Impressum

Holiday Austria
info@holidayaustria.info
www.holidayaustria.info
0043 664 413 13 25 / 0043 676 657 11 66

CO: Ingrid Boutique
Thumersbacher Strasse 43
5700 Zell am See, Österreich
Authority gem. ECG: Bezirkshauptmannschaft Zell am See
AT – U62511525

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AGBs – General terms of business

§ 1 Execution of the agreement – Down payment

Legal information about bookings and cancelation

1.1. The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the
published business hours of the Proprietor.

1.2. The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.

1.3. The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company..

1.4. The down payment shall be deemed an installment of the agreed remuneration.

§ 2 Start and end of accommodation

2.1. Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).

2.2. The rented rooms shall be vacated by the Party by 10.00 noon on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.

§ 3 Rescission of the Accommodation Agreement – Cancellation fee

Rescission by the Proprietor

3.1. If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.

3.2. If the Guest fails to arrive by 8.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.

3.3. If the Party has made a down payment (see 1.3), the rooms shall be deemed reserved until 10.00 noon on the day following the date of arrival at the latest.

3.4.Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.

Rescission by the Party – Cancellation fee

3.5. The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee, except a unique processing fee of 60 Euros.

3.6. Outside the period specified in § 3.5., the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

– 40% of the total agreed price by 1 month before the date of arrival;
– 70% of the total agreed price by 1 week before the date of arrival;
– 90% of the total agreed price within the last week preceding the date of arrival.

3 months or more 3 month to
1 month
1 month to
1 week
Up to 1 week
No cancelation fee, except
60 € processing fee
40% 70% 90%

§ 4 Prevention from arrival

4.1. I If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.

4.2. obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

§ 5 Provision of substitute accommodation

5.1. The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.

5.2. An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.

5.3. Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.

§ 6 Rights of the Party

6.1. By entering into an Accommodation Agreement, the Party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).

6.2. In the case of impairment of performance it is compulsory for the occupants to contribute in the coverage within the legal regulations, or to avoid or reduce eventual damages. The guests can be made responsible for defects.

6.3. The Proprietor has an adequate time to repair the eventual damages. In the case of damages declared at a later time, eventual compensation claims or reductions will not be accepted.

§ 7 Obligations of the Party

7.1. The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
7.2. The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
7.3. The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.

§ 8 Rights of the Proprietor

8.1. If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.

§ 9 Obligations of the Landlord

9.1. The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.

9.2. Extra services of the Proprietor that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include:
a) Extra accommodation services that may be invoiced separately, such as
the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.;
b) A reduced price shall be charged for the provision of additional beds or
cribs.

§ 10 Keeping of animals

10.1. Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and against extra remuneration..

10.2. The Party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.

10.3. The Party and/or Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Proprietor upon request.

§ 11 Prolongation of the accommodation

11.1. The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.
11.2. If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.

§ 12 Termination of the Accommodation Agreement – Early cancellation

12.1.If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.

12.2. If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.

12.3.Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.

12.4.If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.

12.5.The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest
a) makes significantly adverse use of the rooms or makes their stay intolerable
for the other guests, the owner, its vicarious agents or the third parties staying
at the accommodating establishment due to ruthless, offensive or other10
wise highly improper conduct or commits an act against property, morality
or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration of which exceeds
the term of accommodation or otherwise is in need of care;
c) fails to settle the presented invoices when they become payable within a reasonably set period (3 days).

12.6.. If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.

§ 13 Place of performance, place of jurisdiction and applicable law

13.1.The place of performance shall be the place where the accommodating establishment is situated.

13.2.These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.

13.3.Exclusive Court of law applicable is the mercantile location of the Proprietor, although the Proprietor has the right to use any other competent court of law.

We recommend the conclusion of cancellation insurance, for example the European Travel Insurance AG., more as a protection in case of cancellation (not deductible) for your holiday in Austria. Information under Versicherungsabschluss für den Österreichurlaub

These legal references rest on the specification from the Hotel and Restaurant Association e.V.
e.V.

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