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General Terms and conditions

coolnest Zillertal

 

§ 1 Scope of application

These General Terms and Conditions do not exclude special agreements.
They are subsidiary to agreements made in detail.

§ 2 Definitions of terms

„Proprietor” is a natural or legal person who accommodates guests against payment. In this case, the accommodation provider is the coolnest Zillertal, represented by Stefan Eder GmbH.

“Guest” is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. The term “guest” also includes those persons who arrive with the contracting party (e.g. family members, friends, etc.). The term “contracting party” means a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “Entrepreneur” – these terms shall be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Agreement” shall mean the agreement concluded between the Proprietor and the Party, the content of which shall be 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 whom they are intended can retrieve them under ordinary circumstances.

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.
by the Proprietor.

3.3 The Party shall be obliged to pay the down payment in accordance with the provisions set out in the respective booking confirmation 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 time of occupancy, the Party shall be entitled to occupy the rented rooms from 3.00 p.m. on the agreed day (“day of arrival”).
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 11.00 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 Cancellation of accommodation contract – cancellation fee

Withdrawal by the accommodation provider

5. 1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.

5.2 If the Guest fails to arrive by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate the Guest unless a later date of arrival has been agreed.

5.3 If the contracting party has paid a deposit (see 3.3), on the other hand, the premises shall remain reserved until 11.00 a.m. at the latest on the day following the agreed day of arrival. In the event of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the Guest gives notice of a later day of arrival.

5.4 The Proprietor may terminate the Accommodation Agreement by unilateral declaration for objectively justified reasons no later than 3 months before the agreed date of arrival of the Party, unless otherwise agreed.

Withdrawal by the contracting party – cancellation fee

5.5 In the case of a regular booking at the daily rate, the accommodation contract may be cancelled by unilateral declaration of the contracting party no later than 30 days before the agreed date of arrival of the guest without payment of a cancellation fee.

5.6 Within 30 days before the agreed date of arrival of the guest, the cancellation conditions listed in the respective booking confirmation shall apply.

5.7 Separate cancellation conditions apply to arrangements, special packages, offers and group bookings of six rooms or more. These are listed in the respective offer and are binding.

§ 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, especially 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 substitute accommodation shall be borne by the Proprietor.

§ 7 Rights of the contracting 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 which are usually and without special conditions accessible for the use of the guests, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contracting party

8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to separate use of services by the Party and/or the accompanying guests plus statutory VAT no later than at the time of departure.

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 means of payment without cash, the Party shall bear all related costs, e.g. enquiries with credit card companies, etc.

8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or any 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) as well as 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 compensation of any kind.

9.2 If the service is requested in the Party’s room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for this. However, this extra 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 services 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.

§ 11 Liability of the accommodation provider for damage to items brought into the accommodation

11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) 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 the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or the fault of his staff as well as of the persons leaving and arriving. Pursuant to § 970 para. 1 ABGB (Austrian Civil Code), the accommodation provider shall be liable 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 does not immediately comply with the Proprietor’s request to deposit their belongings in a special place of storage, 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 the aforementioned amount in the event that the Proprietor has accepted such items for safekeeping with knowledge of their condition or in the event that the damage was caused by the Proprietor himself or one of his staff. 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 the items usually given into safekeeping by the 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 upon becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the date of 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 shall not be liable for slight negligence, with the exception of personal injury.

12.2 If the Party is an Entrepreneur, the Proprietor shall not be liable for slight and gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage 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 Animal husbandry

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the Proprietor and against additional remuneration. The pet owner shall bring the pet its own basket or blanket and appropriate food itself.

13.2 The Party taking an animal with it 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 own expense.

13.3 The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.

13.4 The Party 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 any compensation payments to be made by the Proprietor to third parties.

13.5 Animals shall not be allowed in the lounges, public rooms, restaurant rooms, pool and wellness areas.

§ 14 Extension of the accommodation

14.1 The Party shall not be entitled to have its 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 make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that 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 fixed term, it shall end upon expiry of the term.

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-utilisation of its service offer or what it has obtained by letting the booked rooms to other parties. A saving shall only be deemed to exist if the accommodation provider is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.

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

15.4 If the Accommodation Agreement has been concluded for an indefinite period of time, the Parties may terminate the Agreement until 10.00 a.m. of the third day before 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 Guest

1.a. makes a considerably disadvantageous use of the Premises or causes distress to the other Guests, the Owner, his staff or third parties living in the accommodating establishment by his inconsiderate, offensive or otherwise grossly improper behaviour or is guilty of a punishable offence against property, morality or physical safety towards these persons;

1.b. is afflicted with a contagious disease or a disease which extends beyond the period of occupancy or otherwise becomes in need of care;

1.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 terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be 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 upon the Guest’s request. If there is imminent danger, the Proprietor shall arrange for medical care even without the specific request of the Guest, in particular if this is necessary and the Guest is not able to do so himself/herself.

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 claim 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 costs, 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 these have been contaminated or damaged in connection with the illness or death,

e) room rent, insofar as the room was occupied by the guest, plus any days during which the room was unusable due to disinfection, evacuation or similar,

f) any other damages incurred by the Proprietor.

§ 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: Ramsau im Zillertal.

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) 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 registered office of the Proprietor, whereby 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 Agreement was concluded with a Party who is a consumer and has his or her place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having exclusive local and subject-matter jurisdiction for the place of residence of the consumer shall have jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, a time limit shall begin to run upon delivery of the document setting the time limit to the parties to the contract who must observe the time limit. If a time limit is calculated in days, the day in which the time or event falls on which the beginning of the time limit is to be based shall not be counted. 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 is decisive.

18.2 Declarations shall be received by the other Party in writing 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 recognised by the Proprietor.

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