Terms and Conditions of TAUERN SPA WORLD
Scope 1.1 These general terms and conditions regulate the reciprocal rights and obligations between the hotelier and the guest. 1.2 These Terms and Conditions shall not affect the right to conclude special agreements. Insofar as a special agreement made with the guest conflicts with these General Terms and Conditions, this special agreement shall take precedence over these General Terms and Conditions. The provisions of these General Terms and Conditions, which are not affected by the special agreement, remain in full force.
Definitions 2.1 Definitions: "Hotelier": is a natural or legal person who accommodates guests for a fee. "Guest": is a natural person who takes shelter. The guest is usually at the same time Contractors. Guests are also those persons who arrive with the contracting party (for example, family members, friends etc). "Contractual Partner": is a natural or legal person, at home or abroad, who concludes an accommodation contract as a guest or for a guest. "Consumer" and "entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act (KSchG). "Accommodation contract": is the contract concluded between the hotelier and the contracting party, the content of which is specified in more detail below.
Contract - Deposit 3.1 The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic declarations shall be deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access is made to the advertiser's stated business hours. 3.2 The hotelier is entitled to conclude the accommodation contract and the contract for the provision of event / seminar rooms on the condition that the contracting party pays a down payment. In this case, the hotelier is obliged, before accepting the written or verbal order of the contracting party, to inform the contracting party of the required down payment. If the contracting party agrees to the down payment (in writing or verbally), the accommodation contract is concluded upon receipt of the agreement to pay the down payment of the contracting party to the accommodation provider. 3.3 The contracting party is obligated to pay the down payment no later than 7 days (incoming) before the accommodation. The costs of the financial transaction (such as transfer charges) are borne by the contracting party. For credit and debit cards the respective conditions of the card companies apply. 3.4 The down payment is a partial payment on the agreed fee.
Beginning and end of the accommodation 4.1 The contracting party has the right, if the hotelier offers no other reference time, to move into the rented rooms from 3.00 pm on the agreed day ("day of arrival"). 4.2 If a room is booked for the first time before 6:00 am, the previous night counts as the first night. 4.3 The rented rooms are to be cleared by the contracting party on the day of departure until 11.00 am. The hotelier is entitled to charge an additional day if the rented rooms are not vacated on time.
Cancellation of contract - cancellation fee Resignation by the hotelier 5.1 If the accommodation contract provides for a down payment and the advance payment was not made on time by the contracting party, the accommodation provider may withdraw without a period of grace. 5.2 If the guest does not show up by 6 pm on the agreed arrival day, there is no accommodation obligation, unless a later arrival time has been agreed. 5.3 If the contractual partner has made a down payment (see 3.2), on the other hand, the premises shall be reserved by no later than 11.00 am on the day following the agreed arrival date. For prepayment of more than four days, accommodation starts at 6 pm on the fourth day, with the day of arrival being the first day, unless the guest announces a later day of arrival. 5.4 No later than 3 months before the agreed date of arrival of the contracting party, the lodging contract may be terminated by the hotelier, for justifiable reasons, unless otherwise agreed, by unilateral declaration. Cancellation by the contracting party - cancellation fee 5.5 No later than 30 days before the agreed date of arrival of the guest, the accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party. 5.6 Outside the period specified in point 5.5, a withdrawal from the accommodation contract by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
Provision of a substitute accommodation 6.1 The Proprietor may provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is insignificant and objectively justified. 6.2 A factual justification is given, for example, when the room (s) has become unusable, guests already quartered extend their stay, overbooking or other important operational measures necessitate this step. 6.3 Any additional expenses for the replacement accommodation will be at the expense of the Proprietor.
Rights of the contracting party 7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are normally accessible to the guests for use and without any special conditions, and to the usual operation. 7.2 The contracting party has his rights in accordance with any hotel and / or To exercise guest rules (house rules).
Obligations of the contracting party 8.1 The contractual partner is obligated to pay the agreed fee plus any additional amounts incurred as a result of separate use of services by him and / or the guests accompanying him plus VAT at the latest at the time of departure. Payments must be made by cash, by Maestro (debit card) or by following American Express, Mastercard, Diners Club, VISA credit cards. Watching the payment with cash is the payment with vouchers issued or accepted by the hotelier. 8.2 The hotelier is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies in individual cases, these will be taken into account at the current exchange rate. The contracting party shall bear all associated costs, such as inquiries with credit card companies, exchange fees, telegrams, etc. 8.3 The contracting party shall be liable to the hotelier for any damage he or the guest or other persons who receive services of the accommodation provider with the knowledge or will of the contracting party.
Rights of the accommodation provider 9.1 If the contractual partner refuses to pay the conditional fee or if he is in arrears, the accommodation provider is entitled to the legal right of retention pursuant to § 970c ABGB and the legal lien pursuant to § 1101 ABGB to the items brought by the contracting party or the guest. This right of retention or lien is also for the hotelier to secure his claim under the accommodation contract, in particular for meals, other expenses incurred for the contracting party and for any claims for compensation of any kind to. 9.2 If the service is requested in the room of the contracting party or at exceptional times of the day (after 8 pm and before 6 am), the hotelier is entitled to demand a special fee. However, this special fee is to be distinguished on the room price table or room information folder. The hotelier can also refuse these services for operational reasons. 9.3 The hotelier has the right to anytime billing or Interim settlement of his performance too.
Obligations of the hotelier 10.1 The hotelier is obliged to pay the agreed services in his own Standard corresponding scope to provide. 10.2 Distinguished services of the accommodation provider, which are not included in the Accommodation are included, are to be paid separately.
Liability of the accommodation provider for damage to items brought in 11.1 The hotelier is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the hotelier is only given if the property has been handed over to the hotelier or the people authorized by the hotelier or has been brought to a location designated or designated by the hotelier. If the accommodation provider fails to prove the proof, the accommodation provider is liable for his own fault or the fault of his people as well as the departing and incoming persons. The hotelier is liable according to § 970 Abs 1 ABGB up to the amount of EUR 550, -. If the contracting party or the guest of the request of the host, his belongings to a special The depository is not released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. A fault of the contracting party or guest must be considered. 11.2 The liability of the accommodation provider is excluded for slight negligence. If the contracting party is an entrepreneur, liability is excluded even for gross negligence. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential or indirect Damages and lost profits will never be replaced. 11.3 The hotelier is liable for valuables, money and securities only up to the current amount of EUR 550, -. The hotelier is liable for any further damage only in the event that he has taken over these things in the knowledge of their condition for safekeeping or in the event that the Damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis. 11.4 The lodging of valuables, money and securities may be refused by the Proprietor if the goods are of much more value than are usually custody of guests of the Accommodation Company in question. 11.5 Liability is excluded in any case of the storage taken over, if the contracting party and / or guest not immediately notify the accused of the damage that has occurred. Moreover, these claims must be asserted in court within three years from knowledge or possible knowledge of the contracting party or guest; otherwise the right is extinguished.
Limitations of Liability 12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded. 12.2 If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be replaced always finds its limit in the amount of confidence.
Animal husbandry 13.1 Animals may only be brought to the accommodation company with the prior consent of the hotelier and, if necessary, against special remuneration. 13.2 The contracting party taking an animal is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his expense. 13.3 The contracting party or guest who takes along an animal must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the accommodation provider. 13.4 The contracting party or its insurer are liable to the hotelier for the undivided hand for the damage caused by the animals brought along. The damage includes in particular also those compensation services of the accommodation provider, which the accommodation provider must provide to third parties. 13.5 Animals must not be allowed to stay in the salons, social rooms, restaurant rooms and wellness areas.
Extension of accommodation 14.1 The contracting party is not entitled to a prolongation of his stay. If the contracting party terminates his request for an extension of the stay in good time, the hotelier may agree to the extension of the accommodation contract. The hotelier makes no commitment. 14.2 If the contractual partner can not leave the accommodation company on the day of departure because of unforeseeable circumstances (such as extreme snowfall, flood etc.), all departure options are blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contracting party can not fully use the offered services of the accommodation company due to the extraordinary weather conditions. The hotelier is entitled to claim at least the fee corresponding to the usually charged price in the low season.
Termination of the accommodation contract - early dissolution 15.1 If the accommodation contract has been concluded for a certain period of time, it will end with the passage of time. 15.2 If the contracting party leaves prematurely, the hotelier is entitled to demand the full agreed remuneration. The hotelier will deduct what he saves as a result of non-use of his services or what he has received by other letting of the ordered rooms. A saving exists only if the accommodation company is fully utilized at the time of non-use of the rooms ordered by the guest and the space can be rented to other 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 ends the contract with the hotelier. 15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract. 15.5 The hotelier is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper conduct, disgusts the co-residence of the other guests, the owner, his / her people or the third party resident in the accommodation establishment, or faces a punishable offense against these persons against the property that Morality or physical safety guilty; (b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation; c) the invoices submitted are not paid when due within a reasonable time (3 days). 15.6 If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract has already been terminated by law applies, or the hotelier is released from his accommodation obligation. Any claims for damages etc. of the contracting party are excluded.
Place of performance, jurisdiction and choice of law 16.1 Place of performance is the place where the tourist accommodation is located. 16.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) and UN sales law. 16.3 The exclusive place of jurisdiction in the bilateral entrepreneur's business is the domicile of the Proprietor, whereby the Proprietor is also entitled to assert his rights with any other local and factually competent court.
Miscellaneous 17.1 Unless otherwise provided for by the above provisions, the period of time commences upon notification of the document ordering the time limit to the contracting parties which has to respect the time limit. When calculating a period, which is determined by days, the day is not counted, in which the time or the event falls, after which the beginning of the period is to be determined. Periods determined by weeks or months refer to the days of the week or the month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of the month is decisive. 17.2 Statements must be received by the other contracting party on the last day of the deadline (24.00 hours). 17.3 The hotelier is entitled to set off his own claims against the request of the contracting party.
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