Imprint & legal information

Duty to inform according to §5 Abs.1 E-Commerce Law (ECG)

Media owner/company: Gasteinertal Tourismus GmbH
Gasteiner Bundesstraße 367
5630 Bad Hofgastein
Austria

Tel: +43 (0) 6432 / 3393-0
Email: info@gastein.com
Homepage: www.gastein.com


Owner: Gasteinertal Tourismus

Management: Jürgen Bess
Tel. +43 6432 3393
E-mail: office@gastein.com

Business purpose: Travel agency, advertising & market communication Basic direction: tourist information and booking platform

Company register number: 166933s
UID: ATU 43937102
Company register court: Salzburg regional court
Authority according to ECG: District authority St.Johann im Pongau
Chamber/professional association: Salzburg Chamber of Commerce

Copyright/Liability:

In view of the technical characteristics of the Internet, no guarantee can be given for the authenticity, accuracy and completeness of the information provided on the Internet. No guarantee is given for the availability or operation of this website and its content.

 

Any liability for direct, indirect or other damages, irrespective of their causes, arising from the use or non-availability of the data and information on this website is excluded to the extent permitted by law.

 

The content of this website is protected by copyright. The information is intended for personal use only. Any further use, in particular storage in databases, duplication and any form of commercial use as well as disclosure to third parties, even in part or in revised form, is prohibited without the consent of the respective organization.

 

Any integration of individual pages of our website into external frames is prohibited.

Information obligation according to ECG and media law

Copyright photos:

Technical realization
web-crossing GmbH
Eduard-Bodem-Gasse 9
6020 Innsbruck

 

Search engine optimization
SEO Agency PromoMasters Online Marketing GesmbH
Urstein South 15
5412 Puch Salzburg

Liability & Disclaimer

Liability for content

The contents of our pages have been created with the greatest care. However, we cannot accept any liability for the accuracy, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general legislation. However, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.

 

Liability for links

Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.

 

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

 

Data protection

The use of our website is generally possible without providing personal data. If personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

We hereby expressly prohibit the use of contact data published within the scope of the imprint obligation by third parties for sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Scope of application

This data protection declaration informs users about the type, scope and purpose of the collection and use of personal data by the responsible provider [Gasteinertal Tourismus GmbH, Gasteiner Bundesstraße 367, 5630 Bad Hofgastein, info@gastein.com +43 6432 33 93 0] on this website (hereinafter referred to as "offer").

The legal basis for data protection can be found in the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

 

Access data/ server log files
The provider (or its web space provider) collects data about every access to the website (so-called server log files). The access data includes


Name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

The provider uses the log data only for statistical evaluations for the purpose of operation, security and optimization of the offer. However, the provider reserves the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence.


Handling of personal data
Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This includes the name, email address or telephone number. However, personal data also includes data about preferences, hobbies, memberships or which websites have been viewed by someone.
Personal data is only collected, used and passed on by the provider if this is permitted by law or if the user consents to the collection of data.


Making contact
When contacting the provider (e.g. via contact form or e-mail), the user's details are stored for the purpose of processing the inquiry and in the event that follow-up questions arise.


Integration of third-party services and content
It may happen that third-party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites are integrated into this online offering. This always presupposes that the providers of this content (hereinafter referred to as "third-party providers") are aware of the user's IP address. This is because without the IP address, they would not be able to send the content to the respective user's browser. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. However, we have no influence on whether the third-party providers store the IP address, e.g. for statistical purposes. Insofar as we are aware of this, we will inform users accordingly.


Cookies
Cookies are small files that make it possible to store specific information relating to the device on the user's access device (PC, smartphone, etc.). On the one hand, they serve the user-friendliness of websites and thus the users (e.g. storage of login data). On the other hand, they are used to collect statistical data on website usage and to analyze it for the purpose of improving the offer. Users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. However, it should be noted that the use and in particular the ease of use are restricted without cookies.
You can manage many online advertising cookies from companies via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/uk/your-ad-choices/ .


Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc ("Google"). Google Analytics uses so-called "cookies", text files which are stored on the user's computer and which enable the use of the website to be analyzed. The information generated by the cookie about the use of this website by users is usually transmitted to a Google server in the USA and stored there.


However, if IP anonymization is activated on this website, Google will truncate the IP address of users within member states of the European Union or other parties to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. IP anonymization is active on this website. Google will use this information on behalf of the operator of this website for the purpose of evaluating the use of the website by users, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if you do this you may not be able to use the full functionality of this website. Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent Google Analytics from collecting data within this website in the future. This will place an opt-out cookie on your device. If you delete your cookies, you must click this link again.


Use of Facebook social plugins
This website uses social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can be recognized by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "Gefällt mir" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
When a user accesses a website of this offer that contains such a plugin, their browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which integrates it into the website. The provider therefore has no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs users according to its level of knowledge:
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the website. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.


The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for protecting the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about them via this website and link it to their membership data stored on Facebook, they must log out of Facebook before visiting the website. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads.

 

Privacy policy for the use of Hotjar

This website uses functions of the Hotjar web service, operated by Hotjar Ltd. Hotjar Ltd. is a European company based in Malta. Hotjar uses cookies. These are text files that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Hotjar server and stored there.

 

You can object to the use of Hotjar. Instructions are available at: www.hotjar.com/opt-out.

Use of retargeting functions on the website www.gastein.com

"Placement of interest-based advertising with the help of "retargeting""
"This website uses so-called "retargeting tags". A "retargeting tag" is a JavaScript element that is placed in the source code of the website. If a user visits a page on this website that contains a "retargeting tag", an online advertising provider (e.g. Google) places a cookie on the user's computer and assigns it to the corresponding retargeting target group lists. This cookie is then used to place retargeting campaigns ("interest-based advertising") on other websites. Studies have shown that the display of interest-based advertising is more interesting for Internet users than advertising that is not directly related to interests or previously visited websites. "
Setting and deactivation options
"Third-party providers, including Google, use these cookies to place ads based on a user's previous visits to our website. No personal data is stored in the process. Users of this website can deactivate the use of cookies by Google by accessing the "Google Ads Preferences" page. Users can also deactivate the use of cookies by third-party providers by visiting the deactivation page of the "Network Advertising Initiative" and making the appropriate settings there."


Google ad preferences:
http://www.google.com/ads/preferences/?hl=de
"Settings and opt-out options of the "Network Advertising Initiative"":
http://www.networkadvertising.org/managing/opt_out.asp


Revocation, changes, corrections and updates
The user has the right, upon request and free of charge, to receive information about the personal data that has been stored about them. In addition, the user has the right to correct incorrect data, block and delete their personal data, insofar as this does not conflict with any statutory retention obligation.

OTHER

We have chosen to use either the masculine or feminine form of personal designations in order to make the content of this website easier to read. This in no way implies any discrimination against the other gender. All information is addressed equally to women and men.

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

Version dated 11/15/2006


Table of contents
§ 1 Scope of application
§ 2 Definitions of terms
§ 3 Conclusion of contract - down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the 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 property brought in
§ 12 Limitations of liability
§ 13 Keeping of animals
§ 14 Extension of the accommodation
§ 15 Termination of the accommodation contract - premature termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of fulfillment, place of jurisdiction and choice of law
§ 18 Miscellaneous

§ 1 Scope of application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as
"AGBH 2006") replace the previous ÖHVB in the version dated September 23, 1981.
1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006
are subsidiary to individual agreements.

 

§ 2 Definition of terms

2.1 Definitions of terms:
"Proprietor": Is a natural or legal person who accommodates guests for a fee.
"Guest": Is a natural person who makes use of accommodation. The guest
is usually also the contractual partner. Guests also include those persons
who arrive with the contracting party (e.g. family members, friends, etc.).
etc).
"Party": is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
concludes an accommodation contract.
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the 1979 Consumer Protection Act as amended.
"Accommodation contract": Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of contract - down payment

3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed
shall be deemed received if the party for whom they are intended can retrieve them under normal
circumstances, and the receipt takes place during the published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the
that the Party makes a down payment. In this case
the Proprietor shall be obliged to inform the Party prior to accepting the written or oral
written or oral order of the Party, the Proprietor shall inform the Party of the required down payment.
required. If the Party agrees to the down payment (in writing or orally), the
or verbally), the accommodation contract shall be deemed concluded upon receipt of the
the receipt of the declaration of consent regarding the payment of the down payment by the
by the Proprietor.
3.3 The Party shall be obliged to pay the down payment at the latest 7 days (receipt)
prior to the accommodation. The costs for the monetary transaction (e.g.
transfer charges) shall be borne by the Party. For credit and debit cards
the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment of the agreed fee.

 

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different time of occupancy, the Party shall have the right to
the rented rooms from 4 p.m. on the agreed day ("day of arrival").
to move in.
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall be
the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner on the day of departure by
12.00 noon on the day of departure. The Proprietor shall be entitled to charge an additional day
charge a further day if the rented rooms are not vacated by the deadline.
are vacated on time.

 

§ 5 Withdrawal from the Accommodation Agreement - Cancellation fee

Withdrawal by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been
payment has not been made by the Party in due time, the Proprietor may rescind the
withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest does not show up by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to provide accommodation unless a later time of arrival has been agreed.
has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), however, the premises shall remain
the rooms remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest.
following the agreed day of arrival. In the case of advance payments of more than four days, the
accommodation obligation ends at 6 p.m. on the fourth day, whereby the day of arrival is
day is counted as the first day, unless the guest announces a later arrival day.
announced.
5.4 Up to 3 months before the agreed date of arrival of the contracting party at the latest, the
the accommodation contract may be terminated by the accommodation provider for objectively justifiable
justified reasons, unless otherwise agreed, by means of a unilateral declaration.
declaration.

Withdrawal by the Party - Cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the
accommodation contract without payment of a cancellation fee by means of a unilateral declaration by the
by the contracting party without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, a withdrawal by unilateral declaration by the
unilateral declaration by the contracting party is only possible upon payment of the following cancellation fees
possible:
- up to 1 month before the date of arrival 40% of the total package price;
- up to 1 week before the date of arrival 70% of the total package price;
- in the last week before the day of arrival 90% of the total package price.
up to 3 months: no cancellation fees
3 months to 1 month: 40 %
1 month to 1 week: 70 %
In the last week: 90 %
Impediments to arrival
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival
because unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) prevent
circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be
the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
the days of arrival.
5.8 The obligation to pay the fee for the booked stay shall be revived from the date of arrival
if arrival is possible again within three days.
again within three days.

 

§ 6 Provision of alternative accommodation

6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation
(of the same quality) if this is reasonable for the Party, especially if the
reasonable, especially if the deviation is minor and objectively justified.
justified.
6.2 An objective justification is given, for example, if the room
(the rooms) has (have) become unusable, guests who have already been accommodated extend their
guests are extending their stay, there is an overbooking or other important operational
measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the Proprietor.

§ 7 Rights of the Party

7.1 By concluding an Accommodation Agreement, the Party shall acquire
the right to the customary use of the rented rooms, the facilities of the
of the lodging establishment, which are usually accessible for use by the guests without special
to the guests for use, and to the customary service.
The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

 

§ 8 Obligations of the Contractual Partner

8.1 The Contractual Partner is obliged to pay the agreed remuneration plus any additional amounts
agreed fee plus any additional amounts incurred due to the separate use of services by him
services used by him and/or the guests accompanying him, plus statutory value added tax.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If
the Proprietor accepts foreign currencies, these shall be accepted in payment at the
taken in payment. If the Proprietor accepts foreign currencies or
cashless means of payment, the Party shall bear all associated costs
associated costs, such as inquiries with credit card companies,
telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party
or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.

§ 9 Rights of the Proprietor

9.1 If the Party refuses to pay the agreed remuneration or is in arrears with payment
in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest.
The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred for the Party and for any claims for compensation of any kind.
for any claims for compensation of any kind.
9.2 If the service is provided in the room of the Party or at unusual times of the day
times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to
shall be entitled to charge a special fee for this. However, this special charge shall be
be indicated on the room price list. The accommodation provider may also refuse these services
also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its services at any time.

 

§ 10 Obligations of the Proprietor

10.1 The Proprietor shall be obliged to provide the agreed services to a
services in accordance with its standard.
10.2 The following are examples of special services of the Proprietor that are not included in the accommodation fee and are subject to a separate charge:
a) special accommodation services that may be charged separately, such as the provision of
separately, such as the provision of lounges, sauna, indoor swimming pool
swimming pool, solarium, garage, etc;
b) for the provision of extra beds or children's beds, a reduced price is charged.
price shall be charged.
§ 11 Liability of the Proprietor for damage to property brought in
11.1 The Proprietor shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if
the items are handed over to the Proprietor or to persons authorized by the Proprietor
or brought to a place instructed or designated by them for this purpose.
designated for this purpose. If the Proprietor is unable to prove this, the Proprietor shall be liable
shall be liable for his own fault or the fault of his employees and the persons
outgoing and incoming persons. The accommodation provider shall be liable pursuant to § 970 para. 1
ABGB at most up to the amount specified in the Federal Law of November 16, 1921 on the
liability of innkeepers and other entrepreneurs as amended from time to time.
as amended. If the contracting party or the guest fails to comply with the
of the Proprietor to deposit their belongings in a special depository, the Proprietor shall be released from any liability.
The amount of any liability of the Proprietor shall be limited to a maximum of the
liability insurance sum of the respective accommodation provider. Any fault on the part of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If
the Party is an entrepreneur, liability for gross negligence shall also be excluded.
is also excluded. In this case, the Party shall bear the burden of proof
for the existence of fault. Consequential damage or indirect damage as well as
lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any damage in excess thereof
damage only in the event that he has accepted these items for safekeeping in full knowledge of their
the nature of the items or in the event that the damage was caused by the
the damage was caused by him or one of his employees. The limitation of liability
pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities
refuse to store valuables, money and securities if they are significantly more valuable than
guests of the relevant accommodation establishment usually leave in safekeeping.
11.5 Liability shall be excluded in any case of accepted safekeeping,
if the Party and/or Guest does not immediately notify the Proprietor of the damage
the Proprietor without undue delay. Furthermore, these claims shall be
three years from the date of knowledge or possible knowledge by the contractual partner
or guest; otherwise the right shall lapse.

 

§ 12 Limitations of liability

12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence
slight negligence, with the exception of personal injury, shall be excluded.
12.2If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded.
slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage,
immaterial damage or indirect damage as well as lost profits shall not be
shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the
amount of the reliance interest.

 

§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodating establishment with the prior consent of the
be brought into the accommodating establishment for a special fee.
13.2 The Party bringing along an animal shall be obliged to properly keep or supervise this animal during
to keep or supervise this animal properly during its stay or to have it
have it kept or supervised by a suitable third party at its own expense.
third parties.
13.3 The contractual partner or guest taking an animal with them must have appropriate
animal liability insurance or private liability insurance which also covers
also covers possible damage caused by animals. Proof
of the corresponding insurance must be provided at the request of the Proprietor.
provided.
13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for the
the Proprietor jointly and severally for any damage caused by animals brought along. The damage
shall also include, in particular, any compensation payments by the Proprietor that the
Proprietor has to pay to third parties.
13.5 Animals shall not be permitted in the lounges, lounges, restaurant rooms and wellness areas.
animals may not be present.

 

§ 14 Extension of the accommodation

14.1 The contracting party shall not be entitled to an extension of their stay.
be extended. If the Party notifies the Proprietor of its desire to extend the stay
the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure
because unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) prevent
unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) all departure
the accommodation contract shall be automatically extended for the duration of the impossibility of departure.
of departure is automatically extended. A reduction of the fee for this
time shall only be possible if the contracting party accepts the services offered by the
services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled
request at least the fee that corresponds to the price usually charged in the low season.
charged in the low season.

 

§ 15 Termination of the Accommodation Agreement - Early termination

15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end
upon expiry of the term.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.
agreed remuneration. The Proprietor shall deduct what it has
saved as a result of the non-utilization of the services offered or
what he has received by renting the booked rooms to other parties. A
savings shall only be deemed to exist if the accommodation provider at the time of the
the time of non-utilization of the rooms booked by the guest and the room can be rented to further guests due to the cancellation of the contracting party.
can be rented to further guests. The burden of proof of the savings shall be borne by the
contractual partner.
15.3 The contract with the Proprietor shall end upon the death of a Guest.
15.4 If the Accommodation Agreement has been concluded for an indefinite period, the Parties may terminate the Agreement by 10.00 a.m. on the third day prior to the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement 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 his inconsiderate, offensive or otherwise grossly improper behavior
the other guests, the owner, the owner's staff or third parties staying in the accommodation establishment, or commits an offense against these persons that is punishable by law
against property, morality or physical safety; or
is guilty of such an offense;
b) is afflicted by a contagious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
c) fails to pay the invoices submitted when they fall due within a reasonable
period (3 days).
15.6 If the fulfillment of the contract is prevented by an event to be considered force majeure
(e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may
impossible, the Proprietor may terminate the Accommodation Agreement at any time without
notice period, provided that the contract is not already deemed terminated by law, or
the law, or the Proprietor is released from its obligation to provide accommodation.
is released from his obligation to provide accommodation. Any claims for damages etc. by the contracting party shall be excluded.
are excluded.

 

§ 16 Illness or death of the guest

16.1 If a guest falls ill during their stay at the accommodation establishment, the
the accommodation provider shall provide medical care at the guest's request. If danger
in delay, the Proprietor shall arrange for medical care even without the
request of the guest, in particular if this is necessary and the guest
is necessary and the Guest is unable to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall provide medical care at the Guest's expense.
provide medical treatment at the guest's expense. However, the scope of these care measures shall end at the time when the guest is able to make decisions
decisions or the relatives have been notified of the illness.
of the illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:
a) outstanding medical expenses, costs for ambulance transportation, medication and medical aids
b) room disinfection that has become necessary,
c) laundry, bed linen and bed furnishings that have become unusable, otherwise
for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc,
etc., insofar as these have been contaminated or damaged in connection with the illness
or damaged in connection with the illness or death,
e) room rental, insofar as the room was occupied by the guest
plus any days during which the rooms were unusable due to disinfection
disinfection, evacuation or similar,
f) any other damage incurred by the accommodation provider.

 

§ 17 Place of fulfillment, place of jurisdiction and choice of law

17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This Agreement shall be governed by Austrian formal and substantive law to the
the rules of private international law (in particular IPRG and EVÜ)
and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the domicile of the
of the Proprietor, whereby the Proprietor shall furthermore be entitled to assert its rights
the Proprietor shall also be entitled to assert its rights before any other court with local and
competent court.
17.4 If the Accommodation Agreement has been concluded with a Party that is a consumer
and has his domicile or habitual residence in Austria,
consumer may only be brought against the consumer at the consumer's place of residence, habitual
place of residence, habitual abode or place of employment of the consumer.
be brought.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer
and whose place of residence is in a member state of the European Union (with the exception of
of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the
the consumer's place of residence shall have exclusive local and subject-matter jurisdiction for actions
competent court for actions against the consumer.

 

§ Section 18 Miscellaneous

18.1 Unless otherwise provided for in the above provisions, the term shall commence
of a time limit begins with the delivery of the document ordering the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is
days, the day in which the point in time or the event falls after which the
or the event on which the start of the period is to be based is not included.
Time limits determined by weeks or months refer to the day of the week or
of the week or month which, by its name or number, corresponds to the day
day from which the time limit is to be counted. If this day is missing in the
month, the last day of that month shall be decisive.
18.2 Declarations must be received by the other contracting party on the last day of the
period (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been established by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.

 

To the general terms and conditions of the hotel industry