General Terms and Conditions of Business and Accommodation
from Stiftsgasthofes Hochburg-Ach
§ 1 Object of the contract
The General Terms and Conditions of the Stiftsgasthof Hochburg-Ach (hereinafter referred to as "Stiftsgasthof") govern the contractual relationship for the provision of boarding and guest rooms, as well as all other services and deliveries provided to guests by the "Stiftsgasthof". These terms and conditions are part of every accommodation contract that the guest concludes with the "Stiftsgasthof" and are considered accepted upon booking.
§ 2 Conclusion of contract and partner
The accommodation contract is concluded by the guest's application and the written confirmation (by fax, e-mail, letter) by the "Stiftsgasthof". A contract can also be concluded at short notice by verbal or telephone order for the current date and is also binding for both parties. If a third party has ordered on behalf of the guest, he shall be liable for the provision of the respective rooms vis-à-vis the "Stiftsgasthof" together with the guest as joint and several debtors for all obligations arising from the accommodation contract, provided that the "Stiftsgasthof" has received a corresponding declaration from the third party.
§ 3. services, prices, payments
The "Stiftsgasthof" is obliged to keep the rooms booked by the guest ready and to provide the agreed services. A claim for the provision of certain rooms does not exist.
The guest is obligated to pay to the "Stiftsgasthof" the applicable or agreed prices for the provision of the room and the other services used by the guest. This also applies to services and expenses of the "Stiftsgasthof" to third parties arranged by the guest. The "Stiftsgasthof" is entitled to collect the accommodation price owed in advance or upon arrival. The agreed prices include the respective statutory sales tax or value added tax. Invoices of the "Stiftsgasthof" are payable without due date, within 10 days from receipt of the invoice without deduction. The "Stiftsgasthof" is entitled to declare accrued claims due at any time and to demand immediate payment. In case of delayed payment, the "Stiftsgasthof" is entitled to charge interest in the amount of 8% above the respective discount rate of the Bundesbank, subject to proof of higher damage. The "Stiftsgasthof" is entitled to demand a deposit. As a rule, this corresponds to the price of one overnight stay per reserved room including breakfast, up to a maximum of 1,000 euros, and is to be paid within 2 weeks of receipt of the reservation confirmation. In case of early departure of the guests, for whatever reason, the agreed total amount will be due. If a guest uses the rooms given to him/her for a purpose other than the agreed purpose, "Brettmühle" is entitled to an extraordinary right of termination. Only the agreed, fixed number of persons may stay in the guest rooms. In case of violations, the accommodation contract becomes null and void and the corresponding fees will be charged.
If a guest uses the rooms provided to him/her for a purpose other than the agreed purpose, the "Stiftsgasthof" shall have an extraordinary right of termination. Only the agreed, fixed number of persons may stay in the guest rooms. In the event of violations, the accommodation contract shall become null and void and the corresponding fees shall become due.
If the guest has received a service and there is a reason for complaint, he/she must notify the host immediately. In the event of delayed notification, the guest shall forfeit his/her claim to subsequent performance or reduction.
§ 4 Provision of the rooms
The guest has no claim to the provision of a specific room.
Unless otherwise agreed, reserved rooms are available to the guest from 17.00 on the day of arrival and must be vacated by 10.00 on the day of departure. There is no right to earlier use of the booked rooms. In case of an intended departure after 10.00 o'clock the "Stiftsgasthof" has to be informed until 21.00 o'clock the evening before at the latest. Otherwise, the room will be considered booked for another night after 10:00 am. The "Stiftsgasthof" will keep the rooms free until 24.00 hrs on the day of arrival. Until this time the guest should have announced himself personally, by telephone or otherwise. The "Stiftsgasthof" is entitled to assign the rooms from 24.00 o'clock in order to avoid vacancies. The guest is obliged to fill in a registration form completely and truthfully on the day of arrival. This is indispensable for correct invoicing. Arrival and departure day are considered as one day for the reservation.
§ 5 city tax
Irrespective of the stated accommodation price, the local tax (visitor's tax/tourism tax) of € 2.20 is to be paid for each guest per night. This local tax corresponds to an overnight tax which is levied by and paid to the respective municipality. It is also obligatory to pass on the guest's overnight stay data to the tourism association.
§ 6 Safekeeping of property of the guest
The host shall keep the guest's found items for 4 weeks. However, the host is not liable for damage or loss of found items. The guest is entitled to demand such items from the host at any time. If the guest requests that found items be sent to him, this shall be done at the guest's expense. After 4 weeks, the host may destroy the items or sell them to third parties.
§ 7 Withdrawal
Cancellation of the contract concluded with the "Stiftsgasthof" by the guest free of charge requires written cancellation and must be received by the "Stiftsgasthof" by letter, fax or e-mail at least 3 days before the booking period. If the guest's declaration of cancellation is not received or is received later, the full accommodation price shall be payable.
Der Gastgeber kann einen aus dem Rücktritt entstandenen Schaden pauschalieren. Dem Kunden steht der Nachweis frei, das kein Schaden entstanden ist oder der dem Gastgeber entstandene Schaden niedriger ist, als die geforderte Pauschale. Der Gastgeber ist nur beim Vorliegen eines sachlich gerechtfertigten Grundes zum Rücktritt berechtigt. Diese liegt insbesondere vor, wenn höhere Gewalt oder andere vom Gastgeber nicht zu vertretende Umstände die Erfüllung des Vertrages unmöglich machen, seitens des Gastgebers ein begründeter Anlass zu der Annahme besteht, dass die Inanspruchnahme der Leistungen durch den Gast den reibungslosen Ablauf des Geschäftsbetriebes, die Sicherheit oder das Ansehen des Gastgebers in der Öffentlichkeit gefährden können, oder der Gast irreführende oder falsche Angaben zu seiner Person oder anderen wesentlichen Tatsachen macht. Bei einem berechtigten Rücktritt seitens des Gastgebers entsteht kein Anspruch des Gastes auf Schadensersatz.
§ 8 Limitation of Liability and Statute of Limitations
The guest and their accompanying persons shall be liable to the "Stiftsgasthof" for any damage or shortages caused to the inventory and furniture in the guest rooms during the rental period, as well as for the loss of the pension/room keys provided, in accordance with the statutory provisions. Theft and deliberate damage to property will be reported to the police. The "Stiftsgasthof" shall be liable for their obligations under this contract.
In the area of non-typical services, liability shall be limited to intent and gross negligence on the part of the "Stiftsgasthof". The "Stiftsgasthof" shall not be liable to the guest or the contractual partner if the provision of services becomes impossible in the event of a strike or as a result of force majeure. No liability shall be assumed for valuables or cash lost in the "Stiftsgasthof", unless the legal representatives and vicarious agents are demonstrably at fault. The "Stiftsgasthof" shall be liable to the guest for items brought in in accordance with the statutory provisions.
If the host makes a parking space available to the guest, this does not constitute a custodial relationship, regardless of whether this is made available for a fee or free of charge. The host shall not be liable for any damage. The German Road Traffic Regulations (StVO) apply on the premises.
Liability for lost profits, lost savings, damages from third party claims and other direct and indirect consequential damages is excluded.
The guest's claims shall become time-barred after one year from the day of the conclusion of the contract. This limitation of liability and short period of limitation shall also apply in favour of the "Stiftsgasthof" in the event of a breach of obligations during the initiation of the contract and positive breach of contract.
In all other respects, the general statutory provisions shall apply.
§ 9 Final provisions
Mündliche Nebenabsprachen bestehen nicht. Änderungen oder Ergänzungen dieses Vertrages bedürfen der Schriftform. Für alle Vertragspartner des »Stiftsgasthofes« und eventuell anhängige gerichtliche Streitigkeiten wird als Gerichtsstand Ried vereinbart. Der Erfüllungsort des »Stiftsgasthofes« ist Hochburg-Ach.
If any provision in this contract is or becomes invalid or voidable, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with one that is valid and comes as close as possible to what the parties would have agreed at the time of the conclusion of the contract if they had known of the invalidity.
The law of the Republic of Austria shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
