Terms and Conditions

1. Section 1 Scope of application
2. § 2 Definitions
3. Section 3 Conclusion of Contract – Deposit
4. § 4 Commencement and termination of accommodation
5. § 5 Cancellation of the accommodation contract – Cancellation fee
6. § 6 Provision of alternative accommodation
7. Section 7 Rights of the contracting party
8. § 8 Obligations of the Contracting Party
9. § 9 Rights of the proprietor
10. § 10 Obligations of the host
11. § 11 Liability of the accommodation provider for damage to property brought in
12. Section 12 Limitation of Liability
13. § 13 Animal keeping
14. § 14 Extension of the accommodation
15. § 15 Termination of the accommodation contract – Early dissolution
16. § 16 Illness or death of the guest
17. Section 17 Place of performance, place of jurisdiction and choice of law
18. § 18 Data processing when using PMS systems (widgets)
19. Section 19 Miscellaneous

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 Definitions: „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, as a rule, also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also deemed to be guests. „Contracting Party“: 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 „Business Operator“: 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 § 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 makes 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 comes into effect upon the accommodation provider’s receipt of the contracting party’s declaration of consent to pay the deposit. 3.3 The contracting party is obliged to pay the deposit no later than 7 days (by the date of receipt) before the start of the accommodation. 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 Commencement and end of the accommodation 4.1 Unless the accommodation provider offers a different check-in time, the contracting party is entitled to take possession of the rented rooms from 4.00 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 rooms by 12.00 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the agreed time. 4 § 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 6.00 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, however, remain reserved until 12.00 noon at the latest on the day following the agreed day of stay. In the event of advance payment for more than four days, the obligation to provide accommodation ceases from 6.00 pm on the fourth day, with the day of arrival counted as the first day, unless the guest specifies a later arrival date. 5.4 Up to 3 months before the contractual partner’s agreed arrival date at the latest, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed. Withdrawal by the contracting party – cancellation fee 5.5 Up to 3 months before the guest’s agreed arrival date at the latest, the accommodation contract may be terminated by the contracting party by unilateral declaration without payment of a cancellation fee. 5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees: – up to 1 month before the arrival date: 40 % of the total package price; – up to 1 week before the arrival date: 70 % of the total package price; – in the last week before the arrival date: 90 % of the total package price. 5 to 3 months 3 months to 1 month 1 month to 1 week In the final week: no cancellation fees 40 % 70 % 90 % Difficulties in travelling to the accommodation 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.), 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 resumes as soon as travel becomes possible again, provided that travel becomes possible within three days. § 6 Provision of alternative accommodation 6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, particularly if the difference is minor and objectively justified. 6.2 Objective justification exists, for example, if the room(s) has (have) become unusable, guests already staying there extend their stay, there is overbooking, or other important operational measures necessitate this step. 6.3 Any additional costs incurred for the alternative accommodation shall be borne by the accommodation provider. § 7 Rights of the contracting party 7.1 By entering into a contract of accommodation, the contracting party acquires the right to the normal use of the rented rooms, the facilities of the accommodation establishment which are normally and without special conditions available to guests for 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). 6 § 8 Obligations of the contracting party 8.1 The contracting party is obliged to pay the agreed fee, plus any additional charges arising from the use of separate services by them and/or their accompanying guests, plus statutory value-added tax, no later than the time of departure. 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 § 970c of the Austrian Civil Code (ABGB) and to the statutory right of lien pursuant to § 1101 of the ABGB in respect of the 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 for 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 charge 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. 7 § 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 fee are: a) 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.; b) a reduced rate is charged for the provision of extra beds or cots. § 11 Liability of the accommodation provider for damage to items brought onto the premises 11.1 The accommodation provider is liable in accordance with §§ 970 et seq. of the Austrian Civil Code (ABGB) for items brought onto the premises 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 exempt from any liability. The extent of any liability on the part of the accommodation provider shall be limited to the sum insured under the provider’s liability insurance policy. Any contributory negligence on the part of the contracting party or guest shall be taken into account. 11.2 The accommodation provider’s liability for slight negligence is excluded. If the contracting party is a business, liability is also excluded in cases of gross negligence. In this case, the burden of proof regarding the existence of fault lies with the contracting party. Consequential or indirect losses, as well as loss of profits, shall under no circumstances be compensated. 11.3 The accommodation provider is liable for valuables, money and securities only up to the current amount of €550. The accommodation provider shall be liable for any damage exceeding this amount only if they have accepted these items for safekeeping in full knowledge of their nature, or if the damage was caused by the accommodation provider themselves or one of their employees. The limitation of liability set out in 12.1 and 12.2 applies mutatis mutandis. 8 11.4 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. 11.5 In any case where items have been accepted for safekeeping, liability is excluded if the contracting party and/or guest fails to notify the accommodation provider of the damage immediately upon becoming aware of it. Furthermore, such claims must be brought before the courts within three years of the contracting party or guest becoming aware of the damage or having had the opportunity to become aware of it; otherwise, the right to claim shall lapse. § 12 Limitations of Liability 12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence, with the exception of personal injury, is excluded. 12.2 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 profit, 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 an animal with them is obliged to keep and supervise the animal properly during their stay, or to have it 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. 9 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 on the premises. Such damage includes, 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 right to have their stay extended. 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 the contracting party is unable to leave the accommodation on the day of departure because, due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) all means of departure are blocked or unusable, 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 claim 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 expiry of that term. 15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider shall deduct any savings made as a result of the guest not making use of the services provided, or any income received from letting the booked rooms to other guests. A saving shall only be deemed to have been made if the accommodation establishment is operating at full capacity at the time the guest’s reserved accommodation is not utilised and the accommodation can be let to other guests as a result of the contracting party’s cancellation. The burden of proof regarding such savings lies with the contracting party. 15.3 The contract with the accommodation provider shall terminate upon the death of a guest. 10 15.4 If the accommodation contract was 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. 15.5 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 a) makes significantly detrimental use of the premises or, through their reckless, 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; b) contracts an infectious disease or an illness that extends beyond the duration of the stay, or otherwise requires nursing care; c) fails to pay the invoices presented by the due date within a reasonable period (3 days). 15.6 If the performance of the contract becomes impossible due to an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), 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, at the guest’s request, arrange for medical care. 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. 11 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: a) outstanding medical costs, costs for patient transport, medication and medical aids; b) room disinfection that has become necessary; c) linen, bed linen and bedding that have become unusable, or otherwise the cost of disinfecting or thoroughly cleaning 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 rent, insofar as the guest has occupied the premises, plus any days during which the rooms are unusable due to disinfection, clearance or similar; (f) any other damage incurred by the accommodation provider. § 17 Place of performance, venue 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 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 United Nations Convention on Contracts for the International Sale of Goods (CISG). 17.3 In bilateral business-to-business transactions, the exclusive place of jurisdiction is the accommodation provider’s registered office; however, 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 with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction over legal proceedings against the consumer. 12 § 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 specified in days, the day on which the point in time or event occurs from which the time limit is to be calculated shall not be included. 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 be received by the other contracting party by midnight on the last day of the time limit. 18.3 The accommodation provider is entitled to set off its own claims against any claims made by the contracting party. The contracting party is not entitled to set off its own claims against the accommodation provider’s claims, 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.

Data processing when using PMS systems (widgets)
These pages may contain widgets from zadego GmbH (easybooking)
implemented.
zadego GmbH
Anton-Melzer-Straße 10
6020 Innsbruck
Austria
The provider is a PMS system that integrates the hotel software provider
of the controller. Depending on the tourism business, the widgets can be
act on the following:
Enquiry form
• Booking screen
• Small Search (enquiry, booking)
• Category view
• Room view
• Flat-rate widget
• Price overview
• Price comparison
• Availability calendar
• Online Check-In
a. General
To be able to process your request or booking, it is necessary that the [information/data] provided by you
data disclosed to the controller are processed.
The aforementioned controller and zadego GmbH (both together also referred to as „Provider“)“
referred to as) are in a contractually regulated business relationship. The controller
sources its hotel management and booking software from zadego GmbH.
There is a transfer of the personal data provided by you to
the management system and to those in business relations with the management system
existing companies. This transfer takes place in particular to the above-mentioned landlord, if applicable.
also to tourism associations, registration providers, payment service providers and others
Companies that are connected to management systems and/or landlords and to
have to be called upon for the fulfilment of post-contractual obligations.
The use of personal data by the providers is governed by the
applicable legal provisions and the consent given by you to
Use of your data.
b. Collection of data
As part of an enquiry or booking with the tourism business, you provide for the purpose of carrying out
relevant data for the same are known. As a rule, these are
Following:
• First name and surname
• Email address
• Address
• Telephone
• Payment details (bank details, credit card information)
• Dates of birth (for identifying children)
This data will only be, as far as legally permitted, and only with your consent and
collected through your active participation. Insofar as the consent within the scope of the services
is explained electronically, the statutory information requirements are met and
this consent is logged by means of suitable technical systems.
c. Purpose of this data processing
The data controller will in this context process your personal data for
process for the following purposes:
• Submitting a quotation
• Online Check-In
• Fulfilling reporting obligations
• Payment processing
• Accounting
If personal data (contact details,
Email, details of the desired stay in our establishment), this is always done on a voluntary basis
Basis and solely for the purpose of a corresponding offer for your desired stay
to be able to submit.
If no contractual relationship is established between the parties (i.e. if there is no
stay at the controller's establishment), the data of the data subject
deleted automatically from the systems without delay. In individual cases, legal
Retention and deletion periods must be observed.