Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY
(GTCH)

Valid for the Grand Hotel Europa in Innsbruck.



§ 1 Scope of application

1.2 1.1 The GTCH shall not exclude special agreements. The GTCH are subsidiary to agreements made on an individual basis.


§ 2 Definitions

2.1 Definitions:

“Proprietor”:
Is an individual or legal entity which accommodates guests against remuneration.

“Guest”:
Is an individual who makes use of the accommodation. As a rule, the Guest is at the same time Contracting Party. Those persons who travel with the contracting party are also considered as guest (e.g. family members, friends, etc.).

“Contracting Party”:
Is a domestic or foreign individual or legal entity which enters into an Accommodation Agreement as a Guest or on behalf of a Guest.

“Consumer” and “Entrepreneur”:
These terms are to be understood as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.

“Accommodation Agreement”:
Is the Agreement made between the Proprietor and the Contracting Party, the contents of which will be stipulated in the following.


§ 3 Conclusion of Agreement – down payment

3.1 The Accommodation Agreement comes into existence through the acceptance of the Contracting Party’s order by the Proprietor. Electronic declarations are considered as received if the Party for which they are intended can collect these declarations under normal circumstances, and the access occurs during the published business hours of the Proprietor.

3.2 The Proprietor is entitled to enter into the Accommodation Agreement under the condition that the Contracting Party makes a down payment. In this case, the Proprietor is obligated to refer the Contracting Party to the required down payment before acceptance of the Contracting Party’s written or oral order. If the Contracting Party agrees to the down payment (in writing or orally), the Accommodation Agreement with the Proprietor comes into existence upon receipt of the Contracting Party’s declaration of consent concerning the payment of the down payment.

3.3 Down payment:
If nothing else has been stipulated, the following down payment conditions apply (for groups of 10 or more people):

Up to 30 days before arrival                                                 40% of the total amount
Up to 14 days before arrival                                                 50% of the total amount

The Contracting Party is obligated to pay the down payment of 90% no later than 14 days (arriving) before the accommodation. The Contracting Party bears the costs for the financial transaction (e.g. remittance fee). The respective conditions of the card companies apply to credit and debit cards.  

3.4 The down payment is an instalment of the agreed remuneration


§ 4 Start and end of accommodation

4.1 If the Proprietor does not offer any other time of occupancy, the Contracting Party is entitled to occupy the rented rooms starting at 3 p.m. of the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6 a.m., the preceding night counts as the first overnight stay.

4.3 The rented rooms are to be vacated by the Contracting Party by 11 a.m. on the date of departure. The Proprietor is entitled to charge another day if the rented rooms are not vacated in due time


§ 5 Rescission of the Accommodation Agreement – cancellation fee
Rescission by the Proprietor

5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Contracting Party in due time, the Proprietor can rescind the Accommodation Agreement without granting any grace period.

5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, there is no obligation to provide accommodations, unless a later time of arrival has been agreed upon.

5.3 If the Contracting Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 11 a.m. on the day following the stipulated date of arrival at the latest. Upon advance payment of more than four days, the obligation to provide accommodations ends at 6 p.m. on the fourth day, in which case the first day is counted as the date of arrival, unless the Guest discloses a later date of arrival.

5.4 Unless otherwise agreed upon, the Proprietor can rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration no later than 3 months before the Contracting Party’s agreed date of arrival.

Rescission through the Contracting Party – cancellation fee

5.5 Up until 6 p.m. of the agreed date of the arrival of the Guest, the Accommodation Agreement can be rescinded without payment of a cancellation fee by means of a unilateral declaration through the Contracting Party.
A rescission or a no-show occurring later results in the charge of a cancellation fee in the amount of 100% of the first overnight stay. Bookings for groups of 10 or more people and package bookings are excluded from this provision.

5.6 Rescission with group bookings through unilateral declaration of the Contracting Party is only possible under payment of the following cancellation fees:

  1. Only lodging
  1. From 70 rooms:

Up to 90 days before your arrival                            free
From 89 days before arrival                                    30% of the agreed price
From 59 days before arrival                                    40% of the agreed price
From 29 days before arrival                                    60% of the agreed price
From 14 days before arrival                                    80% of the agreed price
From the 6th day before arrival or with non-arrival   100% of the agreed price

  1. From 50 rooms:

Up to 60 days before your arrival                            free
From 59 days before arrival                                    40% of the agreed price
From 29 days before arrival                                    60% of the agreed price
From 14 days before arrival                                    80% of the agreed price
From the 6th day before arrival or with non-arrival   100% of the agreed price

  1. From 49 rooms:

Up to 40 days before your arrival                            free
From 39 days before arrival                                    40% of the agreed price
From 29 days before arrival                                    60% of the agreed price
From 14 days before arrival                                    80% of the agreed price
From the 6th day before arrival or with non-arrival   100% of the agreed price

  1. Lodging & F&B
Up to 90 days before your arrival                              free
From 69 days before arrival                                      30% of room and premises rental plus 25% of the lost sales (food and beverages)
From 59 days before arrival                                      40% of room and premises rental plus 33% of the lost sales (food and beverages)
From 29 days before arrival                                      60% of room and premises rental plus 50% of the lost sales (food and beverages)
From 14 days before arrival                                      80% of room and premises rental plus 75% of the lost sales (food and beverages)

A rescission through the Contracting Party occurring later results in the charge of a cancellation fee in the amount of 100% of the agreed price of room and premises rental as well as the lost sales of food and beverages



Obstructions of arrival


5.7 If the Contracting Party cannot appear at the accommodating establishment on the date of arrival because all arrival possibilities are impossible due to unforeseeable extraordinary circumstances, the Contracting Party is nevertheless obligated to pay the agreed remuneration for the date of arrival.

5.8 The obligation to pay the remuneration for the booked stay is revived if the arrival becomes possible again within three days


§ 6 Provision of substitute accommodation

6.1 The Proprietor can provide the Contracting Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, especially if the difference is insignificant and objectively justified.

6.2 An objective justification shall, for example, be deemed given if the room or rooms has or have become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational measures.

6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor


§ 7 Rights of the Contracting Party

7.1 By entering into an Accommodation Agreement, the Contracting Party acquires the right to normal use of the rented rooms and the facilities of the accommodating establishment which are normally accessible to guests for utilisation without any special conditions and of the usual service. The Contracting Party has to exercise their rights in accordance with any hotel and/or guest regulations (rules of the house).


§ 8 Obligations of the Contracting Party

8.1 The Contracting Party is obligated by no later than the date of departure to pay the agreed remuneration plus any extra amounts which have arisen due to the use of special services by the Contracting Party and/or the accompanying guests plus statutory VAT. 

8.2 The Proprietor is not obligated to accept foreign currencies. If the Proprietor accepts foreign currencies, this shall be accepted at the daily rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Contracting Party bears any associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The Contracting Party is liable vis-à-vis the Proprietor for any damage caused by themselves or the Guest or other persons which accept the services of the Proprietor with the knowledge or intention of the Contracting Party.


§ 9 Rights of the Proprietor

9.1 If the Contracting Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor is entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien pursuant to § 1101 of ABGB with respect to the items brought along by the Contracting Party or the Guest.
Furthermore, the Proprietor is entitled to make use of this right of retention or lien in order to secure his/her claims under the Accommodation Agreement, particularly for catering, other expenses made for the Contracting Party and for claims for compensation of any nature.

9.2 If services are requested in the room of the Contracting Party or during unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor is entitled to charge an extra remuneration. However, this extra remuneration is to be indicated on the room price board. The Proprietor can also refuse these services for operational reasons.

9.3 The Proprietor is entitled to billing or interim billing of his/her services at any time.


§ 10 Obligations of the Proprietor

10.1 The Proprietor is obliged to render the agreed services to an extent that complies with his/her standard.

10.2 For instance, extra services of the Proprietor – which are not included in the accommodation remuneration – are:

a) Extra accommodation services which can be charged separately, such as the provision of lounges/parlours, sauna, indoor swimming pool, outdoor swimming pool, solarium, garages etc.

b) A reduced price shall be charged for the provision of additional beds or cribs. Children from 0 – 6 years receive a reduction of 100% if they are accommodated in the room of the parents. Children from 7 – 12 years receive a reduction of 50% if they are accommodated in the room of the parents.


§ 11 Liability of the Proprietor for damage to items brought along

11.1 The Proprietor is liable for the items brought along by the Contracting Party in accordance with §§ 970 contd. ABGB. The Proprietor is then only liable if the items have been handed over to the Proprietor or persons authorised by the Proprietor or have been deposited in a place by such or intended for such purpose. If the Proprietor cannot prove evidence of this, the Proprietor is liable for his/her fault or the fault of his/her vicarious agents as well as incoming and outgoing persons. In accordance with § 970 Paragraph 1 ABGB, the Proprietor is liable at most up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Contracting Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their items in a special repository, the Proprietor is released from any liability. The amount of any liability of the Proprietor is limited to a maximum of the sum insured under the third-party liability insurance of the respective Proprietor. Any fault of the Contracting Party or Guest is to be taken into consideration.

11.2 The Proprietor’s liability for slight negligence is out of the question. If the Contracting Party is an Entrepreneur, the liability for gross negligence is also out of the question. In this case, the Contracting Party bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will not be compensated under any circumstances.

11.3 The Proprietor is only liable for valuables, money and securities up to an amount of currently € 550. The Proprietor is only liable for any exceeding damage in the event he/she has accepted such items for deposition in the knowledge of their quality, or in the event the damage has been caused by the Proprietor himself/herself or his/her vicarious agents. The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.

11.4 The Proprietor can refuse deposition of valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the respective accommodating establishment.

11.5 In each case of assumed deposition, liability is out of the question if the Contracting Party and/or Guest fail to immediately notify the Proprietor of the arising damage. Furthermore, these claims are to be judicially asserted within three years from their knowledge or possible knowledge through the Contracting Party or guest; otherwise the right is expired.


§ 12 Limitations of liability

12.1 If the Contracting Party is a Consumer, the Proprietor’s liability for slight negligence is out of the question, with the exception of personal injuries.

12.2 If the Contracting Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence is out of the question. In this case, the Contracting Party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profit will not be compensated. At any rate, the damage to be compensated is limited to the amount of negative interest.


§ 13 Keeping animals

13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and at any rate for a special remuneration. The price for any animal (dog, cat and so on) brought along, irrespective of the animal’s size, amounts to  € 30 per animal and night.

13.2 The Contracting Party bringing along an animal is obliged to properly keep and/or supervise this animal during their stay, or to have this animal kept and/or supervised at their own expense by a suitable third party.

13.3 The Contracting Party and/or Guest bringing along an animal has to have an appropriate animal liability insurance and/or personal liability insurance which also covers any potential
damage caused by animals. Proof of appropriate insurance is to be rendered at the Proprietor’s request.

13.4 The Contracting Party and/or their insurance company shall be jointly and severally liable vis-à-vis the Proprietor for any damage caused by the animals brought along. In particular, the damage also encompasses any of the Proprietor’s compensation which the Proprietor has to provide vis-à-vis third parties.

13.5 Animals may not stay in the lounges, saloons, restaurant rooms and wellness areas.


§ 14 Prolongation of accommodation

14.1 The Contracting Party has no right that their stay will be extended. If the Contracting Party announces their request for prolongation of stay in due time, the Proprietor can consent to prolongation of accommodation. The Proprietor has no obligation to do so.

14.2 If the Contracting Party cannot leave the accommodating establishment on the date of departure because all departure possibilities are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement will be automatically extended for the duration of the impossibility of departure. At any rate, a reduction of the remuneration for this period is only possible if the Contracting Party is unable to fully utilise the offered services of the accommodating establishment as a result of the extraordinary weather conditions. The Proprietor is entitled to desire such remuneration corresponding to the price usually charged in the low season.


§ 15 Termination of the Accommodation Agreement – early cancellation

15.1 If the Accommodation Agreement has been made for a specific period, it ends with lapse of time.

15.2 If the Contracting Party departs prematurely, the Proprietor is entitled to demand the full agreed remuneration. The Proprietor will deduct anything saved due to the failure to take advantage of their scope of services or to use its scope of services or obtained through other rental of the ordered rooms. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the ordered premises and the premises can be rented to other guests due to cancellation through the Contracting Party. The Contracting Party bears the burden of proof with regard to the savings.

15.3 The Agreement with the Proprietor ends upon the death of a Guest.

15.4 If the Accommodation Agreement has been made for an indefinite period, the Contracting Parties can dissolve the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.

15.5 The Proprietor is entitled to dissolve the Accommodation Agreement with
immediate effect for good cause, particularly if the Contracting Party and/or the Guest…

a) …makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, their vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty

b) …is affected by a contagious disease or a disease which exceeds the duration of accommodation or is otherwise in need of care

c) …does not pay the presented bills upon time of payment within a reasonably set period (3 days).


15.6 If the performance of the Agreement becomes impossible due to an incident deemed to be force majeure, the Proprietor can dissolve the Accommodation Agreement at any time without compliance with a period of notice, as long as the Agreement is not considered as already dissolved according to the law, or the Proprietor is released from their obligation to provide accommodation. Any claims for damages etc. by the Contracting Party are out of the question..


§ 16 Sickness or death of Guest

16.1 If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.

16.2 As long as the Guest is unable to make decisions or if the family members of the Guest cannot be contacted, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of these care measures shall end as soon as the Guest is able to make decisions or their family members have been informed about the case of illness.

16.3 The Proprietor is particularly entitled to claims for compensation vis-à-vis the Contracting Party or the Guest or, in the event of their death, their successors for the following expenses:

a) Unsettled medical costs, costs for ambulance transport, medicines and medical
aids

b) Room disinfection that have become necessary

c) Linen, bed sheets and bed furniture that have become unusable, or otherwise the disinfection or thorough cleaning of all of these items

d) Restoration of walls, fixtures, carpets etc. if these have been contaminated or damaged in connection with the sickness or death

e) Rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, clearance etc.

f) Any other damages incurred by the Proprietor.


§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance shall be the place where the accommodating establishment is located.

17.2 This Agreement is subject to Austrian procedural and substantive law under exclusion of the provisions of international private law (particularly IPRG [Austrian Act on International Private Law] and the Rome Convention of 1980) and the UN Sales Convention.

17.3 In the event of a bilateral entrepreneurial business, the exclusive place of jurisdiction shall be the domicile of the Proprietor, in which case the Proprietor is furthermore entitled to assert their rights before any other court which is responsible for the location and subject matter.

17.4 If the Accommodation Agreement has been made with a Contracting Party who is a Consumer and has their domicile or ordinary residence in Austria, actions against the Consumer can exclusively be filed at the Consumer’s domicile, ordinary residence or place of employment.

17.5 If the Accommodation Agreement has been made with a Contracting Party who is a Consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court responsible for actions against the Consumer is exclusively responsible for location and subject matter with regard to the Consumer’s domicile.


§ 18 Miscellaneous

18.1 Unless nothing special is specified in the above provisions, the course of any time limit starts with delivery of the document to the Contracting Party which has to comply with the specified time limit. When calculating a time limit which is specified according to days, the day in which the time or the incident falls, and according to which the start of the time limit shall be set, will be included.
Time limits based on weeks or months shall refer to the day of the week or month which corresponds to the day starting from which the time limit is to be counted according to its name or number. If this day in the month is missing, the last day in this month is decisive.

18.2 Declarations must be received by the respective other Contracting Party on the last day of the time limit (12 midnight).

18.3 The Proprietor is entitled to offset any of the claims of the Contracting Party with their own claims. The Contracting Party is not entitled to offset the Proprietor’s claims with their own claims, unless the Proprietor is insolvent or the Contracting Party’s claim is judicially declared or acknowledged by the Proprietor.

18.4 In the event of any regulatory gaps, the corresponding legal provisions apply.