Extract from the general terms and conditions for the hotel industry
§1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version dated 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually concluded agreements.
§2 Definitions of terms:
"Hosts": is a natural or legal person who accommodates guests against payment. For the following contract, the accommodation provider is Walter Tipotsch GmbH, A-6293 Tux, Lanersbach 449.
"Guest: Is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also deemed to be guests.
"Contractual partner": is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
"Accommodation contract": Is the contract concluded between the hotelier and the contracting party, the content of which is regulated in more detail below.
§3 Contract - Prepayment
3.1 The Accommodation Agreement shall become effective upon acceptance of the Party's order by the Proprietor. Binding reservations shall be made in writing (letter, fax or e-mail) and shall be recognised as legally binding even without signature.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement subject to the condition that the Party shall make a down payment.
3.3 The advance payment shall be a partial payment on the agreed remuneration. The costs for the financial transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective conditions of the card companies apply.
§4 Beginning and end of accommodation
4.1 Arrival: Arrival only possible from 1:00 pm (or by arrangement) ! If your arrival will be later than 6:00 pm please contact us.
4.2 If a room is occupied for the first time before 06:00 a.m., the previous night shall count as the first night.
4.3 On the day of departure the rooms must be vacated by 10.00 a.m. at the latest. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in time. In case of early departure the room price will be charged.
§5 Withdrawal from the accommodation contract - cancellation fee
Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and if the down payment was not made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to provide Accommodation unless a later time of arrival has been agreed.
5.3 If the Party has made a down payment (see 3.3), however, the rooms shall remain reserved until 12.00 noon of the day following the agreed date of arrival at the latest. In the event of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.
5.4 The Proprietor may terminate the Accommodation Agreement for objectively justified reasons by unilateral declaration by no later than 6 weeks before the agreed date of arrival of the Party, unless otherwise agreed.
Cancellation by the Party - Cancellation Fee
5.5 Up to 6 weeks before the agreed date of arrival of the Guest at the latest, the Accommodation Agreement may be cancelled by either Party by unilateral declaration without payment of a cancellation fee. The cancellation declaration must be in the hands of the Party at the latest 6 weeks before the agreed date of arrival of the Guest.
5.6 Outside the period stipulated in § 5.5, a cancellation by unilateral declaration of the contractual partner is only possible by paying the following cancellation fees:
- up to 1 month before the day of arrival 40% of the total package price;
- up to 1 week before the day of arrival 70% of the total package price;
- in the last week before the day of arrival 90% of the total package price.
In case of a cancellation (even partial) the accommodation provider has the right to settle the cancellation fees with the deposit (already paid deposit). Even if the guest does not make use of the ordered rooms or the boarding house services, he is obliged to pay the agreed fee to the accommodation provider. It is incumbent on the accommodation provider to endeavour to rent out the rooms not used to others according to the circumstances (4 1107 ABGB).
Obstruction of arrivals
5.7 If the Party is unable to appear at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay the fee for the booked stay is revived from the time of arrival if the journey becomes possible again within three days.
§6 Provision of alternative accommodation
6.1 The Proprietor may provide the Guest with an adequate substitute accommodation if this is reasonable for the Guest, especially if the difference is minor and objectively justified.
6.2 A factual justification shall be deemed to exist, for example, if the room(s) have become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§7 Rights of the contracting party
7.1 By concluding an Accommodation Agreement, the Guest shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions accessible to the Guests for use, and to the customary service. The contractual partner must exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
7.2 The guest has the right to occupy the rented rooms from 14.00 pm on the agreed day.
7.3 If full board and half board have been agreed upon, the guest has the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals not taken, provided that he/she has notified us in good time, i.e. 6:00 p.m. on the previous day.
7.4 Otherwise, the Guest shall not be entitled to claim compensation from the Proprietor if it does not use the agreed meals within the usual times of day and in the rooms designated for this purpose.
§8 Terms of payment and obligations of the contracting party
8.1 The AGBH 2006 including the above mentioned special agreements in the above-mentioned constitution apply.
8.2 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts that may have arisen due to the separate use of services by him and/or the guests accompanying him plus statutory VAT at the latest at the time of departure.
8.3 If a down payment (deposit) has been made, this will be offset against the cancellation fees incurred in the event of cancellation.
§9 Rights of the Proprietor
If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall have the legal right of retention according to § 970c ABGB (Austrian Civil Code) as well as the legal right of lien according to § 1101ABGB (Austrian Civil Code) on the items brought in by the Party or Guest. Furthermore, the Proprietor shall be entitled to this right of retention or lien to secure its claims arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for damages of any kind.
In the event of loopholes in the regulations, the relevant statutory provisions shall apply.