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TERMS AND CONDITIONS - GENERAL BUSINESS TERMS OF ALPENCHALET KÄTH & NANEI

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)

Version dated 15th November 2006 Table of Contents

§ 1 Scope
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 4 Commencement and Termination of Accommodation
§ 5 Cancellation of Accommodation Contract – Cancellation Fee
§ 6 Provision of Substitute Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider
§ 11 Liability of the Accommodation Provider for Damage to Items Brought In
§ 12 Limitations of Liability
§ 13 Keeping of Pets
§ 14 Extension of Accommodation
§ 15 Termination of Accommodation Contract – Premature Dissolution
§ 16 Illness or Death of the Guest in the Accommodation Contract
§ 17 Place of Performance, Jurisdiction, and Applicable Law
§ 18 Miscellaneous

§ 1 SCOPE

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB from September 23, 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually made agreements.

§ 2 DEFINITIONS

2.1 Definitions: "Accommodation Provider" refers to a natural or legal person who provides accommodation to guests for compensation. "Guest" denotes a natural person who avails themselves of accommodation and is typically the contracting party. This term also includes individuals traveling with the contracting party, such as family members or friends. "Contracting Party" designates a natural or legal person, whether domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest. "Consumer" and "Business" are understood in accordance with the Consumer Protection Act 1979, as amended. "Accommodation Contract" signifies the contract concluded between the accommodation provider and the contracting party, the content of which is further regulated hereinafter.

§ 3 CONCLUSION OF CONTRACT – DEPOSIT

3.1 The accommodation contract is concluded by the acceptance of the contracting party's order by the accommodation provider. Electronic declarations are considered received when the party for whom they are intended can access them under ordinary circumstances, and access occurs during the accommodation provider's specified business hours.

3.2 The accommodation provider is entitled to enter into the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent regarding the payment of the deposit by the accommodation provider.

3.3 The contracting party is obligated to pay the deposit no later than 7 days before the commencement of accommodation. The costs of money transfer (e.g., bank transfer fees) shall be borne by the contracting party. The terms and conditions of credit and debit cards apply to card payments.

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

§ 4 COMMENCEMENT AND TERMINATION OF ACCOMMODATION

4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed day ("arrival day").

4.2 If a room is first occupied before 6:00 AM, the preceding night is considered the first night of stay.

4.3 The rented rooms must be vacated by the contracting party on the day of departure by 12:00 PM. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 CANCELLATION OF ACCOMMODATION CONTRACT – CANCELLATION FEE CANCELLATION BY THE ACCOMMODATION PROVIDER

5.1 If the accommodation contract requires a deposit and the contracting party fails to make the deposit within the specified timeframe, the accommodation provider can cancel the accommodation contract without further notice.

5.2 If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed upon.

5.3 If the contracting party has made a deposit (see 3.3), the reserved rooms will remain available until 12:00 PM on the day following the agreed arrival day. In the case of prepayment for more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest specifies a later arrival date.

5.4 The accommodation provider can unilaterally terminate the accommodation contract for valid reasons, except as otherwise agreed, by providing notice no later than 3 months before the agreed arrival day of the contracting party.

CANCELLATION BY THE CONTRACTING PARTY – CANCELLATION FEE

5.5 The contracting party may unilaterally cancel the accommodation contract without a cancellation fee by providing notice no later than 3 months before the agreed arrival day of the guest.

5.6 Outside the time frame specified in § 5.5, the contracting party can only cancel the contract unilaterally by paying the following cancellation fees:

Up to 1 month before the arrival day: 40% of the total package price.
Up to 1 week before the arrival day: 70% of the total package price.
In the last week before the arrival day: 90% of the total package price.
Cancellation Fees: Up to 3 months - no cancellation fees 3 months to 1 month - 40% 1 month to 1 week - 70% Last week - 90%

Travel Disruptions

5.7 If, due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), all means of arrival are impossible on the day of arrival, the contracting party is not obligated to pay the agreed fee for the arrival days.

5.8 The obligation to pay the fee for the booked stay is reinstated once it becomes possible to arrive within three days.

§ 6 PROVISION OF SUBSTITUTE ACCOMMODATION

6.1 The accommodation provider may offer the contracting party or guests an adequate substitute accommodation (of the same quality) if it is reasonable for the contracting party, especially when the deviation is minor and justified.

6.2 A justification exists, for example, when the room(s) becomes unusable, guests already checked in extend their stay, overbooking occurs, or other significant operational measures necessitate this action.

6.3 Any additional expenses for the substitute 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 customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the customary services. The contracting party is required to exercise their rights in accordance with any applicable hotel and/or guest policies (house rules).

8 OBLIGATIONS OF THE CONTRACTING PARTY

8.1 The contracting party is obligated to pay the agreed fee, plus any additional charges incurred due to separate services used by them and/or accompanying guests, plus statutory value-added tax, no later than the time of departure.

8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted at the current exchange rate to the best of their ability. If the accommodation provider accepts foreign currencies or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party is liable to the accommodation provider for any damage caused by them, the guest, or other persons who receive services from the accommodation provider with the knowledge or consent of the contracting party.

§ 9 RIGHTS OF THE ACCOMMODATION PROVIDER  

9.1 If the contracting party refuses to pay the agreed-upon fee or is in arrears, the accommodation provider has the legal right of retention according to § 970c of the Austrian Civil Code (ABGB) as well as the legal right of lien according to § 1101 of the ABGB for items brought in by the contracting party or the guest. This right of retention or lien is also available to the accommodation provider to secure their claim arising from the accommodation contract, especially for meals, other expenses incurred for the contracting party, and for any replacement claims of any kind.

9.2 If the contracting party requests services in their room or at extraordinary times (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge a special fee for these services. However, this special fee must be indicated on the room price list. The accommodation provider may also decline these services for operational reasons.

9.3 The accommodation provider has the right to bill or provide interim invoices for their services at any time.

§ 10 OBLIGATIONS OF THE ACCOMMODATION PROVIDER
 10.1 The accommodation provider is obligated to provide the agreed-upon services to the extent consistent with their standard.

10.2 Special services provided by the accommodation provider that are not included in the accommodation fee may include, for example: a) Special accommodation services that can be billed separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage facilities, etc.; b) A reduced price is charged for the provision of additional or child beds.

§ 11 LIABILITY OF THE ACCOMMODATION PROVIDER FOR DAMAGE TO ITEMS BROUGHT IN

11.1 The accommodation provider is liable according to §§ 970 et seq. of the Austrian Civil Code (ABGB) for items brought in by the contracting party. The accommodation provider's liability arises only if the items have been handed over to the accommodation provider or authorized personnel or have been placed at a location designated by the accommodation provider or their authorized representative. If the accommodation provider fails to prove their innocence, they are liable for their own fault or the fault of their personnel and individuals entering or leaving the premises. The accommodation provider's liability is limited to the amount specified in the federal law of November 16, 1921, regarding the liability of innkeepers and other entrepreneurs, as applicable. If the contracting party or guest does not promptly comply with the accommodation provider's request to deposit their items at a designated storage location, the accommodation provider is relieved of all liability. The maximum liability of the accommodation provider is limited to the liability insurance sum of the respective accommodation provider. The negligence of the contracting party or guest shall be taken into account.

11.2 The accommodation provider is exempt from liability for slight negligence. If the contracting party is a business entity, liability for gross negligence is also excluded. In such a case, the burden of proof for establishing negligence lies with the contracting party. Consequential or indirect damages, as well as lost profits, will not be reimbursed under any circumstances.

11.3 The accommodation provider is liable for valuables, money, and securities only up to an amount of currently €550. The accommodation provider is liable for any damage exceeding this amount only if they have accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by them or their personnel. The liability limitations in §§ 12.1 and 12.2 apply accordingly.

11.4 The accommodation provider may decline to store valuables, money, and securities if they are significantly more valuable than items that guests typically entrust to the respective accommodation establishment.

11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not promptly report the damage to the accommodation provider upon discovery. Additionally, these claims must be asserted in court within three years of the contracting party's or guest's knowledge or potential knowledge; otherwise, the right is extinguished.
 

§ 12 LIMITATIONS OF LIABILITY

12.1 If the contracting party is a consumer, the accommodation provider's liability for slight negligence is excluded, with the exception of personal injury.

12.2 If the contracting party is a business entity, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proving the existence of negligence. Consequential damages, non-material damages, indirect damages, as well as lost profits, will not be reimbursed. The damage to be compensated is limited in any case to the amount of the trust interest.

§ 13 ANIMALS

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly for a special fee.

13.2 The contracting party who brings an animal is obligated to properly house or supervise the animal during their stay, or to have it housed or supervised by suitable third parties at their own expense.

13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that covers potential damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.

13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for the damage caused by the animals brought in. The damage includes, in particular, any compensation payments that the accommodation provider has to make to third parties.

§ 14 EXTENSION OF ACCOMMODATION

14.1 The contracting party has no entitlement to extend their stay. If the contracting party notifies their desire to extend their stay in a timely manner, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is not obligated to do so.

14.2 If, on the day of departure, the contracting party cannot leave the accommodation establishment due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that have rendered all departure options inaccessible, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party cannot fully utilize the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to request at least the fee that corresponds to the regularly charged price during the low season.

§ 15 TERMINATION OF THE ACCOMMODATION CONTRACT – PREMATURE DISSOLUTION

15.1 If the accommodation contract has been concluded for a specific period, it ends upon the expiration of that period.

15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed-upon fee. The accommodation provider will deduct what they have saved as a result of the contracting party not using their service or what they have obtained through the alternative rental of the reserved rooms. Savings occur only if the accommodation establishment is fully occupied at the time of the contracting party's non-use of the reserved rooms and the room can be rented to other guests due to the cancellation by the contracting party. The burden of proof for the savings lies with the contracting party.

15.3 The contract with the accommodation provider ends upon the death of a guest.

15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for significant reasons, especially if the contracting party or the guest: a) makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly inappropriate behavior, disrupts coexistence for other guests, the owner, their personnel, or third parties residing in the accommodation establishment, or commits an offense against property, morality, or physical safety punishable by law against these persons; b) contracts a contagious disease or a disease that extends beyond the duration of the accommodation or otherwise becomes in need of care; c) does not pay the presented invoices within a reasonable set period (3 days) after they become due.

15.6 If the fulfillment of the contract is rendered impossible by an event that can be considered as force majeure (e.g., natural disasters, strikes, lockouts, government orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered dissolved 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 in the accommodation establishment, the accommodation provider will arrange for medical care at the request of the guest. If there is an imminent danger, the accommodation provider will also arrange for medical care without a specific request from the guest, especially when it is necessary, and the guest is not able to do so themselves.

16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the extent of these care measures ends when the guest is able to make decisions or when the relatives have been notified of the illness.

16.3 The accommodation provider has claims for compensation against the contracting party and the guest, or in the event of death, against their legal successors, especially for the following costs: a) Open doctor's fees, costs for medical transport, medication, and medical aids b) Necessary room disinfection c) Damaged or unusable laundry, bed linen, and bedding, or otherwise for the disinfection or thorough cleaning of all these items d) Restoration of walls, furnishings, carpets, etc., insofar as they have been soiled or damaged in connection with the illness or death e) Room rent, if the room was used by the guest, plus any days of non-usability of the room due to disinfection, evacuation, or similar reasons f) Any other damages incurred by the accommodation provider.

§ 17 PLACE OF PERFORMANCE, JURISDICTION, AND CHOICE OF LAW
 

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

17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods (CISG).

17.3 Exclusive jurisdiction, in the case of a two-sided business transaction with an entrepreneur, is the registered office of the accommodation provider. Furthermore, the accommodation provider is entitled to assert his rights at any other local and materially competent court.

17.4 If the accommodation contract has been concluded with a consumer who has his domicile or habitual residence in Austria, claims against the consumer can only be filed at the consumer's domicile, habitual residence, or place of employment.

17.5 If the accommodation contract has been concluded with a consumer who is domiciled in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court locally and materially competent for the consumer's domicile shall have exclusive jurisdiction over claims against the consumer.

§ 18 MISCELLANEOUS

18.1 Unless the above provisions stipulate otherwise, the running of a deadline commences with the delivery of the written document ordering the deadline to the contractual partners who are required to observe the deadline. In calculating a deadline specified in days, the day on which the event triggering the beginning of the deadline occurs shall not be included. Deadlines specified in weeks or months refer to the day of the week or the day of the month that corresponds by name or number to the day from which the deadline is to be calculated. If this day is not present in the month, the last day of that month shall be relevant.

18.2 Statements must be delivered to the other contractual party on the last day of the deadline (midnight).

18.3 The Beherberger is entitled to set off its own claims against the Vertragspartner's claims. The Vertragspartner is not entitled to set off its own claims against the Beherberger's claims unless the Beherberger is insolvent or the Vertragspartner's claim has been judicially determined or acknowledged by the Beherberger.

18.4 In the case of regulatory gaps, the respective statutory provisions shall apply.

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