General Terms and Conditions and Cancellation Terms and Conditions

For "Die Post" hotel of Familie Ronacher GmbH in Bad Kleinkirchheim, on the basis of the General Terms and Conditions for the Hotel Trade from 2006 (GTCH 2006):

Version as of 10.07.2014

Overview of contents

Sect. 1 Scope of application

Sect. 2 Definition of terms

Sect. 3 Contract conclusion – Deposit

Sect. 4 Start and end of accommodation

Sect. 5 Withdrawal from accommodation contract – cancellation fee

Sect. 6 Provision of alternative accommodation

Sect. 7 Rights of the contractual partner

Sect. 8 Obligations of the contractual partner

Sect. 9 Rights of the accommodation provider

Sect. 10 Obligations of the accommodation provider

Sect. 11 Liability of the accommodation provider for damages to property brought in

Sect. 12 Limitation of liability

Sect. 13 Keeping pets

Sect. 14 Extension of accommodation period

Sect. 15 Termination of the accommodation contract – early

Sect. 16 Illness or death of the guest in the accommodation contract

Sect. 17 Place of fulfilment, place of jurisdiction and choice of law

Sect. 18 Miscellaneous

Sect. 1 Scope of application

1.1 These General Terms and Conditions for Familie Ronacher GmbH (subsequently "GTC") replace the previous General Terms and Conditions.

1.2 The GTCs do not exclude special agreements. The GTCs are subsidiary to individual agreements.

Sect. 2 Definition of terms

2.1 Definition of terms:

"Accommodation provider": Is a natural or legal person, who accommodates guests for payment.

"Guest": Is a natural person who uses the accommodation. The guest is usually also the contractual partner. People who travel with the contractual partner also count as guests (e.g. family members, friends etc.)

"Contractual partner": Is a natural or legal person from inland or abroad, who concludes an accommodation contract as a guest or for a guest.

"Consumer" and "Contractor": The terms are to be understood in the sense of the consumer protection law of 1979 in the respective valid version.

"Accommodation contract": Is the contract drawn up between the accommodation provider and the contractual partner, the content of which is detailed below.

Sect. 3 Contract conclusion – Deposit

3.1 The accommodation contract arises when the accommodation provider accepts the order of the contractual partner. Electronic declarations are considered received when the party that they are intended for can call these up under the usual circumstances, and these are received during the announced business hours of the accommodation provider.

3.2 The accommodation provider is authorised to conclude the accommodation contract, on the condition that the contractual partner makes an advance payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required advance payment, before accepting the written or verbal order by the contractual partner. If the contractual partner consents to the advance payment (written or verbal), the accommodation contract arises on receipt of the declaration of consent for the advance payment to the accommodation provider.

3.3 The contractual partner is obliged to make the advance payment at least 14 days (arriving) before the start of the accommodation period. The contractual partner bears the costs for the money transaction (e.g. transfer fees). For credit and debit cards, the relevant conditions of the card company apply.

3.4 The deposit is a partial payment of the agreed payment.

Sect. 4 Start and end of accommodation

4.1 The contractual partner has the right to check in to the rented premises from 4 pm on the agreed day ("day of arrival"), unless the accommodation provider offers another check-in time.

4.2 If a room is used for the first time before 6 am, then the previous night counts as the first night's stay.

4.3 The contractual partner must vacate the rented premises by 11 am on the day of departure. The accommodation provider is authorised to bill for an extra day, if the rented premises are not vacated on time.

Sect. 5 Withdrawal from accommodation contract – cancellation fee and withdrawal by the accommodation provider

5.1 If the accommodation contract stipulates a deposit, and the deposit is not paid on time by the contractual partner, the accommodation provider can withdraw from the accommodation contract without a grace period.

5.2 If the guest does not appear by 6 pm 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 contractual partner has paid a deposit (see 3.3.), then the premises will remain reserved until 12 pm of the day following the agreed day of arrival at the latest. In the case of advance payment of more than four days, the obligation to provide accommodation ends at 6 pm on the fourth day, whereby the day of arrival will be billed as the first day, unless the guest announces a later day of arrival.

5.4 By 3 months before the agreed day of arrival of the contractual partner at the latest, the accommodation contract can be dissolved by the accommodation provider, through a unilateral declaration, for objectively justified reasons, unless otherwise agreed. An objectively justified reason is particularly if force majeure, or other circumstances which the hotel is not responsible for, make it impossible to fulfil the contract, or there is a justified reason to assume, that the accommodation will harm the flawless business operation, the security or appearance of the hotel to the public.

Withdrawal by the contractual partner – cancellation fee

5.5 By 4 weeks before the agreed day of arrival of the guest at the latest, the accommodation contract can be dissolved by the contractual partner, through a unilateral declaration, without the payment of a cancellation fee.

5.6 Outside of the time period determined in sect. 5.5, a withdrawal through unilateral declaration of the contractual partner, is only possible on payment of the following cancellation fees:

- 4 weeks to 1 week before the day of arrival 70% of the total arrangement price

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

The right to withdraw in accordance with sect. 11 para. 1 FAGG [Remote and External Business Act] is not applied.

Prevention from travel

5.7 If the contractual partner can not appear in the accommodation facilities on the day of arrival, because all travel options are impossible due to unforeseen, extraordinary circumstances (e.g. extreme snow fall, flooding etc.), the contractual partner is not obliged to pay the agreed payment for the day of arrival.

5.8 The duty to pay remuneration for the booked stay is revived from the time of travel becoming possible, if travel becomes possible again within three days.

Sect. 6 Provision of alternative accommodation

6.1 The accommodation provider can provide the contractual partner and/or the guests with adequate alternative accommodation (of the same quality), if this is reasonable to the contractual partner, particularly if the variation is minimal and is objectively justified.

6.2 An objective justification exists, for example if the room(s) has/have become unusable, guests already staying there extend their stay, overbooking occurs or other important operational measures require this step.

6.3 Any additional costs for the alternative accommodation are borne by the accommodation provider.

Sect. 7 Rights of the contractual partner

7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented premises, the facilities of the accommodation establishment, which are usually accessible to guests without special conditions, and the usual service. The contractual partner must exercise his rights in accordance with the usual hotel and/or guest guidelines (house rules).

Sect. 8 Obligations of the contractual partner

8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts, which have arisen due to the use of separate services, by him and/or the guests accompanying him, plus legal VAT, at the time of departure at the latest.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be taken as payment at the exchange rate of the day, as far as possible. If the accommodation provider accepts foreign currencies or cashless payment methods, then the contractual partner bears all affiliated costs, such as enquiries to credit card companies, telegrams etc.

8.3 The contractual partner is liable to the accommodation provider, for any damages that he or the guest or other persons, cause to the services of the accommodation provider, with the knowledge or intention of the contractual partner.

Sect. 9 Rights of the accommodation provider

9.1 If the contractual partner refuses to pay the required fee, or is in arrears with it, then the accommodation provider is entitled to the legal right of retention, in accordance with sect. 970c GTCA and the legal right of lien in accordance with sect. 1101 GTCA on the property brought by the contractual partner and/or the guest. This right to retention or right of lien is furthermore available to the accommodation provider, to secure his asset from the accommodation contract, in particular for catering, other expenditures which were made for the contractual partner, and any replacement claims of any kind.

9.2 If service is demanded in the room of the contractual partner, or at unusual times of day (after 20.00 and before 7.00), then the accommodation provider is entitled to demand a surcharge for this. However, this surcharge should be indicated on the room price list. The accommodation provider can also refuse these services for operational reasons.

9.3 The accommodation provider has the right to draw up a bill and/or interim invoice for his services at any time.

Sect. 10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to render the agreed services, to an extent that corresponds to his standards.

10.2 Special services of the accommodation provider that must be indicated, which are not included in the accommodation fee, are for example:

a) Special services of accommodation, which are billed separately, could be: The provision of seminar rooms, wellness applications, solarium, parking etc;

b) a reduced price will be charged for the provision of additional and/or children's beds.

Sect. 11 Liability of the accommodation provider for damages to property brought in

11.1 The accommodation provider is liable for the property brought in by the contractual partner, in accordance with sects. 970 ff GTCA. The accommodation provider is only liable if the property is handed over to the accommodation provider or people authorised by the accommodation provider, or taken to a place indicated by them, or intended for this. Unless the accommodation provider can give evidence, the accommodation provider is liable for his own fault or the fault of his people, and the outgoing and incoming persons. The accommodation provider is liable in accordance with sect. 970 para. 1 GTCA, up to the max. amount determined in the Federal Law from 16 November 1921, on the liability of proprietors and other entrepreneurs, in the respective valid version. If the contractual partner or the guest does not immediately comply with the request of the accommodation provider, to store his property in a particular storage location, then the accommodation provider is exempt from any liability. The maximum possible liability of the accommodation provider is limited to the liability insurance amount of the relevant accommodation provider. A fault on the part of the contractual partner or guest should be taken into consideration.

11.2 The liability of the accommodation provider is ruled out for slight negligence. If the contractual partner is an entrepreneur, then the liability is also ruled out for gross negligence. In this case, the contractual partner has the burden of proof for the existence of the fault. Subsequent damages or indirect damages, as well as loss of earnings will not be replaced under any circumstances.

11.3 For valuables, money and securities, the accommodation provider is only liable up to an amount of currently € 550. The accommodation provider is only liable for further damages, in the case that he accepted these items for safekeeping, knowing their quality, or in the case that the damages were caused by himself or his people. The limitation of liability applies in accordance with 12.1 and 12.2 correspondingly,

11.4 The accommodation provider can refuse the safekeeping of valuables, money and securities, if they are significantly more valuable objects, than guests of the relevant accommodation establishment usually hand over for safekeeping.

11.5 In any case of acceptance for safekeeping, liability is excluded if the contractual partner and/or the guest does not immediately show the incurred damages to the accommodation provider, on becoming aware of them. Furthermore, these claims should be enforced in legal proceedings, within three years of awareness or possible awareness, by the contractual partner and/or guest; otherwise the right expires.

Sect. 12 Limitation of liability

12.1 If the contractual partner is a consumer, then the liability of the accommodation provider for slight negligence is excluded, with the exception of personal damage.

12.2 If the contractual partner is an entrepreneur, then the liability of the accommodation partner for slight and gross negligence is ruled out. In this case, the contractual partner has the burden of proof for the existence of the fault. Subsequent damages or indirect damages, as well as loss of earnings will not be replaced under any circumstances. However, the damages to be compensated are limited to the interest due to reliance on trustworthiness.

Sect. 13 Keeping pets

13.1 Pets may only be brought into the accommodation establishment, with the prior permission of the accommodation provider, and for an extra fee.

13.2 The contractual partner who brings a pet with them, is obliged to keep this animal and/or supervise it in accordance with the rules, during his stay, or have it kept and/or supervised by a suitable third party at his own cost.

13.3 The contractual partner and/or guest, who brings a pet with them, must have appropriate pet liability insurance and/or private liability insurance, which also covers any damages caused by pets. Proof of appropriate insurance must be provided, at the request of the accommodation provider.

13.4 The contractual partner and/or his insurance company, are undividedly liable to the accommodation provider for damages incurred for pets brought with them. The damages particularly include any compensatory services of the accommodation provider, which the accommodation provider has to provide to third parties.

13.5 No pets are allowed in the restaurant, in the wellness areas and on the lawn.

Sect. 14 Extension of accommodation period

14.1 The contractual partner has no claim to his stay being extended. If the contractual partner announces his wish to extend the stay promptly, then the accommodation provider can consent to the extension of the accommodation contract. The accommodation provider has no obligation to do so.

14.2 If the contractual partner can not leave the accommodation establishment on the day of departure, because all transport options are cancelled or unusable, due to unforeseeable, extraordinary circumstances (e.g. extreme snowfall, floods etc.), then the accommodation contract will automatically be extended for the period of departure being impossible. However, a fee reduction for this time is only possible, if the contractual partner cannot wholly use the services offered by the accommodation establishment, as a result of the extraordinary weather conditions. The accommodation provider is authorised to request at least the price usually charged out of season.

Sect. 15 Termination of the accommodation contract – early dissolution

15.1 If the accommodation contract was concluded for a fixed time, then it ends when this period has elapsed.

15.2 If the contractual partner departs early, then the accommodation provider is authorised to request the full agreed fee. The accommodation provider will deduct what he saves as a result of non-utilisation of his range of services, or what he received from rental of the reserved premises to others. A saving is only made, if the accommodation establishment is completely full at the time of non-utilisation of the premises reserved by the guest, and the premises can be rented to other guests, due to the cancellation by the contractual partner. The contractual partner has the burden of proof for the saving.

15.3 Through the death of a guest, the contract ends with the accommodation provider.

15.4 If the accommodation contract was concluded for an indefinite period, then the contractual parties can dissolve the contract until 10 am of the third day before the intended contract ends.

15.5 The accommodation provider is authorised, to dissolve the accommodation contract with immediate effect, for cause, particularly if the contractual partner and/or the guest

a) makes significantly detrimental use of the premises, or spoils the stay of remaining guests, the owner, their staff or third parties living in the accommodation facilities through their inconsiderate, offensive or otherwise grossly inappropriate behaviour (such as insults and/or abuse), or is guilty of a punishable offence towards these persons, the property, morality or physical safety;

b) is affected by an infectious disease, or a disease which goes beyond the period of accommodation, or is otherwise in need of care;

c) the presented invoices are not paid on the due date, within a reasonable period (3 days).

15.6 If contractual fulfilment becomes impossible due to an event which can be rated as a Force Majeure (e.g. natural events, strike, lockout, official decrees etc.), the accommodation provider can dissolve the accommodation contract at any time, without adherence to a notice period, unless the contract is already considered dissolved in accordance with the law, or the accommodation provider is exempt from his duty to provide accommodation. Any compensation claims etc. of the contractual partner are excluded

Sect. 16 Illness or death of the guest

16.1 If a guest becomes ill during his stay in the accommodation establishment, then the accommodation provider will arrange for medical care, at the request of the guest. If there is imminent danger, the accommodation provider will arrange for medical care, even without an express request from the guest, particularly if this is necessary, and the guest is not in a position to do this themselves.

16.2 If the guest is not in a position to make decisions, or the relatives of the guest cannot be contacted, the accommodation provider will arrange for medical treatment at the expense of the guest. However, the extent of such care will end when the guest can make decisions, or the relatives have been informed of the event of illness.

16.3 The accommodation provider has a compensation claim towards the contractual partner and the guest, or in the case of death their legal successor, particularly for the following costs:

a) Outstanding medical costs, costs for patient transport, medications and medical aids

b) Necessary room disinfection,

c) Linen, bed linen and bed furniture that has become unusable, otherwise for the disinfection or thorough cleaning of all these objects,

d) Restoration of walls, furnishings, carpets etc., if these have been soiled or damaged in connection with the illness or case of death.

e) Room rental, if the premises were used by the guest, plus any days of the premises being unusable due to disinfection, clearance or similar,

f) Any other damages incurred by the accommodation provider.

Sect. 17 Place of fulfilment, place of jurisdiction and choice of law

17.1 The place of fulfillment is the place where the accommodation establishment is located.

17.2 This contract is subject to Austrian formal and material law, excluding the rules of the International Private Law (in particular IPRG [International Private Law Act] and EVÜ [Rome Convention]) and UN purchasing right.

17.3 The exclusive place of jurisdiction in the bilateral entrepreneurship business, is the headquarters of the accommodation provider, whereby, the accommodation provider is also authorised to assert his rights, in any other local competent court.

17.4 If the accommodation contract was concluded with a contractual partner, who is a consumer and his place of residence and/or habitual residence is in Austria, lawsuits can only be filed against the consumer at the place of residence, habitual residence or place of employment of the consumer.

17.5 If the accommodation contract was concluded with a contractual partner, who is a consumer and his place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the local competent court for the place of residence of the consumer, is exclusively responsible for lawsuits against the consumer.

Sect. 18 Miscellaneous

18.1 Unless explicitly stated otherwise, Familie Ronacher GmbH exclusively employs commercial masseurs and masseuses. These may exclusively carry out massages for the maintenance of general wellbeing, and for sporting purposes. Commercial masseurs / masseuses are not authorised to carry out curative treatments and massages on ill persons. Therefore, the guest must inform the masseur / masseuse of any type of illness before the massage.

18.2 If the above specifications do not state anything in particular, the period of time starts to run on sending the written document, setting out the period of time to the contractual partner, who must adhere to the period of time. When calculating a period of time, which is determined by days, the day in which the time or event falls, after which the period of time should start, is not included in the calculation. Periods of time by weeks or months, relate to the day of the week or month, which corresponds to the day from which the period of time should be counted, due to its name or number. If this day is missing from the month, then the last day is significant in this month.

18.3 Declarations must be received by the other contractual partner on the last day of the period of time (12 am).

18.4 The accommodation provider is authorised to offset his own accounts receivable against the claim of the contractual partner. The contractual partner is not authorised to offset his own accounts receivable against the claim of the accommodation provider, unless the accommodation provider is unable to pay, or the claim of the contractual partner is legally determined or recognised by the accommodation provider.

18.5 In the case of gaps in regulation, the corresponding legal specifications apply.

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