Terms and Conditions

General Terms and Conditions of the Heidi-Hotel Falkertsee

The following terms and conditions, based on the AGBH 2006, apply to accommodation contracts with Heidi-Hotel Falkertsee GmbH.

§ 1 Scope

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter ‘AGBH 2006’) replace the previous ÖHVB in the version dated 23 September 1981.

1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 take precedence over agreements made on a case-by-case basis.

§ 2 Definitions

2.1 The following terms are used in these terms and conditions.

Accommodation Provider

Means a natural or legal person who provides accommodation to guests in return for payment.

Guest

Means a natural person who makes use of accommodation. The guest is usually also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests.

Contracting Party

Means a natural or legal person, whether domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.

Consumer and trader

These terms are to be understood within the meaning of the Consumer Protection Act 1979, as amended.

Accommodation contract

This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set out in more detail below.

§ 3 Conclusion of the Contract – Advance Payment

3.1 The accommodation contract is concluded upon the accommodation provider’s acceptance of the contracting party’s booking. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and receipt takes place during the accommodation provider’s published business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit. In this case, the accommodation provider is obliged, prior to accepting the contracting party’s written or verbal booking, to inform the contracting party of the required deposit. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract shall come into effect upon the accommodation provider’s receipt of the contracting party’s declaration of consent to pay the deposit.

3.3 The deposit amounts to 30 per cent of the booking price and must be paid within one week of booking by bank transfer or by Visa or Mastercard. The costs of the financial transaction (e.g. bank transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card issuers apply.

3.4 The deposit constitutes a partial payment towards the agreed fee.

§ 4 Start and end of the accommodation

4.1 Unless the accommodation provider offers a different check-in time, the contracting party is entitled to check into the rented rooms from 3.00 pm on the agreed day (‘day of arrival’).

4.2 If a room is first occupied before 6.00 am, the preceding night shall count as the first night’s stay.

4.3 The contracting party must vacate the rented accommodation by 11.00 am on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented accommodation is not vacated by the agreed time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the accommodation provider

5.1 If the accommodation contract provides for a deposit and the contracting party has not paid the deposit by the due date, the accommodation provider may withdraw from the accommodation contract without granting a grace period.

5.2 If the guest does not arrive by 7.00 pm on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

5.3 If the contracting party has paid a deposit (see 3.3), the accommodation shall remain reserved until 12.00 noon at the latest on the day following the agreed arrival date. In the event of advance payment covering more than four days, the obligation to provide accommodation ceases from 7.00 pm on the fourth day, with the day of arrival counting as the first day, unless the guest specifies a later arrival date.

5.4 Up to one month before the contractual partner’s agreed arrival date, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed.

5.5 The following cancellation terms and conditions of Heidi-Hotel Falkertsee GmbH apply to cancellation by the contracting party. For bookings over Christmas and New Year’s Eve, as well as for prize vouchers and partnership offers, the special conditions listed in each case apply. Individual agreements take precedence in accordance with clause 1.2.

5.6 Cancellation periods and cancellation fees

Standard bookings

Up to and including 15 days before arrival: Cancellation or rescheduling is possible subject to an administration fee of €73 per booked room.
14 to 8 days before arrival: 30 per cent of the total cost of the stay.
7 days before arrival up to the day of arrival:
- For 1 to 3 nights booked, 100 per cent of the total cost will be charged.
- For 4 to 7 nights booked, 4 full nights will be charged.
- For 8 or more nights booked, 6 full nights will be charged.

Bookings over Christmas and New Year (24 December to 6 January)

Up to and including 28 days before arrival: Cancellation or rescheduling is possible subject to a processing fee of €73.
27 to 15 days before arrival: 30 per cent of the holiday price.
14 to 8 days before arrival: 70 per cent of the total cost.
7 to 4 days before arrival: 90 per cent of the holiday price.
3 days before arrival up to the day of arrival: 100 per cent of the holiday price.

In the event of late arrival or early departure, the full cost of the stay will be charged for standard bookings and for bookings over Christmas and New Year’s Eve.

Prize vouchers and partnership offers

Up to and including 15 days before arrival: The stay may be rescheduled within the voucher’s validity period. The administration fee is €73.
From 14 days before arrival up to the day of arrival: The voucher will be forfeited in the event of cancellation.
The voucher will also be forfeited in the event of late arrival or early departure.

Deposit and cancellation policy at the Heidi Hotel

Hindrances to arrival

5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) render all means of travel impossible, the contracting party is not obliged to pay the agreed fee for the days of arrival.

5.8 The obligation to pay the fee for the booked stay shall resume as soon as travel becomes possible again, provided that travel becomes possible within three days.

§ 6 Provision of alternative accommodation

6.1 Any additional costs incurred for alternative accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contracting party

7.1 By entering into an accommodation contract, the contracting party acquires the right to the normal use of the rented rooms and the facilities of the accommodation establishment which are normally and without special conditions available for guests’ use, and to the usual level of service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed fee, plus any additional charges incurred as a result of separate services used by them and/or their accompanying guests, plus statutory value added tax, no later than at the time of departure. The outstanding amount may be paid on departure on site in cash, by debit card (EC card), Visa or Mastercard.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider does accept foreign currencies, these shall be accepted in payment at the current exchange rate where practicable. Should the accommodation provider accept foreign currencies or non-cash means of payment, the contracting party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.

8.3 The contracting party shall be liable to the accommodation provider for any damage caused by themselves, the guest or any other persons who, with the knowledge or consent of the contracting party, make use of the accommodation provider’s services.

§ 9 Rights of the Accommodation Provider

9.1 If the contracting party refuses to pay the agreed fee or is in arrears with such payment, the accommodation provider shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and to the statutory right of lien pursuant to Section 1101 of the ABGB in respect of items brought in by the contracting party or the guest. The accommodation provider is also entitled to this right of retention or lien to secure its claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any claims for compensation of any kind.

9.2 If the service is requested in the contracting party’s room or at unusual times of the day (after 8.00 pm and before 6.00 am), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse to provide these services for operational reasons.

9.3 The accommodation provider is entitled to issue an invoice or interim invoice for their services at any time.

§ 10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with their usual level of service.

10.2 Examples of special services provided by the accommodation provider that must be clearly indicated and are not included in the accommodation charge are:

special accommodation services which may be invoiced separately, such as the provision of lounges, a sauna, an indoor swimming pool, a swimming pool, a solarium, garage parking, etc.;
a reduced rate is charged for the provision of extra beds or cots.

§ 11 Liability of the accommodation provider for damage to guests’ personal belongings

11.1 The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought in by the contracting party. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or specified by them for this purpose. Unless the accommodation provider can prove otherwise, the accommodation provider shall be liable for its own negligence or that of its staff, as well as that of persons entering or leaving the premises. The accommodation provider shall be liable in accordance with Section 970(1) of the Austrian Civil Code (ABGB) up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Business Operators, as amended. If the contracting party or the guest fails to comply immediately with the accommodation provider’s request to deposit their belongings in a designated storage area, the accommodation provider shall be released from all liability. The extent of any liability on the part of the accommodation provider shall be limited to the sum insured under the accommodation provider’s liability insurance policy. Any contributory negligence on the part of the contracting party or guest must be taken into account.

11.2 The accommodation provider is liable for valuables, money and securities only up to the current amount of €550. The accommodation provider is liable for any damage exceeding this amount only if they have accepted these items for safekeeping whilst being aware of their nature, or if the damage was caused by the accommodation provider themselves or one of their staff. The limitation of liability set out in clause 12.1 applies mutatis mutandis.

11.3 The accommodation provider may refuse to accept valuables, money and securities for safekeeping if these items are of significantly greater value than those which guests of the accommodation establishment in question usually entrust for safekeeping.

§ 12 Limitations of Liability

12.1 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the burden of proof regarding the existence of fault lies with the contracting party. Consequential damages, non-pecuniary damages or indirect damages, as well as loss of profits, shall not be compensated. In any event, the damages to be compensated shall not exceed the amount of the legitimate expectation.

§ 13 Keeping of Animals

13.1 Animals may only be brought onto the accommodation premises with the accommodation provider’s prior consent and, where applicable, subject to a separate fee.

13.2 The contracting party bringing a pet with them is obliged to keep and supervise the animal properly during their stay, or to arrange for it to be kept and supervised by suitable third parties at their own expense.

13.3 The contracting party or guest bringing an animal must hold appropriate animal liability insurance or personal liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided at the accommodation provider’s request.

13.4 The contracting party or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. Such damage shall include, in particular, any compensation the accommodation provider is required to pay to third parties.

13.5 Animals are not permitted in the lounges, communal areas, restaurant areas or wellness facilities.

§ 14 Extension of the stay

14.1 The contracting party has no entitlement to an extension of their stay. If the contracting party gives timely notice of their wish to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If, on the day of departure, the contracting party is unable to leave the accommodation establishment because all means of departure are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is possible only if the contracting party is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the low season.

§ 15 Termination of the accommodation contract – Early termination

15.1 If the accommodation contract has been concluded for a fixed term, it shall end upon the expiry of that term.

15.2 The contract with the accommodation provider shall terminate upon the death of a guest.

15.3 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract.

15.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest

makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper behaviour, makes coexistence intolerable for the other guests, the owner, the owner’s staff or third parties residing in the accommodation establishment, or commits a criminal offence against the property, public decency or physical safety of these persons;
contracts a contagious disease or an illness that extends beyond the duration of their stay, or otherwise becomes in need of care;
fails to pay the invoices submitted by the due date within a reasonable period (3 days).

15.5 If the performance of the contract becomes impossible due to an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.) becomes impossible, the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract is not already deemed terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages, etc., by the contracting party 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 shall arrange for medical care at the guest’s request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves.

16.2 As long as the guest is unable to make decisions or the guest’s next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, the scope of these care measures shall cease at the point when the guest is able to make decisions or the next of kin have been notified of the illness.

16.3 The accommodation provider shall be entitled to claim compensation from the contracting party and the guest, or in the event of death from their legal successors, in particular for the following costs:

outstanding medical costs, costs for patient transport, medication and medical aids
necessary room disinfection,
linen, bed linen and bedding that has become unusable; otherwise, the cost of disinfecting or thoroughly cleaning all such items,
restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
room rent, insofar as the guest made use of the accommodation, plus any days during which the rooms were unusable due to disinfection, clearance or similar,
any other damage incurred by the accommodation provider.

§ 17 Place of performance, jurisdiction and governing law

17.1 The place of performance is the location where the accommodation establishment is situated.

17.2 This contract is governed by Austrian substantive and procedural law, to the exclusion of the rules of private international law (in particular the Austrian Private International Law Act (IPRG) and the Convention on the Law Applicable to International Sales of Goods (EVÜ)) as well as the UN Convention on Contracts for the International Sale of Goods.

17.3 In bilateral business-to-business transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider, although the accommodation provider is also entitled to assert its rights before any other court with local or subject-matter jurisdiction.

17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, legal proceedings against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of employment.

17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile in a Member State of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer’s domicile shall have exclusive jurisdiction over any legal proceedings against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise provided for in the above provisions, the running of a time limit shall commence upon service of the document setting the time limit on the contracting party required to comply with it. When calculating a time limit determined in days, the day on which the point in time or event occurs from which the time limit is to run shall not be included in the calculation. Time limits specified in weeks or months refer to the day of the week or the day of the month which, by its name or number, corresponds to the day from which the time limit is to be counted. If that day does not exist in the month, the last day of that month shall apply.

18.2 Notices must have been received by the other party by midnight on the last day of the period.

18.3 The accommodation provider is entitled to set off its own claims against a claim made by the contracting party. The contracting party is not entitled to set off its own claims against claims made by the accommodation provider, unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.

18.4 In the event of any omissions in these terms and conditions, the relevant statutory provisions shall apply.

Terms and Conditions
Heidi Hotel Falkertsee

Table of Contents

§ 1 Scope

§ 2 Definitions

§ 3 Conclusion of the Contract – Advance Payment

§ 4 Start and end of the accommodation