GENERAL TERMS AND CONDITIONS FOR 

WEIDESUITES Stubaital - Adults Only
Weide 21
6141 Schönberg im Stubaital
Österreich

(according to AGBH 2006) Version of 15 November 2006

§ 1 Scope of Application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated 23 September 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed arrangements.

§ 2 Definitions

2.1 Definitions: “Accommodation Provider”: A natural or legal person who accommodates guests against payment. “Guest”: A natural person who makes use of accommodation. The guest is generally the contractual partner. Persons travelling with the contractual partner (e.g., family members, friends) are also considered guests. “Contractual Partner”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest. “Consumer” and “Entrepreneur”: These terms are understood within the meaning of the Austrian Consumer Protection Act (KSchG) 1979 as amended. “Accommodation Contract”: The contract concluded between the accommodation provider and the contractual partner, the contents of which are regulated below.

§ 3 Conclusion of Contract – Advance Payment

3.1 The accommodation contract is concluded when the accommodation provider accepts the contractual partner’s booking. Electronic declarations are deemed received when they can be retrieved by the party for whom they are intended under normal circumstances and during the published business hours of the accommodation provider.

3.2 The accommodation provider may conclude the contract under the condition that the contractual partner pays an advance payment. In this case, the accommodation provider must inform the contractual partner of the required advance payment before accepting the booking (written or oral). If the contractual partner agrees to the advance payment (in writing or verbally), the contract is concluded upon receipt of this declaration of consent by the accommodation provider.

3.3 The contractual partner must pay the advance payment no later than 7 days before the accommodation date (date of receipt). The contractual partner bears all costs associated with the money transfer (e.g., bank transfer fees). The terms of the respective card companies apply to credit and debit cards.

3.4 The advance payment constitutes a partial payment of the agreed total amount.

§ 4 Beginning and End of Accommodation

4.1 Unless another check‑in time is offered, the contractual partner has the right to occupy the rented rooms from 3:00 p.m. on the agreed arrival day.

4.2 If a room is used for the first time before 6:00 a.m., the previous night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contractual partner by 10:00 a.m. on the departure day. The accommodation provider may charge an additional day if the rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee Withdrawal by the Accommodation Provider

5.1 If the contract provides for an advance payment and the contractual partner has not paid it on time, the accommodation provider may withdraw from the contract without granting an additional grace period.

5.2 If the guest does not arrive by 8:00 p.m. on the agreed arrival day, the accommodation provider is not obliged to provide accommodation unless a later arrival time has been agreed.

5.3 If the contractual partner has made an advance payment (see 3.3), the rooms remain reserved until 10:00 a.m. on the day after the agreed arrival day. If more than four days have been prepaid, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, counting the arrival day as the first day, unless the guest announces a later arrival.

5.4 The accommodation provider may terminate the contract unilaterally, for objectively justified reasons, up to 3 months before the agreed arrival date, unless otherwise agreed. Withdrawal by the Contractual Partner – Cancellation Fee

5.5 The contractual partner may terminate the accommodation contract unilaterally without payment of a cancellation fee up to 14 days before the agreed arrival date.

5.6 Outside the period defined in § 5.5, unilateral withdrawal is only possible under payment of the following cancellation fees: – Within 14 days before arrival: 100% of the total arrangement price – Until 14 days before arrival: no cancellation fee – Within 14 days: 100% Impediments to Arrival

5.7 If the contractual partner cannot arrive due to unforeseeable extraordinary circumstances that make all arrival options impossible, no payment is due for the arrival day(s).

5.8 The payment obligation resumes once arrival becomes possible again, provided this occurs within three days.

 § 6 Rights of the Contractual Partner

6.1 By concluding the accommodation contract, the contractual partner obtains the right to the usual use of the rented rooms, the facilities typically made available to guests, and standard service. All rights must be exercised in accordance with any hotel or guest rules (house rules).

§ 7 Obligations of the Contractual Partner

7.1 The contractual partner must pay the agreed amount, including additional charges for separately requested services and applicable VAT, no later than upon departure.

7.2 The accommodation provider is not obliged to accept foreign currencies. If accepted, they will be converted at the daily rate where possible. All related costs (e.g., inquiries with card companies, telegrams) are borne by the contractual partner.

7.3 The contractual partner is liable to the accommodation provider for any damage caused by the contractual partner, the guest, or third parties who use the provider’s services with the knowledge or intention of the contractual partner.

§ 8 Rights of the Accommodation Provider

8.1 If the contractual partner refuses or delays payment, the accommodation provider has a statutory right of retention (§ 970c ABGB) and a statutory lien (§ 1101 ABGB) on items brought by the contractual partner or guest.

8.2 If service is requested in the contractual partner’s room or at unusual hours (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider may charge an extra fee, which must be displayed. The accommodation provider may decline such services for operational reasons.

8.3 The accommodation provider may issue an invoice or interim invoice at any time.

§ 9 Obligations of the Accommodation Provider

9.1 The accommodation provider must provide the agreed services to the standard customary for such establishments.

9.2 Chargeable additional services not included in the accommodation price must be listed.

§ 10 Liability of the Accommodation Provider for Items Brought In

10.1 The accommodation provider is liable under §§ 970 ff ABGB for items brought in by the contractual partner. Liability exists only if items are handed over to the provider, authorised persons, or placed at an instructed or designated location. Unless the provider proves otherwise, liability covers the provider’s own fault, the fault of its staff, and incoming/outgoing persons. Liability is limited to the statutory maximum set by the Federal Act of 16 November 1921 on Innkeepers’ Liability. If the guest fails to follow a request to store items in a designated location, the provider is released from liability. Maximum liability is capped at the provider’s insurance coverage amount. Any contributory negligence by the contractual partner or guest must be considered.

10.2 The accommodation provider may refuse storage of valuables, money, and securities if they are significantly more valuable than items typically entrusted in such establishments.

§ 11 Animals

11.1 Animals may not be brought into the accommodation facility.

§ 12 Extension of Accommodation

12.1 The contractual partner has no entitlement to an extension. If notified in time, the accommodation provider may agree, but is not obliged to do so.

12.2 If departure is impossible due to extraordinary circumstances (e.g., extreme snowfall, flooding), the contract is automatically extended until departure is possible. A price reduction is only possible if services cannot be used in full due to the circumstances. The accommodation provider may charge at least the usual season rate.

§ 13 Termination of the Accommodation Contract – Early Dissolution

13.1 If concluded for a fixed term, the contract ends upon expiry.

13.2 If concluded for an indefinite period, either party may terminate the contract until 10:00 a.m. on the third day before the intended end.

13.3 The accommodation provider may terminate the contract with immediate effect if the contractual partner or guest:

13.3.1 makes significantly detrimental use of the premises or behaves inconsiderately, offensively, or grossly improperly, disturbing other guests, the owner, staff, or residents, or commits a punishable act against property, morality, or physical safety;

13.3.2 suffers from a contagious disease or an illness extending beyond the stay, or otherwise becomes in need of care;

13.3.3 fails to pay due invoices within a reasonable period (3 days).

13.4 If fulfilment becomes impossible due to force majeure (e.g., natural disasters, strike, lockout, official orders), the provider may terminate the contract at any time without notice. Damage claims by the contractual partner are excluded.

§ 14 Illness or Death of the Guest

14.1 If a guest becomes ill, the provider will arrange medical care upon request; in emergencies, even without request.

14.2 If the guest cannot make decisions and relatives cannot be contacted, the provider will arrange medical care at the guest’s expense until the guest can decide or relatives have been notified.

14.3 The provider may claim compensation from the contractual partner, guest, or their legal successors for:

14.3.1 medical costs, transport, medication, aids

14.3.2 disinfecting of rooms

14.3.3 unusable laundry, bedding, furnishings, or their cleaning/disinfection

14.3.4 restoration of walls, furniture, carpets, etc.

14.3.5 room charges for occupied days plus downtime for disinfection or clearing

14.3.6 any other damages incurred

§ 15 Place of Performance, Jurisdiction, Choice of Law

15.1 Place of performance is the location of the accommodation facility.

15.2 This contract is governed by Austrian substantive and procedural law, excluding conflict‑of‑law rules (especially IPRG and Rome Convention) and CISG.

15.3 In business‑to‑business transactions, exclusive jurisdiction lies with the court at the provider’s seat; however, the provider may also bring claims before any other competent court.

15.4 If the contractual partner is a consumer resident in Austria, actions against the consumer may only be brought at the consumer’s residence, habitual residence, or place of employment.

15.5 If the contractual partner is a consumer resident in an EU Member State (except Austria), Iceland, Norway, or Switzerland, only the court competent for the consumer’s residence has jurisdiction.

§ 16 Miscellaneous

16.1 Unless otherwise provided, periods begin upon delivery of the document ordering the period. If calculated in days, the day on which the event occurs is not counted. For weeks or months, the relevant date is the day corresponding to the starting date; if such date does not exist, the last day of the month applies.

16.2 Declarations must be received by the other party by 24:00 on the last day of the period.

16.3 The accommodation provider may set off claims against claims of the contractual partner. The contractual partner may not set off claims unless the provider is insolvent or the contractual partner’s claim is legally established or acknowledged.

16.4 In case of regulatory gaps, the relevant statutory provisions apply.

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