General Terms and Conditions in accordance with the Austrian Hotel Contract Conditions
Your contracting party:
Municipality of Weyregg am Attersee
Weyreggerstraße 69
4852 Weyregg am Attersee
+43 (0) 7664 / 2255
camping@weyregg.ooe.gv.at
www.camping-weyregg.at
Email: camping-weyregg@weyregg.ooe.gv.at
Table of contents
§ 1 Scope
§ 2 Definitions
§ 3 Conclusion of contract – deposit/early booking discount (hotel); cancellation protection/early booking discount (camping)
§ 4 Start and end of 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 items brought in
§ 12 Limitations of liability
§ 13 Keeping animals
§ 14 Extension of accommodation
§ 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
§ 19 Right of withdrawal information and form
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter
“AGBH 2006”) replace the previous ÖHVB as amended on September 23,
1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006
are subsidiary to agreements made in individual cases.
§ 2 Definitions
2.1 Definitions:
“Accommodation provider”: A natural or legal person who accommodates guests for payment.
“Guest”: A natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Guests also include those persons who travel with the contracting party (e.g. family members, friends, etc.).
“Contracting party”: A natural or legal person in 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 within the meaning of the Consumer Protection Act 1979 as amended.
“Accommodation contract”: 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 – deposit/early booking discount (hotel); cancellation protection/early booking discount (camping)
3.1 The accommodation contract is concluded when the accommodation provider accepts the contracting party’s booking. Electronic declarations are deemed received when the party for whom they are intended can retrieve 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 pays a deposit or the total amount with a 5% early booking discount (hotel) or cancellation protection or the total amount with a 5% early booking discount (camping). As soon as payment has been received by the accommodation provider, the accommodation contract is deemed confirmed. If no payment is received within the specified period, the accommodation provider has the right to terminate the contract without stating reasons.
3.3 The contracting party is obliged to make payment no later than 14 days after receiving the booking confirmation. The contracting party bears the costs of the money transfer (e.g. bank transfer fees). For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 For hotel bookings where a deposit is paid, this is deemed a part payment of the agreed fee.
The early booking discount applies to both camping and hotel bookings and can be selected for bookings made up to 2 months before arrival. With this option, the total amount less the 5% must be paid immediately.
Cancellation protection, which can only be selected for camping, is an additional service that can be chosen and cannot be credited as a part payment.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 2:00 PM on the agreed day (“day of arrival”).
4.2 If a room is used for the first time before 10:00 AM, the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated on time.
§ 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 deposit has not been paid by the contracting party on time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not appear by 7:00 PM on the agreed day of arrival, there is no obligation to provide accommodation unless a later time of arrival has been agreed.
5.3 Up to no later than 3 months before the contracting party’s agreed day of arrival, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration, unless otherwise agreed.
Withdrawal by the contracting party at “Municipality of Weyregg am Attersee” – cancellation fee
5.4 If the deposit option was selected, withdrawal by unilateral declaration of the contracting party is only possible subject to the following cancellation conditions:
– up to 1 month before the day of arrival, the deposit will be refunded less a €10 processing fee;
– from 1 month before the start of the holiday, the entire deposit will be retained;
– from 14 days before the start of the holiday, in the event of no-show or early departure, the accommodation fee for the entire period will be charged.
For the early booking discount option, the following conditions apply: Non-refundable – in the event of cancellation, no-show or early departure, the total amount will be retained.
5.5 Bookings at our hotel “Zum Sigismund” are excluded from the conditions described in §5.4. The following provisions apply there:
– the total amount must be transferred in advance;
– In the event of cancellation, no-show or early departure, the amount will not be refunded.
Withdrawal by the contracting party at the campsite – cancellation fee
5.6 For the early booking discount option, the following conditions apply: Non-refundable – in the event of cancellation, no-show or early departure, the total amount will be retained.
If you pay for cancellation protection, you can leave early without giving reasons or cancel free of charge up to the day of arrival. A cancellation is required for the insurance to take effect; in the event of a no-show without cancellation, the first night of the booking will be charged.
5.7 If the contracting party cannot arrive at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay resumes once arrival is possible again, provided arrival becomes possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party and/or the 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 Objective justification exists, for example, if the room(s) have become unusable, guests already accommodated extend their stay, overbooking exists, 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 customary use of the rented rooms, the facilities of the accommodation establishment that are usually and without special conditions accessible to guests for use, and to customary service.
The contracting party must exercise their rights in accordance with any 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 incurred due to separate use of services by them and/or the guests accompanying them, plus statutory VAT, no later than 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 accepted as payment at the daily exchange rate where possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party bears all related 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 or the guest or other persons who, with the knowledge or will of the contracting party, receive services from the accommodation provider.
§ 9 Rights of the accommodation provider
9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contracting party or the guest.
This right of retention or lien also serves to secure the accommodation provider’s claim arising from the accommodation contract, in particular for catering, other expenses incurred for the contracting party, and any claims for compensation of any kind.
9.2 If 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 is entitled to charge a special fee for this. However, this special fee must be shown on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to invoice its services at any time or to issue interim invoices.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the accommodation provider that are subject to mandatory price display and are not included in the accommodation fee include, for example:
a) special accommodation services that can be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;
b) a reduced price is charged for the provision of extra beds or children’s beds.
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for items brought in by the contracting party. The accommodation provider is only liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or brought to a place designated or specified by them. If the accommodation provider cannot provide proof, the accommodation provider is liable for its own fault or the fault of its staff as well as persons entering and leaving. Pursuant to § 970 para. 1 ABGB, the accommodation provider is liable up to the amount set out in the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended from time to time. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their items in a special place of safekeeping, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault 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 an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits are not compensated under any circumstances.
11.3 For valuables, money and securities, the accommodation provider is only liable up to the current amount of €550. The accommodation provider is only liable for damage exceeding this amount if it accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider itself or one of its staff. The limitation of liability pursuant to 12.1 and 12.2 applies mutatis mutandis.
11.4 The accommodation provider may refuse to accept valuables, money and securities for safekeeping if they are significantly more valuable items than guests of the accommodation establishment in question usually deposit for safekeeping.
11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not notify the accommodation provider immediately upon becoming aware of the damage. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; 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 is excluded, with the exception of personal injury.
12.2 If the contracting party is an entrepreneur, 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 damage to be compensated is limited to the amount of the reliance interest.
§ 13 Keeping animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, against a special fee.
13.2 The contracting party who brings an animal is obliged to keep and/or supervise this animal properly during their stay, or to have it kept and/or supervised at their expense by suitable third parties.
13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the accommodation provider’s request.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for the damage caused by animals brought along. The damage includes, in particular, any compensation payments that the accommodation provider must make to third parties.
13.5 Animals are not permitted in lounges, function rooms, restaurant areas and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no entitlement to an extension of their stay. If the contracting party announces their wish to extend their stay in good time, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation establishment 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 low season.
§ 15 Termination of the accommodation contract – early termination
15.1 If the accommodation contract was concluded for a fixed period, it ends upon expiry of that period.
15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what it has saved due to non-use of its services or what it has received through renting the ordered rooms to others. Savings only exist if the accommodation establishment is fully booked at the time the guest does not use the rooms ordered and the room can be rented to other guests due to the contracting party’s cancellation. The contracting party bears the burden of proof of the savings.
15.3 The death of a guest ends the contract with the accommodation provider.
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, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through inconsiderate, offensive or otherwise grossly improper behaviour, makes cohabitation unbearable for the other guests, the owner, their staff or third parties residing in the accommodation establishment, or commits a criminal offence against property, morality or physical safety against these persons;
b) is affected by a contagious disease or an illness that extends beyond the duration of accommodation, or otherwise becomes in need of care;
c) does not pay the invoices presented when due within a reasonable period set (3 days).
15.6 If performance of the contract becomes impossible due to an event deemed 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 deemed terminated by law or the accommodation provider is released from its 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 will arrange medical care at the guest’s request. If there is imminent danger, the accommodation provider will arrange medical care even without a specific request from the guest, in particular if this is necessary and the guest is not able to do so themselves.
16.2 As long as the guest is not able to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest’s expense. However, the scope of these care measures ends at the time the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for reimbursement against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs:
a) outstanding doctor’s fees, costs for patient transport, medicines and medical aids
b) necessary room disinfection,
c) laundry, bed linen and bed furnishings rendered unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,
e) room rent, insofar as the room was used by the guest, plus any days the rooms cannot be used due to disinfection, clearing out 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 place where the accommodation establishment is located.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3 In bilateral transactions between entrepreneurs, the exclusive place of jurisdiction is the registered office 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 contracting party who is a consumer and has their domicile or habitual residence in Austria, actions 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 (excluding Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s domicile has exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a time limit begins to run upon service of the document ordering the time limit on the contracting parties who must observe the time limit. When calculating a time limit determined by days, the day on which the time or event occurs that is to determine the start of the time limit is not counted. Time limits determined by weeks or months refer to the 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 of that month is decisive. 18.2 Declarations must be received by the other contracting party on the last day of the time limit (24:00).
18.3 The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its own claims against claims of the accommodation provider 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 regulatory gaps, the relevant statutory provisions apply.
§ 19 Right of withdrawal information and form
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us
Municipality of Weyregg am Attersee
Weyreggerstraße 69
4852 Weyregg am Attersee
+43 (0) 7664 / 2255
camping@weyregg.ooe.gv.at
www.camping-weyregg.at
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract.
You may use the following sample withdrawal form for this purpose, but it is not mandatory:
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, characteristics and functioning of the goods.