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‍Kufsteinerland
A-6330 Kufstein,
Tel. +43/5372/62207,
email: info@kufstein.com,
Site: http://www.kufstein.com

‍Gasthaus-Hotel Dresch
‍Martina and Karl Anker
Oberweidau 2 · A-6343 Erl/Tirol
Telephone +43 5373 8129
Fax +43 5373 8129-3
email: anker@dresch.at

‍Restaurant & Hotel Dresch in Erl · Tyrol
‍
Sales tax identification number: ATU51011006
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Member of the Tyrolean Chamber of Commerce - Fachgruppe Gastronomy
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General terms and conditions for the hotel industry 2006


‍§ 1 Scope
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1.1 These general terms and conditions for the hotel industry (hereinafter “AGBH 2006”) replace the previous Austrian Hotel Contract Conditions (ÖHVB) as amended on September 23, 1981.

1.2 The AGBH 2006 does not rule out special agreements. They apply on a subsidiary basis to individual agreements.


‍§ 2 Definitions of terms
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2.1 accommodation provider: A natural or legal person who hosts guests for a fee.
‍guest: A natural person who makes use of accommodation. As a rule, the guest is also a contractual partner. People who travel with the contractual partner (e.g. family, friends, etc.) are also considered guests.
‍Contracting partner: A natural or legal person from Germany or abroad who concludes an accommodation contract as a guest or for a guest.
‍consumer and entrepreneur: The terms are to be understood within the meaning of the Consumer Protection Act 1979, as amended from time to time.
‍Accommodation contract: The contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.


‍§3 Conclusion of contract — down payment

3.1 The accommodation contract is concluded when the accommodation provider accepts the contract partner's order. Electronic statements are considered to have been received if the party for whom they are intended is able to retrieve them under normal circumstances and the receipt takes place during the advertised business hours of the accommodation provider.

3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the contractual partner pays a down payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required down payment before accepting the written or oral order. If the contractual partner agrees (in writing or verbally) to the down payment, the accommodation contract is concluded upon receipt of the declaration of consent to the payment of the deposit by the accommodation provider.

3.3 The contractual partner is obliged to receive the deposit from the accommodation provider no later than 7 days before the start of accommodation. The costs of the financial transaction (e.g. transfer fees) are borne by the contractual partner. Credit and debit card payments are subject to the respective conditions of the card companies.

3.4 The down payment represents an installment of the agreed fee.


‍§4 Start and end of accommodation

4.1 The contractual partner has the right to move into the rented rooms from 16:00 on the agreed day of arrival, unless the accommodation provider offers a different reference time.

4.2 If a room is used for the first time before 6:00 in the morning, the previous night is considered the first night.

4.3 The contractual partner must vacate the rented rooms by 11:00 a.m. at the latest on the day of departure. The accommodation provider is entitled to charge a further fee if the rooms are not vacated on time.


‍§5 Withdrawal from the accommodation contract — cancellation fee

5.1 If a down payment has been agreed in the accommodation contract and the contractual partner has not paid it in due time, the accommodation provider is entitled to withdraw from the contract without further notice.

5.2 If the guest does not show up by 18:00 on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been expressly agreed in writing.

5.3 If the contractual partner has paid a down payment (see point 3.3), the premises will be reserved no later than 12:00 on the day following the agreed date of arrival. If an advance payment has been made for more than four days, the accommodation obligation of the accommodation provider expires on the fourth day at 18:00, with the day of arrival being the first day — unless the guest has notified a later time of arrival.

5.4 Up to three months before the agreed date of arrival, the accommodation provider may unilaterally terminate the accommodation contract for objectively justified reasons — unless otherwise agreed.

5.5 The guest can cancel free of charge up to 5 days before departure. In case of cancellation within the last 5 days before arrival, the guest must pay an amount of 50% of the total price. In case of no-show, the full booking price is due. During the periods of the Passion Plays Erl and Tiroler Festspiele Erl, there are changed cancellation guidelines.

5.6 If the contractual partner is unable to reach the accommodation provider on the day of arrival due to unforeseeable, exceptional circumstances (e.g. extreme snowfall, floods, etc.), which make all travel options impossible, the obligation to pay the agreed fee for that day lapses.

5.7 The obligation to pay the agreed fee for the booked stay comes into force again as soon as an arrival is possible, provided that this takes place within three days from the originally planned date of arrival.

5.8 For bookings with stays during the Tyrolean Festival Erl or the Passion Play Erl, the following cancellation policy applies: cancellation is free of charge up to 30 days before arrival, an amount of 50% of the total amount is due from the 29th day before arrival; in case of no-show, the full amount of the booking will be charged without deductions.
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5.9 For tickets to the Tyrolean Festival or the Passion Plays, a cancellation fee of 100% of the ticket price is always due in the event of cancellation.


§6 Provision of replacement accommodation

6.1 The accommodation provider may offer the contractual partner or guests replacement accommodation of comparable quality, provided that this is reasonable for the contractual partner, in particular in the event of minor and objectively justified deviations.

6.2 There is factual justification, for example, when the room or rooms have become unusable, guests who have already stayed extend their stay, there is an overbooking or other important operational measures make this step necessary.

6.3 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.


‍§7 Rights of the contract partner

7.1 By concluding an accommodation contract, the contractual partner receives the right to use the rented rooms and the accommodation facilities in the usual way and without special conditions, as they are usually available to guests. The contractual partner is also entitled to normal service. The rights must be exercised in accordance with the existing hotel and/or guest guidelines (house rules).


‍§8 Duties of the contract partner

8.1 The contractual partner is obliged to pay the agreed fee and any additional amounts incurred as a result of separate services provided by him and/or accompanying guests, plus the statutory value added tax, at the latest upon departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, the conversion is carried out at the current exchange rate whenever possible. If the accommodation provider accepts foreign currency or cashless means of payment, the contractual partner bears all associated costs, such as fees for credit card companies, telegrams, etc.

8.3 The contractual partner is liable to the accommodation provider for damage caused by himself, the guest or other persons who use the accommodation provider's services with the knowledge or will of the contractual partner.


‍§9 Berherberger's rights
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9.1 If the contractual partner refuses to pay the agreed fee or is in default, the accommodation provider is entitled to the statutory right of retention in accordance with Section 970c ABGB and the statutory lien in accordance with Section 1101 ABGB on the items brought in by the contractual partner or by the guest. This right of retention and lien also serves to secure all claims arising from the accommodation contract, in particular for food, other expenses incurred for the contractual partner, and for any compensation claims of any kind.

9.2 If the service is required in the contract partner's room or at exceptional times of day (after 20:00 and before 6:00), the accommodation provider is entitled to charge a special fee for this. However, this special charge must be shown on the room price table. For operational reasons, the accommodation provider may also refuse these services.

9.3 The accommodation provider has the right to bill for his services in whole or in part at any time.


‍§10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to an extent in line with his standard.

10.2 Special services provided by the accommodation provider that are not included in the accommodation fee include:
‍a) Special accommodation services, which are billed separately, such as the use of salons, sauna, indoor pool, swimming pool, solarium, garage, etc.
b) A discounted 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 In accordance with Sections 970 et seq. of the Austrian Civil Code, the accommodation provider is liable for the items brought in by the contractual partner. Liability only exists if the items have been handed over to the accommodation provider or persons authorized by the accommodation provider or brought to a location instructed or specified by them. If the accommodation provider fails to provide proof, he is only liable for his own fault or the fault of his employees and the arrival and departure persons.The liability of the accommodation provider is limited in accordance with Section 970 (1) of the Austrian Civil Code at most up to the amount set in the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs (as amended). If the contractual partner or the guest is required by the accommodation provider to to be deposited in a special place of storage, not immediately after, the Exempted accommodation provider from any liability. The amount of any liability on the part of the accommodation provider is also limited to the liability insurance sum of the accommodation provider. The fault of the contractual partner or guest is taken into account.

11.2 The accommodation provider's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof that fault exists. Consequential damage, indirect damage and lost profits are generally not reimbursed.

11.3 For valuables, money and securities, the accommodation provider is only liable up to an amount of currently €550, --. Liability for further damage exists only if the accommodation provider has accepted these objects for storage in knowledge of their condition or if the damage was caused by the accommodation provider himself or his vicarious agents. The limitations of liability in accordance with points 12.1 and 12.2 apply mutatis mutandis.

11.4 The accommodation provider may refuse to store valuables, money and securities if they are objects that are significantly more valuable than those which guests of the respective accommodation establishment usually put in custody.

11.5 In any case of custody assumed, liability is excluded if the contractual partner and/or guest does not report the damage to the accommodation provider immediately after becoming aware of it. In addition, claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise, the right expires.


‍§12 Liability limitation

12.1 If the contractual partner is a consumer, the accommodation provider's liability for slight negligence — with the exception of personal injury — is excluded.

12.2 If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof of the existence of fault. Consequential damage, intangible damage, indirect damage and lost profits will not be reimbursed. The recoverable damage is in any case limited to the level of trust interest.


‍§13 Animal husbandry
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13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, where appropriate, for a separate fee.

13.2 The contractual partner who brings an animal is obliged to properly store or supervise it during its stay or to have it stored or supervised by suitable third parties at its own expense.

13.3 The contractual partner or guest who brings an animal must have animal liability insurance or private liability insurance that also covers damage that may be caused by the animal. At the request of the accommodation provider, proof of this insurance must be provided.

13.4 The contractual partner or its insurer are jointly and severally liable to the accommodation provider for damage caused by animals brought along. In particular, this also includes compensation services that the accommodation provider must provide to third parties.

13.5 It is not permitted to bring animals in salons, social and restaurant rooms and in wellness areas.


‍§14 Extension of accommodation

14.1 The contract partner is not entitled to an extension of his stay. However, if he announces his request for an extension in good time, the accommodation provider can agree to this extension, but is not obliged to do so.

14.2 If the contractual partner is unable to leave the accommodation establishment on the day of departure due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.) because all departure options are blocked or cannot be used, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner is unable 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 fee that corresponds to the usual price charged during off-season.


‍§15 Termination of the accommodation agreement — early termination
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15.1 If the accommodation contract has been concluded for a specific period of time, it expires at the end of this period.

15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. However, the accommodation provider will take into account what he was able to save as a result of not using his services or has received by renting out the ordered rooms to another person. Savings are only available if the accommodation provider is fully utilized at the time of non-use and the premises can be rented out to other guests due to the cancellation of the contractual partner. The contractual partner bears the burden of proof for savings.

15.3 When the guest dies, the contract with the accommodation provider automatically ends.

15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may cancel the contract no later than 10:00 a.m. on the third day before the intended end of the contract.

15.5 The accommodation provider is entitled to cancel the accommodation contract with immediate effect for good cause, in particular if the contractual partner or guest
‍a) uses the premises to a significant extent adversely or, through reckless, offensive or grossly indiscriminate conduct, significantly impairs coexistence with other guests, the owner, his staff or third parties residing in the accommodation establishment or is guilty of a criminal offence against these persons against property, morality or physical safety;
b) suffers from a contagious disease that extends beyond the length of stay or is otherwise in need of care;
c) does not pay the invoices submitted when due, despite a reasonable grace period of three days.

15.6 If performance of the contract becomes impossible due to an event of force majeure (e.g. elementary events, strike, lockout, official order, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already considered legally terminated or the accommodation provider is exempted from his accommodation obligation. Any claims by the contractual partner for damages or other benefits are excluded in this case.


‍§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 provide medical care at the guest's request. If there is a risk of delay, the accommodation provider will arrange for medical care even without the guest's express request, in particular if this is necessary and the guest is unable to do so himself.

16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest's expense. However, these precautionary measures end as soon as the guest is able to make decisions again or the relatives have been informed of the illness.

16.3 In particular, the accommodation provider is entitled to reimbursement of the following costs vis-à-vis the contractual partner, the guest or, in the event of death, against their legal successors:
‍a) Outstanding medical expenses, costs for patient transport, medicines and medical aids
b) necessary room disinfection
c) Laundry, bed linen and bed equipment that has become unusable — otherwise, the costs of disinfecting or thorough cleaning
d) Restoration of walls, furniture, carpets, etc. insofar as they have been used by the guest, including any lost days due to disinfection, evacuation, etc.
e) Any other damage suffered by the accommodation provider


‍§17 Place of Fulfilment, Jurisdiction and Choice of Law
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17.1 The place of performance for all services under the accommodation contract is the registered office of the accommodation provider.

17.2 This contract is subject to Austrian formal and substantive law, to the exclusion of the rules of international private law (in particular IPRG and EVÜ) and the UN sales law.

17.3 The exclusive place of jurisdiction in the two-way business transaction is the registered office of the accommodation provider. However, the accommodation provider is also entitled to assert his rights before any other locally and factually competent court.

17.4 If the accommodation contract has been concluded with a consumer who is domiciled or habitually resident in Austria, lawsuits can only be brought against the consumer at his place of residence, habitual place of residence or place of employment.

17.5 If the accommodation contract has been concluded with a consumer who is domiciled in a member state of the European Union (with the exception of Austria), in Iceland, Norway or Switzerland, the court of the consumer's place of residence is exclusively competent for actions against the consumer.


‍§18 Miscellaneous
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18.1 Unless otherwise provided for in the above provisions, a period begins when the document giving rise to the deadline is delivered to the contractual partner or contractual partner. When calculating a period that is measured in days, the day on which the event occurs or the time from which the period begins to run is not included. Deadlines, which are measured in weeks or months, relate to the day of the week or month which corresponds to the starting day by name or number. If this day is missing in the respective month, the deadline is the last day of this month.

18.2 Declarations must be received by the other contractual partner no later than midnight on the last day of the period.

18.3 The accommodation provider is entitled to offset the contractual partner's claims against his own claims. However, the contractual partner is not entitled to offset its own claims against claims made by the accommodation provider, unless the accommodation provider is insolvent or the claim of the contractual partner has been established in court or accepted by the accommodation provider.

18.4 In the event of regulatory gaps, the corresponding legal provisions apply.

18.5 In the event of an outstanding invoice after departure, the accommodation provider is entitled to make the payment using the customer's credit card.