ALLGEMEINE GESCHÄFTSBEDINGUNGEN Der TYROLADIS KOEHLE OG

 

TyroLadis Koehle OG

 

Daniela und Gerhard Köhle

Razilweg 40, 6532 Ladis 

 

Mobil: +43 (0) 699 10 75 6464   

 

Email: info@tyroladis.com

Internet: www.tyroladis.com



Scope

Contract conclusion - down payment

Beginning and end of the accommodation

Cancellation of the accommodation contract - cancellation fee

Provision of a substitute accommodation

Rights of the contracting party

Obligations of the contracting party

Rights of the hostess

duties of the hostess

Liability of the hostess for damage to objects brought

limitations of liability

livestock farming

Extension of accommodation

Termination of the accommodation contract - Early termination

Illness or death of the guest in the accommodation contract

Place of fulfillment, jurisdiction and choice of law

 

 

 

§ 1 Scope

1.1 These General Terms and Conditions for TyroLadis Koehle OG are based on the General Terms and Conditions for the Hotel Industry (hereinafter "GTC 2006") and supersede all previous ÖHVB in the version of 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.

 

§ 2 Definitions

"Hostess":

"Guest":

"Party":

"Consumer" and "Entrepreneur":

"Accommodation Agreement":

Is a natural or legal person who accommodates guests for a fee.

Is a natural person who takes shelter. The guest is usually contracting party as well. Guests are also those persons who arrive with the contracting party (eg family members, friends etc).

Is a natural or legal person of the inland or foreign country, who concludes an accommodation contract as a guest or for a guest. The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended. Is the contract concluded between the hotelier and the contracting party, the contents of which are specified in more detail below.

 

§ 3 contract - deposit

3.1 The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic declarations shall be deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access is made to the advertiser's stated business hours.

3.2 The Proprietor is entitled to conclude the accommodation contract on the condition that the contracting party pays a down payment. In this case, the hotelier is obliged, before accepting the written or verbal order of the contracting party, to inform the contracting party of the required down payment. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the agreement to pay the down payment of the contracting party to the hotelier.

3.3 The contracting party is obliged to pay the down payment no later than 12 days after receipt of the accommodation. The costs of the financial transaction (for example, transfer charges) are borne by the contracting party. Credit and debit cards are subject to the terms and conditions of the card companies.

3.4 The down payment is a partial payment on the agreed fee

 

§ 4 Beginning and end of accommodation

4.1 The contracting party has the right, if the hotelier offers no other reference time, to move into the rented rooms at the latest from 16.00 o'clock of the agreed day ("day of arrival").

4.2 If a room is booked for the first time before 6:00 am, the previous night counts as the first night.

4.3 The rented rooms are to be cleared by the contracting party on the day of departure until 11.00 am. The hotelier is entitled to charge an extra day if the rented rooms are not vacated on time.

 

 

§ 5 Withdrawal from the accommodation contract - Cancellation fee Cancellation by the hostess

5.1 If the accommodation contract provides for a down payment and the advance payment was not made on time by the contracting party, the hotelier may withdraw from the accommodation contract without a period of grace.

5.2 If the guest does not show up by 6 pm on the agreed arrival day, there is no accommodation requirement, unless a later arrival time has been agreed.

5.3 If the contracting party has made a down payment (see 3.3), on the other hand, the premises remain reserved until 12.00 noon on the day following the agreed arrival date. For prepayment of more than four days, accommodation starts at 6 pm on the fourth day, with the day of arrival being the first day, unless the guest announces a later day of arrival.

5.4 Up to 3 months before the agreed date of arrival of the contracting party, the lodging contract may be terminated by the hotelier, for factually justified reasons, unless otherwise agreed, by unilateral declaration. Cancellation by the contracting party - cancellation fee

5.5 No later than 3 months before the agreed date of arrival of the guest, the accommodation contract may be dissolved without payment of a cancellation fee by unilateral declaration by the contracting party.

4.6 Outside of the § 5.5. a withdrawal by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:

- up to 3 months no cancellation fees

- 3 to 1 month prior to the arrival date 40% of the total arrangement price;

- 1 month to 1 week before the arrival date 70% of the total arrangement price;

- in the last week before the day of arrival 90% of the total arrangement price.

 

 Disabilities of arrival

 

5.7 If the contractual partner can not appear at the accommodation on the day of arrival, because all unforeseeable circumstances (eg extreme snowfall, flood etc.) make it impossible to travel, the contractual partner is not obliged to pay the agreed fee for the day of arrival.

5.8 The fee payment obligation for the booked stay lives on from arrival possibility again, if the journey becomes possible again within three days.

 

§ 6 Provision of a substitute accommodation

6.1 The Proprietor may provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the other party, especially if the deviation is insignificant and objectively justified.

6.2 A factual justification is given, for example, when the rooms have become unusable, guests already quartered extend their stay, overbooking or other important operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation will be at the expense of the hotelier.

 

§ 7 Rights of the contracting party

7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the tourist accommodation, which are normally accessible to the guests for use and without any special conditions, and the usual service. The contractual partner has to exercise his rights in accordance with any hotel and / or guest guidelines (house rules).

 

§ 8 Obligations of the contracting party

 

8.1 The contracting party is obligated to pay the agreed fee plus any additional amounts incurred on the basis of separate use of services by him and / or the guests accompanying him plus statutory sales tax no later than 5 days after departure.

8.2 The Proprietor is not obliged to accept foreign currencies. If the hostess accepts foreign currencies, these will be taken into account at the current exchange rate. If the hotelier accepts foreign currency or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, etc.

8.3 The contracting party shall be liable to the hotelier for any damage he or the guest or other persons who receive services of the hotelier with the knowledge or the will of the contracting party.

 

§ 9 Rights of the hostess

9.1 If the contractual partner refuses to pay the conditional fee or if he is in arrears, then the hotelier is entitled to the legal right of retention pursuant to § 970c ABGB and the legal lien pursuant to § 1101 ABGB to the items brought in by the contracting party or the guest. This right of retention or lien is also for the hotelier to secure his claim under the accommodation contract, in particular for expenses incurred for the contracting party and for any claims for compensation of any kind.

9.2 If the service is required in the chalet of the contracting party or at exceptional times of the day (after 8 pm and before 6 am), the hotelier is entitled to demand a special fee. However, special fees are to be distinguished on the website of the hostess. The hotelier can also refuse these services for operational reasons.

9.3 The Proprietor is entitled to the right to anytime billing or interim billing of their performance.

 

§ 10 Duties de Beherbergerin

10.1 The Proprietor is obliged to provide the agreed services to an extent that complies with its standard.

10.2 Special services of the hoteliers which are subject to a mark and not included in the accommodation charge are exemplary:

a) Interim cleaning

b) bread roll or breakfast service

 

§ 11 Special services of accommodation, such as the provision of salons, sauna, solarium, garaging, etc., will not be charged separately. A reduced price will be charged for the provision of extra beds or cots. Liability of the hostess for damage to objects brought

11.1 The Proprietor is liable in accordance with §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the hotelier is only given if the property has been handed over to the hotelier or the people authorized by the hotelier, or has been taken to a location designated or designated by the hotelier. If the Proprietor does not succeed in proving the evidence, the Proprietor is liable for its own fault or the fault of their people as well as the outgoing and incoming persons. According to § 970 Abs 1 ABGB, the Proprietor is liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contracting partner or the guest does not comply with the request of the hostess to deposit his belongings at a special repository without delay, the hotelier is released from any liability. The amount of the possible liability of the hotelier is limited to a maximum of the liability insurance sum of the hotelier. A fault of the contracting party or guest must be considered.

11.2 The liability of the hostess is excluded for slight negligence. If the contracting party is an entrepreneur, the liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential or indirect damages as well as lost profits are in no way replaced.

11.3 The hotelier is liable for valuables, money and securities only up to the amount of currently € 550, -. The Proprietor is liable for any further damage only in the event that she has taken over these things in knowledge of their condition for safekeeping or in the event that the damage was caused by her or one of her people. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis.

11.4 The lodger may refuse to keep valuables, money and securities if they are of much more valuable value than guests of the lodging establishment usually keep in custody.

11.5 In each case of the accepted storage, the liability is excluded if the contracting party and / or guest notify the occurred damage from knowledge immediately to the hotelier. Moreover, these claims are to be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise the right is extinguished.

 

§ 12 Limitation of Liability

12.1 If the contractual partner is a consumer, the liability of the hoteliers for slight negligence, with the exception of personal injury, is excluded.

12.2 If the contracting party is an entrepreneur, the liability of the hoteliers for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be replaced always finds its limit in the amount of confidence.

 

§ 13 animal husbandry

 

13.1 Animals may only be brought to the accommodation provider with the prior consent of the hostess and, if necessary, against special remuneration.

13.2 The contracting party taking along an animal is obliged to keep this animal in good condition during its stay or to have it supervised or to have it kept or supervised by suitable third parties at its own expense.

13.3 The contracting party or guest who takes along an animal must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the hostess.

13.4 The contractual partner or his insurer shall be liable to the hotelier for the undivided hand for the damage caused by the animals brought along. The damage also includes in particular those compensation payments made by the hotelier, which the hotelier must provide to third parties.

13.5 In dormitories and saunas or infrared cabins animals must not be allowed to stay.

 

 

§ 14 Extension of accommodation

14.1 The contracting party is not entitled to a prolongation of his stay. If the contracting party terminates his request for an extension of his stay in good time, the hotelier may agree to the extension of the accommodation contract. The hostess makes no commitment.

14.2 If the contractual partner can not leave the accommodation company on the day of departure because of unforeseeable circumstances (such as extreme snowfall, flood etc.), all departure options are blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contracting party can not fully use the offered services of the accommodation company due to the extraordinary weather conditions. The Proprietor is entitled to claim at least the fee corresponding to the usually charged price in the off-season.

 

§ 15 Termination of the accommodation contract - Early dissolution

15.1 If the accommodation contract has been concluded for a certain period of time, it ends with the passage of time.

15.2 If the contracting partner leaves prematurely, the hotelier is entitled to demand the full agreed remuneration. The hotelier will deduct what she saves as a result of non-use of her services or what she has received by renting the rooms elsewhere. A saving exists only if the accommodation company is fully utilized at the time of non-use of the rooms ordered by the guest and the space can be rented to other guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.

15.3 The death of a guest ends the contract with the hostess.

15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract.

15.5 The hotelier is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest

 

a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper behavior, disgusts the co-residence of the other guests, the owner, his / her people or the third-party resident in the accommodation establishment, or faces a punishable offense against these persons guilty of property, morality or physical safety;

 

(b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation;

 

c) the invoices submitted are not paid when due within a reasonable period (3 days).

 

15.6 If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract has already been terminated by law applies, or the hostess is exempt from his accommodation obligation. Any claims for damages etc. of the contracting party are excluded.

  

§ 16 illness or death of the guest

16.1 If a guest falls ill during his stay at the tourist accommodation, the hotelier will provide medical care for the guests. If danger is imminent, the host will arrange the medical care even without special request of the guest, especially if this is necessary and the guest is not able 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 can not be contacted, the host will arrange for medical treatment at the guest's expense. However, the scope of these measures ends when the guest can make decisions or when the family member has been notified of the illness.

16.3 The Proprietor has claims against the Contractual Partner and the Guest or, in the event of death, against their legal successors, in particular for the following costs:

 

a) medical costs, medical expenses, medicines and medical treatment

 

b) necessary room disinfection,

 

c) wasted laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,

 

d) restoration of walls, furnishings, carpets, etc., as far as they have been contaminated or damaged in connection with the illness or death,

 

e) room rent, as far as the space was used by the guest, plus any days of inoperability of the rooms due to disinfection, eviction, etc.,

 

f) any other damages incurred by the hotelier.

 

§ 17 Place of fulfillment, jurisdiction and choice of law

17.1 Place of performance is the place where the tourist accommodation is located (Razilweg 40, 6532 Ladis).

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

17.3 The exclusive place of jurisdiction is the District Court Landeck / Tyrol, whereby the hotelier is also entitled to assert her rights with any other local and relevant court.

17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and has his domicile or habitual residence in Austria, actions against the consumer may only be brought in at the domicile, habitual residence or place of employment of the consumer.

17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and resides in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is local and objective for the consumer's domicile for complaints against the consumer competent court exclusively responsible.

 

§ 18 Miscellaneous

18.1 Unless otherwise provided for by the above provisions, the period of time commences upon notification of the document ordering the time limit to the contracting parties which has to respect the time limit. When calculating a time limit which is determined by days, the day is not taken into account in which the time or event falls after which the beginning of the period is to be determined. Periods determined by weeks or months refer to the days of the week or the month which, by its designation or number, corresponds to the day of which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.

18.2 Statements must be received by the other party on the last day of the deadline (24:00).

18.3 The Proprietor is entitled to charge against claims of the contractor with own claims. The contracting party is not entitled to set off its own claims against claims of the hotelier, unless the hotelier is insolvent or the claim of the contracting party is legally established or recognized by the hotelier.

18.4 In the event of loopholes, the relevant statutory provisions apply.