat of the innkeeper, whereby the innkeeper is also entitled to assert his rights at any other locally and factually competent court.
- If the entertainment contract has been concluded with a contractual partner who is a consumer and has his domicile or habitual abode in Austria, lawsuits against the consumer can only be brought at the consumer’s place of residence, habitual abode or place of employment.
- If the entertainment contract was made with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is responsible for the consumer’s place of residence for lawsuits against the consumer Court has exclusive jurisdiction.
20. Means of payment
To settle your bill, we accept EC cards, Visa, Mastercard and cash or a transfer free of charge.
With the appearance of the new price list, all previous prices lose their validity. We reserve the right to change prices, misprints and errors as well as changes to offers.
- All changes to the hospitality contract must be made in writing on the part of the contractual partner.
- Unless the above provisions provide for anything special, a period begins with the delivery of the document ordering the period to the contractual partner, who has to comply with the period. When calculating a period, which is determined by days, the day in which the point in time or the event falls, according to which the beginning of the period should be based, is not included. Deadlines determined according to weeks or months refer to those days of the week or of the month, which by its name or number corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day in this month is decisive.
- Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
- The innkeeper is entitled to set off his own claims against claims of the contractual partner. The contractual partner is not entitled to offset his own claims against claims of the innkeeper; this does not apply to consumers if the innkeeper is insolvent or the claim of the contractual partner has been established by a court or recognized by the innkeeper.
- In the event of loopholes, the relevant statutory provisions apply.