Terms & Conditions

§ 01 Scope

The Terms & Conditions do not exclude special agreements. The Terms & Conditions are subsidiary (supporting) to
agreements made in individual cases.

§ 02 Definitions

“Landlord”: Is a natural or legal person who accommodates guests in return for
payment.
“Guest”: Is a natural person who makes use of accommodation. The guest is
usually also the contractual partner. Persons traveling with the
contractual partner (e.g., family members, friends, etc.) are also
considered guests.
“Contracting party”: A natural or legal person from Austria or abroad 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.

§ 03 Conclusion of contract – deposit

3.1 The accommodation contract is concluded when the landlord accepts the contractual
partner’s order. Electronic declarations are deemed to have been received when the
party for whom they are intended can access them under normal circumstances and
access takes place during the landlord’s stated business hours.

3.2 The landlord is entitled to conclude the accommodation contract on condition that the
contractual partner makes a down payment. In this case, the landlord is obliged to
inform the contractual partner of the required down payment before accepting the
contractual partner’s written or verbal order. If the contracting party agrees to the
deposit (in writing or verbally), the accommodation contract shall come into effect
upon receipt of the contracting party’s declaration of consent to pay the deposit by the
landlord.

3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) prior
to accommodation. The costs for the money transaction (e.g. transfer fees) shall be
borne by the contracting party. For credit and debit cards, the respective terms and
conditions of the card companies apply.

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

§ 04 Start and end of the accommodation

4.1 Unless the landlord offers a different check-in time, the contracting party has the right
to check into the rented rooms from 4:00 p.m. on the agreed day (“arrival day”).

4.2 If a room is first occupied before 6:00 a.m., the previous night counts as the first
night.

4.3 The rented rooms must be vacated by the contractual partner by 11:00 a.m. on the
day of departure. The landlord is entitled to charge for an additional day if the rented
rooms are not vacated on time.

§ 05 Withdrawal from the accommodation contract – Cancellation fee 

Withdrawal by the lessor

5.1 If the accommodation contract provides for a deposit and the contractual partner
has not paid the deposit on time, the lessor may withdraw from the accommodation
contract without a grace period.

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 made a down payment (see 3.3), the premises shall remain
reserved until 12 noon on the day following the agreed arrival date at the latest. In the
case of advance payment for more than four days, the obligation to provide
accommodation ends at 6 p.m. on the fourth day, with the day of arrival being counted
as the first day, unless the guest announces a later arrival date.

5.4 The accommodation contract may be terminated by the landlord by unilateral
declaration for objectively justified reasons no later than 3 months before the agreed
arrival date of the contracting party, unless otherwise agreed.
Withdrawal by the contracting party – Cancellation fee

5.5 The accommodation contract may be terminated without payment of a cancellation fee
by unilateral declaration by the contracting party up to 3 months before the agreed
arrival date of the guest.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the
contracting party is only possible upon payment of the following cancellation
fees:

– up to 3 months no cancellation fee;
– up to 1 month before the arrival date 40% of the total package price;
– up to 1 week before the arrival date, 70% of the total package price;
– in the last week before the arrival date, 90% of the total package price.

Impediments to arrival

5.7 If the contracting party is unable to arrive at the accommodation facility on the day of
arrival because all means of travel are impossible due to unforeseeable exceptional
circumstances (e.g., extreme snowfall, flooding, etc.), the contracting party 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 shall resume as soon as travel
becomes possible again within three days.

§ 06 Provision of alternative accommodation

6.1 The landlord may provide the contractual partner or guests with adequate replacement
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 is given, for example, if the room(s) has (have) become
unusable, guests who are already accommodated extend their stay, there is
overbooking, or other important operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation shall be borne by the lessor.

§ 07 Rights of the contracting party

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

§ 08 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts
incurred due to separate services used by him and/or the guests accompanying him,
plus statutory sales tax, at the latest at the time of departure.

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

8.3 The contracting party shall be liable to the lessor for any damage caused by him or
the guest or other persons who, with the knowledge or consent of the contracting
party, accept services from the lessor.

§ 09 Rights of the lessor

9.1 If the contractual partner refuses to pay the agreed remuneration or is in arrears with
payment, the landlord is entitled to the statutory right of retention and the statutory lien on the items brought in by the contractual partner or the guest. This right of retention or lien shall also entitle the landlord to secure his claim from the
accommodation contract, in particular for meals, other expenses incurred on behalf of
the contracting party, and for any claims for compensation of any kind.

9.2 If service is requested in the contractual partner’s room or at unusual times of the day
(after 8:00 p.m. and before 6:00 a.m.), the landlord is entitled to charge a special fee for
this. However, this special fee must be indicated on the room price list. The landlord may
also refuse these services for operational reasons.

9.3 The landlord is entitled to settle accounts or issue interim invoices for his services at
any time.

§ 10 Obligations of the landlord

10.1 The landlord is obliged to provide the agreed services to a standard that
corresponds to his usual standard.

10.2 Special services provided by the landlord that are subject to labeling
and are not included in the accommodation fee include, for example:
Special accommodation services that can be invoiced separately, such as the provision
of lounges, sauna, indoor swimming pool, outdoor swimming pool, solarium, garage
parking, etc.; a reduced price is charged for the provision of additional beds or cots.

§ 11 Liability of the lessor for damage to items brought in

11.1 The lessor is only liable if the items have been handed over to the lessor or to persons authorized by the lessor or have been brought to
a location designated or specified by the lessor. If the lessor fails to provide proof, the
lessor shall be liable for its own negligence or the negligence of its employees and
persons entering and leaving the premises. If the contractual partner or guest does not immediately comply with the lessor’s request to
deposit their belongings in a special storage location, the lessor is released from any
liability. The amount of any liability on the part of the lessor is limited to a maximum of
liability insurance sum of the respective lessor. Any fault on the part of the contractual
partner or guest shall be taken into account.

11.2 The lessor’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 lost profits will not be compensated under any
circumstances.

11.3 The lessor is only liable for valuables, money, and securities up to the current amount
of $€ 550. The lessor is only liable for damages exceeding this amount if he accepted
these items for safekeeping with knowledge of their nature or if the damage was caused
by himself or one of his employees. The limitation of liability pursuant to 12.1 and 12.2
applies mutatis mutandis.

11.4 The landlord may refuse to store valuables, money, and securities if they are
significantly more valuable than items usually stored by guests of the accommodation
facility in question.

11.5 In any case of accepted safekeeping, liability is excluded if the contractual partner
and/or guest does not immediately notify the landlord of the damage that has occurred
as soon as they become aware of it. Furthermore, these claims must be asserted in
court within three years of the contractual partner or guest becoming aware or possibly
becoming aware of the damage; otherwise, the right expires.

§ 12 Limitations of liability

12.1 If the contractual partner is a consumer, the lessor’s liability for slight negligence,
with the exception of personal injury, is excluded.

12.2 If the contractual partner is an entrepreneur, the lessor’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, immaterial damages, or indirect
damages, as well as lost profits, will not be compensated. In any case, the damage to
be compensated is limited to the amount of the contract value.

§ 13 Keeping animals

13.1Animals may only be brought into the accommodation facility with the prior consent of
the landlord and, if necessary, for a special fee.

13.2 The contracting party who brings an animal with them is obliged to keep and
supervise this animal properly during their stay or to have it kept and supervised by a
suitable third party at their own expense.

13.3 The contractual partner or guest who brings an animal with them must have appropriate
animal liability insurance or private liability insurance that also covers any damage
caused by animals. Proof of the relevant insurance must be provided at the request of
the landlord.

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

13.5Animals are not allowed in the salons, social rooms, restaurant areas, and wellness
areas.

§ 14 Extension of accommodation

14.1 The contracting party has no right to have their stay extended. If the contracting party announces their wish to extend their stay in good time, the landlord may agree to
extend the accommodation contract. The landlord 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 unforeseeable
exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation
contract shall be automatically extended for the duration of the impossibility of
departure. A reduction in the fee for this period is only possible if the contracting party
is unable to make full use of the services offered by the accommodation provider as a
result of the exceptional weather conditions. The accommodation provider is entitled to
demand at least the fee that corresponds to the price usually charged in the low
season.

§ 15 Termination of the accommodation contract – Early
termination

15.1If the accommodation contract was concluded for a specific period, it ends when that
period expires.

15.2 If the contractual partner departs prematurely, the landlord is entitled to demand
the full agreed fee. The landlord will deduct what he has as a result of the non-use of its services or what it has received from renting the reserved
rooms to other parties. Savings are only deemed to have been made if the
accommodation provider is fully booked at the time of the non-use of the rooms reserved
by the guest and the rooms can be rented to other guests due to the cancellation by the
contractual partner. The burden of proof for the 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 until 10:00 a.m. on the third day before the intended
end of the contract.

15.5 The landlord is entitled to terminate the accommodation contract with immediate
effect for good cause, in particular if the contractual partner or guest

a) makes significantly detrimental use of the premises or, through their inconsiderate,
offensive, or otherwise grossly inappropriate behavior, makes the other guests, the
owner, their staff, or third parties living in the accommodation facility uncomfortable
or commits a punishable offense against the property, morality, or physical safety of
these persons;

b) is afflicted by a contagious disease or a disease that extends beyond the
duration of the accommodation or otherwise requires care;

c) does not pay the invoices submitted within a reasonable period (3 days) after they
become due.

15.6 If the fulfillment of the contract becomes impossible due to an event that can be
considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.),
the landlord may terminate the accommodation contract at any time without observing a
notice period, provided that the contract is not already considered terminated by law or
the landlord is released from his 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, the landlord will arrange for
medical care at the guest’s request. If there is imminent danger, the landlord will arrange
for medical care even without the guest’s specific request, 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 landlord shall provide medical treatment at the guest’s expense.
However, the scope of these care measures shall end at the point in time when the
guest is able to make decisions or the relatives have been notified of the illness.

16.3 The landlord shall be entitled to claim compensation from the contracting party and
the guest or, in the event of death, from their legal successors, in particular for the
following costs:

– outstanding medical expenses, costs for ambulance transport, medication, and medical aids

– necessary room disinfection,

– linen, bedding, and bed furnishings that have become unusable, otherwise for the
disinfection or thorough cleaning of all these items,

– Restoration of walls, furnishings, carpets, etc., insofar as these have been
contaminated or damaged in connection with the illness or death, room rental, insofar
as the room was used by the guest, plus any days during which the rooms were
unusable due to disinfection, clearance, or similar, any other damage incurred by the
landlord.

§ 17 Place of performance, place of jurisdiction, and choice of law

17.1 The place of performance is the location of the accommodation facility.

17.2 This contract is subject to French formal and substantive law, excluding the rules of
private international law (in particular IPRG and EVÜ) and UN sales law.

17.3 The exclusive place of jurisdiction in bilateral business transactions is the registered
office of the lessor, whereby the lessor is also entitled to assert his rights before any
other local and competent court.

17.4 If the accommodation contract was concluded with a contractual partner who is a
consumer and has his domicile or habitual residence in France, legal action against
the consumer may only be brought 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 is domiciled in a member state of the European Union (with the exception
of France), Iceland, Norway, or Switzerland, the court with local and subject-matter
jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for
legal action against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise specified in the above provisions, a period shall commence upon
delivery of the document stipulating the period to the contracting party who is required to
observe the period. When calculating a period determined by days, the day on which the
date or event occurs that determines the start of the period shall not be included. Time
limits determined by weeks or months refer to the day of the week or month which, by its
name or number, corresponds to the day from which the time limit is to be counted. If
this day does not exist in the month, the last day of that month shall be decisive.

18.2 Declarations must be received by the other contracting party on the last day of the
period (midnight).

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

18.4 In the event of loopholes in the provisions, the relevant statutory provisions shall apply