§ 1 Definition of Terms
- 1.1 Definition of Terms:
Accommodation Provider: A natural or legal person who hosts guests for payment.
Guest: A natural person utilizing the accommodation. The guest is generally also the contracting partner. Guests are also those persons arriving together with the contracting partner (e.g. family members, friends etc.)
Contracting Partner: A natural or legal person of domestic or foreign origin who enters into an accommodation contract in their capacity as a guest or on behalf of a guest.
"Consumer" and "Business Entity": The terms are stated in the context of the 1979 Austrian Consumer Protection Act in its most current revision.
"Accommodation Contract" The contract concluded between the accommodation provider and the contracting partner, the content of which is defined hereinafter.
§ 2 Conclusion of Contract – Payment of Deposit
- 2.1 The accommodation contract is established when the Guest and/or Contracting Partner makes a reservation and this is accepted by the Accommodation Provider. This may be in verbal or written form, pursuant to which the Accommodation Provider will issue a reservation confirmation.
- 2.2 The Accommodation Provider is entitled to conclude the accommodation contract under the condition that the Contracting Partner pays a deposit. The amount of the deposit and the payment deadline will be stipulated in the booking confirmation. The accommodation contract comes into effect with the signed booking confirmation or completed payment by the Contracting Partner to the Accommodation Provider. Should the booking occur at short notice (2 weeks prior to arrival), the accommodation contract also comes into effect through the written or oral order on the part of the Guest.
- 2.3 The Contracting Partner is obliged to pay the deposit (i.e. it shall have been received) by the date stipulated in the booking confirmation. The costs for the financial transaction (transfer fees etc.) are borne by the Contracting Partner. For credit and debit cards, the conditions of the respective card companies shall apply. If payment is by credit card, an additional amount of 2.5% will be charged to cover hotel expenses.
- 2.4 The deposit is a partial payment of the total stipulated amount and will be deducted from the final hotel bill. The deposit shall not be paid out in cash.
§ 3 Start and Finish of the Accommodation Period
- 3.1 The Contracting Party has the right to occupy the rented rooms beginning at 3 p.m. of the stipulated day (“Arrival Day”).
- 3.2 If the room is occupied for the first time prior to 6 a.m., the previous night counts as the first night of accommodation.
- 3.3 The rented rooms are to be vacated by the Contracting Partner by 11 a.m. of the stipulated departure day. The Accommodation Provider is entitled to bill an additional day if the rented rooms are not vacated by the stipulated check-out time.
§ 4 Withdrawal from the Accommodation Contract – Cancelation Charges
- 4.1 If the accommodation contract provides for a deposit, and if the deposit has not been made in a timely fashion by the Contracting Partner, the Accommodation Provider may withdraw from the contract without any period of notice.
- 4.2 If the Guest does not show by 6 p.m. of the stipulated arrival day, there will exist no right to accommodation, other than if a later arrival time had been stipulated.
- 4.3 If the Contracting Partner has paid a deposit (see 2.3), the accommodations will remain reserved until no later than 12 p.m. of the day after the stipulated arrival day. In the event of advance payment of more than four days, the accommodation obligation ends at 6 p.m. of the fourth day, with the arrival day calculated as being the first day.
- 4.4 By no later than 6 weeks prior to the stipulated arrival date of the Contracting Partner, the accommodation contract may be rescinded by the Accommodation Provider due to factually justified reasons – unless other stipulations have been made – by means of a unilateral declaration.
Withdrawal by the Contracting Partner – Cancelation Fees
- 4.5 Up to no later than 6 weeks prior to the stipulated arrival day of the Guest, the accommodation contract may be rescinded without payment of a cancelation charge, by means of a unilateral declaration by the Contracting Partner.
- 4.6 Outside of the time period stipulated in § 4.5 , a unilateral withdrawal by the Contracting Partner is only possible pursuant to a payment of the following cancelation charges:
- 4.7 Cancelation Charges: In the event of cancelations received less than 6 weeks prior to arrival, the Accommodation Provider will bill the Contracting Partner the full price (100%) for the booked time period. If a deposit has already been paid, this will be deducted from cancelation charges. There will be no reimbursements or reductions. Travel Cancelation Insurance may be purchased directly through the homepage www.seekarhaus.at (where there is a related link).
- 4.8 Premature Departure/Delayed Arrival: If the Contracting Partner should arrive late or depart prematurely, the Accommodation Provider will charge the full lodging price.
- 4.9 Double occupancy (except in a single room) of accommodations is presumed, while a surcharge will be assessed in the event of single occupancy.
§ 5 Provision of Alternate Accommodations
- 5.1 The Accommodation Provider may provide the Contracting Partner or Guests with adequate alternate accommodations (of the same quality) if this is a reasonable expectation of the Contracting Partner, especially if the discrepancy is minimal and factually justified.
- 5.2 A factual justification exists, for example, if the room (rooms) has (have) become unusable, guests already lodging there have extended their stay, there is an incidence of overbooking, or if other important operating contingencies make such a step necessary.
- 5.3 Additional expenses as may result pertaining to the alternate accommodations shall be at the expense of the Accommodation Provider.
§ 6 Rights of the Contracting Partner
- 6.1 By entering into an accommodation contract, the Contracting Partner acquires the right to customary use of the rented rooms as well as the amenities of the lodging establishment, which are customarily accessible, and without special conditions, to guests.
§ 7 Obligations of the Contracting Partner
- 7.1 The Contracting Partner is obliged to pay, no later than at the time of departure, the stipulated remuneration along with any potential additional amounts that have been incurred due to use of special services by him or his accompanying guests, as well as any statutory sales taxes as may pertain.
- 7.2 The Accommodation Provider is not obliged to accept foreign currency. Should the Accommodation Provider accept foreign currency, this will be taken in payment as expedient and based on the official daily exchange rate.
§ 8 Rights of the Accommodation Provider
- 8.1 Should the Contracting Partner refuse to make payment of the stipulated sum, or if he is in arrears therewith, the Accommodation Provider shall have recourse to statutory retention rights according to § 970 of the General Civil Code (ABGB) as well as to statutory lien rights according to § 1101 ABGB with respect to property which the Contracting Partner or Guest has brought onto the premises. The Accommodation Provider shall also have recourse to retention or lien rights in order to secure payment for other matters pertaining to the accommodation contract, especially for board, other expenditures made on behalf of the Contracting Partner, as well as for other compensation claims of whatever kind which may arise.
- 8.2 The Accommodation Provider also has the right to demand full or interim settlement of payment at any time.
§ 9 Obligations of the Accommodation Provider
- 9.1 The Accommodation Provider is obligated to provide the stipulated services of a commensurate standard and extent.
§ 10 Liability of the accommodation provider for damage to items brought onto the premises
- 10.1 In accordance with §§ 970 ff ABGB, the Accommodation Provider is liable for items which the Contracting Partner has brought onto the premises. The Accommodation Provider is only then liable if said items have been entrusted to the Accommodation Provider or to persons authorized by the Accommodation Provider. Insofar as the Accommodation Provider is unable to provide evidence to the contrary, the Accommodation Provider is liable for his own culpability as well as the culpability of his people, as well as for people exiting or entering the premises. In accordance with § 970 par. 1 ABGB, the Accommodation Provider is liable to the maximum amount stipulated under federal law dated 16 November 1921, in its most current form, pertaining to the liability of lodging providers and other businesses. Should the Contracting Partner or Guest fail to promptly deposit his items in a special storage location in accordance with the request of the Accommodation Provider, the Accommodation Provider is exempted from any and all liability. The maximum amount of the liability on the part of the Accommodation Provider shall correspond to the cap amount of the Accommodation Provider’s liability insurance. Any culpability on the part of the Contracting Partner or Guests shall be taken into account.
- 10.2 Liability on behalf of the Accommodation Provider is excluded in instances of slight negligence. If the Contracting Partner is a business, liability for gross negligence is also excluded. In this instance, the Contracting Partner bears the burden of proving culpability. Consequential damages or indirect damages as well as lost earnings will not be compensated under any circumstances.
- 10.3 The Accommodation Provider is only liable for valuables, money and securities up to an amount of € 550.
- 10.4 The Accommodation Provider may refuse to provide safekeeping for valuables, money and securities, if these are of substantially greater value than those which guests at the lodging establishment in question customarily give for safekeeping.
- 10.5 In all instances of safekeeping, liability is excluded if the Contracting Partner and/or Guest fails to notify the Accommodation Provider about damages as may have occurred without delay. Furthermore, legal recourse for such claims must be asserted by the Contracting Partner or Guest within three years subsequent to knowledge or possible knowledge thereof; otherwise the legal right shall expire.
§ 11 Liability Limitations
- 11.1 If the Contracting Partner is a consumer, liability on the part of the Accommodation Provider for slight negligence, with the exception of personal harm, is excluded.
- 11.2 If the Contracting Partner is a business, liability on the part of the Accommodation Provider is excluded for both slight and gross negligence. In thisinstance, the Contracting Partner bears the burden of proof for the presence of culpability. Consequential damages, non-material damages or indirect damages as well as lost earnings will not be compensated. The compensable damages in whatever instance shall be limited to the amount of the interest the injured party had in the existence of the contract.
§ 12 Keeping of Animals
- 12.1 Animals may only be introduced into the lodging establishment upon prior permission of the Accommodation Provider and upon payment of special compensation.
- 12.2 The Contracting Partner who brings any animal is obligated to keep and oversee this animal during his stay in an appropriate fashion, or to have this animal kept and overseen by a suitable third-party at his own expense.
- 12.3 The Contracting Partner or Guest who brings an animal must possess appropriate animal liability insurance or a private liability insurance which covers any potential damages caused by the animal. Proof of appropriate insurance must be provided upon the demand of the Accommodation Provider.
- 12.4 The Contracting Partner and his insurer are jointly liable to the Accommodation Provider for damage caused by the animal which has been brought. Such damage includes in particular those additional service expenses for which the Accommodation Provider must remunerate third-parties.
- 12.5 Animals are not permitted in the salons, common rooms, restaurant spaces or wellness areas.
§ 13 Extension of Accommodation
- 13.1 The Contracting Partner has no right to extend his stay. If the Contracting Partner provides timely notice of his desire to extend his stay, the Accommodation Provider may consent to extend the accommodation contract, though the Accommodation Provider is under no obligation to do so.
- 13.2 If the Contracting Partner is unable to leave the lodging establishment on the stipulated departure date because, due to unforeseeable circumstances (such as extreme snowfall, flooding etc.), all departure possibilities are blocked or not usable, the accommodation contract will automatically be extended for as long as it remains impossible to depart. A reduction in compensation for this time period is not possible. The Accommodation Provider is entitled to demand at least the same amount of remuneration as the usual listed billing price.
§ 14 Termination of the Accommodation Contract – Premature Termination
- 14.1 If the accommodation contract was for a predetermined time period, it shall terminate when that time has expired.
- 14.2 If the Contracting Partner departs prematurely, the full stipulated remuneration will be billed.
- 14.3 The contract with the Accommodation Provider terminates upon the death of the
- 14.4 The Accommodation Provider is entitled to rescind the accommodation contract with immediate effect due to important reasons, especially when the Contracting Partner or Guest
a) makes significantly adverse use of the rooms or, through inconsiderate, offensive or other grossly inappropriate behavior, spoils the stay of other guests, the owner, his people or third-parties residing in the lodging establishment, or if he is guilty of prosecutable behavior affecting the property, moral welfare or physical security of said persons;
b) is affected by, or is otherwise in need of care due to an infectious illness or other disease that goes beyond the duration of the accommodation agreement;
c) does not pay invoices presented by their due date and within an appropriate (3-day) notice period.
- 14.5 If it is impossible to fulfil the contract as a consequence of an event adjudged to be due to force majeure (e.g. natural events, strikes, lock-outs, official orders etc.), the Accommodation Provider may dissolve the accommodation contract at any time and without complying with a notice period, insofar as the contract was not already deemed dissolved by law or the Accommodation Provider has been released of his obligation to provide accommodations. Potential claims for damages etc. on the part of the Contracting Partner are excluded.
§ 15 Illness or Death of the Guest
- 15.1 Should a guest fall ill during his stay at the lodging establishment, at the request of the Guest the Accommodation Provider will solicit medical care. In the event of imminent danger, the Accommodation Provider will solicit medical care even without the expressed wish of the Guest, especially when this is necessary and the Guest is not in a position to do so.
- 15.2 As long as the Guest is not in a position to make his own decisions, or the relatives of the Guest could not be contacted, the Accommodation Provider will obtain medical care at the expense of the Guest. The extent of care measures ends, however, at the point in time when the Guest is capable of making decisions or the relatives have been notified of the illness incident.
- 15.3 The Accommodation Provider has a right to compensation from the Contracting Partner and Guest or, in the event of death, from the legal heirs, for the following costs:
a) open doctor charges, costs for transportation of the affected party, medications and other medical measures
b) room disinfection as may prove necessary
c) linens, bedclothes and other bedding that may have been rendered unusable, or otherwise for the disinfection or thorough cleaning of all such items
d) restoration of walls, furnishings, carpets etc., insofar as these have been soiled or damaged in connection with the illness or death,
e) room rental, insofar as the room was used by the Guest, together with additional days during which the rooms were unusable due to disinfection, removal etc.
f) all other damages incurred by the Accommodation Provider in connection with the illness or death of the Guest.
§ 16 Place of Fulfilment, Jurisdiction and Applicable Law
- 16.1 Place of fulfilment is the town where the lodging establishment is located.
- 16.2 This contract is subject to Austrian formal and substantive law under exclusion of the rules of International Private Law (in particular IPRG and EVÜ) as well as the UN Sales Convention.
- 16.3 In the event of a bilateral entrepreneurship, the exclusive seat of jurisdiction is the location of the Accommodation Provider, though the Accommodation Provider is also entitled to assert his legal claims before the other court with local and subject-matter jurisdiction.
§ 17 Miscellaneous
- 17.1 Insofar as the aforementioned provisions do not stipulate otherwise, the period of any notice periods begins upon delivery of the document stipulating the notice period to the Contracting Partner who is expected to comply with said notice period. In determining a notice period based upon the number of days, the day upon which the point in time or event falls, upon which the notice period is based, is not calculated in. Notice periods based on weeks or months pertain to that day of the week or month which, either named or numbered, corresponds to the day from which the notice period is calculated. If this day happens to be missing in a given month, the last day in this particular month will be determinate.
- 17.2 Declarations must have been received by the other contracting partner on the last day of the notice period (by 12 midnight).
- 17.3 The Accommodation Provider is entitled to offset claims of the Contracting Partner with his own claims. The Contracting Partner is not entitled to offset claims of the Accommodation Provider with his own claims, other than if the Accommodation Provider is insolvent or the claim of the Contracting Partner has been determined judicially or it has been accepted by the Accommodation Provider.
- 17.4 In the event of any loopholes, applicable legal provisions shall be determinate.