• 1 Scope

1.1 Our General Terms and Conditions are based on the 2006 General Terms and Conditions for the hotel industry defined by the Austrian Federal Economic Chamber.

1.2 The 2006 General Terms and Conditions for the Hotel Industry (AGBH 2006) do not preclude special agreements. The 2006 General Terms and Conditions for the Hotel Industry (AGBH 2006) take precedence over any individual agreements.

• 2 Definitions

2.1 Definitions:

Accommodation Provider: Gersbergalm Hotelbetriebsgesellschaft m.b.H. & Co KG, Gersberg 37, 5020 Salzburg is 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, as a rule, 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, 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 – Advance Payment

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 the condition that the contracting party makes a deposit. In this case, the accommodation provider is obliged, prior to 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 the accommodation provider’s receipt of the contracting party’s declaration of consent regarding payment of the deposit.

Individual agreements: Deposits are specified in detail in the booking confirmation and are accepted during the booking process.

Group agreements have a separate deposit, which is set out in the relevant contracts.

3.3 The contracting party is obliged to pay the deposit, as stated on the reservation or booking confirmations, in good time prior to the start of the accommodation period, or to provide a credit card for the payment to be debited. The costs of the financial transaction (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 Payment of the full amount in advance is required for the ‘Early Bird Rate’. In this case, the full amount is due at the time of booking. The accommodation provider is also entitled to insist on payment of the full amount in advance for special occasions such as events or gala evenings. The accommodation provider shall clearly state this on the booking confirmation.

• 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 take possession of the rented rooms from 3.00 pm on the agreed day (‘day of arrival’).

4.2 If a room is first occupied before 6.00 am, the preceding night shall count as the first night’s stay.

4.3 The contracting party must vacate the rented rooms by 11.00 am 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 specified time. Early check-in or late check-out may be offered on request and subject to availability, for a fee.

• 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal 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 18:00 on the agreed day of arrival, there is 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

the accommodation shall remain reserved until 11.00 am 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 second day, with the day of arrival counting as the first day, unless the guest specifies a later arrival date.

5.4 Up to 3 months before the contracting party’s agreed arrival date at the latest, the accommodation contract may be terminated by the accommodation provider, for objectively justified reasons, unless otherwise agreed, by means of a unilateral declaration.

5.5 In the event of a technical fault resulting in a very low accommodation rate being entered into the online systems – which is less than 70 per cent of the normal accommodation rate for the date of travel – the accommodation provider has the right to withdraw from the accommodation contract within 48 hours.

Withdrawal by the contracting party – cancellation fee

5.6 Cancellation of the room booking is possible free of charge up to 1 day before arrival, or 14 days before arrival during certain periods. This means that, prior to this deadline and before the guest’s agreed arrival date, the accommodation contract may be terminated by the contracting party through a unilateral declaration without the payment of a cancellation fee. This applies to individual bookings (fewer than one room), as group contracts are governed by different terms and the customer’s consent was obtained at the time the contract was concluded.

General policy: Cancellation free of charge up to 6.00 pm 1 day before arrival

Policy: 14 days before arrival (by 6.00 pm at the latest)

Mid-July to the end of August (from 15 July at the latest until 2 September at the latest)

Christmas and New Year period (from at least 22 December until 2 January at the latest)

Early-bird and special discount offers are subject to more restrictive terms and conditions and cannot be cancelled free of charge once the booking has been confirmed. Similarly, it is not possible to shorten or alter the length of stay.

Hindrances to arrival

5.8 If the contracting party is unable to arrive at the accommodation on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, etc.) render all means of travel impossible, the contracting party is not obliged to pay the agreed fee for the days of arrival.

5.9 The obligation to pay the fee for the booked stay shall resume as soon as travel becomes possible again, provided that travel is possible within three days.

• 6 Provision of alternative accommodation

6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, particularly if the difference is minor and objectively justified.

6.2 Objective justification exists, for example, if the room(s) has (have) become unusable, guests already staying at the accommodation extend their stay, there is overbooking, or other important operational measures necessitate this step.

6.3 Any additional costs incurred for the alternative accommodation shall be borne by the accommodation provider.

• 7 Rights of the contracting party

7.1 By entering into a contract of accommodation, the contracting party acquires the right to the normal use of the rented rooms and the facilities of the accommodation establishment which are normally and without special conditions available for use by guests, as well as to the usual level of service.

• 8 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed fee, plus any additional amounts incurred as a result of separate services utilised by them and/or their accompanying guests, plus statutory value-added tax, no later than at the time of departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these shall be accepted in 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 him or the

guest or any other person who, with the contracting party’s knowledge or consent, makes use of the accommodation provider’s services.

8.4 The contracting party is obliged to pay for compulsory meals included in the room rate on specific dates (e.g. Christmas Eve, New Year’s Eve gala dinner) and may not insist on a credit note if the package has been booked as a complete package. If the contracting party chooses to be away from the accommodation on those evenings, the service will be invoiced despite their absence. No compensation is possible, as the terms of the package were defined and accepted by the customer at the time of booking.

• 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 is 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 the day (after 8.00 pm and before 7.00 am), the accommodation provider is entitled to charge a special fee for this.  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 Special services provided by the accommodation provider that are subject to separate charging and are not included in the accommodation fee include, for example:

1. a) Special accommodation services which may be invoiced separately
2. b) a reduced rate is charged 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 in by the contracting party. The accommodation provider is liable only 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 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

. 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. Any fault on the part of the contracting party or guest must be taken into account.

11.2 The accommodation provider’s liability is excluded in cases of slight negligence. If the contracting party is a business, liability is also excluded in cases of gross negligence. In this case, the burden of proof regarding the existence of fault lies with the contracting party. Consequential or indirect damages, as well as loss of profit, shall under no circumstances be compensated.

11.3 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 damage in excess of this amount only if they have accepted these items for safekeeping whilst being aware of their nature, or if the damage was caused by the accommodation provider themselves or one of their employees. The limitation of liability set out in clauses 12.1 and 12.2 applies mutatis mutandis.

11.4 The accommodation provider may refuse to accept valuables, money and securities for safekeeping if these items are significantly more valuable than those which guests of the accommodation establishment in question usually entrust for safekeeping.

11.5 In any case where items have been accepted for safekeeping, liability is excluded if the contracting party and/or guest fails to notify the accommodation provider of the damage immediately upon becoming aware of it. Furthermore, such claims must be brought before a court within three years of the contracting party or guest becoming aware, or having reasonably been expected to become aware, of the matter; otherwise, the right to claim shall lapse.

• 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 burden of proof regarding the existence of fault lies with the contracting party. Consequential damages, non-material damages or indirect damages, as well as loss of profit, shall not be compensated. In all cases, the amount of damages to be compensated shall be limited to the value of the interest at stake.

• 13 Keeping of animals

13.1 Animals may only be brought onto the accommodation premises with the accommodation provider’s prior consent and, where applicable, subject to a separate fee.

13.2 The contracting party bringing a pet is obliged to keep it in safe custody and supervise it properly during their stay, or to arrange for it to be kept in safe custody and supervised by suitable third parties at their own expense.

13.3 The contracting party or guest bringing an animal with them must hold appropriate animal 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 on the premises. Such damage shall include, in particular, any compensation the accommodation provider is required to pay to third parties.

13.5 The rules regarding the use of rooms, which must be communicated no later than at check-in, must be observed.

• 14 Extension of the stay

14.1 The contracting party has no entitlement to have their stay extended

. If the contracting party gives timely 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 the contracting party is unable to leave the accommodation on the day of departure because, due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is possible only 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 rate corresponding to the price usually charged in 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 end upon expiry of that term.

15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider shall deduct any savings made as a result of the guest’s failure to make use of the services offered, or any income received from letting the booked rooms to other guests. A saving shall only be deemed to have been made if the accommodation establishment is fully booked at the time the guest’s reserved rooms are not utilised and the rooms can be let to other guests as a result of the contracting party’s cancellation. The burden of proof regarding such savings lies with the contracting party.

15.3 The contract with the accommodation provider shall terminate 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 am on the third day prior to the intended end of the contract.

15.5 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

1. a) makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper behaviour makes it impossible for other guests, the owner, the owner’s staff or third parties residing in the accommodation to coexist peacefully, or is guilty of a criminal offence against property, public morality or physical safety in relation to these persons;
2. b) contracts a contagious disease or an illness that extends beyond the duration of their stay, or otherwise requires nursing care;
3. c) fails to pay the invoices presented by the due date within a reasonable period (3 days).

15.6 If the performance of the contract becomes impossible due to an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.) is rendered impossible, the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract is not already deemed terminated by law, or the accommodation provider is released 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 imminent danger, the accommodation provider shall arrange for medical care even without a specific request from the guest, particularly 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 next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, the scope of these care measures shall cease at the point at which 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:

1. a) outstanding medical costs, costs for patient transport, medication and medical aids
2. b) room disinfection that has become necessary,
3. c) linen, bed linen and bedding that have become unusable; otherwise, the cost of disinfecting or thoroughly cleaning all such 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 guest has occupied the premises, plus any days during which the rooms are unusable due to disinfection, clearance or similar,
6. f) any other losses incurred by the accommodation provider.

• 17 Place of performance, jurisdiction and governing law

17.1 The place of performance is the location of the accommodation establishment.

17.2 This contract is governed by Austrian substantive and procedural law, to the exclusion of the rules of private international law (in particular the Austrian Private International Law Act (IPRG) and the Convention on the Recognition and Enforcement of Foreign Judgments (EVÜ)) as well as the UN Convention on Contracts for the International Sale of Goods.

17.3 In bilateral business-to-business transactions, the exclusive place of jurisdiction is the accommodation provider’s registered office; however, the accommodation provider is also entitled to assert its rights before any other court with local or subject-matter jurisdiction.

17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and 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 employment.

17.5 If the accommodation contract was concluded with a contracting party 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 having local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for claims against the consumer.

• 18 Miscellaneous

18.1 Unless otherwise provided for in the above provisions, a period shall commence upon service of the document setting the time limit on the contracting party required to comply with that time limit. When calculating a time limit specified in days, the day on which the point in time or event occurs, from which the time limit is to run, shall not be included in the count. 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 have been received by the other contracting party by 8.00 pm on the last day of the period.

18.3 The accommodation provider is entitled to set off their own claims against the contracting party’s claim. 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.

• 19 Vouchers

19.1. Vouchers cannot be exchanged for cash.

19.2. A voucher cannot be used to settle a deposit or cancellation fee.

19.3. Before transferring a voucher, the accommodation provider must be asked for permission so that the terms of the voucher or discount can be checked against the relevant regulations.

19.4. A voucher, discount or gift voucher must be declared or handed over at reception upon check-in so that it can be properly taken into account when the invoice is drawn up.

19.5. For vouchers of value that have been purchased, the validity period prescribed by law applies. For discount vouchers and free vouchers, the accommodation provider reserves the right to set the validity period in accordance with the law. These are therefore time-limited and must be redeemed within the specified period.