GTC

§ 1 Scope of application

1.1 These terms and conditions apply to contracts for the rental of hotel rooms of Hotel Sonnenspitz for accommodation purposes and to all other services provided by Hotel Sonnenspitz for the customer in this context.

1.2 The subletting or re-letting of the rented premises, the use of the rented hotel rooms for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales and similar events and the use of areas outside the rented rooms for the aforementioned events require the prior express consent of Hotel Sonnenspitz and may be made dependent on the payment of additional remuneration.

540 para. 1 sentence 2 BGB does not apply if the customer is not a consumer.

1.3 The customer’s terms and conditions shall only apply if this has been expressly agreed in advance.

§ 2 Definitions of terms

“Accommodation provider”: is a natural or legal person who accommodates guests in return for payment.

“Guest”: is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons traveling with the contractual partner (e.g. family members, friends, etc.).

“Party”: A natural or legal person in Austria or abroad who concludes 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 contract”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

“Joint and several debtor”: If a third party has booked for the guest, he shall be liable to the hotel together with all guests of the booking concerned as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party in the sense of a binding booking.

§ 3 Conclusion of contract – down payment

3.1 The Accommodation Agreement shall come into effect 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 they are received during the accommodation provider’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 this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the Party’s written or verbal order. If the Party agrees to the down payment (in writing or verbally), the Accommodation Agreement shall come into effect upon receipt by the Proprietor of the Party’s declaration of consent to payment of the down payment.

3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) after receipt of the booking confirmation of the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply.

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different time of occupancy, the Party shall have the right to move into the rented rooms from 3:00 p.m. on the agreed day (“Arrival Day”).

4.2 If a room is occupied for the first time before 14:00, the previous night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contractual partner by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the accommodation contract

Cancellation fee Cancellation by the accommodation provider

5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.

5.2 If the guest does not appear by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed. In this case, the regular cancellation fees must be paid.

5.3 The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the contracting party, unless otherwise agreed.

Withdrawal by the contractual partner – cancellation fee

5.4 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract can be canceled without payment of a cancellation fee by unilateral declaration by the contractual partner, if this is not a group booking with more than 10 people. If the booking is for more than 10 people, a cancellation free of charge is not possible. Cancellation fees for group bookings are as follows:

• up to 1 month before the day of arrival 40% of the total package price;
• up to 1 week before the day of arrival 70 % of the total package price
• 90% of the total package price in the last week before the day of arrival.

3 months – 1 month	1 month – 1 week	In the last week
40 %	70 %	90%

5.5 Outside the period and number of persons specified in § 5.4, withdrawal by unilateral declaration by the contractual partner is only possible for bookings with fewer than 10 persons subject to the following cancellation fees:

• There are no cancellation fees up to 3 months before the day of arrival
• up to 1 month before the day of arrival 40% of the total package price;
• up to 1 week before the day of arrival 70 % of the total package price;
• 90% of the total package price in the last week before the day of arrival.

up to 3 months	3 months – 1 month	1 month – 1 week	In the last week
No cancellation fees	40 %	70 %	90%

 

In the period from 27.12 – 06.01, a regular cancellation fee of 90% applies for this period, irrespective of the time of cancellation.

Obstacles to arrival

5.6 If the Party is unable to arrive at the accommodating establishment 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 remuneration for the days of arrival.

5.7 The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.

5.8 If accommodation cannot be provided by the accommodation provider at the time of the stay due to legal regulations, e.g. a ban on accommodation due to the Covid-19 pandemic, it can be canceled free of charge after written confirmation from the accommodation provider.

§ 6 Provision of alternative 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, in particular 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 replacement accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contractual partner

7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation 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 contractual partner

8.1 The joint and several debtors are obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him, plus statutory VAT, by the time of departure at the latest.

8.2 The contractual partner is obliged to take note of and comply with the house rules. If the house rules are not observed, the contractual partner is obliged to pay compensation.

8.3 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.4 The joint and several debtors shall be liable to the accommodation provider for any damage caused by them or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contracting party. The joint and several debtors must have taken out liability insurance valid in Germany when concluding the contract.

§ 9 Rights of the accommodation provider

9.1 If the Party refuses to pay the remuneration or is in arrears with it, the Proprietor shall be entitled to the statutory right of retention and the statutory right of lien on the items brought in by the Party or the Guest. This right of retention or lien shall further entitle the Proprietor to secure its claim arising from the Accommodation Agreement, in particular for meals, 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 room of the contracting party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the accommodation provider shall be entitled to charge a special fee for this. However, this special charge must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The Proprietor shall have the right to invoice or interim invoice its services at any time.

§ 10 Obligations of the accommodation provider

The accommodation provider is obliged to provide the agreed services to a standard corresponding to its own.

§ 11 Liability of the accommodation provider for damage to property brought in

Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage use, etc. for the provision of additional beds or cribs will be charged at a reduced rate.

11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the GTC 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 authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to provide proof, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. The accommodation provider is liable pursuant to § 970 para. 1 GTC up to a maximum of the amount stipulated in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor’s request to deposit their items in a special storage location, the Proprietor shall be 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. Any fault on the part of the contractual partner or guest must be taken into account.

11.2 The accommodation provider shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages and lost profits will not be compensated under any circumstances.

11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any further damage in the event that it has accepted these items for safekeeping with knowledge of their condition or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The accommodation provider may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually stored by guests of the accommodation establishment in question.

11.5 In any case of assumed storage, liability shall be excluded if the contractual partner and/or guest does not immediately inform the accommodation provider of the damage that has occurred.

displays. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.

§ 12 Limitations 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 contractual partner is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the amount of the legitimate interest.

§ 13 Animal husbandry

Pets may not be brought into the accommodation establishment, as the accommodation establishment is an allergy-friendly accommodation. If these conditions are violated, the contractual partner must pay the cleaning fee to restore the original condition and, if necessary, pay for damages and property damage. The contracting party or its insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. In particular, the damage shall also include those compensation payments of the accommodation provider which the accommodation provider has to make to third parties.

§ 14 Extension of the accommodation

14.1 The contractual partner has no right to have his stay extended. If the Party notifies the Proprietor of its wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider is under no obligation 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, flooding, etc.) and all departure options are blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to charge at least the price that corresponds to the price usually charged in the low season.

§ 15 Termination of the accommodation contract – early termination

15.1 If the accommodation contract was concluded for a fixed term, it shall end upon expiry.

15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.

15.3 The contract with the accommodation provider ends upon the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.

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

1. a) makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
2. b) is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
3. c) fails to pay the invoices submitted when due within a reasonably set period (3 days).
4. d) does not comply with the house rules.

If the Berherberger exercises its domiciliary rights and expels the contractual partner or the guest from the accommodation without notice, the fee agreed at the time of booking shall be payable by the contractual partner or the joint debtors for the entire booking period, even though the guest has to leave early.

15.6 If the fulfillment 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 accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest’s request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, in particular if this is necessary and the guest is unable to do so themselves.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the point at which the guest can make decisions or the relatives have been informed of the 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 for the following costs in particular:

1. a) outstanding medical costs, costs for patient transportation, medication and medical aids
2. b) room disinfection that has become necessary,
3. c) linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
4. d) restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
5. e) Room rent, insofar as the room has been used by the guest, plus any days on which the rooms cannot be rented out due to disinfection, evacuation or similar,
6. f) any other damage 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 accommodation establishment is located.

17.2 This contract shall be governed by German formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) 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 domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and who is resident in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document ordering the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based is not included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month is decisive.

18.2 Declarations must be received by the other contracting party on the last day of the deadline (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 established by a court or recognized by the Proprietor.

18.4 In the event of loopholes, the relevant statutory provisions shall apply.