General conditions of accommodation of the host Landhotel Schützenhof family Franz and Petra Vogl OG,
hereinafter referred to as accommodation for short.
Contractual bases: The accommodation concludes contracts with the guest and provides services exclusively on the basis of the written offers made by the accommodation (e.g. in catalogs, folders or information on websites or on booking platforms, etc.), as well as the currently valid version of any included in the offer Descriptions of services (e.g. individual documents or general folders), price lists and these General Accommodation Conditions: These General Accommodation Conditions are the basis for all contracts concluded by the guest in the context of accommodation (e.g. consumption at the bar, souvenir shops, additional services such as massages, etc.) . Components of the contract on the part of the guest are not part of the accommodation contract.
Additional agreements: All forms of additional agreements, both before the conclusion of the contract and during the term of the contract, must be in writing in order to be valid. For entrepreneurs, this also applies to deviations from the written form requirement.
Procedure in the event of contradictions. In the event of contradictions between the offer, any descriptions of services (such as catalogs, folders or information on websites or booking platforms, etc.), any price lists and the general terms and conditions of the accommodation, these shall apply in the order mentioned. The more individual components therefore automatically change the more general components of the contract. In the event of contradictions between contractual elements of the accommodation and contractual elements of the guest, all contractual elements of the accommodation take precedence.
CONCLUSION OF CONTRACT
Offer by the accommodation: Offers of accommodation to the guest, e.g. in the form of an individual offer to the guest or a non-individualized offer such as a catalog or web shop or booking tool, are without exception subject to change and non-binding.
Offer by the guest: If the guest places an order (booking) on the basis of an offer or also unsolicited, i.e. without a previous offer of the accommodation, e.g. in the case of additional orders, the guest is an entrepreneur for two weeks or as a consumer for this one Week from its receipt at the accommodation.
Acceptance by the accommodation: The contract therefore only comes into being when the accommodation accepts the order. The acceptance must be made in writing, e.g. by booking confirmation, unless the accommodation indicates that the accommodation is accepting the order, e.g. by taking action on the basis of the order. A mere confirmation of receipt of the order (booking) does not constitute acceptance of the order.
SCOPE OF SERVICES AND ORDER PROCESSING OF THE CLIENT
Place of fulfillment for entrepreneurs: The place of fulfillment is the location of the accommodation in which the guest is or will be accommodated.
Scope of services: The scope of the services to be provided results from the written service description of the accommodation resulting from all parts of the contract. Information from other sources (e.g. websites or catalogs) not included in the offer is not part of the service description. The guest is obliged to check the service description for compliance with his requirements and for completeness. After the order has been placed (booking), changes to the service description are only mutually agreed.
Professional service: Unless otherwise provided in the written service description, the accommodation owes professional accommodation or professional execution of separately agreed additional services. Within the framework of the written description of services, the accommodation has freedom of design when performing the services, provided that there are several professional options for execution.
Exchangeable services: Insofar as this is in line with the objectives of the order, the accommodation is entitled to deviate from the service description and to replace services with other services of equal value.
External services: The accommodation is entitled to carry out the services itself or to use knowledgeable third parties to provide the services (external service).
Agreed external services: In the event that the provision of a service as an external service has been agreed with the guest (agreed external service), the contractual obligation consists exclusively of the provision of a third party. In the case of agreed third-party services, the accommodation is therefore only obliged to select someone else who provides the service on the basis of its own contract with the guest. The accommodation is entitled, at its own discretion, to commission the external service both in its own name or in the name of the guest and for its own account or for the account of the guest. If the accommodation concludes the contract in its own name and / or for its own account, this is done exclusively in the interests of the guest for the purpose of simplified contract and payment processing. The third party is therefore not involved in pursuing the interests of the accommodation and is therefore not included in the interest pursuit program of the accommodation and thus not included in the risk area of the accommodation. Regardless of the designation, excursions, fitness offers and massages, etc. are always agreed third-party services unless performed by the accommodation itself. The accommodation is therefore not obliged to provide the specific service in the case of agreed third-party services. Since the accommodation service consists exclusively of the provision of a third party, the guest is obliged to enter into the contract concluded by the accommodation with the third party for agreed third-party services at any time and to hold the accommodation harmless from this contractual relationship. Divisible services: In the case of divisible services, the accommodation is entitled to make partial deliveries.
REGULATIONS ON ACCOMMODATION AND ADDITIONAL SERVICES
Beginning and end of the accommodation: The guest is entitled to move into his room from 4 p.m. on the day of arrival and is obliged to vacate his room on the day of departure by 11 a.m. at the latest as part of the checkout. If the guest does not meet this obligation, the accommodation is entitled to invoice the following day – aliquot (1 day) to the fee already paid. If the guest does not appear by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation. The remuneration claim remains unaffected.
Children and adolescents. Children and young people up to the age of 16 are not allowed to stay overnight in the accommodation without being accompanied by a supervisor.
Subletting and re-letting, visits. The guest is not permitted to sublet and / or re-let. The guest is prohibited from receiving third parties in the accommodation without the prior express consent of the accommodation. In the event of a violation, the accommodation is entitled to charge the guest an accommodation fee – aliquot (1 day) to the fee already paid – according to the duration of the visitor’s presence.
Excursions, fitness offers and massages: The guest must inform the accommodation about any health problems before commissioning the additional service. The guest has to inform fellow travelers, if they use these services, that they will inform the accommodation of any health problems. Should the accommodation have doubts about the physical and psychological requirements of the guest or his fellow travelers due to obvious complaints by the guest, the accommodation is entitled to cancel the provision of the service at any time without reducing the remuneration claim.
Bringing food and drinks. Bringing food and drinks is prohibited. In the event of a violation, the accommodation is entitled to demand a corresponding service fee.
Smoking. Smoking is prohibited in all rooms of the accommodation. In the event of an infringement, the guest has to pay a flat-rate cleaning fee of EUR 100.00.
Animal husbandry: Bringing animals is only permitted with the express written approval of the accommodation.
Termination of accommodation for an important reason. The accommodation is entitled to terminate the contract with immediate effect if further accommodation is unreasonable for the accommodation. This is especially the case when the guest is
– makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, prevents the other guests, the owner, his people or third parties living in the accommodation from living together or acts against these people with a punishable act is guilty of property, morality or physical security;
– is attacked by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care;
– Failure to pay the accommodation’s bills on time;
– sublet and / or sublet the room made available.
Prices: All prices are in euros plus sales tax plus duties, for contracts with consumers including sales tax and including duties at the statutory rate.
Additional services: All accommodation services that are not expressly covered by the agreed fee, in particular additional services agreed later, will be remunerated separately. These include, for example, parking, massages, consumption at bars, etc.
Advance costs & security: The accommodation is entitled to request advance costs to cover its own expenses or to secure the agreed fee, for example by disclosing the credit card number.
Partial services: The accommodation is entitled to offset partial services.
Unjustified withdrawal: In the event that the guest withdraws from his order in whole or in part without grossly negligent or intentional negligence on the part of the accommodation, the accommodation is still due the agreed fee. In this case, the accommodation only needs to be credited with savings from purchases that have not yet been made. The same applies if the accommodation withdraws from the contract for an important reason in the sphere of the guest.
Due date: The accommodation’s invoices are due from the date of the invoice without any deductions.
Payability: The accommodation bills are to be paid upon receipt of the invoice.
Prohibition of offsetting and retention by the guest as an entrepreneur. Even in the case of related claims, guests are not entitled to set off their own claims against claims of the accommodation, unless the claim of the guest has been recognized in writing by the accommodation or has been determined by a court. A right of retention in favor of guests is excluded.
Right of retention of the accommodation: The accommodation has the right to retain the property brought in by the guests in order to secure its claims from the accommodation and catering as well as other claims from, for example, garage parking.
Late payment. In the event of late payment, the statutory interest applicable between entrepreneurs, but at least 9% per annum, for contracts with entrepreneurs, interest of 9% per annum for contracts with consumers. The guest has to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal prosecution.
Installment payment: Insofar as the accommodation and the guest conclude an installment payment agreement, if only one installment is not paid on time, the loss of an appointment shall be deemed to have been agreed.
Obligation to complain to entrepreneurs: the guest has to notify any defects in writing immediately after referring to the accommodation or providing the agreed premises or providing other listings. The obligation to notify is subject to all defects or damage that the guest would have to recognize with the care of a proper entrepreneur with appropriate control. The guest’s complaint must describe the defect or damage in a detailed and comprehensible manner. If the guest does not report the defects in time, the assertion of warranty claims and claims for damages as well as claims based on other liability regulations, in particular recourse claims, by the guest is excluded.
Guarantee. The statutory provisions of warranty law apply to consumers. The right to warranty and the right to recourse against warranty are limited to six months from delivery. As an entrepreneur, the guest has the right to improvement or exchange or, in the case of minor defects, to a price reduction or, in the case of major defects, to conversion at the choice of the accommodation. By remedying the defect, the entrepreneur’s warranty period is neither extended nor does it begin again for the part of the service affected by the remedial action.
Error, shortening over half for entrepreneurs: The right to contest due to error and shortening over half is excluded.
Compensation and other claims. Claims for damages and claims based on other liability regulations, in particular recourse claims, by the guest are excluded, unless they are based on gross negligence or intent in the case of contracts with entrepreneurs or on gross negligence or intent on the part of the accommodation in the case of contracts with consumers. Such claims by entrepreneurs expire six months after knowledge of the damage and the damaging party; at least after three years from the act of infringement. Claims based on personal injury and other non-dispositive liability provisions are excluded from this disclaimer.
Protective effect in favor of third parties: It is expressly agreed that this contract has no protective effect in favor of third parties.
Liability for agreed third-party services. The respective third parties who provide the agreed third-party services are not vicarious agents for the accommodation. The accommodation is therefore only liable for the fault of the selection. If the third party is brought in at the suggestion of the guest, then the accommodation is not liable for the third party at all.
Burden of proof for entrepreneurs: A reversal of the burden of proof at the expense of the accommodation is excluded. In particular, the existence of the defect at the time of handover, the point in time when the defect was discovered, the timeliness of the notification of defects and the existence and degree of fault must be proven by the guest.
Withdrawal from contract with entrepreneurs. A withdrawal from the contract by the guest must be declared in writing by means of a registered letter.
ONLINE DISPUTE RESOLUTION
Online dispute settlement platform for consumers: The EU has set up an “online dispute settlement platform” (ec.europa.eu/odr) to settle disputes with consumers. The accommodation decides whether to participate in a dispute settlement procedure on a case-by-case basis. If you have any questions about dispute settlement, the accommodation is available at Landhotel Schützenhof Familie Franz and Petra Vogl OG, Dorfstraße 14, 5330 Fuschl.
Applicable law: Austrian law is exclusively applicable to all legal relationships and circumstances between the guest and the accommodation, excluding international reference standards. The provisions of the UN sales law do not apply to contracts with entrepreneurs.
Place of jurisdiction for entrepreneurs: The competent Austrian court for Salzburg is agreed as the place of jurisdiction for all disputes between the accommodation and entrepreneurs. The accommodation is also entitled to take legal action at the general place of jurisdiction of the accommodation and the entrepreneur.