Terms and Conditions
Cancellations are free of charge up to 3 months before arrival.
70% of the total cost will be charged for cancellations made between 3 months and 1 month before arrival.
100% cancellation fees apply for cancellations made within one month before arrival.
We recommend travel cancellation insurance: www.europaeische.at
§ 1 Scope of Application
These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB as amended on September 23, 1981.
The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed terms.
§ 2 Definitions
2.1 Definitions:
"Accommodation Provider": Is a natural or legal person who accommodates guests for a fee.
"Guest": Is a natural person who uses accommodation services. The guest is usually also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests.
"Contracting Party": Is a natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
"Consumer" and "Entrepreneur": These 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 further regulated below.
§ 3 Conclusion of Contract – Down Payment
The accommodation contract is concluded upon the accommodation provider's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the accommodation provider's stated business hours.
The accommodation provider is entitled to conclude the accommodation contract on condition that the contracting party makes a down payment. In this case, the accommodation provider is obliged to inform the contracting party of the required down payment before accepting the contracting party's written or verbal order. If the contracting party agrees to the down payment (in writing or verbally), the accommodation contract comes into effect upon receipt by the accommodation provider of the declaration of consent regarding the payment of the contracting party's down payment.
The contracting party is obliged to pay the down payment at least 7 days (receipt) before the accommodation. The costs for the money transaction (e.g., transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
The down payment is a partial payment of the agreed fee.
§ 4 Commencement and End of Accommodation
The contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed day ("day of arrival"), provided the accommodation provider does not offer a different check-in time.
If a room is occupied for the first time before 6:00 AM, the preceding night counts as the first overnight stay.
The rented rooms must be vacated by the contracting party by 12:00 PM on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the accommodation agreement stipulates a deposit and the deposit was not paid by the contracting party on time, the accommodation provider may withdraw from the accommodation agreement without granting a grace period.
5.2 If the guest does not arrive by 6:00 PM on the agreed arrival date, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.
5.3 If the contracting party has made a deposit (see 3.3), the premises will remain reserved until 12:00 PM on the day following the agreed arrival date. For advance payments of more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest announces a later arrival date.
5.4 Up to 3 months before the contracting party's agreed arrival date, the accommodation agreement may be unilaterally terminated by the accommodation provider for objectively justified reasons, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 Up to 3 months before the guest's agreed arrival date, the accommodation agreement may be unilaterally terminated by the contracting party without payment of a cancellation fee.
§ 4 Commencement and End of Accommodation
4.1 The contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed day ("arrival day"), unless the accommodation provider offers a different occupancy time.
4.2 If a room is occupied for the first time before 6:00 AM, the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 PM on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the accommodation agreement stipulates a deposit and the deposit was not paid by the contracting party on time, the accommodation provider may withdraw from the accommodation agreement without granting a grace period.
5.2 If the guest does not arrive by 6:00 PM on the agreed arrival date, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.
5.3 If the contracting party has made a deposit (see 3.3), the premises will remain reserved until 12:00 PM on the day following the agreed arrival date. For advance payments of more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest announces a later arrival date.
5.4 Up to 3 months before the contracting party's agreed arrival date, the accommodation agreement may be unilaterally terminated by the accommodation provider for objectively justified reasons, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 Up to 3 months before the guest's agreed arrival date, the accommodation agreement may be unilaterally terminated by the contracting party without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5., withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
up to 1 month before the arrival day 40% of the total package price
up to 1 week before the arrival day 70% of the total package price
in the last week before the arrival day 90% of the total package price
5.7 If the contracting party cannot arrive at the accommodation establishment on the day of arrival because all possibilities of arrival are impossible due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay revives from the moment arrival becomes possible again, if arrival becomes possible within three days.
§ 6 Provision of Alternative Accommodation
6.1 The accommodation provider may provide the contracting party or guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) has (have) become unusable, guests already checked in extend their stay, an overbooking occurs, or other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.
§ 7 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 that are normally accessible to guests for use without special conditions, and to the usual service.
The contracting party must exercise their rights in accordance with any applicable hotel and/or guest policies (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed remuneration, plus any additional amounts incurred due to separate use of services by them and/or their accompanying guests, plus statutory VAT, at the latest by the time of departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be taken as payment at the daily exchange rate as far as practicable. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by them, the guest, or other persons who receive services from the accommodation provider with the knowledge or consent of the contracting party.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears, the accommodation provider has the statutory right of retention according to § 970c ABGB and the statutory lien according to § 1101 ABGB on items brought in by the contracting party or the guest.
The accommodation provider also has this right of retention or lien to secure their claims arising from the accommodation contract, particularly for catering, other expenses incurred for the contracting party, and any claims for compensation of any kind.
9.2 If a service is requested in the guest's room or at unusual times (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge a special fee for it. However, this special fee must be displayed on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider is entitled to bill or issue an interim bill for their services at any time.
§ 10 Duties of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to their standard.
10.2 Examples of special services provided by the accommodation provider that are subject to separate pricing and are not included in the accommodation fee are:
a) special accommodation services that can be billed separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.;
b) a reduced price is charged for the provision of extra beds or children's beds.
§ 11 Accommodation Provider's Liability for Damage to Items Brought In
11.1 The accommodation provider is liable for items brought in by the contracting party in accordance with §§ 970 ff ABGB. The accommodation provider's liability only applies if the items have been handed over to the accommodation provider or their authorized personnel, or have been brought to a location designated or specified by them. If the accommodation provider fails to prove otherwise, they are liable for their own fault or the fault of their staff, as well as incoming and outgoing persons. The accommodation provider's liability according to § 970 para 1 ABGB is limited to the maximum amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Businesses, in its currently applicable version. If the contracting party or guest does not immediately comply with the accommodation provider's request to deposit their items in a special storage location, the accommodation provider is released from all liability. The amount of any potential liability of the accommodation provider is limited to the maximum liability insurance sum of the respective accommodation provider. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contracting party is a business, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages or indirect damages, as well as lost profits, will under no circumstances be compensated.
11.3 For valuables, money, and securities, the accommodation provider is liable only up to the current amount of € 550. The accommodation provider is liable for damages exceeding this amount only if they accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider themselves or their staff. The limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider may refuse to keep valuables, money, and securities if they are significantly more valuable than items guests of that accommodation establishment usually entrust for safekeeping.
11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately report the damage incurred to the accommodation provider upon becoming aware of it. Furthermore, these claims must be asserted in court by the contracting party or guest within three years of becoming aware or potentially aware of the damage; otherwise, the right is forfeited.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is a business, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages, as well as lost profits, are
not compensated. In any case, the compensation for damages is limited to the amount of the reliance interest.
§ 13 Pet Policy
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, for a special fee.
13.2 The contracting party bringing an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. This damage specifically includes any compensation the accommodation provider must pay to third parties.
13.5 Animals are not permitted in the lounges, common rooms, restaurant areas, and wellness areas.
§ 14 Extension of Accommodation
14.1 The contractual partner has no right to have their stay extended. If the contractual partner announces their wish to extend the stay in good time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.) that block or render unusable all departure options, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible, if at all, if the contractual partner cannot fully utilize the services offered by the accommodation due to the extraordinary weather conditions. The accommodation provider is entitled
to demand at least the fee that corresponds to the price usually charged in the off-season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract was concluded for a fixed period, it ends upon expiration of that period.
15.2 If the contractual partner departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they saved as a result of the non-utilization of their services or what they received through alternative rental of the booked rooms. A saving only exists if the accommodation establishment is fully occupied at the time of non-utilization of the rooms booked by the guest and the room can be rented to other guests due to the contractual partner's cancellation. The burden of proof for the saving lies with the contractual partner.
15.3 Upon the death of a guest, the contract with the accommodation provider ends.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 AM on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contractual partner or the guest
a) makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper conduct towards other guests, the owner, their staff, or third parties residing in the accommodation, makes cohabitation unpleasant, or is guilty of an act punishable by law against property, morality, or physical safety towards these persons;
b) is afflicted with a contagious disease or an illness that extends beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonable period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event considered 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 the contract is not already considered terminated by law, or the accommodation provider is released from its obligation to provide accommodation
is exempt. 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, the accommodation provider will arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if it is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or their relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends when the guest can make decisions or their relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation against the contractual partner and the guest, or in case of death, against their legal successors, particularly for the following costs:
a) outstanding medical costs, costs for patient transport, medications, and medical aids
b) necessary room disinfection,
c) unusable laundry, bed linen, and bedding, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., to the extent these were contaminated or damaged in connection with the illness or death,
e) room rental, to the extent the premises were used by the guest, plus any days the rooms were unusable due to disinfection, clearing, or similar,
f) any other damages incurred by the accommodation provider.
§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract is subject to Austrian formal and substantive law, excluding 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 In bilateral business transactions, the exclusive place of jurisdiction is the seat of the accommodation provider, whereby the accommodation provider is also 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 domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence, or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile 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 domicile for actions against the consumer shall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless the above provisions stipulate otherwise, a deadline begins with the delivery of the document setting the deadline to the contractual partner who must observe it. When calculating a deadline determined by days, the day on which the event or time falls that marks the beginning of the deadline is not included. Deadlines determined by weeks or months refer to the day of the week or month that corresponds by name or number to the day from which the deadline is to be counted. If this day is missing in the month, the last day of that month is decisive.
18.2 Declarations must have reached the respective other contractual partner by the last day of the deadline (24:00).
18.3 The accommodation provider is entitled to offset its own claims against claims made by the contractual partner. The contractual partner is not entitled to offset its own claims against claims made by the accommodation provider, unless the accommodation provider is insolvent or the contractual partner's claim has been legally established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the corresponding legal provisions apply.
§ 19 Price Adjustments
19. The prices offered are subject to statutory duties and taxes and are variable accordingly. If statutory duties and taxes change, Hotel Edelweiss is entitled and obliged to increase and decrease prices at any time.