General Terms and Conditions
§ 1 Scope
1.1
These General Terms and Conditions for the Hotel Industry do not exclude special agreements. These General Terms and Conditions apply on a subsidiary basis to individually agreed provisions.
§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who accommodates guests for payment.
“Guest”: A natural person who makes use of accommodation. The guest is usually also the contracting party. Persons who arrive together with the contracting party (e.g. family members, friends, etc.) are also deemed to be guests.
“Contracting Party”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood as defined in the Austrian Consumer Protection Act, as amended.
“Accommodation Contract”: The contract concluded between the accommodation provider and the contracting party, the content of which is specified in more detail below.
§ 3 Conclusion of Contract – Down Payment
3.1
The accommodation contract is concluded by the accommodation provider’s acceptance of the contracting party’s booking. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under ordinary circumstances, and receipt occurs 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 makes a down payment. In this case, the accommodation provider must inform the contracting party of the required down payment before accepting the contracting party’s written or oral booking. If the contracting party agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt by the accommodation provider of the contracting party’s declaration of consent regarding payment of the down payment.
3.3
The contracting party is obliged to pay the down payment no later than seven days before the start of accommodation (receipt by the accommodation provider). The contracting party bears the costs of the money transaction (e.g. transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
3.4
The down payment constitutes a partial payment toward the agreed remuneration.
§ 4 Beginning and End of Accommodation
4.1
Unless the accommodation provider offers a different move-in time, the contracting party has the right to occupy the rented rooms from 4:00 p.m. on the agreed day (“arrival day”).
4.2
If a room is first used before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3
The rented rooms must be vacated by the contracting party by 11:00 a.m. on the day of departure. The accommodation provider is entitled to charge an additional day if the rooms are not vacated on 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 contracting party fails to pay it on time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2
If the guest does not arrive by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time was agreed.
5.3
If the contracting party has made a down payment (see 3.3), the rooms remain reserved until 12:00 noon on the day following the agreed arrival day at the latest. In the case of advance payment for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, counting the arrival day as the first day, unless the guest announces a later arrival day.
5.4
Up to three months before the contracting party’s agreed arrival day, the accommodation provider may, for objectively justified reasons and unless otherwise agreed, unilaterally dissolve the contract.
Withdrawal by the Contracting Party – Cancellation Fee
5.5
Up to three months before the guest’s agreed arrival day, the contracting party may unilaterally dissolve the accommodation contract without paying a cancellation fee.
5.6
Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible subject to the following cancellation fees:
- up to 10 days before arrival: free of charge
- 10 days to 1 week (7 days) before arrival: 50%
- 7 days to 1 day before arrival: 90% of the total arrangement price
- on the day of arrival: 100%
Impediments to Arrival
5.7
If the contracting party cannot appear at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed remuneration for the days of arrival.
5.8
The obligation to pay the remuneration for the booked stay revives upon the possibility of arrival if arrival becomes possible again within three days.
§ 6 Provision of Substitute Accommodation
6.1
The accommodation provider may provide the contracting party and/or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, particularly where the deviation is minor and objectively justified.
6.2
Objective justification exists, for example, if the room(s) have become unusable, if guests already accommodated extend their stay, if overbooking occurs, or if other important operational measures necessitate this step.
6.3
Any additional expenses for the substitute accommodation are borne by the accommodation provider.
§ 7 Rights of the Contracting Party
7.1
By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are ordinarily and without special conditions accessible to guests, and to customary service.
The contracting party shall exercise these rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contracting Party
8.1
The contracting party is obliged to pay, at the latest at the time of departure, the agreed remuneration plus any additional amounts incurred due to separate services used by the contracting party and/or accompanying guests, 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, where feasible, be accepted at the daily rate. Should the accommodation provider accept foreign currencies or cashless means of payment, the contracting party bears all related costs, such as inquiries to card companies, telegrams, etc.
8.3
The contracting party is liable to the accommodation provider for any damage caused by the contracting party or the guest or other persons who, with the knowledge or will 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 remuneration or is in arrears, the accommodation provider has the statutory right of retention pursuant to § 970c ABGB and the statutory lien pursuant to § 1101 ABGB on items brought in by the contracting party or guest. This right of retention or lien further secures the accommodation provider’s claims under the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any compensation claims of any kind.
9.2
If service is requested in the contracting party’s room or at unusual times (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee. This special fee must be displayed on the room price list. The accommodation provider may also decline such services for operational reasons.
9.3
The accommodation provider has the right to issue an invoice or interim invoice at any time.
§ 10 Obligations of the Accommodation Provider
10.1
The accommodation provider is obliged to provide the agreed services to a standard consistent with the establishment.
10.2
Separately chargeable special services of the accommodation provider not included in the accommodation fee include, by way of example:
- Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.;
- A reduced price is charged for providing additional or children’s beds.
§ 11 Liability of the Accommodation Provider for Items Brought In
11.1
The accommodation provider is liable pursuant to §§ 970 et seq. ABGB for items brought in by the contracting party. Liability exists only if the items have been handed over to the accommodation provider or the accommodation provider’s authorized staff, or brought to a place indicated or designated for this purpose. Unless the accommodation provider proves otherwise, the accommodation provider is liable for its own fault or the fault of its staff as well as persons entering and leaving the establishment. The accommodation provider is liable pursuant to § 970 (1) ABGB up to the amount set by the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or guest fails to promptly comply with the accommodation provider’s request to deposit items in a special storage place, the accommodation provider is released from any liability.
Any liability of the accommodation provider is in all cases limited to the amount of the establishment’s liability insurance coverage. Any fault of the contracting party or guest is to be taken into account.
11.2
The accommodation provider’s liability is excluded for slight negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In that case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages and lost profits are not compensated in any case.
11.3
For valuables, money and securities, the accommodation provider is liable only up to the current amount of EUR 550. The accommodation provider is liable for damage exceeding this amount only if the accommodation provider accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider or its staff. The limitations of liability pursuant to 12.1 and 12.2 apply mutatis mutandis.
11.4
The accommodation provider may refuse to accept valuables, money and securities for safekeeping if they are significantly more valuable than items typically entrusted for safekeeping by guests of the establishment.
11.5
In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not notify the accommodation provider of the damage without undue delay after becoming aware of it. Furthermore, such claims must be asserted in court within three years from the time of knowledge or possible knowledge by the contracting party or guest; 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, except for personal injury.
12.2
If the contracting party is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In that case, the contracting party bears the burden of proof for the existence of fault. Consequential, non-pecuniary or indirect damages and lost profits are not compensated. In all cases, any damages to be compensated are limited to the level of reliance damages.
§ 13 Animals
13.1
Animals may be brought into the accommodation establishment only with prior consent of the accommodation provider and, where applicable, for a separate fee.
13.2
A contracting party who brings an animal is obliged to keep and supervise the animal properly during the stay, or to have it kept and supervised by suitable third parties at the contracting party’s expense.
13.3
The contracting party or guest who brings an animal must have appropriate animal liability insurance and/or private liability insurance that covers possible damage caused by animals. Proof of such insurance must be provided upon the accommodation provider’s request.
13.4
The contracting party and/or its insurer is jointly and severally liable to the accommodation provider for damage caused by animals brought in. The damage particularly includes replacement services the accommodation provider must render to third parties.
13.5
Animals are not permitted in salons, public lounges, restaurant areas and wellness facilities.
§ 14 Extension of Accommodation
14.1
The contracting party has no entitlement to an extension of the stay. If the contracting party announces the wish to extend the stay in good time, the accommodation provider may agree to the extension. The accommodation provider is under no obligation to do so.
14.2
If the contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this period is only possible if the contracting party cannot fully use the services offered by the establishment due to the exceptional weather conditions. The accommodation provider is entitled to claim at least the remuneration corresponding to the rate customarily charged in the low season.
§ 15 Termination of the Accommodation Contract – Early Dissolution
15.1
If the accommodation contract was concluded for a fixed term, it ends upon expiry of that term.
15.2
If the contracting party departs early, the accommodation provider is entitled to charge the full agreed remuneration. The accommodation provider will deduct what is saved due to non-use of services or what is received through other rental of the ordered rooms. A saving exists only if the establishment is fully occupied at the time of non-use of the rooms ordered by the guest and the rooms can be rented to other guests due to the contracting party’s cancellation. The burden of proof for the saving lies with the contracting party.
15.3
The contract with the accommodation provider ends upon the guest’s death.
15.4
If the accommodation contract was concluded for an indefinite period, either party 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 contracting party or guest
- makes significantly disadvantageous use of the rooms, or through inconsiderate, offensive or otherwise grossly improper behavior spoils cohabitation for the other guests, the owner, the owner’s staff or third parties living in the establishment, or commits against such persons an act punishable by law against property, decency or physical safety;
- contracts a contagious disease or a disease that extends beyond the duration of accommodation, or otherwise requires care;
- fails to pay the presented invoices when due within a reasonably set period (three days).
15.6
If performance of the contract becomes impossible due to an event deemed force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may dissolve the accommodation contract at any time without observing a notice period, insofar as the contract is not already deemed dissolved by law or the accommodation provider is released from the obligation to provide accommodation. Any claims for damages by the contracting party are excluded.
§ 16 Illness or Death of the Guest
16.1
If a guest falls ill during the stay in the establishment, the accommodation provider will arrange for medical care at the guest’s request. In case of imminent danger, the accommodation provider will arrange for medical care even without a specific request, particularly if necessary and the guest is unable to do so.
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. The scope of these measures ends when the guest is able to make decisions or the relatives have been notified of the illness.
16.3
The accommodation provider has claims for reimbursement against the contracting party and the guest, or in the event of death against their legal successors, in particular for:
- outstanding medical costs, costs for medical transport, medication and remedies;
- room disinfection that has become necessary;
- laundry, bed linen and bedding that have become unusable, or otherwise the disinfection or thorough cleaning of all such items;
- restoration of walls, furnishings, carpets, etc., insofar as they have been soiled or damaged in connection with the illness or death;
- room rent for the period the room was used by the guest, plus any days of unusability due to disinfection, clearing, etc.;
- 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 of the accommodation establishment.
17.2
This contract is governed by Austrian procedural and substantive law, excluding the rules of private international law (in particular the Austrian Act on Private International Law and the Rome Convention) and the UN Sales Convention.
17.3
In business-to-business transactions, the exclusive place of jurisdiction is the seat of the accommodation provider; however, the accommodation provider is also entitled to assert its rights before any other locally and materially competent court.
17.4
If the accommodation contract is concluded with a contracting party who is a consumer and has domicile or habitual residence in Austria, actions against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of employment.
17.5
If the accommodation contract is concluded with a contracting party who is a consumer and whose domicile is 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 has exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1
Unless otherwise provided above, a period begins upon delivery of the document ordering the period to the contracting party required to observe it. When calculating a period determined by days, the day on which the time or event occurs from which the start of the period is to be calculated is not counted. Periods determined by weeks or months refer to the day of the week or month which, by its designation or number, corresponds to the day from which the period is counted. If such a day is missing in the relevant month, the last day of that month is decisive.
18.2
Declarations must reach the respective other party by the last day of the period (24:00).
18.3
The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contracting party’s claim has been determined by a court or acknowledged by the accommodation provider.
18.4
In the event of regulatory gaps, the relevant statutory provisions apply.
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Pool Regulations
You can find the BLEIB BERG pool regulations as a PDF for download here.
Notes on the Use of Gift Vouchers
You will find all important information regarding your gift voucher here.
Ordering with gift vouchers: You may combine as many gift vouchers as you wish, up to a maximum total credit value of EUR 2,000. Gift vouchers have a minimum order value of EUR 20 and remain valid until the credit is used up — without any time limit.
Refund of gift vouchers: A cash payout of remaining credit is not possible.
Statutory Warranty and Further Information:
Your statutory warranty rights apply.
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The European Commission provides a platform for online dispute resolution (ODR), which you can access via the link to the European Commission’s platform. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
