general terms and conditions
- These General Terms and Conditions apply to all
supplies and services provided to the guest by the hotel.
- Any stipulations, even if they are part of the
terms and conditions of the partner but which contradict the present terms
and conditions shall not be applicable unless prior written consent has
been given by the hotel.
II. Conclusion of the contract
- The relevant contract comes into existence
following a written request by the contract partner and on acceptance by
- The contractual partners are the hotel and a
guest. If a third party has initiated the booking on behalf of the guest,
this third party, together with the guest, shall be liable to the hotel
for fulfilling any arising from the agreement, once the hotel receives the
corresponding declaration from the booking agent. Independently of this,
any booking agent is obliged to forward all information to do with the
booking, in particular these general terms and conditions, to the guest.
- Any subletting or sharing of the rented rooms or
any use which differs from the usual accommodation purposes must be
expressly consented to in writing by the hotel.
III. Services, prices, payment
- The hotel is obliged to have the booked rooms
available according to the present general terms and to fulfil the
- The guest is obliged to pay the current or agreed
prices of the hotel for room rental and any additional services provided.
This also applies to any services or expenses, which the hotel has
organised with the guest or a third party on behalf of the guest.
- The agreed prices include statutory value-added
tax at the rate applying at the given time.
- Prices may be altered by the hotel if the guest
subsequently wants to change the number of booked rooms, services of the hotel
or the duration of the guests' stay and the hotel gives its consent.
- Any bills issued by the hotel are payable
immediately upon receipt of the given invoice without deduction. The guest
will be in default if he does not pay within 30 days at the latest after
receipt and due date of an invoice. This is only valid for a guest if
explicit reference has been made to this effect in the invoice.
- In cases of delayed payment, the hotel has the
right to add 5% interest above the basic rate to the invoiced amount. In
case of businesses, the additional interest is 8% above the basic rate.
The hotel reserves the right to charge a higher rate. Any reminder notices
sent can incur a charge of €5.
- The hotel is entitled to request advance payment
or provision of security from the contract partner on conclusion of
contract. The amount and when it is due can be agreed in the written
contract. The hotel also has the right during the guest’s stay in the
hotel to send intermediate bills at any time, and request immediate payment.
The guest shall only be entitled to offset against undisputed claims or
claims which have been validated by due legal process.
- The guest has the right to cancel at any time. In
such cases, the following conditions apply: In the case of cancellation of
a booking by the guest, the hotel has a claim to suitable compensation. If
circumstances cause cancellation of holidays, we ask that guests inform us
as early as possible. The following cancellation conditions apply.
- Up to 3 months prior to arrival: no cancellation charg
- 40% of the total agreed price by 1 month before the date of arrival;
- 70% of the total agreed price by 1 week before the date of arrival;
- 90% of the total agreed price within the last week preceding the date of arrival, if you leave the hotel before the booked departure date you have to pay 100%
We recommend taking out Europäische Reiseversicherung holiday cancellation
insurance. In as much as the hotel calculates the fixed amount of compensation, this
amount cannot exceed the contractual agreed prices for the hotel’s services,
minus any savings the hotel has been able to make by other use of the hotel
- The aforementioned compensation regulations are
in place if the guest does not make use of the booked room or the booked
services without informing the hotel in good time.
- If the hotel has allowed the guest an option of
cancelling within a certain time without repercussions, then the hotel has
no claim for compensation. The decisive factor for a valid cancellation is
the time that notice reaches the hotel. The guest must ask for
cancellation in written form.
V. Cancellation by the hotel
- In as much as the guest is granted free
cancellation rights according to condition IV paragraph 2, the hotel is
also entitled to cancel a booking within the agreed time if enquiries for
the booked rooms are received from other guests, and the guest has not
produced final confirmation of the booking following a request from the
- If the agreed prepayment or deposit in accordance
with point III paragraph 6 has not been paid within the given time, the
hotel is likewise entitled to cancel the booking.
- Moreover, the hotel is entitled to relinquish the
contract for good reason, especially in the following cases:
- If rooms have been booked using false
information, for example regarding the identity of the guest, for the
purpose of booking.
- If the hotel has good reason to believe that if
the booking should go ahead, it would hinder the smooth running of the
business, or adversely affect the safety or public reputation of the
hotel, without this being the hotel’s or the organisation’s fault.
- If unauthorised sharing for subletting takes
place, as detailed in point II paragraph 3.
- If a case arises as detailed in point VI,
- If the hotel is led to believe that after taking
out the hotel contract, the ability of the guest to pay has considerably
worsened, especially if the guest has not been able to settle the hotel’s
bills, or has not offered sufficient deposit, and therefore the payment
demands of the hotel appear to be insecure.
- If the guest has applied for insolvency, or
completed an affidavit according to § 47 EO (enforcement: execution of
legal backup procedures), has put in place an out-of-court settlement of
debts or has withheld payments.
- The hotel must immediately inform the guest in
writing that it is carrying out its cancellation rights.
- In the above cases of conservation, the guest has
no right to compensation.
VI. Arrival and departure
- The guest has no right for the allocation of
certain rooms, unless the hotel has confirmed in writing that certain
rooms will be allocated.
- Booked rooms will be available to guests from 02:00
PM of the agreed date of arrival. Guests cannot expect rooms to be
available before this time.
- Booked rooms must be occupied by guests by 6 PM
at the latest on the agreed arrival day.
- If a later arrival time has not been agreed, the
hotel has the right to allocate rooms to others after 6 PM without the
guest having any claim for replacement. The hotel in this case has the
right of cancellation.
- On the agreed date of departure, rooms must be
vacated by 10:00 AM at the latest. If the room has not been vacated by
this time, the hotel reserves the right to charge the full day’s price for
the room for the additional use until 6 PM, and the full accommodation
price for the room if after 6 PM. The guest is entitled to prove to the
hotel that no loss or a considerably lower loss has been caused.
VII. Liability of the hotel, limitation
- The hotel is liable according to legal
regulations in the event of culpable damage to life, limb, or health.
- In the case of other damage, the hotel’s
liability is limited to cases whereby gross negligence of the hotel, legal
representative, or leading employers is to blame.
- The above limitation on liability applies to all
claims for compensation regardless of the legal reason, including claims
for tortious liability. The limitation of liability also applies in cases
where claims for compensation of a guest arise against a member of staff or
hotel assistant. It does not apply in cases of liability for a deficiency
following taking on a guarantee for carrying out something, or works,
fraudulently concealed faults, or personal injuries.
- For items brought by guests into the hotel
according to the conditions stipulated, the limit of liability for the
hotel is a maximum of € 1.100,00 if they cannot prove that the damage was
caused by him or one of his employees nor by strangers entering and
leaving the building. Under these circumstances the hotel is liable only
to a maximum of € 550,00 for valuables, money and documents, unless the
hotel has agreed to look after the object or the damage has been caused by
the hotel or its staff. There can be no claim for compensation if the
guest does not report the loss or damage or damage to the hotel
immediately when he becomes aware of it. This does not however apply if
the item concerned has been stored safely in the hotel safe.
- As the guest has been provided with a parking
space in the underground car park or on the car park for free, the hotel
is only liable according to legal regulations up to the legal limit
stipulated. In such cases, damage must be reported to the hotel before
leaving the hotel grounds.
- Morning calls are undertaken by the hotel with
great care. There can be no claims for compensation, except in cases of
gross negligence or intention.
- Messages, post, and deliveries for guests are
undertaken with due care. The hotel could undertake delivery, storage, and
if required, the forwarding of these (charge applies). The same applies to
enquiries about lost property. Claims for losses, except due to gross
negligence or intent, will not be upheld. The hotel is entitled, after
storage of items for at least one month, to hand items over to the local
lost property office and to demand a reasonable charge for this.
- Claims for compensation on the part of the guest
are limited to 3 years after reporting the damage. This does not apply to
liability of personal damage to life, limb, or health, or for other damage
caused by gross negligence or intent on the part of the hotel, legal
representative, or anyone carrying out the duties of the hotel.
VIII. Final provisions
- Any changes or alterations to the contract
require the agreement of the contract partner, and must be in written form
to be valid.
- Place of jurisdiction where the hotel is located.
- For any contractual disputes, the jurisdiction of
the court at the location of the hotel applies, unless the guest as
consumer has a place of work or residence in the inland; In this case, the
location of the court of jurisdiction the place that was stated in the
registration by the guest.
- This agreement is governed by Austrian law.
- If individual terms of these general terms and
conditions are unworkable or cease to be applicable, this does not affect
the full validity of the rest of the conditions. In all other respects,
statutory provisions apply.
- The general conditions of the Austrian hotel
industry apply: www.hotelverband.at
Status: November 2016