Terms and conditions
PERTAINING TO ACCOMMODATIONS PROVIDED BY OBERJÄGER IMMO GMBH
§ 1 Legal Scope
1.1 These Terms & Conditions pertain to the provision of accommodations by Zum Oberjäger Immo GmbH.
1.2 Any terms of business on the part of the Guest – the standard designation herein for the Contractual Partner (orderer / guest /organizer/ etc.) – do not constitute any part of the contractual content at hand, unless otherwise expressly stipulated.
§ 2 Definition of Terms
2.1 Definition of Terms:
“Lodging Provider”: is a natural or legal person who lodges guests subject to remuneration.
“Guest”: is a natural person who avails him-/herself of lodgings. In general, the Guest is simultaneously the Contractual Partner. Guests are also considered to be those persons who arrive with the actual Contractual Partner (e.g. family members, friends etc.).
“Contractual Partner”: is a natural or legal person, either foreign or domestic, who enters into a lodging contract either as the Guest or on behalf of the Guest.
“Consumer” and “Business”: These terms shall be understood consistent with the Austrian Consumer Protection Act 1979 in its most current form.
“Lodging Contract”: is the agreement entered into between the Lodging Provider and the Contractual Partner, the substance of which is further detailed below.
§ 3 Conclusion of Contract – Deposit
3.1 The Lodging Contract is achieved through acceptance of the order submitted by the Contractual Partner by the Lodging Provider. Electronic declarations are deemed to have been delivered if the party for whom they were intended might reasonably be expected to have received them under normal circumstances and during the Lodging Provider’s customary hours of business.
3.2 The Lodging Provider is entitled to enter into the Lodging Contract under the condition that the Contractual Partner submits a deposit. In such a case, the Lodging Provider is required, prior to acceptance of the written or oral order from the Contractual Partner, to draw the Contractual Partner’s attention to the required deposit. If the Contractual Partner expresses his/her agreement with said deposit (either in writing or orally), the Lodging Contract shall be concluded upon delivery of the Contractual Partner’s declaration to the Lodging Provider expressing agreement to payment of the deposit.
3.3 The Contractual Partner is required to pay the deposit no later than 7 days prior (receipt) to the date upon which the actual lodging will commence. The costs for the financial transaction (e.g. transfer fees) will be borne by the Contractual Partner. For transactions involving credit or debit cards, the respective conditions of the credit card companies shall apply.
3.4 The deposit is a partial payment of the agreed-upon total remuneration for the stay.
§ 4 Beginning and end of the lodging period
4.1 The Contractual Partner has the right, insofar as the Lodging Provider does not offer a different check-in time, to check into the rooms s/he has rented after 4 PM of the stipulated day (“arrival day”).
4.2 If a room is first occupied prior to 6 o’clock in the morning, the previous night is considered to be the first night of occupancy.
4.3 The Contractual Partner shall vacate the rented rooms by 11 AM on the stipulated departure date. The Lodging Provider is entitled to bill an additional day if the rented rooms have not been vacated by the aforementioned time.
§ 5 Rescission of the Lodging Contract – Cancellation Charges – Rescission by the Lodging Provider
5.1 If the Lodging Contract requires a deposit and if said deposit has not been paid by the Contractual Partner in a timely manner, the Lodging Provider may rescind the Lodging Contract without further notice.
5.2 If the Guest does not appear by 6 PM of the stipulated arrival date, no Lodging Contract will exist, other than if a later arrival time has been agreed upon.
5.3 If, however, the Contractual Partner has paid the deposit (see 3.3), the accommodations will remain reserved until no later than 12 noon of the day following the stipulated arrival date. If a deposit has been made for more than 4 days, the accommodation obligation terminates as of 6 PM on the 4th day, with the arrival day considered to be the first day, other than if the Guest has provided notification of a later arrival date.
5.4 Up to no later than 3 months prior to the stipulated arrival date of the Contractual Partner, the Lodging Contract may be dissolved by unilateral declaration on the part of the Lodging Provider for factually justifiable reasons, other than if other arrangements have been agreed.
Rescission by the Contractual Partner – Cancellation Fees
5.5 Up to no later than 3 months prior to the stipulated arrival date of the Guest, the Lodging Contract may be dissolved by unilateral declaration on the part of the Contractual Partner without payment of a cancellation fee.
5.6 Outside of the time frame stipulated in § 5.5, rescission by the Contractual Partner by means of unilateral declaration is only possible pursuant to payment of the following cancellation fees:
- 14-7 days prior to arrival - no fee
- 7-2 days prior to arrival - 75% of the total cost of the stay
- Within 48 hours of arrival - 100% of the total cost of the stay
- 100% of the total cost of the stay
- Special services associated with accommodations, which may be billed separately, for the provision of salons, sauna, indoor pool, outdoor pool, tanning studio, garage parking etc.;
- A discounted price is charged for provision of rollaway beds or cribs/cots for children.
- A Guest who makes significantly detrimental use of the accommodations or a Guest whose inconsiderate, offensive or grossly inappropriate behavior spoils the stay of other guests, of the owner, the owners’ own people or other third-parties who are staying in the lodging establishment, or who is guilty of a punishable act against the property, morals or physical safety of said persons;
- Who is afflicted by a contagious illness or an illness that extends beyond the actual duration of the lodging period, or is otherwise in need of care;
- Who does not make punctual payment of bills when they become due pursuant to a reasonable grace period (3 days).
- Open medical costs, costs for patient transportation, medications and therapeutic measures
- Room disinfection as necessary,
- No longer usable linens, bedding and bed furnishings, otherwise for the disinfection or thorough cleaning of all said objects,
- Restoration of walls, furnishings, carpets etc. which were either contaminated or damaged within the context of the illness or fatality,
- Room rental, insofar as the accommodations were utilized by the Guest plus any potential additional days when the accommodations could not be used due to disinfection, item removal, etc.,
- Any other miscellaneous damage to which the Lodging Provider was subjected.
Hindrances to Arrival
5.7 If the Contractual Partner is unable to appear at the lodging establishment on the scheduled arrival day due to extraordinary unforeseeable circumstances (e.g. extreme snowfall, flooding etc.) which make all arrival opportunities impossible, the Contractual Partner is not obligated to pay the previously stipulated remuneration for the arrival days affected.
5.8 The payment obligation for the booked stay recommences if arrival again becomes possible within a period of 3 days.
§ 6 Provision of Alternate Accommodations
6.1 The Lodging Provider may provide the Contractual Partner and/or Guests with adequate alternate accommodations (of the same quality) if this is reasonable with respect to the Contractual Partner, especially if any discrepancy is minimal and factually justified.
6.2 A factual justification exists, for example, if the room (rooms) has (have) become unusable, guests who are already accommodated in the aforementioned room (rooms) have extended their stay, accommodations have been overbooked or other important operational considerations make the step necessary.
6.3 Any and all additional expenses relating to the alternate accommodations are at the expense of the Lodging Provider.
§ 7 Rights of the Contractual Partner
7.1 By entering into the Lodging Contract, the Contractual Partner acquires the right to customary use of the rented room(s), the amenities of the lodging establishment which are customarily made available for guest use without special conditions, and to customary services. The Contractual Partner shall exercise his rights within the scope of any hotel and/or guest guidelines.
§ 8 Obligations of the Contractual Partner
8.1 The Contractual Partner is required, no later than at the moment of departure, to make the originally stipulated payment along with payment for any additional services which s/he and any accompanying guests having incurred as well as applicable value-added taxes.
8.2 The Lodging Provider is not obligated to accept foreign currency. If the Lodging Provider does accept foreign currency this will be accepted when feasible according to the exchange rate for the day in question. Should the Lodging Provider accept foreign currency or cashless forms of payment, the Contractual Partner shall bear all associated costs, for example inquiries to credit card companies, telegrams, etc.
8.3 The Contractual Partner is liable to the Lodging Provider for any damages caused by himself or the Guest or other persons who, with the knowledge and willingness of the Contractual Partner, avail themselves of the Lodging Provider’s services.
§ 9 Rights of the Lodging Provider
9.1 If the Contractual Partner denies payment of the required payment or is in arrears therewith, the Lodging Provider is entitled to assert their legal retention rights in accordance with § 970c ABGB as well as statutory rights of lien consistent with § 1101 ABGB with respect to the property of the Contractual Partner or Guest which they had introduced into the lodging establishment. Furthermore, this retention or lien right is also accorded to the Lodging Provider in order to secure claims pertaining to the lodging contract, in particular for board, other expenses incurred by the Contractual Partner and other claims for compensation of whatever nature.
9.2 If a particular service is requested in the actual room of the Contractual Partner or at extraordinary times of day (after 8 PM and before 6 AM), the Lodging Provider is entitled to demand special compensation. For operational reasons, the Lodging Provider may decline to offer such services.
9.3 The Lodging Provider has the right to bill services or issue an interim bill for services at any time.
§ 10 Obligations of the Lodging Provider
10.1 The Lodging Provider is required to provide the stipulated services to an extent which corresponds to their customary standards.
10.2 Special services provided by the Lodging Provider and not included as part of standard remuneration for lodgings may include:
- special services in association with the accommodations that may be billable separately, such as provision of salons, sauna, indoor pool, outdoor pool, tanning studio, garage parking etc.;
- discounted surcharge for provision of rollaway beds and/or cribs/cots.
§ 11 Liability of the Lodging Provider for Damages to Guest Property
11.1 The Lodging Provider is liable consistent with §§ 970 ff ABGB for the property which the Contractual Partner has brought with him/her. Liability on the part of the Lodging Provider only exists if the property was given into the safekeeping of the Lodging Provider or one of the Lodging Provider’s authorized persons , or if it had been brought to a location which the Lodging Provider had directed or to a location designated for such a purpose. Insofar as the Lodging Provider is unable to prove otherwise, the Lodging Provider is liable for his own fault or the fault of his people as well as persons who may have exited or exited his establishment. Consistent with § 970 par. 1 ABGB, the Lodging Provider is liable up to the maximum amount stipulated in the federal law dated 16 November 1921 in its most current form pertaining to liability of hosts and other businesses. If the Contractual Partner or Guest fails to accede immediately to the Lodging Providers request to leave his property in a designated storage location, the Lodging Provider is released from all liability. The amount of potential liability on the part of the Lodging Provider is capped by the amount of liability insurance held by the Lodging Provider. Any joint responsibility on the part of the Contractual Partner or Guest shall be taken into account.
11.2 Liability on the part of the Lodging Provider for slight negligence is excluded. If the Contractual Partner is a business, liability for gross negligence is also excluded. In this case, the Contractual Partner bears the burden of proof for consequential damages. Indirect damages as well as lost earnings shall not be compensated.
11.3 The Lodging Provider’s liability for valuables, money and securities is currently limited to an amount of €550. The Lodging Provider is only liable for higher damages if s/he accepted these items fully aware of the nature thereof, or in the instance that the damage was the result of his/her own or his/her own people’s culpability. Liability restrictions within the parameters of 12.1 and 12.2 shall apply correspondingly.
11.4 The Lodging Provider may refuse to safekeep valuables, money and securities if this involves items that are significantly more valuable than what guests of the accommodation establishment in question would usually hand over for safekeeping.
11.5 Whatever the circumstances of safekeeping, liability is excluded if the Contractual Partner and/or Guest fails to notify the Lodging Provider immediately upon becoming aware of the damage which has occurred. Furthermore, such legal claims must be made within 3 years of the Contractual Partner or Guest having become aware or potentially becoming aware of said damage; otherwise the aforementioned rights shall lapse.
§ 12 Liability Limitations
12.1 If the Contractual Partner is a consumer, liability on the part of the Lodging Provider is excluded for slight negligence with the exception of personal injury.
12.2 If the Contractual Partner is a business, liability on the part of the Lodging Provider for slight as well as gross negligence is excluded. In this case, the Contractual Partner bears the burden of proof. Consequential damages, intangible damages or indirect damages are not compensated. Any compensation will be limited by the extent of interest the injured party had in the existence of the contract.
§ 13 Pets
13.1 Pets may only be introduced into the lodging establishment with the expressed prior consent of the Lodging Provider and subject to special compensation.
13.2 The Contractual Partner/Guest who brings a pet with him/her is required to safekeep and/or oversee the animal, or to assure its safekeeping and/or oversight by a third-party, to a customary extent and at his/her own expense.
13.3 The Contractual Partner/Guest who brings a pet with him/her is required to hold appropriate animal liability insurance or private liability insurance that covers any potential damages caused by animals. Proof of such insurance must be provided at the request of the Lodging Provider.
13.4 The Contractual Partner and his/her insurer are liable to the Lodging Provider jointly and severally for any damage the pet may cause. Damages will include, in particular, any replacement services which the Lodging Provider is compelled to provide to third-parties as a consequence.
13.5 Animals are not permitted in the salons, guest lounges, restaurants or wellness areas.
§ 14 Extension of the Accommodation Period
14.1 The Contractual Partner has no right to extend his stay. If the Contractual Partner announces his desire to extend his stay, the Lodging Provider may agree to extend the Lodging Contract. Though the Lodging Provider is under no obligation to do so.
14.2 If the Contractual Partner is not able to leave the lodging establishment on the scheduled departure day due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.) which impair all forms of departure or make them unusable, the lodging contract will automatically be extended for as long as the impossibility continues. Any reduction in payment for the time period in question is only possible if the Contractual Partner is unable to avail himself in full of the services which are offered at the lodging establishment as a consequence of the extraordinary weather conditions. The Lodging Provider is entitled to seek at least the amount of remuneration equivalent to the standard price during low season.
§ 15 Termination of the Lodging Contract – Premature Dissolution
15.1 If the Lodging Contract was entered into for a specific time period, it terminates when that time period has expired.
15.2 If the Contractual Party departs prematurely, the Lodging Provider is entitled to demand compensation in full. The Lodging Provider will deduct any amounts saved due to the Guest’s failure to utilize services, or whatever amount he has received by renting out the accommodations which had been reserved to other guests. Savings are only at hand if the lodging establishment is fully booked at the time the Guest fails to avail him-/herself of his/her accommodations and those accommodations, due to the Contractual Partner’s cancellation, can indeed be rented out to other guests. The burden of proof with respect to savings is borne by the Contractual Partner.
15.3 The contract with the Lodging Provider terminates with the death of a guest.
15.4 If the lodging contract was entered into for an indefinite time period, the Contractual Parties may dissolve the contract by 10 AM of the 3rd day prior to the intended end of the contract.
15.5 The Lodging Provider is entitled to dissolve the lodging contract with immediate effect for pressing reasons, in particular if the Contractual Partner or Guest
- makes material adverse use of the accommodations, or if the aforementioned behaves in an inconsiderate, offensive or otherwise grossly inappropriate way that adversely impacts the comfort of other guests, the owner, his people or third-parties residing in the accommodation establishment, or if the aforementioned commits a potentially criminal act against the property, morals or physical safety of such persons;
- is afflicted by a contagious disease or an illness that extends beyond the lodging period, or otherwise becomes in need of care;
- fails to pay the bills with which they have been presented by the payment deadline, pursuant to a reasonable grace period (3 days).
15.6 If fulfillment of the contract becomes impossible due to an event that is deemed force majeure (e.g. act of nature, strike, lockout, governmental decree etc.), the Lodging Provider may dissolve the lodging contract at any time and without any obligation to abide by a notice period, insofar as the contract is not deemed to have already been dissolved according to the law, or the Lodging Provider has been released from his accommodation obligations. Potential claims for damages etc. on the part of the Contractual Partner are excluded.
§ 16 Illness or Death of the Guest
16.1 If the Guest becomes ill during his stay at the lodging establishment, at the request of the Guest the Lodging Provider will summon medical care. If there is imminent danger, the Lodging Provider will summon medical care, even not at the Guest’s direction, especially when it is vital to do so and the Guest is incapacitated.
16.2 For as long as the Guest is not in a position to make decisions or the relatives of the Guest cannot be contacted, the Lodging Provider will secure medical care at the expense of the Guest. The extent of these care measures ends, however, at the point in time when the Guest is able to make their own decisions or when family members have been notified of this medical incident.
16.3 The Lodging Provider may assert damage claims against the Contractual Partner and the Guest, or in the event of a fatality, against the legal heirs, in particular for the following costs:
- unpaid doctors’ bills, expenses associated with transportation of the sick person, medications as well as other therapeutic measures
- room disinfection as required,
- no longer usable linens, laundry, bedding and bed furnishings, or for the disinfection or thorough cleaning of such items,
- restoration of walls, furnishings, carpets etc. insofar as these have been soiled or damaged in association with the illness or fatality,
- room rental charges insofar as the accommodations were used by the guest, plus any additional days upon which the accommodations could not be used due to disinfection, clearing etc.,
- any and all other miscellaneous damages incurred by the Lodging Provider.
§ 17 Place of Fulfillment, Jurisdiction and Applicable Law
17.1 The place of fulfillment is the place where the lodging establishment is located.
17.2 This contract is subject to Austrian formal and substantial law under exclusion of international conflict of laws provisions (in particular the IPRG and EVÜ) as well as the UN Sales Convention.
17.3 In a bilateral commercial transaction, the exclusive jurisdiction is at the actual place of business of the Lodging Provider, whereas the Lodging Provider is also entitled to assert his rights through a competent court at any other location.
17.4 If the Lodging Contract was entered into with a contractual partner who is a consumer whose place of residence or customary place of residence is Austria, complaints against the consumer may only be brought at the consumer’s place of residence, his customary place of residence or at his place of employment.
17.5 If the Lodging Contract was entered into with a contractual partner who is a consumer whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the local competent court at the consumer’s residence shall have exclusive jurisdiction over complaints against the consumer.
§ 18 Miscellaneous
18.1 Insofar that the aforementioned provisions do not foresee otherwise, the commencement of a notice period begins with delivery of the correspondence stipulating the notice period to the Contractual Partner, who in turn is required to comply with the deadline. When calculating a deadline defined in terms of days, the day upon which a particular time or event falls from which the deadline is calculated, does not count. Deadlines in terms of weeks or months reference a day of the week or month – stipulated by name or number – from which the deadline is calculated. If this day in the month is absent, the day is considered to be the last day of the month.
18.2 Declarations must have been delivered to the respective contractual partner by the last day of the deadline (12 midnight).
18.3 The Lodging Provider is entitled to respond to any demands of the Contractual Partner with his own counterclaims. The Contractual Partner is not entitled to respond to the Lodging Provider’s demands with his own counterclaims, other than if the Lodging Provider is insolvent or the demand of the Contractual Partner has been ordered by the courts or if it has been formally accepted by the Lodging Provider.
18.4 In the event of any omissions within these provisions, applicable legal statutes will apply.