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    General Terms and Conditions
    for the Hotel Industry

    § 1 Scope of application

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

    § 2 Definitions

    2.1 Definitions of terms:
    "Host": means a natural or legal person who accommodates guests for remuneration.
    "Guest": is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Guests are also persons who travel with the contracting party (e.g. family members, friends, etc.).
    "Party": means a natural or legal person, domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.
    "Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
    "Accommodation Agreement": 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

    The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the Proprietor's announced business hours.
    3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, 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 concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.
    3.3 The Party shall pay the down payment no later than 7 days (receipt) prior to the accommodation. The Party shall bear the costs of the money transaction (e.g. transfer charges). For credit and debit cards, the respective terms and conditions of the card companies shall apply.
    3.4 The deposit 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 be entitled to occupy the rented rooms from 4.00 p.m. on the agreed day ("day of arrival").
    4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
    4.3 The rented rooms shall be vacated by the Party by
    12.00 on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.

    § 5 Withdrawal from the accommodation contract - cancellation fee

    The Cancellation Policy replaces the right of withdrawal under the EU's Smokers' Rights Directive.

    Rücktritt durch den Beherberger
    5.1 Sieht der Beherbergungsvertrag eine Anzahlung vor und wurde die Anzahlung vom Vertragspartner nicht fristgerecht geleistet, kann der Beherberger ohne Nachfrist vom Beherbergungsvertrag zurücktreten.
    5.2 Falls der Gast bis 18.00 Uhr des vereinbarten Ankunftstages nicht erscheint, besteht keine Beherbergungspflicht, es sei denn, dass ein späterer Ankunftszeitpunkt vereinbart wurde.
    5.3 Hat der Vertragspartner eine Anzahlung (siehe 3.3) geleistet, so bleiben dagegen die Räumlichkeiten bis spätestens 12.00 Uhr des dem vereinbarten Ankunftstages folgenden Tag reserviert. Bei Vorauszahlung von mehr als vier Tagen, endet die Beherbergungspflicht ab 18 Uhr des vierten Tages, wobei der Ankunftstag als erster Tag gerechnet wird, es sei denn, der Gast gibt einen späteren Ankunftstag bekannt.
    5.4 Bis spätestens 3 Monate vor dem vereinbarten Ankunftstag des Vertragspartners kann der Beherbergungsvertrag durch den Beherberger, aus sachlich gerechtfertigten Gründen, es sei denn, es wurde etwas anderes vereinbart, durch einseitige Erklärung aufgelöst werden.

    Rücktritt durch den Vertragspartner – Stornogebühr
    5.5 Bis spätestens 3 Monate vor dem vereinbarten Ankunftstag des Gastes kann der Beherbergungsvertrag ohne Entrichtung einer Stornogebühr durch einseitige Erklärung durch den Vertragspartner aufgelöst werden.
    5.6 Außerhalb des im § 5.5. festgelegten Zeitraums ist ein Rücktritt durch einseitige Erklärung des Vertragspartners nur unter Entrichtung folgender Stornogebühren möglich:

    - bis 1 Monat gratis; bis 2 Wochen vor dem Ankunftstag 40 % vom gesamten Arrangementpreis;  
    - bis 1 Woche vor dem Ankunftstag 70 % vom gesamten Arrangementpreis;  
    - in der letzten Woche vor dem Ankunftstag 90 % vom gesamten Arrangementpreis. Nichtanreise und vorzeitige Abreise 100%

    ALMGUT Reiserücktrittsversicherung
    Du kannst direkt über uns eine Reiserücktrittsversicherung abschließen. Hier berechnen wir € 12,- pro Person und gebuchtem Urlaubstag. Solltest du deinen Urlaub aufgrund eines reiserücktrittswürdigen Grundes nicht antreten können, erhältst du deine geleistete Anzahlung abzüglich der Reiserücktrittsversicherungsprämie zurück.
    Geltende reiserücktrittswürdige Gründe:
    1. Erkrankung der versicherten Person oder eines direkten Familienangehörigen (Bestätigung durch ein ärztliches Attest)
    2. Unfall der versicherten Person oder eines direkten Familienangehörigen
    3. Todesfall der versicherten Person oder eines direkten Familienangehörigen
    4. Schaden am Eigentum durch Feuer, Explosion, Sturm, Hochwasser, Erdbeben, Wasserrohrbruch oder Einbruch
    5. Naturkatastrophenbedingte Anreiseverhinderung

    Behinderungen der Anreise
    5.7 Kann der Vertragspartner am Tag der Anreise nicht im Beherbergungsbetrieb erscheinen, weil durch unvorhersehbare außergewöhnliche Umstände (zB extremer Schneefall, Hochwasser etc) sämtliche Anreisemöglichkeiten unmöglich sind, ist der Vertragspartner nicht verpflichtet, das vereinbarte Entgelt für die Tage der Anreise zu bezahlen.
    5.8 Die Entgeltzahlungspflicht für den gebuchten Aufenthalt lebt ab Anreisemöglichkeit wieder auf, wenn die Anreise innerhalb von drei Tagen wieder möglich wird.

    § 6 Provision of substitute 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 deviation is minor and objectively justified.
    6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
    6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

    § 7 Rights of the contracting party

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

    § 8 Duties of the Contractual Partner

    8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to separate use of services by the Party and/or the accompanying guests plus statutory VAT no later than at the time of departure.
    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 exchange rate of the day, if possible. Should the Proprietor accept foreign currencies or cashless means of payment, the Party shall bear all related costs, such as enquiries 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 any other persons who accept the Proprietor's services 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 therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
    9.2 If the service is requested in the Party's room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for this. However, this extra charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.
    9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.

    § 10 Duties of the Proprietor

    10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
    10.2 Special services of the Proprietor which are not included in the accommodation fee and which are subject to a charge are exemplary:
    a) special accommodation services which may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.;
    b) a reduced price shall be charged for the provision of additional beds or children's beds.

    § 11 Liability of the Proprietor for Damage to Items Brought into the Accommodation

    11.1 The Proprietor shall be liable pursuant to Sections 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 have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or the fault of his staff as well as of the persons leaving and arriving. Pursuant to § 970 para. 1 ABGB (Austrian Civil Code), the accommodation provider shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, 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 Proprietor. Any fault 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 shall also be excluded for gross negligence. 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 shall not be compensated under any circumstances.
    11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding the aforementioned amount in the event that the Proprietor has taken over such items for safekeeping with knowledge of their condition or in the event that the damage was caused by the Proprietor himself or one of his staff. The limitation of liability according to 12.1 and 12.2 shall apply mutatis mutandis.
    11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are considerably more valuable than the items usually given into safekeeping by the Guests of the accommodating establishment concerned.
    11.5 In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred upon becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.

    § 12 Limitations of liability

    12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
    12.2 If the Party is an Entrepreneur, the Proprietor shall not be liable for slight and gross negligence. In such 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 compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest. 

    § 13 Animal husbandry

    13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and, if applicable, against special remuneration.
    13.2 The Party bringing an animal shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its own expense.
    13.3 The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
    13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation payments to be made by the Proprietor to third parties.
    13.5 Animals shall not be allowed in the lounges, public rooms, restaurant rooms and wellness areas.

    § 14 Extension of the accommodation

    14.1 The Party shall not be entitled to have its stay extended. If the Party gives notice of its wish to extend the stay in due time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall not be obliged to do so.
    14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.

    § 15 Termination of the Accommodation Agreement - Early Termination

    15.1 If the Accommodation Agreement was concluded for a fixed term, 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. The Proprietor shall deduct what it has saved as a result of the non-utilisation of its service offer or what it has obtained by letting the booked rooms to other parties. A saving shall only be deemed to exist if the accommodation provider is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
    15.3 The death of a Guest shall terminate the Agreement with the Proprietor.
    15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement until 10.00 a.m. of the third day before 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 Party or the Guest
    a) makes considerably detrimental use of the premises or, by his inconsiderate, offensive or otherwise grossly improper conduct, makes living together unpleasant for the other Guests, the Owner, his staff or third parties residing in the accommodating establishment or is guilty of a punishable offence against property, morality or physical safety towards these persons;
    b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care;
    c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
    15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.

    § 16 Illness or death of the guest

    16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care upon the Guest's request. If there is imminent danger, the Proprietor shall arrange for medical care even without the specific request of the Guest, in particular if this is necessary and the Guest is not able to do so himself/herself.
    16.2 As long as the Guest is not able to make decisions or the relatives of the Guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the Guest. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of 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, in particular for the following costs:
    a) outstanding medical expenses, costs for ambulance transport, medicines and remedies b) room disinfection that has become necessary, c) linen, bed linen and bed furnishings that have become unusable, others.
    if for disinfection or thorough cleaning of all these items,
    d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,
    e) room rent, insofar as the room was occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
    f) any other damages incurred by the accommodation provider.

    § 17 Place of performance, 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 exclusion of the rules of private international law (esp. IPRG and the Rome Convention) 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 registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
    17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.
    17.5 If the Accommodation Agreement was concluded with a Party who is a consumer and has his or her place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with exclusive local and subject-matter jurisdiction for the place of residence of the consumer shall have jurisdiction for actions against the consumer.

    § 18 Miscellaneous

    18.1 Unless the above provisions provide otherwise, a time limit shall begin to run upon delivery of the document setting the time limit to the contracting parties who must observe the time limit. If a time limit is calculated on the basis of days, the day on which the point in time or the event falls according to which the start of the time limit is to be determined shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month is decisive.
    18.2 Declarations shall be received by the other Party on the last day of the term (midnight).
    18.3 The Proprietor shall be entitled to set off its own claims against the Party's claims. 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 determined by a court or recognised by the Proprietor.
    18.4 In the event of any loopholes, the relevant statutory provisions shall apply.

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