§ 1 Scope
These general terms and conditions do not exclude special agreements. They are subsidiary to agreements concluded in detail.
§ 2 Definition of concepts
“Owner” is a natural or legal person who provides accommodation for a fee to guests. In this case, the accommodation provider is Hotel Edelweiss By Beier, represented by Anders Beier.
“Guest” is a natural person who uses accommodation. As a rule, the guest is also the contracting party. The term “guest” also includes persons arriving together with the contracting party (e.g. family members, friends, etc.). The term “contracting party” means a natural or legal person in Austria or abroad who concludes an accommodation agreement as a guest or for a guest.
“Consumer” and “Business” – these terms are to be understood in accordance with the Consumer Act of 1979 as amended.
“Accommodation agreement” means the agreement concluded between the owner and the contracting party, the content of which is regulated in more detail below.
§ 3Conclusion of agreement – prepayment
3.1 The accommodation agreement is concluded upon acceptance of the contracting party’s order by the holder. Electronic declarations are deemed to have been received if the party to whom they are intended can retrieve them under normal circumstances.
3.2 The Owner is entitled to conclude the accommodation agreement on condition that the Contracting Party makes an advance payment. In such cases, the Owner is obliged to inform the Contracting Party of the required advance payment before accepting the written or oral order from the Contracting Party. If the Contracting Party accepts the advance payment (written or oral), the accommodation agreement is concluded upon receipt by the Owner of the Contracting Party’s declaration of consent to the payment of the advance payment.
3.3 The contracting party is obliged to pay the prepayment in accordance with the provisions of the respective booking confirmation before accommodation. The costs of the money transfer (e.g. transfer fees) are borne by the contracting party. For credit and debit cards, the terms and conditions of the respective card companies apply.
3.4 The advance payment is a partial payment of the agreed fee..
§ 4 Start and end of accommodation
4.1 Unless the owner offers another time for moving in, the contracting party is entitled to occupy the rented rooms from 3:00 p.m. on the agreed day (“arrival day”).
4.2 If a room is occupied before 6:00 AM, the previous night will be counted as the first night.
4.3 The rented rooms must be vacated by the contracting party no later than 11:00 a.m. on the day of departure. The owner is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Cancellation of accommodation agreement – cancellation fee
Withdrawal of the accommodation provider
5.1 If the accommodation agreement stipulates an advance payment and the advance payment has not been made in a timely manner by the contracting party, the holder may withdraw from the accommodation agreement without giving a deadline.
5.2If the guest does not arrive before 6:00 PM on the agreed arrival day, the owner is not obligated to accommodate the guest unless a later arrival date has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the premises will remain reserved until 11:00 a.m. on the day following the agreed arrival date at the latest. In the event of advance payment of more than four days, the accommodation obligation ends at 6:00 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 owner may terminate the accommodation agreement 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 of the contracting party – cancellation fee
5.5 In the case of a regular booking at the daily rate, the accommodation agreement can be cancelled by unilateral declaration by the contracting party no later than 60 days before the agreed date of arrival without payment of a cancellation fee. For deposits by credit card, the accommodation provider reserves the right to withhold 3.5% of the amount paid as an administration fee.
5.6 Within 60 days before the agreed arrival date of the guest, the cancellation conditions stated in the respective booking confirmation apply.
5.7 Special cancellation conditions apply to events, special packages, offers and group bookings of six rooms or more. These are stated in the respective offer and are binding.
§ 6 Provision of alternative accommodation
6.1The owner may offer the contracting party or the guests suitable replacement accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 There is an objective justification, for example if the room(s) have become unusable, guests already staying are extending their stay, there is overbooking, or other important operational measures necessitate this step.
6.3 Any additional costs for replacement accommodation will be borne by the owner.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation agreement, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation that are normally and without special conditions available for the use of guests, and to the usual service. The contracting party must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed compensation plus any additional amounts arising from separate use of services by the contracting party and/or accompanying guests plus statutory VAT no later than the time of departure.
8.2 The holder is not obliged to accept foreign currency. If the holder accepts foreign currency, these will be accepted as payment at the current exchange rate, if possible. If the holder accepts foreign currency or cashless means of payment, the contracting party bears all related costs, e.g. inquiries with credit card companies, etc.
8.3 The contracting party is liable to the proprietor for any damage caused by the contracting party or the guest or other persons who accept the proprietor’s services with the contracting party’s knowledge or will.
§ 9 Rights of the holder
9.1 If the contracting party refuses to pay the agreed compensation or is in arrears with this, the holder is entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory right of retention pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the objects brought in by the contracting party or the guest. The holder is also entitled to this right of retention or retention to secure his claim under the accommodation agreement, in particular for meals, other expenses incurred on behalf of the contracting party and for any claim for compensation of any kind.
9.2 If the service is requested in the contracting party’s room or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the proprietor is entitled to charge a special fee for this. However, this additional fee must be indicated in the room price list. The proprietor may also refuse these services for operational reasons.
9.3 The Owner is entitled to invoice or submit an interim invoice for its services at any time.
§ 10 Obligations of the holder
10.1 The holder is obliged to provide the agreed services to an extent that corresponds to its standard.
§ 11 Owner’s liability for damage to items brought into the accommodation
11.1 The owner is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the contracting party. The owner is only liable if the items have been handed over to the owner or to persons authorised by the owner or have been brought to a place indicated or designated by the owner. If the owner cannot provide proof, the owner is liable for his own fault or the fault of his staff as well as of persons leaving and arriving. According to Section 970, Paragraph 1 of the ABGB (Austrian Civil Code), the accommodation provider is liable up to the maximum amount stipulated in the Federal Act of 16 November 1921 on the liability of hosts and other business operators, as amended. If the contracting party or the guest does not immediately comply with the owner’s request to deposit their belongings in a special storage place, the owner is exempt from all liability. Any liability of the owner is limited to a maximum of the owner’s liability insurance amount. Any fault on the part of the contracting party or the guest is taken into account.
11.2 The owner is not liable for slight negligence. 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 of the existence of a fault. Consequential or indirect damage as well as lost profits are not compensated under any circumstances.
11.3 The holder is only liable for valuables, money and securities up to an amount of currently €550. The holder is only liable for damages exceeding the aforementioned amount in the event that the holder has accepted such items for storage with knowledge of their condition, or in the event that the damage is caused by the holder himself or one of his employees.
11.4 The owner may refuse to store valuables, money and securities if the items in question are significantly more valuable than the items normally stored by guests at the accommodation in question.
11.5 In any case of presumed storage, liability is excluded if the contracting party and/or guest fails to notify the holder without undue delay of the damage incurred when it becomes aware of it. Furthermore, such claims must be brought before the courts within three years from the date on which the contracting party and/or guest became aware of or could have become aware of the damage; otherwise, the right shall lapse.
§ 12 Limitations of liability
12.1 If the contracting party is a consumer, the holder is not liable for slight negligence, unless there is personal injury.
12.2 If the contracting party is a business, the holder is not liable for slight or gross negligence. In this case, the contracting party bears the burden of proof of the existence of a fault. Consequential, immaterial or indirect damage as well as lost profits are not compensated. The damage eligible for compensation is in any case limited to the amount of the interest on the trust.
§ 13 Animal husbandry
13.1 Animals may only be brought to the accommodation with the prior consent of the owner and against payment of an additional fee. The owner must bring the animal’s own basket or blanket and appropriate food.
13.2 The contracting party bringing an animal is obliged to keep or supervise this animal properly during the stay or to have it kept or supervised by suitable third parties at its 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 the animal. Evidence of such insurance must be presented upon request by the owner.
13.4 The contracting party or its insurance company shall be jointly and severally liable to the owner for any damage caused by animals brought in. The damage shall include in particular any compensation payments that the owner must make to third parties.
13.5 Animals are not allowed in living rooms, public spaces, restaurant rooms, pool and wellness areas.
§ 14 Extension of stay
14.1 The contracting party is not entitled to an extension of his/her stay. If the contracting party notifies in good time that he/she wishes to extend the stay, the holder may accept the extension of the accommodation agreement. However, the holder is not obliged to do so.
14.2 If the contracting party is unable to leave the accommodation on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation agreement is automatically extended for the period during which it is impossible to leave. A reduction in the fee for this period is only possible if the contracting party is unable to fully utilize the services of the accommodation due to the extraordinary weather conditions. The holder is entitled to charge at least the fee corresponding to the price normally charged in the low season.
§ 15 Termination of the accommodation agreement – Early termination
15.1 If the accommodation agreement is concluded for a specific period, it will terminate at the end of this period.
15.2 If the contracting party departs early, the holder is entitled to claim the full agreed compensation. The holder must deduct what it has saved as a result of the non-use of its service offer or what it has achieved by renting out the booked rooms to other parties. A saving is only considered to be present if the accommodation provider is fully booked at the time of the non-use of the rooms booked by the guest and the room can be rented out to other guests as a result of the contracting party’s cancellation. The burden of proof for the savings lies with the contracting party.
15.3 The death of the guest results in the termination of the agreement with the owner.
15.4 If the accommodation agreement is concluded for an indefinite period, the parties may terminate the agreement until 10:00 a.m. on the third day before the intended termination date.
15.5 The owner is entitled to terminate the accommodation agreement with immediate effect for good reason, in particular if the contracting party or the guest:
1.a. makes substantially unfavorable use of the premises or causes discomfort to the other guests, the owner, his staff or third parties residing in the accommodation by his reckless, insulting or otherwise grossly inappropriate behavior, or is guilty of a criminal offense against property, morals or physical safety towards these persons;
1.b. is suffering from a contagious disease or an illness that extends beyond the duration of the stay or otherwise becomes care-requiring;
1.c. fails to pay the invoices submitted when they fall due within a reasonably set period (3 days).
15.6 If the performance of the agreement becomes impossible due to an event considered to be force majeure (e.g. natural disasters, strikes, lockouts, public orders, etc.), the holder may terminate the accommodation agreement at any time without observing a notice period, unless the agreement is already considered terminated by law or the holder is released from its obligation to provide accommodation. Any claim for compensation, etc. from the contracting party is excluded.
§ 16 Guest’s illness or death
16.1 If a guest falls ill during his stay at the accommodation, the owner shall provide medical care at the guest’s request. In case of imminent danger, the owner shall provide medical care even without the guest’s specific request, especially if this is necessary and the guest is unable to provide it himself.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the owner will provide medical care at the guest’s expense. However, the scope of these care measures ceases at the time when the guest is able to make decisions or when the relatives have been informed of the illness.
16.3 The owner is entitled to claim compensation from the contracting party and the guest or, in the event of death, from their legal heirs, in particular for the following costs:
a) outstanding medical expenses, costs for ambulance rides, medicines and medical equipment
b) necessary disinfection of the room,
c) bedding, linen and bedding that have become unusable, or for the disinfection or thorough cleaning of all such items,
d) repair of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with illness or death,
e) room rent, to the extent that the room was occupied by the guest, as well as any days when the room was unusable due to disinfection, evacuation or similar,
f) any other damages suffered by the holder.
§ 17 Place of performance, venue and applicable law
17.1 The place of fulfillment is the place where the accommodation is located: Itter, Tirol.
17.2 This agreement is subject to Austrian formal and substantive law with the exception of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business relations is the holder’s registered office, whereby the holder is also entitled to assert his rights before any other local and competent court.
17.4 If the accommodation agreement is concluded with a party who is a consumer and has his/her domicile or habitual residence in Austria, legal proceedings against the consumer can only be brought at the consumer’s domicile, habitual residence or place of work.
17.5 If the accommodation agreement is concluded with a party who is a consumer and is domiciled in a Member State of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with exclusive territorial and subject-matter jurisdiction for the consumer’s domicile has jurisdiction to hear claims against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a time limit shall begin to run upon delivery of the document setting the time limit to the contracting parties who are required to comply with the time limit. If a time limit is calculated in days, the day on which the time limit or the event which gives rise to the start of the time limit falls shall not be included. Time limits set in weeks or months shall 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 calculated. If this day is missing from the month, the last day of that month shall be decisive.
18.2 Statements must be received in writing by the other party on the last day of the deadline (midnight).
18.3 The holder is entitled to set off his own claims against the claims of the contracting party. The contracting party is not entitled to set off his own claims against the holder’s claims unless the holder is insolvent or the claims of the contracting party have been established by a court or recognised by the holder.
18.4In the event of any gaps in these terms, the relevant legal provisions apply.