Imprint & Terms and Conditions

Hotel SONNE - FISCHBACHER family

Hansjörg Fischbacher
Kirchboden 16
5602 Wagrain
Austria
ATU49994305

Tel: 0043 6413 8242
Fax: 0043 6413 8288

Email: info@sonne-wagrain.at
Web: www.sonne-wagrain.at

General Terms and Conditions for the Hotel Industry (AGBH)

Table of Contents
§ 1 Scope
§ 2 Definitions
§ 3 Conclusion of the Contract – Deposit
§ 4 Start and end of the accommodation
§ 5 Withdrawal from the accommodation contract – Cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contracting party
§ 8 Obligations of the contracting party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to guests’ personal belongings
§ 12 Limitations on liability
§ 13 Animal husbandry
§ 14 Extension of the stay
§ 15 Termination of the Accommodation Contract – Early Termination
§ 16 Illness or death of the guest under the accommodation contract
§ 17 Place of performance, jurisdiction and choice of law
§ 18 Miscellaneous

§ 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 dated 23 September 1981.
1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 take precedence over agreements made on a case-by-case basis.

§ 2 Definitions
2.1 Definitions:

„Accommodation provider“: A natural or legal person who provides accommodation to guests in return for payment.

„Guest“: A natural person who makes use of accommodation. The guest is usually also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests.

„Contracting Party“: A natural or legal person, whether domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.

„Consumer“ and „business operator“: These terms are to be understood within the meaning of the Consumer Protection Act 1979, as amended.

„Accommodation contract“: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set out in more detail below.

§ 3 Conclusion of the Contract – Deposit
3.1 The accommodation contract is concluded upon the accommodation provider’s acceptance of the contracting party’s booking. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and receipt takes place during the accommodation provider’s published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the other party pays a deposit. In this case,
The accommodation provider is obliged, before accepting the contracting party’s written or verbal booking, to inform the contracting party of the required deposit. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract comes into effect upon receipt of the
A declaration of consent regarding the payment of the deposit by the contracting party to the accommodation provider is concluded.
3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) before the start of the accommodation period. The costs of the money transfer (e.g.
(Bank transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card issuers apply.
3.4 The deposit constitutes a partial payment towards the agreed fee.

§ 4 Start and end of the accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party is entitled to check into the rented accommodation from 4.00 pm on the agreed day („day of arrival“).
4.2 If a room is occupied for the first time before 6.00 am, the preceding night shall count as the first night’s stay.
4.3 The contracting party must vacate the rented accommodation by 12.00 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented accommodation is not vacated by the agreed time.

§ 5 Withdrawal from the accommodation contract – Cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the contracting party has not paid the deposit by the due date, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not arrive by 6.00 pm on the agreed day of arrival, the accommodation provider is under no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the accommodation shall remain reserved until 12.00 noon at the latest on the day following the agreed arrival date. In the event of advance payment covering more than four days, the obligation to provide accommodation ceases from 6.00 pm on the fourth day, with the day of arrival counting as the first day, unless the guest specifies a later arrival date.
5.4 The accommodation contract may be terminated by the accommodation provider by unilateral declaration no later than 3 months before the contractual partner’s agreed arrival date, for objectively justified reasons, unless otherwise agreed.

Withdrawal by the contracting party – cancellation fee
5.5 The accommodation contract may be terminated by unilateral notice from the contracting party without payment of a cancellation fee up to 3 months before the guest’s agreed arrival date.
5.6 Outside the period specified in clause 5.5, the contracting party may only withdraw from the contract by means of a unilateral declaration if the following cancellation fees are paid
possible:

• 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 week prior to the day of arrival, 90 % of the total package price.

Cancellation charges applicable to Hotel Sonne Wagrain:

• Cancellation is free of charge up to 1 month before arrival.
• 1 month to 1 week before arrival 70%,
• within the last week before arrival 90%,
• In the event of early departure, 100% of the booking value.

Travel disruptions
5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) render all means of travel impossible, the contracting party shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay is reinstated from the moment travel becomes possible again, provided that travel is possible again within three days
will be.

§ 6 Provision of alternative accommodation
6.1 Any additional costs incurred for alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By entering into an accommodation contract, the contracting party acquires the right to the normal use of the rented rooms and the facilities of the accommodation establishment which are normally available to guests for use without any special conditions, as well as to the usual level of service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay the agreed fee, plus any additional amounts arising from separate
Any costs incurred as a result of services used by him and/or the guests accompanying him are to be paid, plus statutory VAT.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider does accept foreign currencies, these shall be accepted as payment at the current exchange rate where practicable. Should the accommodation provider accept foreign currencies or non-cash means of payment, the contracting party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by the contracting party, the guest or any other persons who, with the contracting party’s knowledge or consent, make use of the accommodation provider’s services.

§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or is in arrears with such payment, the accommodation provider shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and to the statutory right of lien pursuant to Section 1101 of the ABGB in respect of the items brought in by the contracting party or the guest. The accommodation provider is also entitled to this right of retention or lien to secure their claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for compensation of any kind.
9.2 If the service is requested in the contracting party’s room or at unusual times of day (after 8.00 pm and before 6.00 am), the accommodation provider shall
is entitled to charge a special fee for this. However, this special fee must be clearly indicated on the room price list. The accommodation provider may also refuse to provide these services for operational reasons.
9.3 The accommodation provider is entitled to issue an invoice or an interim invoice for their services at any time.

§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with their usual standards.
10.2 Examples of special services provided by the accommodation provider that are subject to a charge and are not included in the accommodation fee are as follows:
(a) Special accommodation services which may be invoiced separately, such as the provision of lounges, a sauna, an indoor swimming pool, a swimming pool, a solarium, garage parking, etc.;
b) A reduced rate applies for the provision of extra beds or cots.

§ 11 Liability of the accommodation provider for damage to guests’ personal belongings
11.1 The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought onto the premises by the contracting party. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or specified by them for this purpose. Unless the accommodation provider can prove otherwise, the accommodation provider shall be liable for its own negligence or that of its staff, as well as that of persons entering or leaving the premises. The accommodation provider shall be liable in accordance with Section 970(1) of the Austrian Civil Code (ABGB) up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Business Operators, as amended from time to time. If the contracting party or the guest fails to comply immediately with the accommodation provider’s request to deposit their belongings in a designated storage area, the accommodation provider shall be released from all liability. The extent of any liability on the part of the accommodation provider is limited to the sum insured under the accommodation provider’s liability insurance policy. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider is liable for valuables, money and securities only up to the current amount of €550. The accommodation provider shall be liable for any loss or damage in excess of this amount only if they have accepted these items for safekeeping in full knowledge of their nature, or if the loss or damage was caused by the accommodation provider themselves or one of their staff. The limitation of liability set out in clause 12.1 shall apply mutatis mutandis.
11.3 The accommodation provider may refuse to hold valuables, money and securities if these items are of significantly greater value than
Guests at the accommodation establishment in question usually leave their belongings in safekeeping.

§ 12 Limitations on liability
12.1 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the burden of proof regarding the existence of fault lies with the contracting party. Consequential damages, non-pecuniary damages or indirect damages, as well as loss of profit, shall be
shall not be compensated. In any event, the damages to be compensated are limited to the extent of the legitimate expectation.

§ 13 Animal husbandry
13.1 Animals may only be brought onto the premises with the accommodation provider’s prior consent and, where applicable, subject to a separate charge.
13.2 Any contracting party bringing an animal with them is obliged to look after and supervise that animal properly during their stay, or
to have it stored or supervised by suitable third parties at his own expense.
13.3 Any contracting party or guest bringing an animal with them must hold appropriate pet liability insurance or personal liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided at the accommodation provider’s request.
13.4 The contracting party or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. Such damage shall include, in particular, any compensation that the accommodation provider is required to pay to third parties.
13.5 Pets are not permitted in the lounges, social areas, dining areas or wellness facilities.

§ 14 Extension of the stay
14.1 The contracting party has no right to have their stay extended. If the contracting party gives sufficient notice of their wish to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If, on the day of departure, the contracting party is unable to leave the accommodation establishment due to unforeseeable exceptional circumstances (e.g. extreme
(snowfall, flooding, etc.) all means of departure are blocked or unusable, the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible, if at all, if the contracting party is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled to claim at least the fee corresponding to the price normally charged during the low season.

§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract has been concluded for a fixed term, it shall expire at the end of that term.
15.2 The contract with the accommodation provider shall terminate upon the death of a guest.
15.3 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.
15.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
(a) makes significantly improper use of the premises or, through his or her reckless, offensive or otherwise grossly improper behaviour makes it impossible for other guests, the owner, the owner’s staff or third parties staying at the accommodation to coexist peacefully, or commits a criminal offence against the property, public decency or physical safety of these persons;
(b) contracts an infectious disease or a disease that lasts beyond the period of their stay, or otherwise requires care;
(c) fails to pay the invoices submitted within a reasonable period (3 days) of their due date.
15.5 If the performance of the contract is prevented by an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.)
becomes impossible, the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract has not already been terminated in accordance with
is deemed to have been terminated by law, or the accommodation provider is exempt from their obligation to provide accommodation. Any claims for damages, etc., by the contracting party
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, at the guest’s request, arrange for medical care. In the event of an emergency, the accommodation provider shall arrange for medical care even without a specific request from the guest, particularly where 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 next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, these care measures shall cease as soon as the guest is able to make decisions or the next of kin have been notified of the illness.
16.3 The accommodation provider shall be entitled to claim compensation from the contracting 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 of patient transport, medicines and medical aids
(b) disinfection of rooms where this has become necessary,
(c) laundry, bed linen and bedding that have become unsuitable for use; otherwise, for the disinfection or thorough cleaning of all these items,
(d) Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
(e) Room hire, insofar as the guest has made use of the premises, plus any days during which the premises were unavailable due to disinfection, clearance or similar reasons,
(f) any other losses incurred by the accommodation provider.

§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian procedural and substantive law, to the exclusion of the rules of private international law (in particular the IPRG and the EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral commercial transactions, the exclusive place of jurisdiction shall be the accommodation provider’s registered office; the accommodation provider shall, however, also be entitled to assert its rights before any other court with local or subject-matter jurisdiction.
17.4 Where the accommodation contract has been concluded with a contracting party who is a consumer and who has their domicile or habitual residence in Austria, legal proceedings against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of work.
17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and is domiciled 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 over any legal proceedings brought against the consumer.

§ 18 Miscellaneous
18.1 Unless otherwise provided for in the above provisions, a time limit shall commence upon service of the document setting the time limit on the contracting party required to comply with it. When calculating a period specified in days, the day on which the time or event occurs, from which the period is to be calculated, is not included. Time limits specified in weeks or months refer to the day of the week or the day of the month which, by its name or number, corresponds to the day from which the time limit is to be counted. If that day does not exist in the month, the last day of that month shall apply.
18.2 Notices must be received by the other party by midnight on the last day of the period.
18.3 The accommodation provider is entitled to set off its own claims against any claims made by the contracting party. The contracting party is not entitled to set off its own claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.
18.4 In the event of any omissions in these terms and conditions, the relevant statutory provisions shall apply.

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