General Terms and Conditions
§ 1 Scope
1. General Terms and Conditions of Jagerwirt rooms GmbH (hereinafter referred to as “GTCJR 2022”).
2. The GTCJR 2022 do not exclude special agreements. The GTCJR 2022 are subordinate to agreements that are made on an individual basis.
§ 2 Definition of terms
§ 2.1 Definition of terms:
- “Accommodation provider”: A natural or legal person who provides accommodation for guests for a fee.
- “Guest”: A natural person who makes use of the accommodation. The guest is usually also the contractual partner. The term “guest” also applies to those people who arrive accompanying the contractual partner (such as family members, friends etc.).
- “Contractual partner”: A natural or legal person from Austria or abroad who concludes an contract for accommodation as a guest or on behalf of a guest.
- “Consumer” and “business owner”: The terms are to be understood within the meaning of the consumer protection law 1979, as amended.
- “Contract of accommodation”: The contract concluded between the accommodation provider and the contractual partner whose content is regulated in detail below.
§ 3 Conclusion of the contract – Deposit
- 1. The contract for accommodation comes into being when the contractual partner’s booking request is accepted by the accommodation provider. Electronic statements are considered to be received if the party for which they are intended can display these under normal circumstances, and they are accessed during the accommodation provider’s announced business hours.
- 2. The accommodation provider is entitled to conclude the contract for accommodation on the condition that the contractual partner pays a deposit. In this case, the accommodation provider is obliged to inform the contractual partner about the required deposit before accepting the written or verbal order from the contractual partner. If the contractual partner agrees to the deposit (either in writing or verbally), the contract for accommodation shall enter into being when the accommodation provider receives the declaration of consent to the payment of the deposit from the contractual partner.
- 3. The contractual partner is obliged to pay the deposit at the latest 7 days (received by the accommodation provider) before the accommodation is provided. The costs of the financial transaction (such as transfer charges) are to be paid by the contractual partner. The individual conditions of the card companies shall apply to credit and debit cards.
- 4. The deposit is a partial payment of the agreed fee.
§ 4 Start and end of the accommodation
- 1. The contractual partner has the right to occupy the rented rooms from 3.00 p.m. of the agreed day (“arrival date”), unless the accommodation provider offers a different occupancy time.
- 2. If the guest does not check in before 6.00 a.m., the previous night counts as the first overnight stay.
- 3. The rented rooms are to be vacated by the contractual partner by 11.00 a.m. on the day of departure. The accommodation provider is entitled to invoice for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the contract for accommodation – Cancellation fees
Withdrawal by the accommodation provider
- 1. If the contract for accommodation requires a deposit, and if the contractual partner does not pay the deposit on time, the accommodation provider can withdraw from the contract for accommodation without prior notice.
- 2. If the guest does not appear by 6.00 p.m. of the agreed arrival date, there is no obligation to provide accommodation unless a later arrival time was agreed beforehand.
- 3. If the contractual partner has paid a deposit (see Section 3.3), the rooms shall remain reserved until 12.00 p.m. of the day following the agreed arrival date. If advance payment was made more than four days in advance, the obligation to provide accommodation ends from 6.00 p.m. of the fourth day, where the arrival date is counted as the first day, unless the guest announces a later arrival date.
- 4. With at least 3 months before the contractual partner’s agreed arrival date, the contract for accommodation can be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration, unless agreed otherwise.
Withdrawal by the contractual partner – Cancellation fees
- 5. Up to 3 months before the guest’s agreed arrival date, the contract for accommodation can be terminated by the contractual partner by means of a unilateral declaration without incurring any cancellation fees.
- 6. Outside of the period defined in Section 5.5., the contractual partner may withdraw from the contract by means of a unilateral declaration, and will incur the following cancellation fees:
– Up to 1 month before the arrival date, 40% of the total package price;
– Up to 1 week before the arrival date, 70% of the total package price;
– In the final week before the arrival date, 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 arrivals
- 7. If the contractual partner is not able to arrive at the accommodation establishment on the arrival date due to unforeseen exceptional circumstances (e.g. extreme snowfall, floods etc.), the contractual partner is not obliged to pay the agreed fee for the arrival date.
- 8. The obligation to pay for the agreed booking will resume when travel becomes possible again, if this occurs within three days.
§ 6 Provision of replacement accommodation
1. The accommodation provider can provide the contractual partner or guests with adequate replacement accommodation (of the same quality) if this is reasonable to the contractual partner, especially if the difference is slight and is objectively justified.
2. Objective justification is given if the room(s) have become unusable, if guests who already staying there extend their stay, if the rooms have been overbooked, or if other operational measures require this step.
3. Any extra expenses incurred for the substitute accommodation shall be paid by the accommodation provider.
§ 7 Rights of the contractual partner
7.1 Through the conclusion of a contract for accommodation, the contractual partner acquires the right to the usual use of the rented rooms and the facilities of the accommodation establishment that are accessible to guests for use in the usual way and without special conditions. The contractual partner shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the contractual partner
- 1. The contractual partner is obligated to pay the agreed fee plus any additional amounts that are incurred by them or any guests accompanying them for the separate use of services, plus statutory VAT, by the time they depart at the latest.
- 2. The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, they will be accepted as payment as far as possible in accordance with the daily exchange rate. If the accommodation provider should accept foreign currencies or cashless means of payment, the contractual partner shall pay for all costs associated with this such as any enquiries with credit card companies,
- 3. The contractual partner is liable vis-à-vis the accommodation provider for any damage caused by themselves, the guest or other persons who accept the services of the accommodation provider, with the knowledge or intention of the contractual partner.
§ 9 Rights of the accommodation provider
- 1. If the contractual partner refuses to pay or is in arrears with the agreed fee, the accommodation provider 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 to retain items belonging to the contractual partner or guest in accordance with § 1101 Austrian Civil Code. This right of retention is also the property of the accommoda-
tion provider in order to secure their claims under the contract for accommodation, particularly for boarding, other expenses incurred for the contractual partner, and for any kind of claims for compensation.
- 2. If the service is required in the contractual partner’s rooms or at unusual times (after 8.00 p.m. and before 6.00 a.m.), the accommodation provider is entitled to charge a special supplement for this service. This special supplement must, however, be indicated on the price list for the room. The accommodation provider can also refuse these services for business reasons.
- 3. The accommodation provider is entitled to create an invoice and/or interim invoice for its services at any time.
§ 10 Obligations of the accommodation provider
- 1. The accommodation provider is obliged to provide the agreed services to an extent that complies with its standards.
- 2. Special services of the accommodation provider that must be indicated, and which are not included in the accommodation price, include for example:
a) Extra accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garaging, etc.;
b) A reduced price shall be charged for the provision of additional beds or cots.
§ 11 Liability of the accommodation provider for damages to items brought in to the accommodation
- 1. In accordance with Sections 970 ff. of the Austrian Civil Code, the accommodation provider is liable for items brought in by the contractual partner. The accommodation provider is liable only if the items were handed over to the accommodation provider, or to people authorised by the accommodation provider, or were taken to a place indicated by them, or intended for this. If the accommodation provider is unable to provide proof, the accommodation provider is liable for their own culpable actions and for the culpable actions of their personnel as well as of incoming and outgoing persons. In accordance with Section 970 Par. 1 of the Austrian Civil Code, the accommodation provider will at most be liable up to the amount determined in the Federal Law of 16 November 1921, as amended, governing the liability of innkeepers and other business owners. If the contractual partner or the guest does not immediately comply with the request of the accommodation provider to store their items in a particular storage location, then the accommodation provider is exempt from any liability. The amount of any liability of the accommodation provider shall be limited to a maximum of the covered sum of the accommodation provider’s liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.
- 2. The accommodation provider’s liability for slight negligence is excluded. If the contractual partner is a business owner, the liability for gross negligence is also excluded. In this case the contractual partner will carry the burden of proof for the existence of any fault. Any consequential or consequential damage or loss of profits will not be replaced.
- 3. The accommodation provider shall only be liable for valuables, money and securities up to an amount of currently €550. The accommodation provider is only liable for damages over and above this amount where the accommodation provider has accepted these items into their safekeeping, in full knowledge of their value, or where the damages were caused by the accommodation provider or one of their employees. The limitation of liability applies in accordance with Sections 12.1 and 12.2 correspondingly.
- 4. The accommodation provider may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodation establishment.
- 5. Liability for the safekeeping assumed shall in any case be excluded, if the contractual partner and/or guest fail to notify the accommodation provider immediately after they have become aware of the damage. Claims must be asserted by the contractual partner or guest before a court of law within three years from becoming aware of them, or from the time when the contractual partner or guest could reasonably be expected to become aware of them, otherwise the right will expire.
§ 12 Limitations of liability
- 1. With the exception of bodily injury, if the contracting partner is a consumer, the accommodation provider may not be held liable for slight negligence.
- 2. If the contractual partner is a business owner, the accommodation provider’s liability for slight and gross negligence is excluded. In this case the contractual partner will carry the burden of proof for the existence of any fault. No reimbursement will be made for any consequential, intangible or indirect damage or for any loss of profit. The damage to be compensated shall in any case have its limits in the amount of negative interest.
§ 13 Animals
- 1. Animals may be brought into the accommodation establishment only with the prior consent of the accommodation provider and for an extra fee.
- 2. The contractual partner bringing a pet into the accommodation establishment shall undertake to keep or supervise the pet properly for the duration of the stay, or have the pet kept or supervised by an appropriate third party.
- 3. The contractual partner or guest bringing an animal into the accommodation shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Proof of appropriate insurance is to be rendered at the accommodation provider’s request.
- 4. The contractual partner or their insurer is liable to the accommodation provider for any damage caused by the animals accompanying them. Such damage shall particularly also include any compensation to be paid by the accommodation provider to third parties
- 5. Animals are not be permitted to enter the lounges, salons, restaurants and wellness areas.
§ 14 Extension of the accommodation
- 1. The contractual partner is not entitled to an extension of their stay. If the contractual party expresses their desire to extend their stay in good time, the accommodation provider may agree to an extension of the contract for accommodation. The accommodation provider has no obligation to do so.
- 2. If the contractual partner is unable to leave the accommodation establishment on the departure day, because all options for leaving are unavailable or not usable due to unforeseen circumstances (e.g extreme snow fall, flooding etc.), then the contract for accommodation shall be extended for the duration of the period where departure is impossible. A price reduction
for this period is at best possible if the contractual partner is not able to make full use of the services offered by the accommodation establishment as a result of exceptional weather conditions. The accommodation provider is entitled to ask for a fee that is at least consistent with the price usually invoiced during off-peak seasons.
§ 15 Termination of the contract for accommodation – Premature termination
- 1. If the contract for accommodation has been concluded for a limited period of time, it shall end upon expiry of that period.
- 2. If the contractual partner leaves prematurely, the accommodation provider shall be entitled to charge the full fee that was agreed. The accommodation provider will deduct what they have saved as a result of the non-use of their services, or what they have received through the other rented accommodation. Savings may be deemed as such if the accommodation establishment at the time
of vacation has been booked fully and the rooms can be rented to other guests because of cancellation on the part of the contractual partner. The burden of proof lies with the contractual partner.
- 3. The contract with the accommodation provider ends upon the death of a guest.
- 4. If the contract for accommodation has been concluded for an indefinite period, the contractual partners may terminate the contract by 10.00 a.m. on the third day before the intended contractual end date.
- 5. The accommodation provider is entitled to terminate the contract for accommodation with immediate effect for an important reason, especially if the contractual partner or the guest
a) makes considerable detrimental use of the rooms, or if the guest’s ruthless, objectionable or otherwise grossly improper behaviour makes their stay unbearable for other guests, the owner, their employees or third parties residing within the accommodation establishment through inconsiderate, offensive or otherwise inappropriate behaviour against property, morality or physical safety
b) suffers from a contagious disease or a disease, the duration of which exceeds the term of accommodation or is otherwise in need of medical care
c) fails to settle the presented invoices when they become payable within a reasonable period (3 days).
- 6. If fulfilment of the contract is rendered impossible by an event classified as force majeure (such as an act of God, strike, lockout, official orders etc.), the accommodation provider can terminate the contract for accommodation at any time without notice, provided the contract does not already apply as terminated according to the law, or the accommodation provider is freed from its accommodation obligation. Any claims for damages etc. by the contractual partner are excluded.
§ 16 Illness or death of the guest
- 1. If a guest becomes ill during their stay in the accommodation establishment, the accommodation provider will arrange for medical care at the guest’s request. Where danger is imminent, the accommodation provider will procure medical assistance whether or not the guest has requested them to do so, especially in cases of medical emergency when the guest is not in the position to do so themselves.
- 2. As long as the guest is not able to make decisions, or it is not possible to contact the guest’s next of kin, the accommodation provider will arrange for medical care at the guest’s expense. However, the extent of these care measures shall end as soon as the guest is able to make decisions, or their family members have been informed about the case of illness.
- 3. The accommodation provider is entitled to claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successor for the following costs:
a) Unpaid medical costs, costs for ambulance service, medication and medical aids
b) Any room disinfections that have become necessary
c) Any laundry, bed linen and bedding which has become unusable, or otherwise the disinfection or thorough cleaning of all of these items,
d) Repairs to walls, fixtures and fittings, carpets etc. if they have become contaminated or damaged as a result of the sickness or death
e) Compensation for the room hire where the rooms have been occupied by the guest, including extra days where the room is temporarily unusable as the result of disinfection, cleaning or similar
f) Any other damages incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and applicable law
- 1. The place of performance is the place where the accommodation establishment is located.
- 2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules governing international private law (especially IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
- 3. The exclusive court of jurisdiction in transactions between two businesses is the accommodation provider’s headquarters, where the accommodation provider is further entitled to assert its rights at any other local court and a court competent.
- 4. If the contract for accommodation was concluded with a contractual partner who is a consumer and whose place of residence or habitual residence is in Austria, complaints can be brought against the consumer solely at their place of residence, habitual residence, or at the consumer’s place of employment.
- 5. If the contract for accommodation was concluded with a contractual partner that is a consumer, and whose place of residence is in a member country of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the local and competent court with jurisdiction for the consumer’s place of residence is exclusively responsible for complaints brought against the consumer.
§ 18 Miscellaneous
- 1. Unless specified otherwise in the provisions above, the time period shall begin with the delivery of the document outlining the time limit to the contractual partner who has to comply with the time limit. When calculating a time limit that is determined according to days, the day on which the time or event falls, after which the time limit should start, is not included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If this date does not occur in that month, the deadline is the last day of this month.
- 2. Declarations must be received by the other contractual partner on the last day of the time limit (at midnight).
- 3. The accommodation provider is entitled to offset the contractual partner’s claims with its own claims. The contractual partner is not entitled to offset the accommodation provider’s claims with its own claims unless the accommodation provider is insolvent or the contractual partner’s claim is determined by a court or recognised by the accommodation provider.
- 4. In the event of any loopholes, the corresponding statutory provisions shall apply.