GTC
GTC
GTC
- General information
1.1 Eu, Techendorf 39, A-9762 Weißensee, (hereinafter referred to as the Hotel/Caterer) shall be governed exclusively by these General Terms and Conditions. Conflicting terms and conditions of the customer are only effective if they are expressly recognized in writing by the hotel/caterer.
1.2 Agreements deviating from or supplementing these General Terms and Conditions must be made in writing.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.
GENERAL TERMS AND CONDITIONS FOR THE
HOTEL INDUSTRY 2006
(AGBH 2006)
- 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as
“AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 2006.
1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006
are subsidiary to individual agreements.
- 2 Definition of terms
2.1 Definitions of terms:
“Proprietor”: is a natural or legal person who
Person who accommodates guests for a fee.
“Guest”: means a natural person who is accommodating
is utilized. The guest
is usually also the contractual partner.
Guests also include those persons,
traveling with the contractual partner
(e.g. family members, friends
etc).
“Contractual partner”: is a natural or legal person
of Germany or abroad, which are
guest or for a guest an accommodation contract
closes.
“Consumer” and
“Entrepreneur”: The terms are as defined in the Consumer Protection Act
1979 as amended
understand.
“Accommodation contract”:
If the agreement between the accommodation provider and
concluded with the contractual partner
contract, the content of which is described in
is regulated.
- 3 Conclusion of contract – down payment
3.1 The accommodation contract shall come into force upon acceptance of the contracting party’s order.
by the accommodation provider. Electronic declarations apply
shall be deemed to have been received if the party for whom they are intended has received them in the ordinary course of business.
circumstances, and access during the announced business hours.
of the accommodation provider.
3.2 The Proprietor shall be entitled to terminate the Accommodation Agreement under the condition that
that the contractual partner makes a down payment. In this case
The Proprietor shall be obliged, prior to accepting the written or oral
Order of the contractual partner, the contractual partner to the required down payment
to point out. If the contractual partner agrees to the down payment (in writing)
or verbally), the accommodation contract comes into force upon receipt of the
Declaration of consent to the payment of the contractual partner’s deposit
with the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit within 7 days (receipt) at the latest.
prior to accommodation. The costs for the cash transaction (e.g.
transfer charges) shall be borne by the contractual partner. The following apply to credit and debit cards
the respective terms and conditions of the card companies.
3.4 The down payment is a partial payment of the agreed fee.
- 4 Start and end of accommodation
4.1 The Party shall have the right, unless the Proprietor has agreed to a different reference period
offers to use the rented rooms from 4 p.m. on the agreed day (“day of arrival”)
to obtain.
4.2 If a room is occupied for the first time before 6.00 a.m., the following applies
the previous night as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner on the day of departure by
12.00 noon. The accommodation provider is entitled to add a further day in
invoice if the rented rooms are not vacated in due time.
are.
- 5 Withdrawal from the accommodation contract – cancellation fee
Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the down payment has been
by the contracting party in due time, the accommodation provider may, without
withdraw from the accommodation contract after a grace period.
5.2 If the guest does not appear by 6.00 p.m. on the agreed day of arrival
no obligation to provide accommodation unless a later arrival time is agreed.
was agreed.
5.3 If the contractual partner has made a down payment (see 3.3), the following shall remain unaffected
the premises by 12.00 noon on the agreed day of arrival at the latest
reserved for the following day. In the case of advance payment of more than four days, the
Accommodation must be provided from 6 p.m. on the fourth day, whereby the day of arrival is
first day, unless the guest specifies a later arrival date.
known.
5.4 No later than 3 months before the agreed date of arrival of the contractual partner
The accommodation contract may be terminated by the accommodation provider for objectively justified reasons.
reasons, unless otherwise agreed, by a unilateral decision of the
declaration can be dissolved.
Withdrawal by the contractual partner – cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the
Accommodation contract without payment of a cancellation fee by unilateral declaration
be terminated by the contractual partner.
5.6 Outside the area specified in § 5.5. period, withdrawal is possible by unilateral
Declaration by the contractual partner only subject to payment of the following cancellation fees
possible:
– up to 1 month before the day of arrival 40% of the total package price;
– up to 1 week before the day of arrival 70 % of the total package price;
– 90% of the total package price in the last week before the day of arrival.
Obstacles to arrival
5.7 If the Party is unable to stay at the accommodating establishment on the day of arrival
because unforeseeable extraordinary circumstances (e.g. extreme weather conditions)
snowfall, flooding etc) all travel options impossible
the contractual partner is not obliged to pay the agreed remuneration for the days
to be paid on arrival.
5.8 The obligation to pay for the booked stay commences on the date of arrival
again if arrival is possible again within three days.
will.
- 6 Provision of alternative accommodation
6.1 The Proprietor may provide the Party or the guests with adequate alternative accommodation.
(of the same quality), if the contractual partner wishes to do so.
is reasonable, especially if the deviation is minor and factual.
is justified.
6.2 An objective justification is given, for example, if the space
(the rooms) has (have) become unusable, guests already accommodated have left their
extend your stay, there is an overbooking or other important operational reasons.
measures require this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
- 7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires
the right to the normal use of the rented premises, the facilities
of the accommodation establishment, which are customary and without special conditions
are accessible to guests for use, and to the usual service.
The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines
(house rules).
- 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to return the
agreed remuneration plus any additional amounts that may be payable on the basis of separate
services used by him and/or the guests accompanying him
are to be paid plus statutory value added tax.
8.2 The Proprietor shall not be obliged to accept foreign currencies. Accepted
foreign currencies, these will be charged at the daily exchange rate if possible.
taken in payment. Should the accommodation provider use foreign currencies or
accept cashless means of payment, the contractual partner shall bear all associated
related costs, such as inquiries with credit card companies,
Telegrams, etc.
8.3 The Party shall be liable vis-à-vis the Proprietor for any damage that the Party
or the guest or other persons who, with the knowledge or will of the contractual partner
services of the accommodation provider.
- 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the agreed remuneration or if the contractual partner is
he is in arrears, the accommodation provider is entitled to the statutory right of retention.
pursuant to § 970c ABGB and the statutory lien pursuant to § 1101
ABGB to the items brought in by the contractual partner or the guest.
This right of retention or lien is also available to the accommodation provider to secure
its claim under the accommodation contract, in particular for meals,
other expenses incurred on behalf of the contractual partner and
for any claims for compensation of any kind.
9.2 If the service is provided in the contractual partner’s room or for exceptional
times of day (after 8.00 p.m. and before 6.00 a.m.), the accommodation provider is
entitled to charge a special fee for this. However, this special fee is
on the room rate board. The accommodation provider may provide these services
for operational reasons.
9.3 The Proprietor shall have the right to demand settlement or interim settlement at any time.
to his performance.
- 10 Obligations of the accommodation provider
10.1 The Proprietor shall be obliged to provide the agreed services in a manner appropriate to its
standard.
10.2 Special services provided by the accommodation provider that are not included in the accommodation fee
are included are exemplary:
- a) Special accommodation services that are invoiced separately.
such as the provision of salons, sauna, indoor swimming pool,
Swimming pool, solarium, garage, etc;
- b) For the provision of additional beds or children’s beds, a reduced rate is charged.
Price calculated.
- 11 Liability of the accommodation provider for damage to items brought in
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party.
Stuff. The accommodation provider is only liable if
hand over the items to the Proprietor or to persons authorized by the Proprietor
or brought to a place instructed or designated by them for this purpose
have been made. If the accommodation provider is unable to provide proof, the accommodation provider shall be liable
for his own negligence or the negligence of his employees and the
outgoing and incoming persons. The accommodation provider is liable pursuant to § 970 para. 1
ABGB at most up to the maximum amount stipulated in the Federal Act of November 16, 1921 on the
Liability of innkeepers and other entrepreneurs as amended from time to time
fixed amount. If the contractual partner or the guest fails to comply with the
of the accommodation provider to deposit his items in a special storage location
the accommodation provider is released from any liability.
The amount of any liability of the accommodation provider is limited to a maximum of the
liability insurance sum of the respective accommodation provider. A fault
of the contractual partner or guest must be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. Is
the contractual partner is an entrepreneur, liability is also assumed for gross negligence.
excluded. In this case, the contractual partner bears the burden of proof
for the existence of fault. consequential or indirect damages and
lost profits will not be replaced under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of
of currently € 550. The accommodation provider shall be liable for any additional
damage only in the event that he has used these items with knowledge of their
for safekeeping or in the event that the damage was caused by
was the fault of himself or one of his employees. The limitation of liability
in accordance with 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities.
if the items in question are significantly more valuable than
guests of the accommodation establishment in question usually leave in safekeeping.
11.5 Liability is excluded in any case of assumed storage,
if the contractual partner and/or guest becomes aware of the damage that has occurred
does not notify the accommodation provider immediately. Moreover, these claims are within
three years from knowledge or possible knowledge by the contractual partner
or assert it in court; otherwise the right is extinguished.
- 12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor’s liability for
slight negligence, with the exception of personal injury, is excluded.
12.2If the Party is an Entrepreneur, the Proprietor’s liability for
slight and gross negligence are excluded. In this case, the contractual partner shall bear
the burden of proof for the existence of fault. Consequential damage,
immaterial damages or indirect damages as well as lost profits are
not replaced. The damage to be compensated shall in any case be limited to the
Amount of the reliance interest.
- 13 Animal husbandry
13.1 Animals may only be kept with the prior consent of the Proprietor and, if necessary
be brought to the accommodation establishment for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to keep this animal
to properly store or supervise his or her residence or
to have it stored or supervised by a suitable third party at its own expense.
leave.
13.3 The contractual partner or guest taking an animal with them must have an appropriate
Animal liability insurance or personal liability insurance that
also covers possible damage caused by animals. The proof
of the relevant insurance must be provided at the request of the accommodation provider.
provide.
13.4 The Party or its insurer shall be liable to the Proprietor for
undivided hand for the damage caused by animals brought along. The damage
also includes in particular those compensation services of the accommodation provider that the
accommodation provider has to provide to third parties.
13.5 In the lounges, function rooms, restaurant rooms and wellness areas, the following are permitted
animals do not stay.
- 14 Extension of the accommodation
14.1 The contractual partner is not entitled to have his stay extended.
will. If the contractual partner cancels its wish to extend the stay
in good time, the accommodation provider may refuse to extend the accommodation contract.
agree. The accommodation provider is under no obligation to do so.
14.2 If the Party is unable to use the accommodating establishment on the day of departure, the
because of unforeseeable extraordinary circumstances (e.g. extreme weather conditions).
snowfall, flooding, etc.) all departure options are closed or not available.
usable, the accommodation contract shall be terminated for the duration of the impossibility of use.
automatically extended upon departure. A reduction in the fee for these
time is only possible if the contractual partner does not accept the offered
Services provided by the accommodation provider as a result of the exceptional weather conditions
cannot be used in its entirety. The accommodation provider is entitled to
to request at least the remuneration that corresponds to the price usually charged in
corresponds to the low season.
- 15 Termination of the accommodation contract – early termination
15.1 If the Accommodation Agreement was concluded for a fixed term, it shall end
with the passage of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to claim the full
to demand the agreed remuneration. The accommodation provider will deduct what he
is saved as a result of the non-utilization of his service offer or
which he has received by renting the ordered rooms to other parties. One
Savings are only deemed to have been made if the accommodation establishment is
Non-utilization of the rooms booked by the guest to full capacity
and the premises are vacated due to the cancellation of the contractual partner
can be rented out to other guests. The burden of proving the savings lies with the
Contractual partner.
15.3 The contract with the Proprietor shall end upon the death of a Guest.
15.4 If the accommodation contract was concluded for an indefinite period of time, then
the parties to the contract, by 10.00 a.m. on the third day before the intended
terminate the contract.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect.
for good cause, in particular if the contractual partner or
the guest
- a) makes significantly detrimental use of the premises or
by his reckless, offensive or otherwise grossly improper behavior
the other guests, the owner, the owner’s staff or the staff of the accommodation establishment
living together towards third parties
or commits an offense punishable by law against these persons
against property, morality or physical safety
is guilty;
- b) from a contagious disease or a disease that extends beyond the period of accommodation
is infested or otherwise in need of care;
- c) to pay the invoices submitted when due within a reasonable period of time.
deadline (3 days) not paid.
15.6 If the fulfillment of the contract is prevented by an event to be considered force majeure
(e.g. natural disasters, strike, lockout, official orders, etc.)
becomes impossible, the accommodation provider may terminate the accommodation contract at any time without
notice period, provided that the contract has not already been terminated after
is deemed to be dissolved by law, or the accommodation provider is released from his obligation to provide
is exempt. Possible claims for damages etc. of the contractual partner
are excluded.
- 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodating establishment, then
the accommodation provider must provide medical care at the request of the guest. Is danger
in default, the accommodation provider will provide medical care even without special
request of the guest, in particular if this is necessary in order to
and the guest is not in a position to do so himself.
16.2 As long as the guest is not in a position to make decisions or the relatives
of the guest cannot be contacted, the accommodation provider will be
Provide medical treatment at the expense of the guest. The scope of these care measures
ends, however, at the point in time at which the guest makes decisions
or the relatives have been notified of the illness.
are.
16.3 The Proprietor shall be obliged vis-à-vis the Party and the Guest or in the event of death
against their legal successors in particular for the following costs:
- a) outstanding medical costs, costs for patient transportation, medication and medical aids
- b) room disinfection that has become necessary,
- c) linen, bedding and bed furnishings that have become unusable, otherwise
for the disinfection or thorough cleaning of all these items,
- d) Restoration of walls, furnishings, carpets, etc,
if they are contaminated in connection with the illness or death
or damaged,
- e) Room rental, insofar as the room is used by the guest.
plus any days on which the rooms cannot be used because of
Disinfection, evacuation, etc,
- f) any other damage incurred by the accommodation provider.
- 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodation establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law under
Exclusion of the rules of private international law (esp. IPRG and EVÜ)
and UN sales law.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of
of the accommodation provider, whereby the accommodation provider is also entitled to exercise his rights
also be asserted before any other court with local and subject-matter jurisdiction.
make.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer
and has his domicile or habitual residence in Austria,
actions against the consumer may only be brought at the consumer’s domicile, usual place of
the place of residence or place of employment of the consumer
become.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer
and is resident in a member state of the European Union (with the exception of
Austria), Iceland, Norway or Switzerland, this is not relevant for the
domicile of the consumer for legal actions against the consumer in terms of place and subject matter
competent court shall have exclusive jurisdiction.
- 18 Other
18.1 Unless the above provisions provide otherwise, the term begins
of a deadline upon delivery of the document ordering the deadline to the contracting parties,
which must comply with the deadline. When calculating a deadline, which
is determined by days, the day in which the point in time
or the event after which the start of the period is to be determined.
Deadlines determined by weeks or months refer to the day
of the week or month which, by its designation or number, corresponds to the
days from which the period is to be counted. If this day is missing in the
month, the last day of that month is decisive.
18.2 Declarations must be submitted to the other contracting party on the last day of the
deadline (midnight).
18.3 The Proprietor shall be entitled to offset claims of the Party with its own claims.
receivables. The contractual partner is not entitled to use its own
claims against claims of the accommodation provider, unless
the accommodation provider is insolvent or the claim of the contracting party is
established by a court or recognized by the accommodation provider.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.
EVENTCATERING:
- Range of goods
Our extensive range is always subject to seasonal changes. If individual items are temporarily unavailable, we reserve the right to replace them with goods of at least equal value. Of course, our offer is to be regarded as a proposal, which we are happy to modify in any way requested by our customers.
- Order and delivery
3.1 In order to guarantee the quality of the food, the final number of people must be announced 2 working days before the event. For changes within 48 hours we take the liberty of serving alternatives.
3.2 The Caterer shall only meet agreed deadlines on condition that normal operations are maintained. Strikes, cases of force majeure, operational disruptions of any kind, such as power failures, shall release us from the obligations assumed.
3.3 Any complaints about the event must be made by the customer immediately (if possible on site), but no later than 3 days after the event, otherwise the service shall be deemed to have been accepted by the customer. The caterer assumes no liability for improper storage by the client.
3.4 The duty of care for rented items shall be incumbent on the client from the time they are taken over until they are returned. The client is responsible for any damage or loss.
- Prices
4.1 All prices and price quotations are quoted in EURO, even if not expressly designated as such, excluding statutory taxes and duties and other ancillary public charges that may be incurred.
4.2 The offer prices are only valid for undivided orders.
4.3 The offer prices are valid for four months from conclusion of the contract. After the expiry of these four months, the caterer is entitled to pass on the price increases of the manufacturers or suppliers or wage increases to the client. The client may withdraw from the contract if the price is more than 10% higher than the price at the time the contract was concluded.
4.4 If the start or progress of the service provision is delayed for reasons for which the Caterer is not responsible, the Caterer shall be entitled to charge separately for the additional expenses incurred as a result.
4.5 The prices quoted, in particular all-inclusive prices, refer exclusively to the services listed in the offer. In particular, the rental of event rooms, tents or similar space creation measures are not included in the offer, unless expressly mentioned in the offer – the same applies to any ancillary costs associated with the premises, such as advance payments to local restaurants.
- Cancellation conditions
5.1 After the order has been placed, 20 percent of the final offer will be charged if the order is canceled up to 7 days before the event.
5.2 Cancellations up to 3 days before the event will be charged 70 percent of the final offer.
5.3 Cancellations made less than 3 days before the event will be charged at 100 percent of the final offer.
- Terms of payment
6.1 In order to be able to guarantee the proper realization of your event, we take the liberty of charging you an advance payment amounting to 50 percent of the final offer.
After receipt of invoice 14 days net without deduction.
6.2 The client is not entitled to withhold payments due to incomplete performance or complaints. The client may only offset undisputed or legally established claims.
- Insurance
The organizer must take out any insurance himself.
- Place of jurisdiction
The place of jurisdiction for all disputes arising directly or indirectly between the Caterer and the Customer shall be the Commercial Court of Vienna. However, the Caterer is also entitled to appeal to another court with jurisdiction over the Customer.
