GENERAL TERMS & CONDITIONS
We would like to inform you about the general terms and conditions of the RESIDENZ BOUTIQUE SUITES in the context of the use of this website to book your stay at the RESIDENZ BOUTIQUE SUITES:
Table of Contents
• 1 Scope of application
• 2 Definitions
• 3 Execution of agreement – down payment
• 4 Start and end of accommodation
• 5 Rescission of the Accommodation agreement– cancellation fee
• 6 Provision of substitute accommodation
• 7 Rights of the party
• 8 Obligations of the party
• 9 Rights of the Proprietor
• 10 Obligations of the Proprietor
• 11 Liability of the Proprietor for damage to items of guests
• 12 Limitations of liability
• 13 Animal
• 14 Extension of accommodation
• 15 Termination of the accommodation contract – early cancellation
• 16 Sickness or death of the guest
• 17 Place of performance, jurisdiction and choice of law
• 18 Miscellaneous
1 SCOPE OF APPLICATION
These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to detailed agreements.
2 DEFINITIONS
Definitions of terms: "Proprietor": Is a natural or legal person who accommodates guests for a fee. "Guest": Is a natural person who makes use of accommodation. As a rule, the guest is also a contractual partner. Guests who travel with the contractual partner (e.g. family members, friends, etc.) are also considered guests. "Contractual partner": Is a natural or legal person at home or abroad who concludes an accommodation contract as a guest or for a guest. "Consumer" and "entrepreneur": The terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended. "Accommodation contract": Is the contract concluded between the accommodation provider and the contractual partner, the content of which is subsequently regulated in more detail.
3 EXECUTION OF AGREEMENT – DOWN PAYMENT
The accommodation contract is concluded by the acceptance of the contract partner's order by the accommodation provider. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access is made during the advertised business hours of the Proprietor. The Accommodation Provider is entitled to conclude the Accommodation Contract on condition that the Contracting Party makes a deposit. In this case, the Proprietor is obliged to inform the Contractual Partner of the required down payment before accepting the written or oral order of the Contractual Partner. An accommodation contract is only concluded by the written booking confirmation by the accommodation provider. The contractual partner is obliged to pay the deposit no later than 7 days (incoming) after completion of the booking. The costs for the money transaction (e.g. transfer fees) shall be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies apply. The down payment is a partial payment on the agreed fee.
4 START AND END OF ACCOMMODATION
The contractual partner has the right, if the accommodation provider does not offer another reference time, to move into the rented rooms from 15.00 o'clock of the agreed day ("arrival day"). If a room is used for the first time before 6.00 a.m., the previous night counts as the first overnight stay. The rented rooms are to be vacated by the contractual partner on the day of departure by 11.00 a.m. The Proprietor is entitled to charge an additional day if the rented rooms have not been vacated in due time.
5 RESCISSION OF THE ACCOMMODATION AGREEMENT– CANCELLATION FEE RESCISSION BY THE PROPRIETOR
If the accommodation contract provides for a down payment and the down payment has not been made by the contractual partner on time, the accommodation provider may withdraw from the accommodation contract without a grace period. If the guest does not appear by 10.00 p.m. on the agreed day of arrival, there is no obligation to stay, unless a later arrival time has been agreed. Up to 3 months before the agreed date of arrival at the latest (with the exception of unforeseeable events, e.g. Pandemics, hotel closures) of the contractual partner, the accommodation contract may be terminated by the accommodation provider, for objectively justified reasons, unless otherwise agreed, by unilateral declaration.
Rescission by the contractual partner – cancellation fee
The accommodation contract can be terminated without payment of a cancellation fee by unilateral written declaration by the contractual partner within the stated free cancellation period. The cancellation conditions are stated in the respective booking confirmations and may deviate from the published conditions on www.residenzbadgastein.com due to special agreements. Outside the free cancellation period (see booking confirmation or under https://www.residenzbadgastein.com), a withdrawal by unilateral declaration of the contractual partner is only possible with payment of the stated cancellation fee. The conditions according to the booking confirmation apply Prevention of arrival If the contractual partner cannot appear in the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival. The obligation to pay the fee for the booked stay is revived from the possibility of arrival if the journey becomes possible again within three days.
6 PROVISION OF SUBSTITUTE ACCOMMODATION
The Proprietor may provide the Contractual Partner or the Guests with adequate replacement accommodation (of the same quality) if this is reasonable for the Contractual Partner, in particular if the deviation is minor and objectively justified. An objective justification is given, for example, if the room(s) has become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step. Any additional expenses for the replacement accommodation shall be borne by the Proprietor.
7 RIGHTS OF THE PARTY
By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to the guests for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
8 OBLIGATIONS OF THE PARTY
The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred as a result of separate use of services by him and/or the accompanying guests plus statutory value added tax at the latest at the time of departure. The Proprietor is not obliged to accept foreign currencies. If the proprietor accepts foreign currencies, these will be taken into payment at the daily exchange rate as far as possible. Should the Proprietor accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc. The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who accept services of the accommodation provider with the knowledge or will of the contractual partner.
9 RIGHTS OF THE PROPRIETOR
If the contractual partner refuses to pay the stipulated fee or is thus in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB as well as the statutory lien according to § 1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien is also available to the proprietor to secure his claim from the accommodation contract, in particular for catering, other expenses incurred for the contractual partner and for any claims for compensation of any kind. The Proprietor is entitled to the right to invoice or interim billing of its services at any time.
10 OBLIGATIONS OF THE PROPRIETOR
The Proprietor is obliged to provide the agreed services to an extent corresponding to its standard. Special services of the Accommodation Provider that are subject to labelling and which are not included in the Accommodation Fee are examples: a) Special accommodation services that may be invoiced separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage, etc.; b) a reduced price will be charged for the provision of extra beds or cots.
11 LIABILITY OF THE PROPRIETOR FOR DAMAGE TO ITEMS OF GUESTS
The Proprietor is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner. The liability of the Proprietor is only given if the goods have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed by them or designated for this purpose. If the Proprietor does not succeed in proving this, the Proprietor is liable for its own fault or the fault of its people as well as the outgoing and outgoing persons. In accordance with § 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount laid down in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the contractual partner or the guest does not immediately comply with the accommodation provider's request to deposit his belongings at a special storage location, the accommodation provider is released from any liability. The amount of any liability of the Proprietor is limited to a maximum of the liability insurance sum of the respective Accommodation provider. A fault of the contractual partner or guest must be taken into account. The liability of the Proprietor is excluded for slight negligence. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual partner bears the burden of proof for the existence of the fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances. The Proprietor shall only be liable for valuables, money and securities up to an amount of currently €550.--. The Proprietor 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. The Accommodation Provider may refuse to store valuables, money and securities if they are significantly more valuable items than guests of the accommodation establishment in question usually give in safekeeping. In any case of the assumed storage, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage that has occurred upon becoming aware of it. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the law is extinguished.
12 LIMITATIONS OF LIABILITY
If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded. If the contractual partner is an entrepreneur, the liability of the proprietor for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of the fault. Consequential damages, immaterial or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated finds its limit in the amount of the interest of trust.
13 ANIMAL
Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, against a special fee. The contractual partner who takes an animal with him is obliged to properly store or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense. The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider. The contractual partner or his insurer shall be liable to the accommodation provider for the damage caused by animals brought along. In particular, the damage also includes those compensation services of the Proprietor that the Proprietor has to provide to third parties. Animals are not allowed in the salons, social rooms, restaurant rooms and wellness areas.
14 EXTENSION OF ACCOMMODATION
The contractual partner is not entitled to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The Proprietor has no obligation to do so. If the contractual partner cannot leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this time is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the exceptional weather conditions. The Proprietor is entitled to request at least the remuneration that corresponds to the usually charged price.
15 TERMINATION OF THE ACCOMMODATION CONTRACT – EARLY CANCELLATION
If the accommodation contract has been concluded for a certain period of time, it ends with the expiry of time. If the contractual partner leaves prematurely, the accommodation provider is entitled to demand the full agreed fee. The Proprietor will deduct what he saves as a result of not using his services or what he has received by renting out the ordered rooms elsewhere. A saving only exists if the accommodation facility is fully utilized at the time of non-use of the premises ordered by the guest and the premises can be rented to other guests due to the cancellation of the contractual partner. The burden of proof of the savings shall be borne by the contractual partner. Upon the death of a guest, the contract with the accommodation provider ends. If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract. The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest a) makes a significantly disadvantageous use of the premises or by his reckless, offensive or otherwise grossly inappropriate behavior the other guests, the owner, his people or the third parties living in the accommodation facility suffers from cohabitation or is guilty of a punishable act against property, morality or physical safety vis-à-vis such persons; (b) is affected by, or otherwise requires, a contagious disease or a disease which extends beyond the period of accommodation; c) the invoices submitted are not paid when due within a reasonably set period (3 days). If the fulfilment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the Accommodation Provider may terminate the Accommodation Contract at any time without observing a notice period, unless the contract is already deemed to have been dissolved under the law or the Accommodation Provider is released from its accommodation obligation. Any claims for damages etc of the contractual partner are excluded.
16 SICKNESS OR DEATH OF THE GUEST
If a guest falls ill during his stay in the accommodation facility, the accommodation provider will provide medical care at the guest's request. If there is a risk in default, the Accommodation Provider will arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest himself is not in a position to do so. As long as the guest is not able to make decisions or the relatives of the guest cannot be contacted, the accommodation provider will provide medical treatment at the guest's expense. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness. The Proprietor shall particularly be entitled to damages from the Party 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 ofthorough 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 Proprietor.
17 PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND CHOICE OF LAW
The place of performance is the place where the accommodation facility is located. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction in bilateral business is the registered office of the Proprietor, whereby the Proprietor is also entitled to assert his rights at any other local and materially competent court. If the accommodation contract has been concluded with a contractual partner who is a consumer and has his domicile or habitual residence in Austria, legal actions against the consumer can only be brought at the consumer's domicile, habitual residence or place of employment. If the accommodation contract has been with a contractual partner who is a consumer and has his residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with territorial and material jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.
18 MISCELLANEOUS
Unless the above provisions specifically provide, the expiry of a period begins with the service of the document ordering the time limit on the contracting parties, who must comply with the deadline. When calculating a time limit determined by days, the day in which the time or expropriation after which the beginning of the period is to be based shall not be taken into account. Periods determined by weeks or months refer to the day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day in that month is decisive. Declarations must have been received by the other contractual partner on the last day of the deadline (24 o'clock). The Proprietor is entitled to offset against the claim of the Contractual Partner with its own claims. The contractual partner is not entitled to offset its own claims against claims of the proprietor, unless the accommodation provider is insolvent or the claim of the contractual partner has been established by a court or acknowledged by the accommodation provider. In the event of loopholes, the corresponding statutory provisions shall apply.