General terms and conditions
§ 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGB) replaces the previous ÖHVB [Austrian Hotel Contract Conditions] as amended on 23 Sept 1981.
1.2 The AGB does not exclude special agreements. The AGB is superseded by any agreements made on an individual basis.
§ 2 Definitions
2.1 ‘Host’ stands to define Sonnenalpe apartments, represented by Franco Del Fabbro, A-1170 Julius Berger Gasse 20, Vienna.
2.2 ‘Guest’ stands to define the customer and its party of people entering into an Accommodation Agreement with the Host’s premises for a defined period of time
§ 3 Execution of the agreement – Deposit payment
3.1 The Agreement shall be deemed entered into upon the acceptance of the Guest’s order by the Host. Electronic declarations shall be deemed received when they can be collected by the Guest to which they are addressed under normal circumstances, provided that they are received during the Host’s business hours.
3.2 The Host shall be entitled to enter into the Accommodation Agreement under the condition that the Guest makes a down payment as specified in the booking conditions. In such event, the Host shall be obliged to inform the Guest of the required down payment before accepting the written or oral order. If the Guest agrees to the down-payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Guest’s declaration of consent on the down payment by the Host.
3.3 The Guest shall be obliged to make the down payment no later than the date, which is stated in the booking confirmation of the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Guest. Credit and debit cards shall be subject to the terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.
§ 4 Start and end of accommodation
4.1 Unless the Host offers any other time of occupancy, the Guest shall be entitled to move into the rented rooms no earlier than 17.00 on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night will be deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Guest by 9.30 on the date of departure. The Host is entitled to charge another day if the rented rooms are not vacated in time.
§ 5 Rescission of the Accommodation Agreement
Cancellation fee Rescission by the Host
5.1 If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Guest in time, the Host may rescind the Accommodation Agreement without granting any grace period.
5.2 The Accommodation fee is due in full 30 days before the arrival date. Should the final payment not take place within these terms, the Host has the right to cancel the Accomodation Agreement and retain the already paid downpayment as per point 5.5 below.
5.3 Unless otherwise agreed upon, the Host may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the date of arrival of the Guest.
Rescission by the Guest – Cancellation fee
5.4 The Guest may rescind the Accommodation Agreement by means of a unilateral declaration within 3 (three) months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee. Any down payment already paid will be returned, net of any bank transaction fees incurred.
5.5 Outside the period specified in § 5.3., the Guest may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:
- 30% of the total agreed price between 3 months and 1 month before the date of arrival;
- 75% of the total agreed price between 1 month and 14 days before the date of arrival;
- 100% of the total agreed if less than 14 days before
§ 6 Provision of substitute accommodation
6.1 The Host may provide the Guest or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Guest, particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the apartment(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid by the Host.
§ 7 Rights of the Guest
7.1 By entering into an Accommodation Agreement, the Guest shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Guest shall exercise their rights in accordance with the applicable rules of the house.
§ 8 Obligations of the Guest
8.1 The Guest shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Guest and/or the accompanying guests plus any applicable VAT within 30 days before the arrival date.
8.2 The Host is not be obliged to accept foreign currencies. If the Host accepts foreign currencies, such shall be accepted at the current price if possible. If the Host accepts foreign currencies or cashless means of payment, the Guest shall pay any associated costs, e.g. for inquiries with credit card companies, etc.
8.3 The Guest shall be liable towards the Host for any damage caused by themselves or any other persons that receive services of the Host with the knowledge or in accordance with the intention of the Guest.
§ 9 Rights of the Host
9.1 If the Guest refuses to pay or is in arrears with the agreed remuneration, the Host shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Guest. Furthermore, the Host shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Guest and for any kind of damage claims.
9.3 The Host shall be entitled to issue invoices or interim invoices for its services at any time.
§ 10 Obligations of the Host
10.1 The Host shall be obliged to provide the agreed services to an extent that complies with its standards.
§ 11 Liability of the Host for damage to items of guests
11.1 The Host shall not be liable for the items brought along by the Guest in accordance with §§ 970 ss of ABGB. Unless the Host provides other evidence, the Host shall be liableonly in case it is its own fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec. 1 of ABGB, the Host shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Guest fails to immediately comply with the Host’s request to deposit their items in a special deposit, the Host shall be released from any liability. The amount of any liability of the Host shall be limited to a maximum of the sum insured under the third-Guest liability insurance of such Host. Any fault of the Guest shall be taken into account.
11.2 The Host may not be held liable for slight negligence. If the Guest is an Entrepreneur, the Host may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Guest. No consequential or indirect damage and no loss of profit shall be reimbursed.
11.3 The Host is not liable for valuables, money and securities left in the apartment in absence of the Guest. The Host shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.
11.4 The Host may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Guest fails to immediately notify the Host of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Guest; otherwise, the right shall become extinct.
§ 12 Limitations of liability
12.1 If the Guest is a Consumer, the Host may not be held liable for slight negligence, except for bodily injury.
12.2 If the Guest is an Entrepreneur, the Host may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Guest. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Guest has relied on the validity of the agreement (Vertrauensinteresse).
§ 13 Animals
13.1 Animals may NOT be brought into the accommodating establishment without the prior consent of the Host and against extra remuneration.
13.2 The Guest bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third Guest at their own expense.
13.3 The Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Host upon request.
13.4 The Guest and/or their insurance company shall be jointly and severally liable towards the Host for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Host to third parties.
13.5 Animals shall not be permitted to enter common areas frequented by other guests.
§ 14 Prolongation of the accommodation
14.1 The Guest may not claim for a prolongation of their stay. If the Guest informs the Host in time that they intend to prolong their stay, the Host may consent to a renewal of the Accommodation Agreement. However, the Host shall not be obliged to do so.
14.2 If the Guest is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Guest is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Host shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement – Early cancellation
15.1 If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
15.2 If the Guest leaves prematurely, the Host shall be entitled to charge the total agreed remuneration. The Host shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Guest. The burden of proof to show that savings have been made shall lie with the Guest.
15.3 Upon the death of a Guest, the Agreement with the Host shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.
15.5 The Host shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Guest or its party:
a) makes significantly adverse use of the apartments or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;
15.6 If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official government orders etc.), the Host may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Host is released of its obligation to accommodate the Guest. Any claims for damages etc. by the Guest shall be excluded.
§ 16 Sickness or death of the Guest
16.1 The Host is not obliged to provide any assistance whatsoever in case a Guest gets sick or dies during their stay at the accommodating establishment. The Guest or a member of its party shall arrange for appropriate medical care / transport of the corpse on its own.
16.2 As long as the Guest and its party are unable to make decisions or it is not possible to contact the family of the Guest, the Host shall arrange for medical care at the expense of the Guest. The extent of such care will end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
16.3 The Host shall particularly be entitled to damages from the Guest or the Guest or, in the event of their death, their successors for the following expenses:
a) unsettled medical costs, costs for ambulance transports, drugs and medical aids
b) room disinfections that have become necessary,
c) linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,
d) restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,
e) rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,
f) any other damage incurred by the Host.
§ 17 Place of performance, place of jurisdiction and applicable law
17.1 The place of performance shall be the place where the accommodating establishment is situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
17.3 The exclusive place of jurisdiction shall be Vienna.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Guest that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
18.2 Any declarations shall be received by the other Guest by the last day of the time limit (12.00 midnight).
18.3 The Host shall be entitled to offset any of its claims against claims of the Guest. The Guest shall not be entitled to offset any of its claims against claims of the Host unless the Host is insolvent or the Guest’s claim has been established by a court or acknowledged by the Host.
18.4 If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.
§ 19 Pricing
The prices quoted are subject to legal duties and taxes and extent variable. If there are changes in the legal duties and taxes the Host is entitled and obliged to raise or reduce prices.