of Posthotel Taube Betriebs GmbH (FN 477565b)
Silvrettastraße 1, 6780 Schruns
as amended in July 2023
§ 1 Scope of application
1. These Terms and Conditions (hereinafter “Terms”) are applicable to guests of Hotel Posthotel Taube Betriebs GmbH (FN 477565b, Landesgericht Feldkirch), of Silvrettastraße 1, 6780 Schruns (hereinafter: “Host” or “Hotel”) and govern all accommodation agreements as well as any Hotel services and supplies provided to Guests.
2. The Hotel concludes contracts only in reliance on these Terms. Deviating provisions do not apply, even if they are part of the Guest’s terms and conditions, unless the Hotel has specifically acknowledged these terms in writing.
§ 2 Definitions
1. “Guest”: means a natural person who is seeking accommodation. For the purpose of this provision, Guests include also any persons who travel together (such as family members, friends, business partners, acquaintances etc).
2. “Contracting Party”: means a natural person or legal entity concluding an Accommodation Agreement as Guest or on behalf of a Guest.
3. “Accommodation Agreement”: means the agreement concluded between the Guest and the Hotel on accommodation in reliance on these Terms. The provision of rooms against compensation is at the core of these agreements.
4. “Force Majeure”: means any external, extraordinary and unforeseeable event which cannot be prevented despite exceptional care, such as fire, storm, including but not limited to road blocks due to snow blizzards, earthquakes, strikes, war, natural disasters, pandemics, etc.
§ 3 Conclusion of an agreement, accommodation, services
1. An Accommodation Agreement is concluded once the Host accepts the booking of the Guest or the future Contracting Party for the respective rooms. The Host may also reject room bookings without any reason.
2. The Guest has no right to insist on certain rooms, unless the Host has confirmed in text form (e.g. via email) that specific rooms will be provided.
3. The Host is obligated to provide the rooms booked by the Guest subject to these Terms and to provide the agreed services.
4. Guests are obligated to pay the agreed price for the booked rooms and the other benefits enjoyed according to the concluded Accommodation Agreement. This holds true also for any additional benefits requested by the Guest or Contracting Party as well as expenses incurred by the Host vis-á-vis third parties.
5. The Host’s invoices are payable immediately upon receipt upon arrival ( check-in) or departure (check out) without any deduction . If payment in advance was agreed, the invoice is payable immediately upon receipt on the booking date. Unless another term for payment was agreed in writing, a Guest is deemed to be in default with payment if the invoice is not paid within 14 days after receipt or until a payment date stated in the invoice. In case of late payment, consumers are subject to Section 1000 Civil Code and, in case of a transaction where both parties are legal entities, Section 456 Commercial Code.
6. The Host is entitled to issue an interim invoice at any time for claims during a Guest’s stay and demand immediate payment.
§ 4 Arrival and departure day
1. Unless the Host allows Guests to move into their room at any other time, they are entitled to move into their room as of 3 p.m. of the agreed day (“Arrival Day”). Earlier check-in is possible depending on availability based on a separate agreement with the Host against surcharge.
2. Guests must move into the booked rooms until 6 p.m. of the agreed Arrival Day, at the latest. Unless a later time for arrival was specifically agreed with the Host, the Host may allocate the room to another Guest after 6 p.m., without a Guest being entitled to any claims for compensation. The Host has a right of withdrawal according to Section 5 (2) (d).
3. If Guests move into their room prior to 6 a.m. for the first time, the previous night is considered the first overnight stay (prior-day arrival).
4. The Guest undertakes to vacate the room until noon of the departure day (“Departure Day”).
5. Unless a Guest vacates the room in due time, the Host may charge an additional day for the room; a surcharge of €50,00 will apply for a delayed departure between noon and 3 p.m., unless the Guest has booked a later departure in advance or the Host has specifically confirmed a later departure when sending the booking confirmation.
§ 5 Withdrawal from the Accommodation Agreement/ cancellation by Host
1. If the Accommodation Agreement provides for payment in advance and the Contracting Party has not made that advance payment in due time, the Host may withdraw from the Accommodation Agreement without grace period.
2. Furthermore, the Host may withdraw from the Accommodation Agreement for good cause. Good cause includes, but is not limited to the following events:
a. The occurrence of Force Majeure or any other circumstances beyond the Host’s control which make it impossible to perform the Accommodation Agreement;
b. the rooms were booked based on misleading or wrong facts relating to the Guest or the purpose of a Guest’s stay;
c. the Host has reason to suspect that the Guest’s stay in the booked room or their use of other services might jeopardize the smooth operation of business, the safety or reputation of the Hotel in public;
d. the Guest does not arrive or arrives too late as stipulated in Section 4 (2);
e. the Host is aware of a deterioration of the Guest’s financial condition after the conclusion of the contract and, as a result, the Guest or Contracting Party does not pay claims due in due time or fails to make an agreed advance payment; the Guest files a petition for insolvency or initiation of civil bankruptcy procedure, or insolvency proceedings are pending.
§ 6 Withdrawal from the Accommodation Agreement/ cancellation by the Guest or Contracting Party
1. The Host allows the Guest to withdraw from the Accommodation Agreement subject to the following provisions:
a. If a Guest cancels a booking, the Host is entitled to reasonable compensation;
b. the respective Accommodation Agreement contains the terms of cancellation;
c. Guest who does not use the booked rooms or booked services without informing the Host in due time is required to pay the full price agreed in the Accommodation Agreement;
d. if the Accommodation Agreement grants an option to withdraw from the Agreement within a certain deadline without legal consequences, the Host is not entitled to any compensation. The time at which the Host receives the notice of withdrawal is relevant for the timeliness of the notice;
e. the Guest’s notice of withdrawal shall be given in text form (e.g. via email).
2. If the Accommodation Agreement does not contain (written) terms of cancellation, the following terms of cancellation apply:
a. The Guest may terminate the Accommodation Agreement by written notice up to (1) month (i.e. up to 30 days) prior to the agreed Arrival Day without cancellation fee (free of charge);
b. If the Guest cancels the Accommodation Agreement by written notice up to two (2) weeks (i.e. 29 days to 14 days inclusive) prior to the agreed Arrival Day, at the latest, a cancellation fee of 50% of the total agreed price applies;
c. If the Guest cancels the Accommodation Agreement by written notice up to (1) week (i.e. 13 days to 8 days inclusive) prior to the agreed Arrival Day, at the latest, a cancellation fee of 70% of the total agreed price applies;
d. If the Guest cancels the Accommodation Agreement by written notice in the last week up to one (1) day (i.e. 7 days to 1 day inclusive) prior to the agreed Arrival Day, at the latest, a cancellation fee of 90 % of the total agreed price applies;
3. The legal provisions governing a withdrawal from the Accommodation Agreement concluded at a distance (in particular FAGG and KSchG provisions) are not affected by the above provisions. According to the exemption stipulated in Section 18 (1) no. 10 FAGG, there is no right of withdrawal under that Act.
§ 7 Obstacles during arrival or departure
1. If the Guest is unable to arrive at the Hotel on the designated Arrival Day for reasons beyond their control, the Guest is not required to pay the agreed price for the time between their planned and actual arrival. These reasons are exclusively events of Force Majeure.
2. Once a Guest is again able to travel within three days, the price for the booked stay is again payable as of the time at which it is again possible to travel.
3. If the Guest is unable to leave the Hotel on the departure day because roads are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. snow blizzard, flood etc), the Accommodation Agreement will automatically be extended by the time during which the Guest is unable to leave. The price can be reduced for that time only if the Guest is unable to fully use the services offered by the Hotel due to exceptionally bad weather. The Host may charge at least the usual price charged during off-season.
§ 8 Provision of alternative accommodation
1. The Host may provide adequate alternative accommodation (equal or similar quality) for objectively justified reasons if this is reasonable for the Guest and the alternative is insignificant and objectively justified.
2. Objectively justified reasons are in particular cases where the booked rooms are unusable, if accommodated guests extend their stay, in case of overbooking or if any other important business measures so require.
3. Any extra expenses for the alternative accommodation will be borne by the Host.
§ 9 Rights and obligations of the Guest / Contracting Party
1. By concluding an Accommodation Agreement, the Guest acquires the right to use the booked rooms, the other premises and facilities of the Hotel which are generally accessible and available for general use, as well as service customary for the location. Guests shall exercise their rights in accordance with applicable hotel and/or guest policies (house rules) and shall treat the substance of the Hotel premises with utmost care and show consideration towards other Guests.
2. Guests are required to pay the agreed price as well as any extra charge for special services which Guests and/or their company have used, plus value added tax, at the time of departure, at the latest.
3. The Host is not obligated to accept foreign currencies. Should the Host specifically accept foreign currencies, these will be accepted as payment at the daily rate, if possible. Should the Host accept foreign currencies or non-cash means of payment, all related costs incurred, for example for inquiries with credit card companies, other fees, etc. will be borne by the Guest.
4. The Guest is liable to the Host for any damage culpably caused by them or any other persons who accept the Host’s services with the knowledge or intent of the Guest.
§ 10 Rights, obligations, and liability of the Host
1. If Guests do not pay the agreed price or their payment is late, the Host may invoke the legal retention right according to Section 970c Civil Code, and the legal lien on the Guest’s items stipulated in Section 1101 Civil Code. Furthermore, the Host may exercise that right to retain or to pledge the Guest’s items to secure the claim under the Accommodation Agreement, especially for meals, other expenses incurred for the Guest and for any compensation claims in connection with accommodation.
2. Room service or any services requested at extraordinary times of the day or night (after 10 p.m. and prior to 6 a.m. ) will be charged separately. The price list specifically shows the special prices for these services.
3. The Host is liable under Sections 970 to 970c Civil Code for any items brought by the Guests. The Host is liable only if the Guest has handed over these items to the Host or to any of their vicarious agents (Hotel staff) or has brought them to a place designated by the Host. Unless the Host is able to provide proof, the Host will be liable for their own fault or the fault of any of their vicarious agents and persons entering or leaving the Hotel. If a Guest does not promptly comply with the Host’s request to deposit their belongings at a special place (e.g. safe), the Host shall not be liable.
4. According to Section 970 (1) Civil Code, the Host is liable only up to the amount fixed by the Act concerning liability of caterers and other business undertakings, as amended, (currently €1,100).
5. The Host’s maximum liability, if any, shall not exceed their liability insurance sum. Any fault on the part of the Guest shall be taken into account and will reduce the liability sum accordingly.
6. The Host is liable for valuables, money and securities only up to the amount stipulated in Section 970a Civil Code, as amended (currently € 550.00). The Host is liable for any additional damage only if the Host has accepted these items for storage, aware of their condition, or if the damage was caused by the Host himself or by any of their attributable vicarious agents.
7. The Host may refuse to store valuables, money and securities if these are more valuable than those items which Guests usually deposit with the Host. The Host has discretion in this respect.
8. In any event, whenever the Guest does not promptly notify the Host that damage has occurred, the Host shall not be liable for the deposited items (Section 970b Civil Code).
For those Guests who are consumers, the Host shall not be liable for slight negligence, except in case of personal injury.
If the Guest is a business undertaking, the Host shall not be liable for slight and gross negligence. The Host will not compensate consequential damage, non-material damage and lost profit. The limit shall be the amount of fidelity damage.
§ 11 Termination – early termination
1. If the Accommodation Agreement was concluded for an indefinite time, it will end once the specified deadline has expired.
2. If a Guest leaves early, the Host may charge the full agreed price. The Host will deduct any savings due to the Guest’s failure to use the Host’s services or due to having rented the booked rooms out otherwise. The Hotel is deemed to have generated savings only if it was fully booked at the time the Guest did not use the room and the room could be rented out to other Guests due to the cancellation. The Guest shall have the burden to prove savings.
3. The Agreement ends with a Guest’s death.
4. The Host may terminate the Accommodation Agreement immediately for good cause. Good cause includes, but is not limited to the following:
a. if a Guest uses the rooms in a considerably adverse manner or their reckless, offensive or otherwise seriously indecent behaviour spoils the stay for other Guests, for the owner, their vicarious agents or for third parties staying at the Hotel or a Guest commits a criminal offence involving the property, decency or physical safety of these persons;
b. if a Guest is suffering from a contagious disease or illness which lasts longer than their stay at the Hotel or otherwise requires care;
c. the presented invoices are not paid when due.
5. If a Guest is unable to perform the contract due to an event of Force Majeure, the Host may terminate the Accommodation Agreement without notice at any time, unless the Agreement is already deemed cancelled by law or the Host is released from their accommodation duty. In this case, the Guest cannot lodge any claims for compensation.
§ 12 Pets
1. Pets are allowed at the Hotel only with the Host’s prior express consent and against a separate (sur-)charge.
2. A Guest bringing a pet is obligated to properly keep or supervise that pet during their stay or to procure that the pet is kept or supervised by qualified third parties at the Guest’s cost and expense.
3. Guests bringing pets are required to hold appropriate pet liability insurance or private liability insurance which covers any damage that might be caused by pets. At the Host’s request, documentary evidence to prove insurance cover shall be provided.
4. Guests or their insurance are jointly and severally liable vis-á-vis the Host for any damage caused by pets staying at the Hotel. This includes in particular any compensation which the Host is required to pay to third parties.
5. Pets are not allowed at the restaurant where unpacked food is served (buffet – breakfast) and in the spa. Notwithstanding the above, the Host may also prohibit pets in other areas in a particular case (especially if other Guests feel uncomfortable due to the presence of pets).
§ 13 Place of performance, jurisdiction, final provisions
1. Place of performance is the Hotel’s location.
2. The Accommodation Agreement and these Terms and Conditions shall exclusively be governed by and construed in accordance with Austrian law.
3. In transactions where both parties are business undertakings, exclusive jurisdiction shall lie with the Hotel’s seat, although the Hotel may assert its rights also before any other court having jurisdiction ratione loci or ratione materiae.
4. Oral side agreements have not been made. Amendments, supplements or side agreements are valid only if made in writing. This is true also for any waiver of this written form requirement (with e-mail qualifying as written form).
5. Should any parts or provisions of this Accommodation Agreement and/or these Terms be invalid, in whole or in part, or be invalid due to new legislation, the validity or effectiveness of the other terms shall not be affected. Invalid terms shall be replaced by term that closest reflect the economic purpose of the previous terms and are valid according to existing legislation. Furthermore, the parties agree that any existing gaps shall be closed to reflect the meaning and purported intention of the parties.
Posthotel Taube Betriebs GmbH, as amended in July 2023