Cancellation policy


GENERAL TERMS AND CONDITIONS OF BUSINESS FOR HOTEL “DIE POST” OF FAMILIE RONACHER GMBH IN BAD KLEINKIRCHHEIM, BASED ON THE GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE HOTEL TRADE DATED 2006 (AGBH 2006):

Version dated 10.07.2014


Table of contents

§ 1 Validity
§ 2 Definition of terms
§ 3 Conclusion of an agreement – deposit
§ 4 Commencement and termination of accommodation
§ 5 Withdrawal from the accommodation agreement – cancellation fee
§ 6 Provision of substitute 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 guests’ property
§ 12 Liability limitations
§ 13 Keeping of pets
§ 14 Extension of accommodation
§ 15 Premature termination of the accommodation agreement
§ 16 Illness or death of a guest in the accommodation agreement
§ 17 Place of performance, place of jurisdiction and governing law
§ 18 Miscellaneous

§ 1 Validity
1.1 These general terms and conditions of business for Familie Ronacher GmbH (hereinafter referred to as General Terms and Conditions) replace the previous General Terms and Conditions.

1.2 The General Terms and Conditions do not exclude special arrangements. The General Terms and Conditions are subsidiary to agreements made on an individual basis.


§ 2 Definition of terms

2.1 Definition of terms:

“Accommodation provider”: Is a natural person or legal entity that accommodates guests for remuneration.

“Guest”: Is a natural person who makes use of the accommodation. The guest is generally at the same time a contracting party. Persons arriving in the company of the contracting party (e.g. family members, friends, etc.) are also classified as guests.

“Contracting party”: Is a natural person or legal entity from the country of the accommodation provider or from abroad who concludes an accommodation agreement as a guest or on behalf of a guest.

“Consumer” and “entrepreneur”: The terms are to be understood in the sense of the consumer protection law of 1979 as amended.

“Accommodation agreement”: Is the agreement concluded between the accommodation provider and the contracting party, the content of which is regulated in further detail below.

 

§ 3 Conclusion of an agreement deposit

3.1 The accommodation agreement becomes effective as the result of the accommodation provider accepting the purchase order of the contracting party. Electronic declarations are regarded as having been delivered when the party for whom they are intended can retrieve them under normal circumstances, and receipt takes place during the accommodation provider’s advertised business hours.

 

3.2 The accommodation provider is entitled to conclude the accommodation agreement on the condition that the contracting party makes an deposit. In this event, the accommodation provider is obliged to make the contracting party aware of the required deposit before accepting the written or oral purchase order from the contracting party. In the event that the contracting party agrees to the deposit (in writing or orally), the accommodation agreement becomes effective on receipt by the accommodation provider of the declaration of consent of the contracting party regarding payment of the deposit.

 

3.3 The contracting party is obliged to make the deposit at the latest 14 days (receipt) before the starting date of accommodation. The contracting party bears the costs of the financial transaction (e.g. transfer charges). The respective conditions of card companies apply to credit and debit cards.


3.4 The deposit is a partial payment in respect of the agreed remuneration.


§ 4 Commencement and termination of accommodation

4.1 The contracting party is entitled to occupy the rented accommodation from 4 p.m. on the agreed day (“day of arrival”), unless the accommodation provider offers a different occupancy time.


4.2 If a room is occupied for the first time before 6 a.m. in the morning, the previous night counts as the first overnight stay.

 

4.3 The contracting party must vacate the rented accommodation by 11 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented accommodation is not vacated in good time.

 

§ 5 Withdrawal from the accommodation agreement cancellation fee and withdrawal by the accommodation provider

5.1 If the accommodation agreement specifies a deposit, and the contracting party has not paid the deposit on time, the accommodation provider is entitled to withdraw from the accommodation agreement, without allowing any deadline extension.

 

5.2 In the event that the guest does not appear by 6 p.m. on the agreed day of arrival, the accommodation provider shall not be obliged to accommodate the contracting party, unless a later time of arrival has been arranged.

 

5.3 If on the other hand the contracting party has paid a deposit (see 3.3), the accommodation shall remain reserved until 12 midday of the day following the arranged day of arrival. If a deposit has been paid for more than four days, the obligation to provide accommodation shall end from 6 p.m. on the fourth day, with the day of arrival counting as the first day, unless the guest announces a later day of arrival.


5.4 The accommodation provider can dissolve the accommodation agreement by means of a unilateral declaration for objectively justifiable reasons until three (3) months before the arranged day of arrival, unless otherwise agreed. Objectively justified reasons are constituted in particular in the event that force majeure or other circumstances beyond the control of the hotel render fulfilment of the agreement impossible, or there are reasonable grounds for believing that the accommodation arrangement would endanger the smooth operation of the business, the safety or the public reputation of the hotel.

 

Withdrawal by the contracting party cancellation fee

5.5 The contracting party can withdraw from the accommodation agreement by unilateral declaration up to four (4) weeks before the agreed day of arrival, without having to pay a cancellation fee.

 

5.6 Beyond the period of time specified in § 5.5, the contracting party can only dissolve the accommodation agreement by unilateral declaration by paying the following cancellation fees:

- 4 to 1 week(s) before the day of arrival 70 % of the full arrangement price;

- in the last week before the day of arrival 90 % of the full arrangement price.

There is no right of withdrawal according § 11 Abs. 1 FAGG.

 

Delayed arrival

5.7 If the contracting party is not able to appear at the hotel premises on the day of arrival due to unforeseeable exceptional circumstances (e.g. as the result of extreme snow fall, floods, etc.) rendering all means of transport impossible, the contracting party is not obliged to pay the agreed remuneration for the arrival days.

 

5.8 The duty of payment for the booked stay comes into effect again if arrival becomes possible again within three days.

 

§ 6 Provision of substitute accommodation

6.1 The accommodation provider can provide the contracting party or guests adequate substitute accommodation (of the same quality), if this is reasonable for the contracting party, especially if the discrepancy is slight and objectively justified.

 

6.2 An objective justification exists if the room,

(the rooms) has (have) become unusable, guests already accommodated extend their stay, an overbooking situation exists, or other important operational measures make this step necessary.

 

6.3 Any additional expenditure in respect of the substitute accommodation is to be borne by the accommodation provider.

 

§ 7 Rights of the contracting party

7.1 By concluding an accommodation agreement, the contracting party acquires the right to the usual use of the rented room(s), the facilities of the hotel which are normally accessible to guests for use without special conditions and the right to the usual service. The contracting party has to exert his/her rights in accordance with any hotel and/or guest guidelines (rules of the house).

 

§ 8 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed remuneration at the latest at the time of departure plus any additional charges which have been incurred due to him/her and/or the guests accompanying him/her having made use of special services.

8.2 The accommodation provider is not obliged to accept foreign currencies. In the event that he accepts foreign currencies, these are to be paid as far as possible in accordance with the daily exchange rate.  If the accommodation provider accepts foreign currencies or non-cash means of payment, the contracting party bears all costs associated therewith, such as those incurred by enquiries with credit card companies, telegrams, etc.

 

8.3 The contracting party is liable to the accommodation provider for any damage which he/she or the guest or other persons making use of the services of the accommodation provider cause with the knowledge or intention of the contracting party.

 

§ 9 Rights of the accommodation provider

9.1 In the event that the contracting party refuses payment of the agreed remuneration or is in arrears therewith, the accommodation provider is entitled to make use of the statutory right of retention in accordance with § 970c ABGB and the statutory right of lien in accordance with § 1101 ABGB with respect to the property of the contracting party and/or guest. Furthermore the accommodation provider is entitled to the right of retention or right of lien to secure his claim from the accommodation agreement, in particular for boarding, other expenditure incurred on behalf of the contracting party, and for any kind of damage claims.

 

9.2 If service is requested in the room of the contracting party or is requested at unusual times (after 8 p.m. and before 7 a.m.), the accommodation provider shall be entitled to demand a special supplement in respect of this. This special supplement must, however, be indicated on the room price table. The accommodation provider can also refuse to provide these services for operational reasons.

 

9.3 The accommodation provider is entitled to invoice the contracting party in respect of his services at any time, including issuing interim invoices.

 

§ 10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to an extent appropriate to his particular standard.

10.2 Special services of the accommodation provider which are subject to price labelling and are not included in the price of accommodation, are for example:

a) Special accommodation services which are invoiced separately may be: the provision of seminar rooms, wellness treatments, solarium, garaging, etc.;

b) A discounted price is invoiced for providing children’s beds.

 

§ 11 Liability of the accommodation provider for damage to property brought in

11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for property brought in by the contracting party. The accommodation provider is only liable if the property was brought to the accommodation provider, or to those persons authorised by him, or to a place designated for this purpose. Unless the accommodation provider produces evidence to the contrary, the accommodation provider is liable for his own negligence or the negligence of his authorised persons and that of persons entering and leaving the accommodation. The accommodation provider is liable in accordance with § 970 Abs 1 ABGB up to a maximum of the amount specified in the applicable version of the federal law dated 16 November 1921 regarding the liability of hoteliers and other entrepreneurs.

If the contracting party or guest does not comply with the request of the accommodation provider to keep his property in a specially designated place, the accommodation provider is released from all liability. The level of any liability on the part 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 is to be taken into account.

 

11.2 Liability on the part of the accommodation provider is excluded for slight negligence. If the contracting party is an entrepreneur, liability is excluded for gross negligence as well. In such a case the burden of establishing guilt shall be on the contracting party. Consequential damage or indirect damage as well as loss of profits will not be indemnified in any event.

 

11.3 In the case of valuables, money and securities, the accommodation provider is only liable for an amount up to currently € 550,--. The accommodation provider is only liable for damage in excess of this amount if he accepted these things for deposit, knowing the nature and condition, or in the event that the damage was caused by himself or by one of his people. The  limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.

 

11.4 The accommodation provider may refuse to deposit valuables, money and securities, if the items are significantly more valuable than those usually deposited by guests of the accommodation provider for safe keeping.

 

11.5 Liability for the safekeeping assumed shall in any case be excluded, if the contractual party and/or guest fails to notify the accommodation provider immediately after he has learned about the damage. Furthermore such claims shall be asserted in court by the contracting party or guest within three years of their knowledge or possible knowledge; otherwise the right shall expire.

 

§ 12 Liability limitations

12.1 If the contractual party is a consumer, the liability of the accommodation provider for slight negligence is excluded, excepting personal injury.

 

12.2 If the contractual party is an entrepreneur, the liability of the accommodation provider is excluded for slight negligence, excepting personal injury. In this case the burden of establishing guilt shall be on the contracting party. Consequential damage, non-material damage or indirect damage as well as loss of profits shall not be indemnified.

The damage to be indemnified shall in any event be limited to the amount of the damage incurred because the partner has relied on the validity of the agreement (Vertrauensinteresse).

 

§ 13 Keeping of pets

13.1 Pets may only be brought into the accommodation after the consent of the accommodation provider has been obtained and in all events for a special charge.

 

13.2 A contracting party bringing a pet with it is obliged to look after and supervise it appropriately during the stay or to have it kept safe and supervised by a third party at its own expense.

 

13.3 A contracting party or guest bringing a pet with it must be in possession of an appropriate pet liability insurance policy covering damage incurred by pets. Proof of the corresponding insurance must be produced in the event that the accommodation provider requests it.

 

13.4 The contracting party and/or the insurance company are jointly and severally liable towards the accommodation provider for any damage caused by pets brought along. In particular, such damage shall also include any compensation to be paid by the accommodation provider to third parties.

 

13.5 Pets are not permitted in the restaurant, in wellness areas and on the sun meadow.

 

§ 14 Extension of accommodation

14.1 The contracting party has no right to his stay being extended. If the contracting party expresses his desire to extend his stay in good time, the accommodation provider may agree to an extension of the accommodation agreement. However, the accommodation provider is not obliged to do so.

 

14.2 If the contracting party is not able to leave the accommodation on the day of departure because all departure routes are blocked or cannot be used due to unforeseeable circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation agreement is automatically extended for the length of time during which departure remains impossible. A price reduction for this period is only possible in all events, if the contracting party is not able to make full use of the services offered by the accommodation provider as a result of exceptional weather conditions. The accommodation provider is entitled to charge at least the price corresponding to that normally charged during the low season.

 

§ 15 Premature termination of the accommodation agreement

15.1 If the accommodation agreement was concluded for a certain period of time, it terminates when this period of time comes to an end.

 

15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full remuneration agreed. The accommodation provider will deduct any savings made as a result of non-utilisation of the range of services or what he has received as the result of letting the reserved rooms to other guests. A price deduction is only possible if the hotel accommodation is fully booked at the time of non-utilisation of rooms reserved by the guest, and the rooms can be let to other guests as a result of the cancellation by the contracting party. The burden of proof is on the contracting party.

 

15.3 The agreement with the accommodation provider ends in the event that the guest dies.

 

15.4 If the accommodation agreement was concluded for an indefinite period, the contracting parties can terminate the agreement until 10 a.m. on the third day before the intended term of the agreement.

 

15.5 The accommodation provider is entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contracting party and/or guest:

a) uses the rooms in an inconsiderate way or spoils the collective living experience of other guests, the accommodation provider, his vicarious agents or of third parties living in the accommodation as a result of his ruthless, objectionable or otherwise inappropriate behaviour (such as insults and/or swearing) or commits an act which endangers the property, morality or physical safety of these persons;

b) contracts a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;

c) fails to settle the presented invoices when they become payable within a reasonable period of time (3 days).

 

15.6 If fulfilment of the agreement becomes impossible due to circumstances deemed to be events of force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the accommodation provider can dissolve the accommodation agreement at any time, without giving prior notice, unless the agreement is already deemed terminated under the law, or the accommodation provider is released of its obligation to accommodate the party. Any claims for damages, etc. by the contracting party shall be excluded.


§ 16 Illness of death of a guest

16.1 If a guest becomes ill during his/her stay in the accommodation, the accommodation provider shall arrange for medical care at the request of the guest.

Should there be imminent danger, the accommodation provider will arrange medical care without the guest having requested it, especially when this is necessary, and the guest is not able to do so of his/her own accord.

 

16.2 As long as the guest is not able to make decisions, or it is not possible to contact the guest’s next of kin, the accommodation provider will arrange for medical care at the guest's expense. However, the extent of such care measures shall terminate when the guest is able to make decisions, or the next of kin has/have been informed regarding the illness.

 

16.3 In particular, the accommodation provider shall be entitled to indemnification of expenses from the contracting party and the guest or, in the event of death, from their legal successor for the following costs:

a) unsettled medical costs, costs for ambulance transportation, medication and medical aids

b) any disinfection of rooms which has become necessary,

c) laundry which has become unusable, bed linen and bedstead, or for disinfection or thorough cleaning of all these items of equipment,

d) Restoration of walls, furniture, carpets, etc. to the extent that these were contaminated or damaged as a result of the illness or death,

e) Rent for the room provided that it was occupied by the guest plus any days of non-utilisation due to disinfection, clearing or the like,

f) any other damage caused to the accommodation provider.

 

§ 17 Place of performance, place of jurisdiction and governing law

 

17.1 The place of performance is the place where the accommodation is located.

 

17.2 This agreement is subject to Austrian formal and substantive law, excluding the provisions of international private law (particularly IPRG and EVÜ) as well as the UN convention on the international sales of goods.

 

17.3 If the contracting party is an entrepreneur, the exclusive place of jurisdiction shall be the domicile of the accommodation provider. However the accommodation provider shall be entitled to assert its rights before any other court that is competent for the location and matter.

 

17.4 If the accommodation agreement was concluded with a contracting party who is a consumer and has his normal place of residence or domicile inAustria, claims against the consumer can be lodged exclusively at the place of domicile, normal place of residence or at the place of employment of the consumer.

 

17.5 If the accommodation agreement was concluded with a contracting party who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the local court that is competent for the domicile of the consumer in the event of claims against the consumer in the relevant matter shall have exclusive jurisdiction.

 

§ 18 Miscellaneous

18.1 Unless explicitly otherwise specified, Familie Ronacher GmbH employs exclusively professionally qualified masseurs (both male and female). These are permitted to provide exclusively massages designed to maintain general wellbeing and for sports purposes. Professional masseurs are not permitted to carry out healing treatments and massages on persons who are ill. Guests are thus obliged to inform the masseur of any illness of any kind before a massage is carried out.

 

18.2 Unless otherwise specified in the above provisions, any time limits shall start on delivery to the contracting parties of the document in which any such time limit is specified for the contracting parties concerned. When calculating a time limit based on days, the day of the moment or event to which the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be calculated according to its name or number. If this day is missing from the month, the last day of this month shall be decisive.

 

18.3 Declarations must have been delivered to the respective other contracting party on the last day of the time limit (24 hours).

 

18.4 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, the claim of the contracting party has been legally determined or accepted by the accommodation provider.

18.5 In the event of any regulatory loopholes, the corresponding statutory provisions shall apply.