for the La Sonett in Gmunden am Graben 3
§ 1 Scope
1.1 These general terms and conditions for La Sonett in Gmunden replace the previous terms and conditions.
§ 2 Definitions of terms
2.1 Definitions of terms:
“Accommodation provider”: Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who makes use of accommodation. The guest is usually also a contractual partner. Persons who travel with the contractual partner (e.g. family, friends, business partners, etc.) are also considered guests.
“Contractual partner”: Is a natural or legal person of the country or abroad who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “entrepreneur”: The terms are to be understood in the sense 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 regulated in more detail below.
§ 3 Conclusion of contract — down payment
3.1 The accommodation contract is concluded when the accommodation provider accepts the contract partner's order. Electronic statements are considered received when the party for whom they are intended is able to retrieve them under normal circumstances and access is made during the advertised business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the contractual partner pays a down payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required down payment before accepting the written or oral order from the contractual partner. If the contractual partner agrees to the down payment (written or oral), the accommodation contract is concluded upon receipt of the declaration of consent to the payment of the down payment by the contractual partner to the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit immediately upon booking. The costs of the financial transaction (e.g. transfer fees) are borne by the contractual partner. Credit and debit cards are subject to the respective conditions of the card companies.
3.4 The down payment is an installment of the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers another reference time, the contractual partner has the right to move into the rented rooms from 16:00 on the agreed day (“day of arrival”).
4.2 The rented rooms are to be rented by the contractual partner on the day of departure until
Open at 10:00 a.m. The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated in due time.
§ 5 Withdrawal from the accommodation contract — cancellation fee
Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the deposit has not been paid by the contractual partner in due time, the accommodation provider may withdraw from the accommodation contract without further notice.
5.2 If the guest does not show up by 18:00 on the agreed date of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 Up to 3 months before the agreed date of arrival of the contractual partner, the accommodation contract may be terminated by the accommodation provider, for objectively justified reasons, by unilateral declaration, unless otherwise agreed.
Withdrawal by the contract partner — cancellation fee
5.4 Up to 6 months before the agreed date of arrival of the guest, the accommodation contract can be terminated without payment of a cancellation fee by a unilateral declaration by the contractual partner.
5.5 Outside the period specified in § 5.5., withdrawal by unilateral declaration by the contractual partner is only possible subject to payment of the following cancellation fees:
- up to 1 month before the date of arrival, 50% of the total package price;
- up to 1 week before the date of arrival, 80% of the total package price;
- 90% of the total package price in the last week before the date of arrival.
up to 6 months
6 months to 1 month
1 month to 1 week
In the last week
no cancellation fees
50%
80%
90%
Impediments to travel
5.6 If the contractual partner is unable to appear at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.7 The obligation to pay the fee for the booked stay is revived as soon as arrival is possible again within three days.
§ 6 Provision of replacement accommodation
6.1 The accommodation provider may provide the contractual partner or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, particularly if the deviation is minor and factually justified.
6.2 A factual justification is given, for example, when the room (s) has become unusable, guests who have already stayed in extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
§ 7 Rights of the contract partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to normal use of the rented rooms, the accommodation facilities, which are available to guests for use in the usual way and 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 contractual partner
8.1 At the time of departure, the contractual partner is obliged to pay the agreed fee plus any additional amounts that have arisen as a result of separate use of services by him and/or the guests accompanying him plus statutory value added tax.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the current exchange rate as far as possible. Should the accommodation provider accept foreign currency or cashless means of payment, the contractual partner bears all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or will of the contractual partner, receive services from the accommodation provider.
§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the required fee or is therefore in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with Section 970c ABGB and the statutory lien in accordance with Section 1101 ABGB on the items brought in by the contractual partner or by the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claim under the accommodation contract, in particular for food, other expenses incurred for the contractual partner and for any compensation claims of any kind.
9.2 If the service is required in the contract partner's room or at exceptional times of day (after 20:00 and before 6:00), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be marked on the room price table. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to invoice or interim billing for its services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent in accordance with its standard.
10.2 Special services provided by the accommodation provider that are not included in the accommodation fee include:
a) Special accommodation services, which can be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, solarium, garage, etc.;
b) A discounted price is charged for the provision of extra beds or children's beds.
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code for the items brought in by the contractual partner. The accommodation provider is only liable if the items have been handed over to the accommodation provider or persons authorized by the accommodation provider or brought to a location instructed by them or specified for this purpose. If the accommodation provider is unable to provide proof, the accommodation provider is liable for his own fault or the fault of his people and the incoming and outgoing persons. In accordance with Section 970 (1) of the Austrian Civil Code, the accommodation provider is liable up to the amount set out in the Federal Act of November 16, 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 their belongings at a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited to the liability insurance sum of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be considered.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof that the fault exists. Consequential or indirect damage as well as lost profits will in no way be compensated.
11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of €550, —. The accommodation provider is only liable for further damage if he has accepted these items for storage in knowledge of their nature or in the event that the damage was caused by himself or one of his people. The limitation of liability in accordance with 12.1 and 12.2 applies mutatis mutandis.
11.4 The accommodation provider may refuse to store valuables, money and securities if these are significantly more valuable items than guests of the relevant accommodation establishment usually put in custody.
11.5 In any case of assumed storage, liability is excluded if the contractual partner and/or guest does not immediately report the damage to the accommodation provider as soon as they become 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 right expires.
§ 12 Liability limitations
12.1 If the contractual partner is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof that the fault exists. Consequential, immaterial or indirect damage as well as lost profits will not be reimbursed. In any case, the damage to be compensated is limited to the level of trust interest.
Section 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 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 stored or supervised by suitable third parties at his expense.
13.3 The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the appropriate insurance must be provided upon request from the accommodation provider.
13.4 The contractual partner or his insurer are fully liable to the accommodation provider for the damage caused by animals brought along. In particular, the damage also includes compensation services provided by the accommodation provider to third parties.
§ 14 Extension of accommodation
14.1 The contractual partner is not entitled to an extension of his stay. 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 accommodation provider is under no obligation to do so.
14.2 If the contractual partner is unable to leave the accommodation establishment on the day of departure because all departure options are blocked or cannot be used due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider as a result of exceptional weather conditions. The accommodation provider is entitled to claim at least the fee that corresponds to the usual price charged during off-season.
§ 15 Termination of the accommodation contract — early termination
15.1 If the accommodation contract has been concluded for a specific period of time, it expires.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of not using his range of services or what he has received by renting out the ordered rooms to another person. Savings are only available if the accommodation provider is fully utilized at the time the rooms ordered by the guest are not used and the space can be rented out to other guests due to the cancellation of the contractual partner. The contractual partner bears the burden of proof of the savings.
15.3 With the death of a guest, the contract with the accommodation provider ends.
15.4 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.
15.5 The accommodation provider is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes significant adverse use of the premises or, as a result of his reckless, offensive or otherwise grossly indiscriminate conduct, causes the other guests, the owner, his people or the third party living in the accommodation establishment to live together or is guilty of an act against property, morality or physical safety against these persons with penalty;
b) is infected by a contagious disease or an illness that extends beyond the length of accommodation or is otherwise in need of care;
c) Failure to pay the submitted invoices when due within a reasonable period of time (3 days).
15.6 If performance of the contract becomes impossible as a result of an event considered as force majeure (e.g. elementary events, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already considered dissolved under the law, or the accommodation provider is exempted from his accommodation obligation. Any claims for damages etc. from the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will provide medical care at the guest's request. If there is a delay in danger, the accommodation provider will arrange for medical care even without the guest's special request, in particular if this is necessary and the guest is unable to do so himself.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest's expense. However, the scope of these care measures ends when the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has compensation claims against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs:
a) Outstanding medical expenses, costs for patient transport, medicines and medical aids
b) room disinfection that has become necessary,
c) laundry, bed linen and bedding that has become unusable, otherwise for disinfection or thorough cleaning of all these items,
d) Restoration of walls, furniture, carpets, etc., insofar as they have been contaminated or damaged in connection with illness or death,
e) Room rental, insofar as the space was used by the guest, plus any days of inusability of the rooms due to disinfection, eviction, etc.,
f) any other damage suffered by the accommodation provider.
§ 17 Place of Fulfilment, Jurisdiction and Choice of Law
17.1 The place of fulfilment is the place where the accommodation is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) and UN sales law.
17.3 In the case of a bilateral business transaction, the exclusive place of jurisdiction is the registered office of the accommodation provider, although the accommodation provider is also entitled to assert his rights before any other local and factually competent court.
17.4 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his place of residence or habitual residence in Austria, lawsuits against the consumer can only be brought at the consumer's place of residence, habitual place of residence or place of employment.
17.5 If the accommodation contract has been concluded with a contractual partner 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 competent court for the consumer's place of residence has exclusive jurisdiction for legal actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the expiry of a period begins upon delivery of the document ordering the deadline to the contractual partners, which must comply with the deadline. When calculating a period which is determined by days, the day in which the time or event that should start the period is not included. Deadlines defined after weeks or months relate to those days of the week or month which, by name or number, corresponds to the days from which the period is to be counted. If this day is missing in the month, the last day of this month is decisive.
18.2 Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
18.3 The accommodation provider is entitled to offset its own claims against claims made by the contractual partner. The contractual partner is not entitled to offset its own claims against claims made by the accommodation provider, unless the accommodation provider is insolvent or the claim of the contractual partner has been established in court or accepted by the accommodation provider.
18.4 In the event of regulatory gaps, the corresponding legal provisions apply.
