General Terms and Conditions of Pitzis-Kinderhotel GmbH
version of May 2018
- „Hotel“: is natural or juristic person, that provides accommodation forguests against a fee.
- „Guest“: is a natural person, that occupies an accommodation. Normally the Guest is at the same time Party to the Contract. Persons travelling with the party to the contract are classified as Guests too (e.g. family members, friends, et cetera).
- „Party to the Contract“:is a natural or juristic person from Austria or another country, that concludes an Accommodation Agreement as a Guest or for a Guest.
- „Customer“ and „Entrepreneur“:These terms are to be used according to the Consumer Protection Act 1979 as amended.
- „Accommodation Agreement“: is the Agreement between Hotel and Party to the Contract, whose content is regulated in the following text.
§ 1 Contract Conclusion – Deposit
1.1 The Accommodation Agreement is concluded by the acceptance of the order of the Party to the Contract by the Hotel. Electronically sent statements are classified as delivered, if the Party, for which they are designated, can under normal circumstances access them, and the delivery takes place at the published working hours of the Hotel.
1.2 The Hotel can conclude the contract, on condition that the Party to the Contract makes a deposit. In this case the Hotel shall, prior tothe acceptance of a written or spoken order of the Party to the Contract, inform the Party to the Contract about the required deposit.If the Party to the Contract consents (in written or verbal form) to the deposit, the Accommodation Agreement is concluded with the delivery of the declaration of agreement with the payment of the deposit by the Party to the Contract to the Hotel.
1.3 The Party to the Contract shall confirm the booking in written form, at the latest 2 days after the delivery of the booking confirmation and pay the deposit at the latest 14 days (credited to account) after delivery of the booking confirmation. The costs for financial transaction (charges for transaction) are borne by Party to the Contract. For credit- and debit cards the regulations of the according card companies are valid.
1.4 The deposit (of at least 30% of the total booking price) is a partial payment to the agreed booking price.
§ 2 Beginning and End of Accommodation
2.1 The Party to the Contract is entitled to move into the booked rooms at the earliest at 3.00pm of the agreed day („arrival day“). The board also starts at 3.00pm if the ultra-all-inclusive arrangement was booked. The services end on departure day at 1.00pm.
2.2 If a room is used for the first time before 6.00am, the previous night is counted as first day of accommodation.
2.3 The booked rooms shall be cleared by Party to the Contract on the day of departure by 10.00am. The Hotel can charge a further day, if the booked rooms are not cleared in due time. Lunch can be consumed on the day of departure without an extra charge. Due to organisational reasons the not-consumed lunch of the departure day cannot be consumed on arrival day.
§ 3 Cancellation of Accommodation Agreement – Cancellation Fee
Cancellation by Hotel
3.1 Provided the Accommodation Agreement stipulates a deposit and Party to the Contract has not paid the deposit in due time, the Hotel can, without period of grace, cancel the Accommodation Agreement.
3.2 If the guest has not arrived until 6.00pm of the agreed arrival day, no obligation to accommodate exists, except a later time of arrival was agreed upon.
3.3 Provided the Party to the Contract has made a deposit (see 1.3) the rooms stay booked until at latest 12.00 of the day after the agreed upon arrival day. Provided a preliminary payment of more than four days was made, the obligation to accommodate ends at 6.00pm of the fourth day, whereat the arrival day is the first day, unless the guest informs about a later arrival day.
3.4 Until at latest 3 months before the stipulated arrival day of Party to Contract the Hotel can cancel the Accommodation Agreement, for objectively justifiable reasons, by unilateral statement, unless no other agreements were made.
Cancellation by Party to the Contract – Cancellation Fee
3.5 A cancellation by Party to the Contract by unilateral statement is only possible by payment of the following cancellation fees:
from the date of booking: 10% of total price
until 30 days prior to arrival 70% of total price
until 7 days prior to arrival 90% of total price
Inability to Travel to Hotel
3.6 Provided the Party to the Contract cannot be present at the day of arrival at the Hotel, because all routes are impassable due to extraordinary circumstances (e.g. extreme snow, flood, et cetera) the Party to the Contract is not obliged to pay the stipulated price for the days of arrival.
3.7 The obligation to pay for the booked stay, is reinstated from the date of possible arrival onwards, if travelling to the destination is possible again within three days.
§ 4 Provision of Alternative Accommodation
4.1 The Hotel can provide the Party to the Contract or the guests with an adequate alternative accommodation (of the same quality), provided this is just and reasonable for the Party to the Contact, especially if the difference is only minor and factually reasonable.
4.2 Circumstances that are factually reasonable are given if the room (the rooms) are unusable, guests already using the room have prolonged their stay, rooms are overbooked or other important operational measures lead to this step.
4.3 Possible extra charges for the alternativeaccommodation shall be borne by Hotel.
§ 5 Rights of the Party to the Contract
5.1 By conclusion of an Accommodation Agreement the Party to the contract is entitled to use the booked rooms and the facilities of the Hotel, that are accessible for use, in a customary manner and without special conditions for guests and it is entitled to the customary services. The Party to the Contract shall exercise its rights according to the possible hotel- and/or guest guidelines (house rules).
§ 6 Obligations of Party to the Contract
6.1 The Party to the Contract shall, at latest at the time of departure, pay the stipulated price plus possible extra charges, arising from special services for him and/or guests accompanying him, plus statutory VAT. Published prices are in EURO, if not labelled otherwise.
6.2 The Hotel is not obliged to accept foreign currency. Provided the Hotel accepts foreign currency as payment, this is done according to the current quotation of the day. If the Hotel accepts foreign currencies or cashless payments, the Party to the Contract bears all costs connected to it, like inquiries at credit card companies, telegrams, et cetera.
6.3 The Party to the Contract is liable to the Hotel for all damages caused by him, a guest or other persons, that use services of the Hotel with the knowledge or consent of Party to the Contract.
§ 7 Rights of Hotel
7.1 Provided Party to the Contract refuses to pay the stipulated price or is in arrears with the payment, the Hotel has the right to retention, compliant with § 970c ABGB as well as statutory lien on moveable objectsin accordance with § 1101ABGB of the Party to the Contract`s or the Guest’s moveable possessions. The Hotel is also granted this right to retention- or right of lien for securing its demands arising from the Accommodation Agreement, including board, other expenditures, that were made for Party to the Contract and for possible claims for compensation of every kind.
7.2 The Hotel is entitled to charge an extra fee for room service or for services at extraordinary times (after 10.pm and before 6.00am)of Party to Contract. This extra fee shall be displayed at the price list in the room. The Hotel is also entitled to refuse to execute this services due to operational reasons.
7.3 The Hotel is entitled to make a bill or interim bill of its services at all times.
§ 8 Obligations of Hotel
8.1 The Hotel shall perform the stipulated services to an extent which is corresponded with its standard.
8.2 Extra services, which need to be price-marked, which are not included in the price for accommodation, are for example:
a) extra services of accommodation, that are charged separately, like the availability of lounges, sauna, indoor pool, solarium, indoor car parking space, et cetera;
8.3 All offered programs and extra services can be changed or cancelled without giving reasons. Outdoor activities can be limited in its extent or cancelled due to weather conditions.
§ 9 Liability of Hotel for Damages ofDeposited Goods
9.1 The Hotel is liable corresponding with §§ 970 ff ABGB for goods brought in by Party to the Contract. The liability is only effective, provided the goods were handed over to the Hotel or to persons authorised by the Hotel or were deposited at a place assigned to this and chosen for this. If the Hotel cannot bring evidence, the Hotel is liable for his own faults and the fault of persons authorised by him and of entering and leaving persons. The Hotel is liable compliant with § 970 para. 1 ABGB only up to the amount stipulated in the Federal Act from 16, November 1921 about Innkeeper’s Liability and other enterprises as amended. If Party to the Contract or the Guest does not immediately meet the obligation to deposit the things in a special depository, the Hotel is held completely harmless. The amount of a possible liability of the Hotel is maximally limited to the sum of the liability insurance of the respective Hotel. Fault of Party to the Contract or Guest shall be accounted for.
9.2 Liability of the Hotel for slight negligence is excluded. Provided Party to the Contract is an entrepreneur, liability is also excluded for gross negligence. In this case Party to the contract bears the burden of proof for the existence of fault. Consequential damage or indirect damage and lost profit are never due.
9.3 For assets, money and securities the Hotel is liable only up to a sum of at present€ 550, --. The Hotel shall only be liable for damages beyond that sum, provided it has taken the items into storage knowing about its nature or in case the damage was caused by itself or of persons authorised by it. Liability limitation according to10.1 and 10.2 is valid correspondingly.
9,4 The Hotel can refuse to deposit assets, money and securities, if the items are of essentially more value than the items that are normally deposited by Guests of the according Hotel.
9.5 In every case of deposited goods liability is excluded if Party to the Contract and/or Guest does not inform the Hotel immediately about the incurred damage.Furthermore, these claims shall be raised within three years from knowledge or possible knowledge by Party to the Contract or Guest at court; otherwise the demand expires.
§ 10 Liability Limitation
10.1 Provided Party to the Contract is a Customer, the liability of the Hotel for slight negligence, except for injury to the person, is excluded
10.2 Provided Party to the Contract is an entrepreneur, the liability of the Hotel for slight and gross negligence is excluded. In this case the Party to the Contract bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages and lost profit are in no case replaced. The compensation for damage is limited to the amount of the interest resulting from reliance.
§ 11 Animals
11.1 Animals are only allowed with the consent of Hotel and against a special fee at the Hotel. For pets a fee of EUR 19,00 per night without food is charged.
11.2 The Party to the Contract, who brings a pet with him, is obliged to keep this animal save or to look after it or to keep it save or looked after by an appropriate third party at his own expense.
11.3 The Party to the Contract or Guest, who brings a pet with him, shall own an appropriate indemnity insurance for the pet or a private indemnity insurance that compensates possible damages caused by the pet. The confirmation for the required insurance shall be submitted to the Hotel on demand.
11.4 The Party to the Contract or his insurer is liable to the Hotel undividedly for damages, that are caused by animals brought to the Hotel. Damage also includes those indemnifications of the Hotel, that the Hotel has to make for third parties.
11.5 In the parlours, common rooms, restaurant rooms and the wellness area pets are not allowed.
§ 12 Extension of Accommodation
12.1 The Party to the Contract is not entitled to an extension of accommodation. Provided the Party to the Contract informs the Hotel about his wish of extension of accommodation, the Hotel can accept. The Hotel shall not have an obligation to do so.
12.2 If the Party to the Contract cannot leave the Hotel on the day of stipulated departure, because due to unforeseeable extraordinary circumstances (e.g. extreme snow, flood, et cetera) all possible ways to leave the Hotel are impassable or closed, the Accommodation Contract is extended automatically for the period of impossible departure.A price reduction for this time is only possible, if the Party to the Contract could not use the offered services of the Hotel in its completeness due to the extraordinary weather conditions. The Hotel is entitled to demand at least the price, that is consistent with the normal price of off-season.
§ 13 Termination of Accommodation Agreement – UntimelyTermination
13.1 Provided the Accommodation Agreement was entered into for a special period, it terminates with expiration.
13.2 If the Party to the Contract departs untimely, the Hotel is entitled to demand the full stipulated price.The Hotel will reduce the sum by the amount that incurs due to non-usage of offered services or what it receives due to letting of the booked rooms to a third party. A reduction of price only occurs, if the Hotel is used in its full capacity during the time in which the Guest does not use the booked rooms, and the rooms can be rent by other guests due to the cancellation of Party to the Contract. The burden of proof of the reduction lies with Party to the Contract.
13.3 The Accommodation Agreement with the Hotel terminates with the death of the Guest.
13.4 Provided the Accommodation Agreement was completed for an undetermined period, the Party to the Contract can cancel the Agreement until 10.00 am of the third day prior to the intended date of departure.
13.5 The Hotel is entitled to terminate the Accommodation Agreement with immediate effect for important reason, including provided Party to the Contract or Guest:
a) uses the rooms to a considerably disadvantageous effect or spoils the stay of other Guests, of the owner or his staff or third parties living in the Hotel by inconsiderate, offensive or otherwise severely improper behaviour or if he is blameable for a criminal act against property, morality or physical safety against these persons;
b) is infected with a contagious disease or a disease, that will last longer than the accommodation period, or is otherwise in need of care;
c) does not pay the presented bills at the due date within a reasonable period (3 days).
13.6If the completion of Contract becomes impossible due to an event categorized as an act of nature beyond control (e.g. natural events, strike, lockout, official decree, et cetera), the Hotel shall terminate the Accommodation Agreement, as far as the Agreement has not terminated according to law, or the Hotel is not freed from its obligation to accommodation. Possible claims for indemnification, et cetera of the Party to the Contract are excluded.
§ 14 Illness or Death of Guest
14.1 Provided a Guest falls ill during his stay at the Hotel, the Hotel shall arrange for medical attendance on request of the Guest. The Hotel will arrange for medical attendance even without the special request of Guest provided imminent danger prevails, including in case that this is necessary and the Guest is not in the position to do so.
14.2 As long as the Guest is not in the condition to make decisions or the relatives of the Guest cannot be contacted, the Hotel will arrange for medical attendance on accounts of the guest. The colume of this measures of care terminate at the time the Guest can make decisions or the relatives of the Guest are informed.
14.3 The Hotel shall have the title to compensation against Party to the Contract and the Guest or in case of death to its legal heirs, for the following costs:
a) unpaid medical treatments, costs for patient transportation, medication and medical aids
b) necessary disinfection of rooms
c) washing, bedclothes and beds, which became unusable, or disinfection or thorough cleaning of these,
d) restoration of walls, pieces of furniture, carpets, et cetera, as far as they were contaminated or damaged in connection with the disease or death,
e) room price, as far as the rooms were used by Guest, plus days of unusability of rooms due to disinfection, clearing, or the like,
f) possible other damages, arising for the Hotel.
§ 15 Place of Fulfilment, Place of Jurisdiction and Applicable Law
15.1 Place of fulfilment is the place, at which the Hotel is located
15.2 This Agreement is subject to Austrianformal and material Law excluding regulations of Private International Law (incl. IPRG andConvention on the Law Applicable to Contractual Obligations)as well as UN-Convention on Contracts for the International Sale of Goods.
15.3 Exclusive place of jurisdiction of transactions between entrepreneurs is the place of business of the Hotel, whereupon the Hotel is entitled to file its claim at every other court which has local and subject jurisdiction.
15.4 Provided the Accommodation Agreement is concluded with a Party to the Contract, who is consumer and is Austrian resident or has his main residence in Austria, claims against the consumer can only be filed at the residence, the place of main residence or at the place of employment of the consumer.
15.5 Provided the Accommodation Agreement is concluded with a Party to the Contract, who is consumer and resident of the EU (except for Austria), Iceland, Norway or Switzerland, the exclusive place of local and subject jurisdiction is the court at the residence of consumer.
§ 16 Miscellaneous
16.1 As far as the above-mentioned regulations shall not require otherwise, the start of a deadline is the date of delivery of the document ordering the deadline to the Party to the Contract, which shall keep the deadline. When assessing a deadline, which is determined by days, the day of the incident or occasion, which marks he beginning of the deadline, is not counted. Deadlines which are determined by weeks or months, are valid from the day of the week or the month, which conforms with the name or number of the day, from which on the deadline is valid. Ifthat day does not exist in this month, the last day of that month is the start of the deadline.
16.2 Statementsshall be delivered to the contractual partner on the last day of the deadline (midnight).
16.3 The Hotel is entitled to make counterclaims setting off against the claims of the contractual partner. The Party to the Contract is not entitled to make counterclaims setting off against the claims of the Hotel, unless the Hotel is insolvent or the claims of the Party to the Contract are court-ordered or accepted by the Hotel
16.4 In case the Agreement is found tobe incomplete the applicable legal regulations shall be applied.
End of the General Terms and Conditions.