Algemene Verkoopvoorwaardes

based on the Austrian Hotel Contract Conditions ÖHVB of the Austrian Hotel Industry Association

Information according to ECG 2002
§ 1 General information
§ 2 Contractual partner
§ 3 Conclusion of contract, down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract
§ 6 Provision of substitute accommodation
§ 7 Rights of the guest
§ 8 Obligations of the guest
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damages
§ 12 Keeping animals
§ 13 Extension of the accommodation
§ 14 Termination of the accommodation
§ 15 Illness or death of the guest in the accommodation establishment
§ 16 Place of fulfillment and jurisdiction

§ 1 General
Our terms and conditions constitute the integral part of the contract on which the sole proprietorship buchauer.tirol e.U., hereinafter referred to as Aparthotel Buchauer, concludes accommodation contracts for rooms and vacation apartments with its guests. In addition, we refer to our house rules on site. Changes and deviations from these terms and conditions are only valid if agreed in writing.
Our General Terms and Conditions (GTC) can be downloaded to your local hard disk in accordance with ECG 2002.Informationen laut ECG 2002

§ 2 Contractual partner
(1) In case of doubt, the ordering party is deemed to be the contractual partner of Aparthotel Buchauer, even if they have ordered or co-ordered for other named persons.
(2) Persons making use of the accommodation are guests within the meaning of the contractual conditions.

§ 3 Conclusion of contract, down payment
(1) The accommodation contract is generally concluded when the guest’s written or verbal order is accepted by the Aparthotel Buchauer.
(2) The guest must pay a deposit of 50% of the total price within 5 working days of booking. Payment must be made free of charge to the following account:
Raiffeisenbank Thiersee
Bank code 36339
Account number 60.517
IBAN: AT34 3633 9000 0006 0517
BIC-Code: RZTIAT22339
(3) The Aparthotel Buchauer can also demand advance payment of the entire agreed fee as well as an appropriate deposit at check-in.

§ 4 Start and end of accommodation
(1) The guest has the right to move into the rented rooms from 4 p.m. on the agreed day.
(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed and confirmed by the accommodation provider.
(3) In the event of no-show of guests without notification of the Aparthotel Buchauer, the total amount of the service according to § 5 is due in any case.
(4) If the rented rooms are used for the first time before 2 p.m., additional costs amounting to half of a daily flat rate will be charged.
(5) The rented rooms must be vacated by the guest by 10.00 a.m. on the day of departure. A regular departure is only possible between 08.00 and 10.00 am. The apartments must be left swept clean, with the kitchen cleaned and locked; the final bill will be issued after the keys have been handed in. The deposit will be refunded in a form determined by the landlord.

§ 5 Withdrawal from the accommodation contract
(1) The accommodation contract can be canceled by the guest by unilateral declaration up to one month before the agreed arrival date of the guest, however, a cancellation fee of 50% of the total amount must be paid or the deposit is forfeited in favor of the Aparthotel Buchauer
Cancellations must be received by the contract partner at least one month before the agreed arrival date of the guest.
(2) If the guest cancels within the last month before the arrival date, the total amount must be paid. The reduction claims according to §5 (4) apply
(3) Should it not be possible for the Aparthotel Buchauer to comply with the agreement, the guest will be provided with alternative accommodation in amendment to the original contract in accordance with § 6; the guest is not entitled to claim compensation from the Aparthotel Buchauer.
(4) Even if the guest does not make use of the booked rooms or boarding services, he/she is obliged to pay the agreed remuneration to the accommodation provider. However, the Aparthotel Buchauer will deduct what it saves as a result of the guest not making use of its services.
(5) It is the responsibility of the accommodation provider to endeavor to rent out the unused rooms to other parties in accordance with the circumstances.

§ 6 Provision of alternative accommodation
(1) The Aparthotel Buchauer can provide the guest with adequate alternative accommodation in the village if this is reasonable for the guest, especially because the deviation is minor and objectively justified.
(2) An objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures make this step necessary.
(3) Any additional expenses for the replacement accommodation shall be borne by Aparthotel Buchauer.

§ 7 Rights of the guest
(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are usually accessible to guests for use without special conditions, and to the usual service. Compliance with the house rules is a prerequisite.
(2) The guest has the right to move into the rented rooms from 4 p.m. on the agreed day.
(3) If breakfast has been agreed, the guest is not entitled to any compensation if he does not make use of the offer. The reduction claims of § 5(4) apply.
(4) Likewise, the guest shall not be entitled to any compensation if the accommodation provider is ready to provide the agreed meals within the usual times of day and in the rooms designated for this purpose.

§ 8 Obligations of the guest
(1) The balance of the agreed total price must be paid on departure; any further charges incurred must be paid on termination of the accommodation contract. If a deposit is agreed, this must also be paid on arrival. Foreign currencies are not accepted by the accommodation provider.
The Aparthotel Buchauer does not accept foreign currency or cashless means of payment such as checks, vouchers, etc. on site.
(2) The consent of the accommodation provider must be obtained before using any electrical appliances brought by guests which are not part of the usual travel requirements.
When moving into the rooms/holiday apartments, the guest is obliged to check the furnishings and inventory. Defects must be reported immediately, otherwise they shall be deemed to have been caused by the guest.
(3) The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim damages directly from the accommodation provider.
(4) The rented premises may only be used by the registered persons. Visits by persons from outside the house are not permitted.

§ 9 Rights of the accommodation provider
(1) If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall be entitled to retain the items brought in (§ 970 c ABGB statutory right of retention) and to refuse the guest access to the premises in order to secure his claim arising from the accommodation and catering as well as his expenses for the guest.
(2) The accommodation provider has the right of lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
(3) The accommodation provider is entitled to charge a special fee for services provided at unusual times of the day. He may also refuse these services for operational reasons.

§ 10 Obligations of the accommodation provider
(1) The accommodation provider is obliged to provide the agreed services to a standard corresponding to the standard.
(2) Special services of the accommodation provider that are not included in the accommodation fee shall be charged separately:
(a) special accommodation services that may be charged separately, such as the provision of garaging, towel packs, linen changes not agreed, linen packs, waste disposal, etc.
b) a reduced price is charged for the provision of additional beds or children’s beds.
(3) The prices quoted are inclusive prices, prices for overnight stays are quoted without local tax and final cleaning.

§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider is liable for damages suffered by a guest if the damage has occurred in the course of business and the accommodation provider or its employees are at fault only in cases of gross negligence.
(2) The Aparthotel Buchauer is only liable for items brought in as defined by § 970(2) ABGB. Items are deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or brought to a place designated for this purpose by this person. According to § 1(1) of the Austrian Hotel and Restaurant Association Act (GastwirteHG), the amount of liability for items brought in is limited to EUR 1,100.
The guest must exercise the necessary caution to avoid damage and only leave all rooms or containers locked. The guest must clearly indicate any items with a value of more than EUR 200 to be brought in. A safe is available to the guest in the Aparthotel.
The safekeeping of valuables, money and securities may be refused if the items in question are considerably more valuable than those usually kept by guests of the establishment in question.

§ 12 Animal husbandry
(1) Animals are generally and without exception not permitted.
(2) In the event of disregard, the guest shall be liable for any damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner (§ 1320 ABGB).

§ 13 Extension of the stay
An extension of the stay by the guest requires the consent of the accommodation provider.

§ 14 Termination of the accommodation
(1) If the accommodation contract has been agreed for a specific period of time, it shall end upon expiry of this period. If the guest departs prematurely, the accommodation provider shall be entitled to demand or retain the full agreed remuneration.
However, the Proprietor shall be obliged to endeavor to rent the unused rooms to another party in accordance with the circumstances. Otherwise, the provision in § 5(5) shall apply mutatis mutandis.
(2) The death of a guest shall terminate the contract with the accommodation provider under the conditions set out in § 14(1) (see also § 15).
(3) If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract at any time subject to a notice period of three days. The notice of termination must reach the contracting party before 10.00 a.m., otherwise this day shall not be deemed the first day of the notice period, but only the following day.
(4) If the guest does not vacate his room by 10.00 a.m. in breach of contract, the accommodation provider is entitled to charge the room price for a further day. The guest shall also bear the costs incurred by the Aparthotel Buchauer for the replacement of guests who are unable to occupy the rooms and the loss of profit due to non-rentability.
(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect, to demand or withhold the full agreed remuneration and to expel the guest from the hotel if the guest
a) makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes living together unbearable for the other occupants or commits a punishable act against property, morality or physical safety against the accommodation provider and his or her staff or a person living in the accommodation establishment;
b) is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
c) fails to pay the invoice presented to him within a reasonable period of time after being requested to do so.
(6) If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure, the contract shall be terminated.
However, the Proprietor shall be obliged to return the remuneration already received on a pro rata basis, less any bank or restitution charges, so that the Proprietor does not derive any profit from the event (Section 1447 ABGB).

§ 15 Illness or death of the guest in the accommodation establishment
(1) If a guest falls ill during their stay in the accommodation establishment, the accommodation provider shall be obliged to provide medical care during their presence in the establishment (not 24-hour operation) if this is necessary and the guest is unable to do so themselves. The accommodation provider is not obliged to be available outside opening hours.
The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against the guest’s legal successor:
a) any reimbursement of medical expenses not yet paid by the guest;
b) for the necessary room disinfection, if this is ordered by the public health officer;
c) if necessary, compensation for the laundry, bed linen and bed furnishings that have become unusable, against handover of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death;
e) for the rent, insofar as it is lost in connection with the illness or death due to the temporary unavailability of the rooms.

§ 16 Place of performance and jurisdiction
(1) The place of performance is Thiersee.
(2) For all disputes arising from the accommodation contract, the court with subject-matter and local jurisdiction for the accommodation provider is agreed, unless
a) the guest, as a consumer, has a place of employment or residence in Austria; in this case, the place of jurisdiction shall be the place indicated by the guest in the registration form;
b) the guest as a consumer only has a domestic place of employment; in this case, this is agreed as the place of jurisdiction.

Thiersee, on 01.01.2025