General Terms and Conditions

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "GTC 2006") replace the previous Austrian Hotel Industry Terms and Conditions dated September 23, 1981. 1.2 The GTC 2006 do not preclude special agreements. The GTC 2006 are subsidiary to individually agreed terms.

§ 2 Definitions

2.1 Definitions: "Accommodation provider": A natural or legal person who provides accommodation to guests for a fee. "Guest": A natural person who makes use of accommodation. The guest is generally also the contracting party. Those persons who travel with the contracting party (e.g., family members, friends, etc.) are also considered guests. "Contracting party": A natural or legal person, whether domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest. "Consumer" and "Entrepreneur": These terms are to be understood in accordance with the Consumer Protection Act of 1979, as amended. "Accommodation contract": The contract concluded between the accommodation provider and the contracting party, the content of which is further specified below.

§ 3 Conclusion of contract - Down payment

3.1 The accommodation contract is concluded upon acceptance of the booking by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the accommodation provider's published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the booking provider makes a deposit. In this case, the accommodation provider is obligated to inform the booking provider of the required deposit before accepting the booking provider's written or oral booking. If the booking provider agrees to the deposit (in writing or orally), the accommodation contract is concluded upon receipt by the accommodation provider of the booking provider's declaration of consent to pay the deposit.
3.3 The booking provider is obligated to pay the deposit no later than 7 days (receipt date) before the accommodation. The booking provider bears the costs of the money transfer (e.g., bank transfer fees). Credit and debit cards are subject to the respective terms and conditions of the card companies.
3.4 The deposit is a partial payment towards the agreed fee.

§ 4 Start and end of accommodation

4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 4:00 p.m. on the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Cancellation of the accommodation contract - Cancellation fee

Cancellation by the Accommodation Provider
5.1 If the accommodation contract stipulates a deposit and the deposit has not been paid by the contracting party on time, the accommodation provider may cancel the accommodation contract without notice.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival date, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the accommodation will remain reserved until 12:00 p.m. on the day following the agreed arrival date. For prepayments of more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the arrival date being counted as the first day, unless the guest notifies the accommodation provider of a later arrival date.
5.4 The accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons up to 3 months before the agreed arrival date of the contracting party, unless otherwise agreed. Cancellation by the contracting party - cancellation fee
5.5 The accommodation contract may be terminated by the contracting party by unilateral declaration without payment of a cancellation fee up to 3 months before the agreed arrival date of the guest. 5.6 Outside the
period specified in § 5.5, cancellation by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees: - up to 30 days before the arrival date 0% of the total package price; from 29-14 days before the arrival date 50% of the total package price; - less than 14 days before the arrival date 80% of the total package price; - on the arrival date 100% of the total package price.
5.7 If the contracting party cannot arrive at the accommodation on the day of arrival because all travel options are impossible due to unforeseen exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the contracting party is not obligated to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay is reinstated as soon as travel becomes possible again, provided that travel is possible within three days.

§ 6 Provision of alternative accommodation

6.1 The accommodation provider may offer the contracting party or guests suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, particularly if the deviation is minor and objectively justified.
6.2 Objective justification exists, for example, if the room(s) has/have become unusable, if guests already staying at the accommodation extend their stay, if there is overbooking, or if other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contracting party

7.1 By concluding an accommodation agreement, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contracting party

8.1 The contracting party is obligated to pay the agreed fee, plus any additional charges incurred due to separate services requested by them and/or their accompanying guests, plus applicable VAT, no later than the time of departure.
8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, these will be converted at the prevailing exchange rate. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by them, their guests, or any other persons who, with the knowledge or consent of the contracting party, utilize the accommodation provider's services.

§ 9 Rights of the host

9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought onto the premises by the contracting party or the guest. This right of retention or lien also secures the accommodation provider's claims arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any claims for damages of any kind.
9.2 If service is requested in the contracting party's room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee. This special fee must be displayed on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to issue an invoice or interim invoice for his services at any time.

§ 10 Obligations of the host

10.1 The accommodation provider is obligated to provide the agreed services to a standard commensurate with their establishment.
10.2 Examples of special services provided by the accommodation provider that are subject to additional charges and are not included in the accommodation fee are: a) Special accommodation services that can be billed separately, such as the provision of lounges, sauna, indoor pool, swimming pool, garage parking, etc.; b) A reduced price is charged for the provision of extra beds or children's beds.

§ 11 Liability of the innkeeper for damage to items brought onto the premises

11.1 The innkeeper is liable for the belongings brought onto the premises by the contracting party in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB). The innkeeper's liability only applies if the belongings have been handed over to the innkeeper or persons authorized by the innkeeper, or have been brought to a place designated or specified by them. Unless the innkeeper can prove otherwise, the innkeeper is liable for their own negligence or the negligence of their staff, as well as of persons entering and leaving the premises. In accordance with Section 970 Paragraph 1 of the Austrian Civil Code (ABGB), the innkeeper's liability is limited to the amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the contracting party or guest does not immediately comply with the innkeeper's request to deposit their belongings in a designated storage area, the innkeeper is released from all liability. The amount of any liability of the innkeeper is limited to the maximum coverage of their liability insurance. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contracting party is a business, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages, as well as lost profits, will
under no circumstances be compensated. 11.3 The accommodation provider's liability for valuables, money, and securities is limited to the current amount of €550. The accommodation provider is liable for damages exceeding this amount only if they accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider themselves or one of their employees. The limitations of liability according to 12.1 and 12.2 apply accordingly.
11.4 The innkeeper may refuse to accept valuables, money, and securities for safekeeping if they are significantly more valuable than items guests of the establishment typically deposit.
11.5 In all cases of accepted safekeeping, liability is excluded if the contracting party and/or guest fails to notify the innkeeper of any damage immediately upon becoming aware of it. Furthermore, such claims must be asserted in court within three years of the contracting party or guest becoming aware, or reasonably being expected to become aware, of the damage; otherwise, the right to claim expires.

§ 12 Limitations of Liability

12.1 If the contracting party is a consumer, the accommodation provider's liability for slight negligence is excluded, with the exception of personal injury.
12.2 If the contracting party is a business, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the compensable damages are limited to the amount of the reliance interest.

§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly upon payment of a special fee.
13.2 The contracting party bringing an animal is obligated to properly keep and supervise the animal during their stay or to have it kept and supervised by a suitable third party at their own expense.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. This includes, in particular, any compensation the accommodation provider is required to pay to third parties.
13.5 Animals are not permitted in the lounges, common rooms, restaurants, or wellness areas.
13.6 Pets are only allowed with the prior express consent of the accommodation provider and exclusively upon request. A separate surcharge per pet per night will be levied for bringing pets. The accommodation provider reserves the right to refuse certain animal species, breeds, or sizes.

§ 14 Extension of accommodation

14.1 The contracting party has no right to an extension of their stay. If the contracting party notifies the accommodation provider of their wish to extend their stay in a timely manner, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation on the day of departure because all means of departure are blocked or unusable due to unforeseen exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party is unable to fully utilize the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the usual price charged in the off-season.

§ 15 Termination of the accommodation contract - Early termination

15.1 If the accommodation agreement was concluded for a specific period, it ends upon expiry of that period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed payment. The accommodation provider will deduct any savings resulting from the non-utilization of their services or any revenue received from renting the reserved rooms to other guests. Savings only exist if the accommodation provider is fully booked at the time the guest's reserved rooms are not used and the rooms can be rented to other guests due to the contracting party's cancellation. The burden of proof regarding the savings lies with the contracting party.
15.3 The contract with the accommodation provider ends upon the death of a guest.
15.4 If the accommodation agreement 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 agreement with immediate effect for good cause, in particular if the contracting party or guest: a) makes significantly detrimental use of the premises or, through their inconsiderate, offensive, or otherwise grossly improper behavior, makes cohabitation unbearable for the other guests, the owner, their staff, or third parties residing in the accommodation establishment, or commits a punishable act against property, morality, or physical safety against these persons; b) contracts a contagious disease or an illness that extends beyond the accommodation period, or otherwise becomes in need of care; c) fails to pay the presented invoices within a reasonable period (3 days) when due.
15.6 If the performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation agreement at any time without notice. The notice period may be terminated unless the contract is already considered terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages, etc., by the contracting party are excluded.

§ 16 Illness or death of the guest

16.1 If a guest becomes ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. In cases of imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly 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 their relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these measures ends as soon as the guest is able to make decisions or their relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs: a) outstanding medical expenses, costs for ambulance transport, medication and medical aids; b) necessary room disinfection; c) unusable laundry, bed linen and bedding, or alternatively, 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 rental, insofar as the room was used by the guest, plus any days the room was unusable due to disinfection, cleaning, etc.; 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 location of the accommodation establishment.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the Austrian Private International Law Act and the Lugano Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In business-to-business transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider, although the accommodation provider is also entitled to assert its rights before any other court of competent jurisdiction.
17.4 If the accommodation contract was concluded with a contracting party who is a consumer and has their residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode, or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has his residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise provided in the above provisions, a time limit begins to run upon delivery of the document stipulating the time limit to the contracting parties who are required to observe the time limit. When calculating a time limit specified in days, the day on which the event triggering the start of the time limit occurs is not included. Time limits specified in weeks or months refer to the day of the week or month that corresponds by name or number to the day from which the time limit is to be calculated. If this day does not exist in the month, the last day of that month applies.
18.2 Declarations must be received by the other contracting party by midnight on the last day of the time limit.
18.3 The accommodation provider is entitled to offset its own claims against claims of the contracting party. The contracting party is not entitled to offset its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party's claim has been legally established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.