| Restaurant Steinadler |
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§ 4 Cancellation by Customer (Cancellation), failure to use the services of the provider In case of cancellation the customer has that, unless otherwise agreed in individual contracts, the service provider liquidated damages (penalty) to be paid to the following scale: Cancellation up to 30 days before arrival: 20% of contract value Cancellation up to 7 days before arrival: 50% of contract value Cancellation up to 1 day before arrival: 75% of contract value thereafter, or no show 100% of the share price of the first night and 75% of the following nights |
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A GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006) Version of 15.11.2006 Take me to: § 1 2 § 2 Definition of Terms 2 § 3 Conclusion - Deposit ............................................. .................................................. .. 3 § 4 Start and end of accommodation ........................................... ............................................... 3 § 5 Withdrawal from the Accommodation Agreement - Cancellation fee ........................................... .................... 4 § 6 Provision of substitute accommodation ............................................. ................................................ 5 § 7 Rights of 5 § 8 Obligations of the contractor ............................................. .................................................. .... 6 § 9 Rights of the Proprietor 6 § 10 Obligations of the 7 § 11 Liability of the Proprietor for any damage to items ........................................ ..... 7 § 12 Limitation of Liability 8 § 13 animal husbandry 8 § 14 Extension of accommodation ............................................. .................................................. . 9 § 15 Termination of the Accommodation Agreement - Early cancellation .......................................... .. 9 § 16 Illness or Death of a Guest in the Accommodation Agreement ......................................... ........... 10 § 17 Place of Performance, Jurisdiction and Choice of Law ........................................... ............................... 11 § 18 12 2 § 1 Scope 1.1 These terms and conditions for the hotel (the "AGBH 2006") replace the existing ÖHVB as amended, 23 September 1981st 1.2 The AGBH 2006 does not exclude special agreements. The AGBH 2006 are subsidiary to the individual agreements. § 2 Definition of Terms 2.1 Definitions: "Proprietor" means an individual or legal Person that accommodates guests for a fee. "Guest": Is a natural person, the property consuming. The guest is usually also the Party. Guests also include those persons arriving by contractors (Eg family members, friends etc). "Contractor" means an individual or legal entity at home or abroad, as Guest or a guest has a contract for accommodation terminates. "Consumer" and "Contractor": The terms are according to the Consumer Protection Act 1979 as amended to . understand "Accommodation Agreement": Is that between the Proprietor and the contractor completed Contract, the contents of which are closer regulated. 3 § 3 Conclusion - Deposit 3.1 The accommodation contract is through the adoption of the order of the Party by the Proprietor. Electronic statements are deemed to be received when the party for whom they are intended, among these common Circumstances can retrieve and access to the published business hours the accommodation is. 3.2 The Proprietor shall be entitled to terminate the contract for accommodation under the condition conclude that the Party makes a down payment. In this case is the Proprietor shall, before accepting the written or oral Order of the Party, the Party of the required deposit pointed out. Explained by the contractor with the payment (in writing or written) consent of the accommodation contract is with the access Consent for the payment of the deposit of the contractor the accommodation provider. 3.3 The contractor is obliged to deposit at least 7 days (receipt) to pay the Accommodation. The cost for the financial transaction (eg Transfer fees) borne by the contractor. Apply for credit and debit cards The conditions of the card companies. 3.4 The deposit is part payment of the agreed fee. § 4 Start and end of accommodation 4.1 The contractor shall be entitled to the Proprietor any other time serving, the leased premises from 16.00 clock on the agreed date ("arrival") to relate. 4.2 If a room is first taken before 6:00 clock early in the claim, then one The previous night the first night. 4.3 The rented rooms by the contractor on the date of departure Vacate 12.00 clock. The accommodation provider is entitled to an additional day To make statements, if the leased premises not vacated in time are. 4 § 5 Withdrawal from the Accommodation Agreement - Cancellation fee Rescission by the Proprietor 5.1 If the accommodation contract and a deposit, the deposit the contractor is not paid on time, the Proprietor may not Respite from the accommodation contract. 5.2 If not, the guest clock to 18:00 on the agreed arrival day appears, is No accommodation required, unless a later arrival time was agreed. 5.3 If the contractor a deposit (see 3.3) has done so, however, remain the premises by 12.00 Clock of the agreed date of arrival following day reserved. In advance of more than four days, ending the Accommodation requirement of 18 clock of the fourth day, with the arrival as first day is expected, unless the guest is a later arrival known. 5.4 Up to 3 months prior to arrival of the contractor The accommodation contract can by the Proprietor, for justifiable Reasons, unless it is otherwise agreed, by a unilateral Declaration to be resolved. Cancellation by the Party - Cancellation fee 5.5, no later than 3 months before the stipulated date of arrival of Accommodation contract without any cancellation fee unilaterally be resolved by the parties. 5.6 Outside of the § 5.5. specified period, a withdrawal by one-sided Explanation of the contractor only under the following cancellation fees possible: - Up to 1 month prior to arrival 40% of the total agreed price; - Until 1 week before arrival 70% of the total agreed price; - In the last week before the arrival 90% of the total package price. 5 to 3 months 3 months to 1 Month 1 month to 1 Week In the last Week No cancellation fees 40% 70% 90% Prevention from arrival 5.7 If the contract does not on the day of arrival at the lodging establishment appear because of unforeseen extraordinary circumstances (eg extreme Snowfall, floods etc.), all the travel possibilities impossible are, is the contracting party is not obliged to make the agreed payment for the days to pay the check. 5.8 The obligation to pay compensation for the booked stay shall revive as possible arrival again, if the check back within three days available is. § 6 Provision of alternative accommodation 6.1 The Proprietor may provide the Party or the guests with adequate alternative accommodation (Same quality) provide, if the contractor reasonable, especially if the difference negligible and factually is justified. 6.2 An objective justification is given, for example, if the room (S) has been closed (are) already resident guest their Extended stay, the establishment is overbooked or other operational Measures require this step. 6.3 Any additional expenses for alternative accommodation at the expense of the Proprietor. § 7 Rights of the contractor 7.1 By entering into an accommodation contract gives the contractor the right to the normal use of the leased premises, facilities the lodging establishment, the usual way and no special conditions for usage by guests are available, and the usual service. The party has its rights under any applicable hotel and / or guests Policies (House Rules) exercise. 6 § 8 Obligations of the contractor 8.1 The contractor is required to send at the time of departure, the agreed fee plus any additional amounts due to the separate Performance claims made by him and / or created the accompanying guests have to be paid plus applicable sales tax. 8.2 The Proprietor is not obliged to accept foreign currencies. Accepted Proprietor of foreign currencies, when feasible, to this day course accepted in payment. If the accommodation provider or foreign currencies accept cashless means of payment, shall be borne by the contractor so that all related costs, such inquiries with credit card companies, Telegrams, etc. 8.3 The contractor shall be liable towards the Proprietor for any damage he or the guest or other person with the knowledge or intention of the Party Receive services of the Proprietor cause. § 9 Rights of the Proprietor 1.9 If the Party refuses to pay the amount agreed upon or is he is in arrears, the Proprietor of the statutory lien pursuant to Civil Code § 970c and the statutory lien pursuant to § 1101 Civil Code to the contractor or the items brought by the guest. This retention or lien is to secure Furthermore, the Proprietor its claims under the contract for accommodation, especially for food, other expenses that have been made to the contractor and for any damages of any kind to. 9.2 If the service in the room of the contractor or at unusual Times of the day (after 20.00 and before 6.00 Clock Clock) is required, the Proprietor entitled to demand a special fee. This special supplement is to be stated on the room price notice. The hotelier can these services rejected for operational reasons. 9.3 The Proprietor shall have the right at any time or interim invoices for billing his power to. 7 § 10 Duties of Proprietor 10.1 The Proprietor shall be obliged to provide the agreed services in its To provide appropriate standard. 10.2 Extra services of the Proprietor, not in the accommodation fee included, are examples: a) Extra accommodation services that billed separately may be, such as the provision of salons, sauna, indoor pool, Swimming pool, solarium, garage, etc; b) for the provision of additional beds or cribs is a reduced Price calculated. § 11 Liability of the Proprietor for any damage to items 11.1 The Proprietor shall be liable pursuant to § § 970 ff Civil Code for the party brought in Things. The liability of the hotelier is given only when the goods to the Proprietor or the persons authorized by the Proprietor to pass or deposited in a dependent or intended for such purpose of this site have been. Unless the Proprietor of the other evidence, the hotelier is liable for its own fault or that of its servants and incoming and outgoing person. The accommodation provider is liable under § 970 para 1 Than up to the Civil Code of the Federal Law of 16 November 1921 on the Liability of innkeepers and other entrepreneurs in the current version fixed amount. If the contractor or the guest of the request to deposit with the Proprietor his things in a special deposit not immediately after, the accommodation is exempt from all liability. The amount of any liability of the hotelier is maximal with the Liability insurance of such Proprietor limited. A fault the contractor or the score is taken into account. 11.2 The liability of the hotelier is liable for slight negligence. Is the Party is a contractor is not liable for gross negligence excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits are not replaced. 11.3 For valuables, money and securities, the Proprietor shall be liable only up to the amount from the current € 550, -. The accommodation provider is liable for any exceeding Damage only in the event that these things in his knowledge of their condition accepted for storage has or in the case that the damage of himself or his people were in debt. The limitation of liability accordance with 12.1 and 12.2 shall apply mutatis mutandis. 8 11.4 The safekeeping of valuables, money and securities, the Proprietor Reject if it is significantly more valuable items than Guests of the lodging establishment usually give into custody. 11.5 In any case, the deposition, liability is excluded, if the other party and / or visiting the damage that has occurred from knowledge not delay the Proprietor. Moreover, these claims within three years of knowledge or possible knowledge by the contractor or guest to make a court of law, otherwise the right is extinguished. § 12 Limitation of Liability 12.1 If the contractor is a consumer, the liability of the hotelier for ordinary negligence, with the exception of personal injury are excluded. 12.2Ist the Party is an entrepreneur, is the responsibility of the Proprietor for slight and gross negligence. In this case, the Party the burden of proof for the existence of fault. Consequential damages, intangible, or indirect damages or lost profits not replaced. The damage to be found in every case be limited to the Confidence level of interest. § 13 animal husbandry 13.1 Animals allowed only with prior consent of the Proprietor and be brought against extra remuneration in the accommodation. 13.2 The Party, bringing along an animal is obliged to apply the animal during his stay in custody or properly supervise or keep this at his own expense by a qualified third party or to supervise . can 13.3 The contractor or guest who brings an animal has a corresponding Pet insurance or a private insurance who and possible damage caused by animals does to dispose of. The proof the appropriate insurance is the Proprietor upon request to . provide 9 13.4 The contractor or their insurance company liable towards the Proprietor for jointly and severally for the damage their pets cause. The damage specifically includes those replacements with the Proprietor of the Accommodation shall be provided to third parties. 5.13 may in the lounges, corporate, restaurants and wellness area Animals do not stay. § 14 Extension of accommodation 14.1 The contractor shall not be entitled to have his stay extended is. If the Party's request for extension of stay time to, so the Proprietor of the extension of the accommodation contract . agree The Proprietor makes no commitment to. 14.2 If the contract does not on the day of departure the accommodation leave because of unforeseen extraordinary circumstances (eg extreme Snowfall, floods etc.) blocked all ways of travel, or not are usable, then the contract for accommodation for the duration of the impossibility departure automatically renewed. A reduction of the fee for this Period may only be possible if the parties offered Services of the accommodation as a result of exceptional weather conditions can not use fully. The accommodation provider is entitled to a minimum the pay, the price usually charged in the corresponds to the off-season. § 15 Termination of the Accommodation Agreement - Early cancellation 15.1 If the accommodation contract concluded for a definite time, it ends with time. 15.2 If the contractor early then the accommodation provider is entitled to the full to demand payment amount. The Proprietor shall deduct what he be saved as a result of non-use of his service or what he has obtained by another letting the rooms. A Reduction occurs only when the accommodation at the time of Non-use of the guest rooms appointed fully utilized and the room is due to the cancellation of the contractor can be rented to other guests. The burden of saving the bears Contractors. 15.3 Upon the death of a guest, the Agreement with the Proprietor. 10 15.4 If the accommodation contract concluded for an indefinite period, so the parties to the contract, to 10.00 clock on the third day before the intended Contract end dissolving. 15.5 The Proprietor shall be entitled to the accommodation contract with immediate effect terminate for cause, especially if the other party or the guest a) makes use of the rooms in a significantly adverse use or by his inconsiderate, objectionable or otherwise inappropriate uncouth behavior the other guests, the owner, its people or in the accommodation resident third spoils against cohabitation or in relation to them with a punishable act against property, morality or physical security guilty; b) from a contagious disease or a disease that over the duration of the stay goes, is infested or otherwise in need of care; c) the invoices when they fall due within a reasonably set Period (3 days) are not paid. 15.6 If the contract by an act of God as to an event (Eg acts of God, strike, lockout, official orders, etc) impossible, the Proprietor of the Accommodation Agreement at any time without Giving notice to resolve, unless the contract after the law applies as resolved, or the accommodation of its accommodation duty is exempt. Any claims for damages etc. the contractor are excluded. § 16 Illness or death guest 16.1 a guest becomes ill during his stay in the accommodation, so Proprietor of the guest's request arrange for medical care. Is danger in default, the accommodation, medical care, even without special Induce the desired score, this is especially the case if necessary and the guest to do so themselves in the situation. 16.2 As long as the guest is not in a position to make decisions or their family no score can be contacted on the Proprietor Cost of guests arrange for medical treatment. The scope of these measures concern ends, however, the time when the decisions of the host can make or relatives have been informed about the sickness are. 11 16.3 The Proprietor has against the contractor and the host or in case of death against their successors in particular for the following expenses claims: a) unsettled medical costs, costs for ambulance services, drugs and medical aids b) become necessary room disinfecting, c) unusable clothes, bed linen and bed furniture, otherwise for disinfecting or thorough cleaning of all these objects, d) restoration of walls, furnishings, carpets etc. if these contaminated in connection with the illness or death or have been damaged, e) room and, as far as the space taken up by the guest was due plus any days of the rooms are unusable Disinfection, vacation etc., f) any other damage incurred by the Proprietor. § 17 Place of Performance, Jurisdiction and Choice of Law 17.1 Place of performance is the place where the establishment is located. 17.2 This contract is subject to Austrian procedural and substantive law Exclusion of the rules of private international law (particularly PILA and the Rome Convention) and CISG. 17.3 The sole place of jurisdiction is an Entrepreneur based business of the Proprietor, the Proprietor shall also be entitled to assign its rights claimed before any other court with jurisdiction to location and matter . make 17.4 If the accommodation contract with a contractor who is a consumer their domicile or habitual residence in Austria, has closed actions against the consumer exclusively on the domicile, habitual Residence or place of work introduced the consumer be. 17.5 If the accommodation contract with a contractor who is a consumer and is domiciled in a Member State of the European Union (with the exception Austria), Iceland, Norway or Switzerland, has, this is for the Residence of the consumer for the consumer complaints against local and material court exclusive jurisdiction. 12 § 18 Miscellaneous 18.1 Unless the foregoing, nothing special provision, the term begins a period of service with the deadline ordering document to the contractor, which the deadline has to be true. When calculating a deadline, which is determined by days, the day is not counted, in which the timing or falls enownment, after which the judge is the beginning of the period. After weeks or months, certain deadlines related to those days the week or month, which by its name or number the Days is equal, from which the deadline is to be counted. Absent that day in the Month, is the decisive final day in this month. 18.2 Any declarations to the other contracting party on the last day of Period (24 Clock) be received. 18.3 The Proprietor shall be entitled to claim against the contractor's own Offset claims. The contractor is not entitled to own Offset claims against claims of the Proprietor, unless The Proprietor is insolvent or the claim of the contractor's judicially established or acknowledged by the Proprietor. 18.4 In the case of gaps the relevant statutory provisions. |
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