General Terms and Conditions of Hubertushof Hotelbetriebs GmbH

§ 1 Scope of application

These General Terms and Conditions apply to the conclusion of an accommodation contract
between the final guest and the accommodation provider.

§ 2 Definitions of terms

"Accommodation": Hubertushof Hotelbetriebs GmbH
"Guest" = "Contracting Party": Persons who travel with the Contracting Party (e.g. family
members, friends, etc.) are also deemed to be guests. The contractual partner concludes
an accommodation contract with the Beerberger, the content of which is regulated in more
detail in the "General Terms and Conditions" = General Terms and Conditions.

§ 3 Conclusion of contract - down payment

3.1 The Accommodation Agreement shall come into existence upon the Proprietor's
acceptance of the Party's order. Electronic declarations shall be deemed to have been
received if the party for whom they are intended is able to retrieve them under normal
circumstances and access is made to the accommodation provider's announced business hours.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the
dass der Vertragspartner eine Anzahlung leistet. In diesem Fall ist der Beherberger verpflichtet, vor
condition that the Party makes a down payment. In this case, the Proprietor shall be
obliged to inform the Party of the required down payment before accepting the written or
verbal order of the Party. If the Party agrees to the down payment (in writing or verbally),
the Accommodation Agreement shall come into existence upon receipt by the Proprietor of
the declaration of agreement on payment of the Party's down payment.
3.3 The Party shall be obliged to pay the down payment at the latest 7 days (arriving) prior
to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be
borne by the 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.

§ 4 Beginning and end of accommodation

4.1 The Party shall have the right, if the Proprietor does not offer any other reference time,
to move into the rented rooms from 2.30 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 contractual partner by 11.00 a.m. on the day
of departure. The Proprietor shall be entitled to charge a further day if the rented rooms
have not been vacated in due time.

§ 5 Withdrawal from the Accommodation Agreement - Cancellation Fee Withdrawal by the Proprietor

5.1 If the Accommodation Agreement provides for a down payment and if the down payment
has not been made by the Party in due time, the Proprietor may withdraw from the
Accommodation Agreement without notice.
5.2 If the guest does not arrive by 6 p.m. on the agreed arrival day, there shall be no
obligation to accommodate unless a later arrival time has been agreed.
5.3 If the Party has made a down payment (see 3.3), the premises shall remain reserved
until 12.00 noon of the day following the agreed day of arrival at the latest. In the event of
advance payment of more than four days, the obligation to accommodate shall end at 6
p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless
the guest announces a later day of arrival.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively
justified reasons up to 14 days before the agreed date of arrival of the Party at the latest,
unless otherwise agreed, by unilateral declaration.

Withdrawal by the contracting party - Cancellation fee

5.5 Up to 31 days before the agreed arrival date of the guest at the latest, the
Accommodation Contract may be terminated by the Party unilaterally without payment of a
cancellation fee.
5.6 Outside the period specified in § 5.5., withdrawal by unilateral declaration by the Party
shall only be possible upon payment of the following cancellation fees:
- up to 30 days before the day of arrival 20% of the total package price;
- up to 14 days before the day of arrival 30 % of the total package price;
- up to 7 days before the day of arrival 60% of the total package price;
- from 6 days before the day of arrival 90 % of the total package price.

Arrival obstructions

5.7 If the Party cannot appear at the place of accommodation on the day of arrival due to
unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.), the Party
shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay compensation for the booked stay shall revive from the time of
arrival if the journey becomes possible again within three days.
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§ 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, an overbooking exists or other
important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

§ 7 Rights of the Party

7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the
usual use of the rented rooms, the facilities of the accommodating establishment, which
are usually accessible to the guests for use without special conditions, and to the usual
service. The contractual partner must exercise his rights in accordance with any hotel
and/or guest guidelines (house rules).

 

§ 8 Obligations of the Contract Partner

8.1 The contractual partner is obliged to pay the agreed fee at the latest at the time of
departure, plus any additional amounts that have arisen due to the separate use of services
by him and/or the guests accompanying him, plus statutory value-added tax.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor
accepts foreign currencies, these shall be accepted as payment at the daily exchange rate
as far as possible. If the Proprietor accepts foreign currencies or cashless means of
payment, the Party shall bear all related costs, such as inquiries with credit card
companies, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by him or the Guest or
other persons who accept services of the
Proprietor with the knowledge or will of the Party.
.

§ 9 Rights of the Proprietor

9.1 Verweigert der Vertragspartner die Bezahlung des bedungenen Entgelts oder ist er damit im
9.1 If the Party refuses to pay the agreed remuneration or is in arrears with it, the
Proprietor shall be entitled to the statutory right of retention in accordance with § 970c
ABGB and the statutory lien in accordance with § 1101 ABGB on the items brought in by the
Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien as
security for his claim under the Accommodation Agreement, in particular for meals, other
expenses incurred for the Party and for any claims for damages of any kind.
9.2 The Proprietor shall have the right to invoice or interim account for its services at any
time.

§ 10 Obligations of the Proprietor

10.1 The Proprietor shall be obliged to render the agreed services to an extent
corresponding to its standard.
10.2 Special services: Special services of the Proprietor which are subject to labelling and
which are not included in the accommodation fee are, for example, the provision of lounges,
sauna, indoor swimming pool, swimming pool, solarium, parking fees, the accommodation
of pets, the provision of additional beds or children's beds, etc. The Proprietor shall be
obliged to provide the agreed services in accordance with its standard. Special services may be invoiced separately.

§ 11 Liability for items brought in

11.1 The Proprietor shall be liable in accordance with §§ 970 ff 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 to persons authorised by the Proprietor or brought to a place designated 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 the persons leaving and
arriving. The hotelier shall be liable in accordance with § 970 (1) ABGB up to the amount
stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other
Entrepreneurs, as amended, at the most. If the Party to the Agreement or the Guest does
not immediately comply with the request of the Proprietor to deposit his property at a
special place of storage, the Proprietor shall be released from any liability. The amount of
any liability of the hotelier is limited to a maximum of the liability insurance sum of the
respective hotelier. A debt of the contracting party or guest is to be considered.
11.2 The accommodation provider's liability for slight negligence is excluded. 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 damages or indirect
damages as well as lost profits shall not be reimbursed under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current
amount of € 550. The Proprietor shall be liable for any further damage only in the event that
the Proprietor has assumed responsibility for the storage of these items in full knowledge
of their condition or in the event that the damage was caused by the Proprietor or one of its
employees. The limitation of liability under 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse to keep valuables, money and securities in safe custody if
they are much more valuable items than guests of the accommodation in question usually
hold in safe custody.
11.5 Liability shall be excluded in any case of the assumed safekeeping if the Party and/or
Guest fails to notify the Proprietor of the damage immediately upon becoming aware of it.
Furthermore, these claims must be asserted by the Party and/or Guest in court within
three years of knowledge or possible knowledge; otherwise the right shall lapse.
.
das Recht erloschen.

§ 12 Limitation of liability

12.1 If the Party is a consumer, the Proprietor's liability for slight negligence, with the
exception of personal injury, shall be excluded.
12.2 If the Party is an entrepreneur, the Proprietor's liability for slight and gross negligence
shall be excluded. In this case the Party shall bear the burden of proof for the existence of
fault. Consequential damages, immaterial damages or indirect damages as well as lost
profits shall not be reimbursed. The damage to be compensated shall in any case be limited
to the amount of the trust interest.

§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodating establishment with the prior
consent of the Proprietor and, if necessary, against special remuneration.
13.2 The Party taking an animal with it shall be obliged to keep or supervise it properly
during its stay or to have it kept or supervised by suitable third parties at its own expense.
13.3 The contractual partner or guest who takes an animal with him must have a

corresponding animal liability insurance or a private liability insurance which also covers
possible damage caused by animals. The proof of the appropriate insurance is to be

furnished on request of the accommodator.
13.4 The Party or its insurer shall be liable to the Proprietor for the damage caused by the
animals brought along. The damage shall in particular also include those indemnities of the
Proprietor which the Proprietor is obliged to provide to third parties.
13.5 Animals may not stay in the salons, social rooms, restaurant rooms and wellness
areas.
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§ 14 Prolongation of accommodation

14.1 The contractual partner has no right to have his stay extended. If the Party announces
its wish to extend the stay in good time, the Proprietor may agree to the extension of the
accommodation contract. The hotelier shall not be obliged to do so.
14.2 If the Party cannot leave the accommodating establishment on the day of departure
because all departure options are blocked or unusable due to unforeseeable extraordinary
circumstances (e.g. extreme snowfall, flooding, etc.), the Accommodation Contract 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 accommodation company due to the exceptional weather

conditions. The hotelier shall be entitled to demand at least the payment which
corresponds to the price normally charged in the off-season.

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§ 15 Termination of the Accommodation Agreement - Early Termination

15.1 If the Accommodation Agreement has been concluded for a certain period of time, it
shall end upon expiry of this period.
5.2 If the Party leaves prematurely, the Proprietor shall be entitled to demand the full
agreed remuneration. The Proprietor shall deduct what it has saved as a result of not
making use of its range of services or what it has obtained by renting the rooms ordered
elsewhere. Savings shall only be deemed to have been made if the accommodating
establishment is fully occupied at the time of non-use of the rooms ordered by the guest
and the room can be rented to other guests due to the cancellation by the contracting
party. The contractual partner bears the burden of proof of the savings.
15.3 The contract with the Proprietor shall end upon the death of a Guest.
15.4 If the Accommodation Agreement has been concluded for an indefinite period, the
Parties may dissolve the Agreement by 10.00 a.m. of the third day before the intended end
of the Agreement.
15.5 The Proprietor shall be entitled to dissolve 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 through his reckless, offensive
or otherwise grossly unseemly conduct, he makes the other guests, the owner, his people
or the third parties living in the accommodation unpleasant to live together or is guilty of a

punishable act against property, morality or physical safety against these persons;
b) is afflicted by an infectious disease or an illness that goes beyond the period of

b) von einer ansteckenden Krankheit oder eine Krankheit, die über die Beher- bergungsdauer
hinausgeht, befallen wird oder sonst pflegedürftig wird;
hospitalization, or is otherwise in need of care;
c) the invoices presented have not been paid within a reasonable period of time (3 days)
when due.
15.6 If performance of the contract becomes impossible due to an event to be regarded as
force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor
may terminate the Accommodation Agreement at any time without observing a period of
notice, 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 stay in the accommodation establishment, the Proprietor
shall provide medical care at the request of the guest. If the journey is delayed, the
Proprietor shall arrange for medical care even without the Guest's special request, in
particular if this is necessary and the Guest is not in a position to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be
contacted, the Proprietor shall provide medical treatment at the expense of the Guest.
However, the scope of these care measures ends at the time when the guest can make
decisions or the relatives have been informed of the case of illness.
16.3 The Proprietor shall be entitled to compensation from the Party and the Guest or, in
the event of a to- descent, from their legal successors, in particular for the following costs:
a) Open medical costs, costs for patient transport, medication and medical aids b) Room
disinfection that has become necessary,
c) linen, bed linen and bed furnishings which have become unusable, otherwise for
disinfection or thorough cleaning of all these objects, d) restoration of walls, furnishings,
carpets, etc., insofar as these have been contaminated or damaged in connection with the
illness or death,
e) room rent, if the guest has occupied the room, plus any days when the rooms are
unusable due to disinfection, evacuation or similar,
f) any other damage incurred by the Proprietor.

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§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance shall be the place where the place of accommodation is
located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the
rules of international private law (in particular IPRG and EVÜ) as well as 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 has been concluded with a Party who is a consumer and who has his place of residence or habitual abode in Austria, actions against the
consumer can 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
who is domiciled in a member state of the European Union (with the exception of Austria),

Iceland, Norway or Switzerland, the court having exclusive jurisdiction for the place of residence of the consumer for actions against the consumer shall have exclusive jurisdiction both locally and factually.
 

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, a time limit shall run from the date of
service of the document fixing the time limit on the parties to the contract who are
required to observe it. When calculating a time limit determined by the number of days, the
day in which the time or event at which the start of the time limit is to be determined falls
shall not be counted. Periods determined by weeks or months shall refer to the day of the
week or month which, by its name 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 that month shall be
decisive.
18.2 Declarations must have been received by the other contracting party on the last day of
the period (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party.
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
acknowledged by the Proprietor.
18.4 In the event of loopholes, the corresponding statutory provisions shall apply. §19 Cases of doubt about terms, conditions, provisions . In case of doubt, the German text applies to the general terms and conditions and individual provisions..