Terms And Conditions – CT-GOLD Apartments

§ 1 Scope

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous ÖHVB in the version of September 23, 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.

§ 2 Definitions

2.1 Definitions:
“Proprietor”: is a natural or legal person who accommodates guests against payment.

“Guest”: is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) shall also be deemed to be guests.

“Party”: means a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: the terms shall be understood in the sense of the Consumer Protection Act 1979 as amended.

“Accommodation Agreement”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of Contract – Down Payment

3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the Party for which they are intended can retrieve them under ordinary circumstances and the receipt takes place during the announced business hours of the Proprietor.

3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party’s declaration of consent to the payment of the down payment.

3.3 The Party shall be obliged to pay the deposit no later than 7 days (received) prior to the Accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.

3.4 The deposit is a partial payment on the agreed fee.

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different occupancy time, the Party shall be entitled to occupy the rented rooms as of 4:00 p.m. on the agreed day (“arrival day”).

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 Party by 10.00 a.m. on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.

§ 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a down payment and if the down payment was not made by the contractual partner on time, the accommodation provider can withdraw from the accommodation contract without a grace period.

5.2 If the guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later time of arrival has been agreed.

5.3 If the contractual partner has made a down payment (see 3.3), the reservation remains until 12:00 a.m. on the day following the agreed arrival date. In the case of advance payment of more than four days, the obligation to stay ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.

5.4 Up to 3 months before the agreed arrival date of the contractual partner, the accommodation provider can terminate the accommodation contract for objectively justified reasons by means of a unilateral declaration, unless something else has been agreed.

Withdrawal by the contractual partner – cancellation fee
5.5 Up to 3 months before the agreed arrival date of the guest, the accommodation contract can be canceled without payment of a cancellation fee by a unilateral declaration by the contractual partner.

5.6 Outside of § 5.5. specified period, a withdrawal by unilateral declaration of the contractual partner is only possible with payment of the following cancellation fees:

– 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;
– in the last week before the day of arrival 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%

Arrivals
5.7 If the contractual partner cannot appear at the accommodation facility on the day of arrival because unforeseeable circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay is revived from the time of arrival if arrival is possible again within three days.

§ 6 Provision of alternative accommodation

6.1 The accommodation provider can provide the contractual partner or the guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, 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, already accommodated guests extend their stay, there is an overbooking 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 entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment that are customarily and without special conditions accessible to the guests for use, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Duties of the contracting party

8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by the Party and/or the guests accompanying the Party plus statutory value-added tax by the time of departure at the latest.

8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the exchange rate of the day if 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, telegrams, etc. The Party shall be liable for any costs incurred in connection therewith.

8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor’s services with the knowledge or will of the Party.

§ 9 Rights of the Proprietor

9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for damages of any kind.

9.2 If the service is requested in the room of the Party or at extraordinary times of the day (after 8:00 p.m. and before 6:00 a.m.), the Proprietor shall be entitled to charge a special fee for it. However, this special charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.

9.3 The Proprietor shall be entitled to invoice or interim invoice its performance at any time.

§ 10 Duties of the Proprietor

10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.

10.2 Special services of the Proprietor which are subject to award and which are not included in the accommodation fee are exemplary:

a) special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;
b) a reduced price will be charged for the provision of extra beds or cribs.

§ 11 Liability of the Proprietor for damage to items brought in

11.1 The Proprietor shall be liable for the items brought in by the Party pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB). The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof, the Proprietor shall be liable for its own fault or the fault of its people as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to Section 970 (1) ABGB at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs as amended from time to time. If the Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the Party or Guest shall be taken into account.

11.2 The Proprietor shall not be liable for slight negligence. 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 or indirect damages as well as lost profits shall not be compensated under any circumstances.

11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount in the event that he has taken over these items for safekeeping knowing their condition or in the event that the damage was caused by himself or one of his employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are considerably more valuable than those usually given into safekeeping by guests of the accommodating establishment concerned.

11.5 In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred as of knowledge thereof. Moreover, such claims shall be asserted in court within three years from knowledge or possible knowledge by the Party and/or guest; otherwise the right shall be 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 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 compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.

§ 13 Keeping of animals

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 bringing an animal shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its expense.

13.3 The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the Proprietor which the Proprietor is obliged to make to third parties.

13.5 Animals are not allowed to stay in the lounges, social rooms, restaurant rooms and wellness areas.

§ 14 Extension of the accommodation

14.1 The contracting party has no right to have his stay extended. If the Party gives notice of its wish to extend the stay in due time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall not be obliged 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, floods, etc.), the Accommodation Agreement 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 fully use the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least that fee which corresponds to the price usually charged in the low season.

§ 15 Termination of the Accommodation Agreement – Early Termination

15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of time.

15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its service offer or what it has received by renting the ordered rooms to another party. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of the non-utilization of the rooms ordered by the guest and the room can be rented to additional guests due to the cancellation of the contract partner. The burden of proof of the savings shall be borne by the Contractual Partner.

15.3 The death of a Guest shall terminate the Agreement with the Proprietor.

15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement until 10:00 a.m. of the third day prior to the intended end of the Agreement.

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

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 a considerably disadvantageous use of the premises or, by his inconsiderate, offensive or otherwise grossly improper conduct, makes living together unpleasant for the guests, the owner, his people or third parties residing in the accommodating establishment or is guilty of a punishable act against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease that extends beyond the period of accommodation, or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).

15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed to be terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc of the contract partner are excluded.

§ 16 Illness or death of the Guest

16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care at the Guest’s request. If there is imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.

16.2 As long as the Guest is not able to make decisions or the relatives of the Guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the Guest. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified 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 death, from their legal successors, in particular for the following costs:

a) outstanding medical expenses, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as they have been contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the premises were occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc,
f) any other damages 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 accommodating establishment is located.

17.2 This Agreement shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as UN sales law.

17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereas the Proprietor shall also be entitled to assert its rights at any other local and competent court.

17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence 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 place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence with the delivery of the document ordering the time limit to the parties to the contract, which must observe the time limit. If a term is calculated in days, the day shall not be included in the calculation on which the point in time or the event falls according to which the beginning of the term is to be based. Time limits determined by weeks or months refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month shall be decisive.

18.2 Declarations must be received by the other Party on the last day of the term (midnight).

18.3 The Proprietor shall be entitled to set off its own claims against the Party’s claims. 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 any loopholes, the relevant statutory provisions shall apply.