Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOSPITALITY INDUSTRY 2016 (AGBG 2016)

Version dated 15.09.2016

Content overview

SCOPE.                                                                                           2

DEFINITION OF TERMS                                                                                   2

CONTRACT CONCLUSION/CONTENT OF THE CONTRACT                                                     2

SPECIAL PROVISIONS FOR CONTRACTS CONCULDED WITH A DEPOSIT    3

SPECIAL PROVISIONS FOR DISTANCE CONTRACTS    3

WITHDRAWAL BY THE PROPRIETOR FROM THE SERVICE CONTRACT                      4

WITHDRAWAL BY THE CONTRACTING PARTY - CANCELLATION FEE            4

HINDRANCES TO ARRIVAL                                                                      5

RIGHTS OF THE CONTRACTING PARTY                                                                5

OBLIGATIONS OF THE CONTRACTING PARTY                                                           5

RIGHTS OF THE PROPRIETOR                                                                               6

OBLIGATIONS OF THE PROPRIETOR                                                                          6

LIMITATIONS OF LIABILITY                                                                         6

PETS                                                                                                       7

VOUCHERS                                                                                                        7

AMENDMENT OF THE SERVICE CONTRACT                                               7

TERMINATION OF THE SERVICE CONTRACT - EARLY TERMINATION                                                                                                         7

ILLNESS, ACCIDENT OR DEATH OF THE GUEST DURING THEIR STAY                                                                                                          8

PLACE OF PERFORMANCE, COURT VENUE, APPLICABLE LAW                             8

MISCELLANEOUS                                                                                                          9

 

 

1. Scope

1.1. These General Terms and Conditions for the Hospitality Industry (hereinafter "AGBG 2016") govern the legal relationship between the proprietor and the contracting party/guest and apply to all reservations made and services rendered within this relationship.

1.2. The General Terms and Conditions for the Hospitality Industry 2006 ("AGBH 2006") shall apply exclusively to the proprietor's accommodation services.

1.3. The services of the proprietor, regulated in more detail below, are offered exclusively on the basis of these General Terms and Conditions. Any terms and conditions of the contracting party deviating from or supplementing these AGBG 2016 shall only be effective if expressly agreed in writing.

1.4. The AGBG 2016 do not exclude special agreements and are subsidiary to any agreements made separately.

1.5. When making a reservation - by whatever means - the contracting party confirms they have read and understood the terms and conditions and that they agree to them.

1.6. The proprietor reserves the right to amend the AGBG 2016 at any time, if this is reasonable for the contracting party, to update them to current circumstances and to adapt them to the legal provisions.

 

 

 

 

 

 

2. Definition of Terms

2.1. Hospitality: Provision/serving of food and drink in the host's hospitality business.

2.2. Service contract: The contract concluded between the proprietor and the contracting party, the main focus of which is the hospitality, and the content of which is regulated in more detail below.

2.3. Catering: Preparation or delivery of food and beverages to a place of performance determined by the contracting party outside the proprietor's catering establishment.

2.4. FAGG: Distance and Off-Site Transactions Act as amended.

2.5. Distance selling (contract): in the sense of Article 3, FAGG

2.6. Catering establishment: premises outside or inside a building where the proprietor provides catering for guests

2.7. Proprietor: natural or legal person who, as the operator of the catering establishment, hosts guests for payment or rents out rooms and provides related services.

2.8. Guest: natural person who uses hospitality services As a rule, the guest is also the contracting party. Persons who are hosted as part of the contracting party are also considered guests.

2.9. KSchG: Consumer Protection Act 1979 as amended

2.10. Consumer: within the meaning of Article 1 KSchG

2.11. Entrepreneur: within the meaning of Article 1 KSchG

2.12. Reservation: Binding offer of the contracting party to conclude a service contract.

2.13. Contracting party: natural or legal person who concludes a service contract as a guest or on behalf of a guest

 

3. Conclusion of contract/content of contract

3.1. After checking availability, the service contract shall be concluded by the proprietor following (verbal or written) acceptance of the reservation - at the latest at the time of hosting - by the

guest. From this point in time, the proprietor and the

contracting party are bound by the service contract.

3.2. By providing the account or credit card details, the contracting party declares its

express consent to the debiting of all fees incurred - in particular deposits and, if applicable, cancellation fees (in accordance with point 7) - without further consultation with the contracting party in the direct debit authorisation procedure of the selected payment method.

3.3. The basis for the payment shall be the prices stated in the proprietor's price list applicable at the time of concluding the contract, as well as prices agreed individually by special arrangement.

3.4. For all reservations, the contracting party shall provide its full name (company), address, email address (if available) and telephone number, as well as the exact number of guests to be catered for and the scope of the desired catering. By submitting the email address, the contracting party also agrees to receive information such as newsletters, offers, etc.

3.5. This data constitutes an essential part of the contract and is the basis for invoicing the contracting party. Exceeding or falling short of the reserved number of persons is only permitted with the express consent of the proprietor. The agreed number of guests shall be taken as the minimum number for billing purposes. If the agreed number of guests is exceeded with the consent of the proprietor, the actual number of guests shall be charged. If the number of guests falls short of the agreed number, the cancellation conditions set out in point 6 shall apply.

3.6. If no other agreement is made with regard to consumption, e.g. a flat rate, all drinks and food consumed shall be invoiced by the proprietor according to the actual consumption and the order value according to the current price list and an amount of EUR 10/per reserved guest shall be agreed as the minimum consumption, which shall also be payable should the catering services not be used.

4. Special provisions for contracts concluded with a deposit

4.1. Should the contracting party make a deposit, the proprietor shall be entitled to conclude the service contract. In this case, the proprietor shall be obliged to inform the contracting party of the required deposit before accepting the written or verbal reservation of the contracting party. If the contracting party agrees to the deposit (in writing or verbally), the service contract shall come into effect upon successful debiting or payment of the deposit. Only from this point in time does the service contract, which was concluded on the condition of a deposit, become binding on both sides. Until then, the reservation can be cancelled by either party free of charge and without reason.

4.2. Upon acceptance of the offer by the proprietor, the deposit shall become due for payment immediately, unless a later due date has been agreed upon. For credit and debit cards, the respective conditions of the card companies shall apply.

4.3. The deposit is a partial payment on the agreed fee.

5. Special provisions for distance contracts

5.1. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the proprietor's announced business hours.

5.2. In the case of bookings made by remote means of communication, the proprietor shall give acceptance exclusively by means of a reservation confirmation by email/by

post or, if a deposit has been agreed, by means of confirming the proprietor's reservation by email/by post. In the event of an agreed deposit, acceptance shall be effected by means of a successful direct debit by the proprietor or by means of a successful bank transfer by the contracting party.

5.3. In the case of online bookings, a reservation can only be made following complete and correct entry of all mandatory fields in the reservation window, as well as express acceptance of the AGBG 2016 by means of the application provided in the reservation window.

5.4. The contracting party acknowledges that the reservation process for online reservations can no longer be cancelled or reversed once the button "Reserve with costs" has been pressed.

5.5. The contracting party is solely responsible for the correct entry/disclosure of the data. If the reservation process was only incorrect due to the entry/disclosure of incorrect or incomplete data, the booking can either be corrected with the help of the proprietor or another reservation confirmation can be issued. In all cases of complaint, the contracting party must in any case submit the reservation confirmation. Otherwise, the proprietor may refuse to provide the hospitality. The electronic reservation confirmation of the proprietor serves as the only permitted proof of the duly made reservation and must therefore be carried out by the contracting party and shown to the proprietor’s staff in the event of complaints.

5.6. The contracting party acknowledges that due to the necessary data transmission via the internet and other data lines, problems could arise during the reservation process without any legal consequences being derived therefrom.

6. Withdrawal by the proprietor from the service contract

6.1. If the contracting party/guests do not appear half an hour after the agreed time of reservation, there shall be no obligation to provide hospitality, unless a later time of arrival has been agreed.

6.2. If the contracting party has paid a deposit (see point 4), the reservation shall remain reserved for two hours after the agreed reservation time.

6.3. Up to three months before the agreed hosting of the contracting party or the guests, the service contract may be terminated by the proprietor for objectively justified reasons by means of a unilateral declaration.

7. Withdrawal by the contracting party - cancellation fee

7.1. The services offered by the proprietor are leisure services within the meaning of Section 18(1)(10) FAGG, which are provided at a specific time within a precisely specified period. Accordingly, the contracting party has no right of withdrawal pursuant to section 11(1) FAGG.

7.2. Withdrawal by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:

up to 3 months: 10% / 3 months to 14 days: 20% / 14 days to 1 day: 30% / on the last day: 50%.

7.3. Up to a shortfall of the reserved number of guests to the following extent, a partial cancellation to the extent of the number of guests to be reduced is possible without payment of a cancellation fee by unilateral declaration of the contracting party:

up to 3 months: 50% / 3 months to 14 days: 40% / 14 days to 1 day: 30% / on the last day: 10%. 

7.4. In the event that the number of reserved guests falls short of the number of guests specified under point 7.3, a partial cancellation to the extent of the number of guests to be reduced shall only be possible by means of a unilateral declaration by the contracting party, subject to payment of the cancellation fees specified under point 7.2.

7.5. The respective cancellation fees shall be calculated from the agreed total amount or the total value of the agreed services (food and beverages), any lump sum agreements or, in the absence of agreed consumption services, from the amount of EUR 30.00 per reserved guest.

7.6. Any deposit already made shall be credited against the cancellation fees specified under 7.2 and 7.3.

7.7. The contracting party's cancellation shall only be effective if it is declared in writing.

 

8. Impediments to arrival

8.1. If the contracting party or the guests do not appear at the catering establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) which make their arrival impossible, the contracting party shall not be obliged to pay the agreed charge.

8.2. If the contracting party or the guests do not appear at the catering establishment on the day of arrival due to sickness, the contracting party shall be obliged to pay the agreed charge; the proprietor shall be obliged to cater for the guests.

9. Rights of the contracting party

9.1. By concluding a service contract, the contracting party acquires the right to the usual hospitality and service, as well as the use of the facilities of the catering establishment, which are usually accessible to the guests for use without special conditions.

9.2. If facilities are not available or cannot be used for technical reasons, the contracting party shall not be entitled to any reduction of the charge.

9.3. The contracting party shall exercise their rights in accordance with any guest guidelines (house rules).

 

 

 

10. Obligations of the contracting party

10.1. The contracting party shall be obliged to pay the agreed charge plus any additional amounts which have arisen due to separate claims for services by them and/or accompanying guests plus - if not yet taken into account - statutory value added tax by no later than the end of the service period.

10.2. The proprietor is not obliged to accept foreign currencies. If the proprietor accepts foreign currencies, these will be accepted in payment at the daily exchange rate, if possible. If the proprietor accepts foreign currencies or non-cash means of payment, the contracting party shall bear all related costs, such as enquiries with credit card companies, etc.

10.3. The contracting party and its guests shall be jointly and severally liable to the proprietor for any damage caused by the contracting party or the guest or other persons who accept services from the proprietor with the knowledge or will of the contracting party. The contracting party/guest shall indemnify and hold the proprietor harmless in full against claims by third parties.

10.4. It is not permitted to bring food and beverages without the proprietor’s prior permission.

10.5. The contracting party is responsible for complying with all statutory and official

regulations - in particular those relating to commercial law, fire prevention, copyright protection and event regulations, as well as the Upper Austrian Youth Protection Act, as amended, and the Tobacco and Non-Smoker Protection Act, as amended - and shall follow the proprietor's instructions in this respect. Unless otherwise provided by law, the contracting party shall be obliged to obtain official permits at its own expense and to comply with all official requirements at its own expense.

10.6. Decorative material must comply with the fire protection requirements and may otherwise - like other objects - only be attached with the consent of the proprietor. The attachment of decorative material to the walls using adhesives, adhesive strips, furniture staplers, nails or screws is prohibited. Objects brought in are to be removed by the contracting party immediately after the event. If the items are not removed immediately, the proprietor has the option of having this done by a third party at the expense of the contracting party or charging room rent for storage.

 

11. Rights of the proprietor

11.1. If the contracting party refuses to pay the agreed remuneration or is in arrears with this, the proprietor shall be entitled to the statutory right of retention in accordance with Article 471 ABGB (Austrian Civil Code) in respect of the items brought in by the contracting party or the guest. The proprietor shall also be entitled to this right of retention to secure their claim arising from the service contract, in particular for catering, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.

11.2. If the proprietor fulfils special requests of the contracting party or guest, the proprietor shall be entitled to charge a special fee for this. However, this special fee and the way it is calculated shall be disclosed to the guest/contracting party before the proprietor provides the service. The proprietor may also refuse to provide these services for operational reasons.

11.3. The proprietor has the right to invoice or interim invoice their services at any time.

 

12. Obligations of the proprietor

12.1. The proprietor is obliged to provide the agreed services to an extent that matches their standard.

12.2. The statutory warranty provisions shall apply.

 

13. Limitations of liability

13.1. If the contracting party is a consumer, the liability of the proprietor - also for objects brought in - is excluded for slight negligence, with the exception of personal injury.

13.2. If the contracting party is an entrepreneur, the liability of the proprietor as well as their vicarious agents - also for objects brought in - is excluded for slight and gross negligence. In this case, the contracting party shall bear the burden of proof for the existence of fault. Neither consequential damage, immaterial damage nor indirect damage or lost profits shall not be compensated. In any case, the damage to be compensated shall be limited to the amount of the interest held in trust.

13.3. No liability shall be assumed for lost property of the guest/contracting party.

13.4. The proprietor shall endeavour to remedy without delay any faults in technical equipment and other facilities provided directly by the proprietor. The proprietor shall not be liable for failures of these facilities or of the electricity network or other infrastructural facilities.

13.5. In any case, liability is excluded if the contracting party and/or guest does not immediately notify the proprietor of the damage that has occurred as soon as they become aware of it. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise the right is extinguished.

 

14. Pets

14.1. Animals may only be brought into the catering establishment with the prior consent of the proprietor and, if necessary, for a special fee.

14.2. The contracting party taking an animal with them shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by suitable third parties at their own expense.

14.3. The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the proprietor.

14.4. The contracting party or their insurer shall be jointly and severally liable to the proprietor for any damage caused by accompanying animals. The damage shall in particular also include any compensation payments to be made by the proprietor to third parties.

 

15. Vouchers

15.1. Vouchers of any kind shall not be redeemed in cash. The period of validity of vouchers is stipulated and defined on the respective voucher, whereby these must be redeemed or exchanged no later than 5 years from the date of issue. In the event of loss of vouchers of any kind, no replacement will be provided by the proprietor.

 

16. Amendment of the service contract

16.1. The contracting party shall not be entitled to have the nature and extent of the service changed. If the contracting party gives notice in good time of their wish to amend the service contract, the proprietor may agree to the amendment of the service contract. The proprietor shall not be obliged to do so.

16.2. The proprietor may provide the contracting party or the guests with different service (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified. An objective justification is given, for example, if a certain room(s) has (have) become unusable, guests already present extend their stay, there is an overbooking or other important operational measures necessitate this step. Any additional expenses for the substitute service shall be borne by the proprietor.

 

17. Termination of the service contract - early termination

17.1. If the contracting party or their guests do not appear, the proprietor shall be entitled to demand the agreed remuneration subject to clause 17.3.

17.2. The proprietor shall be entitled to terminate the service contract for good cause, in particular if the contracting party or guest

a) makes considerably destructive use of the premises or

offends the other guests, the owner or their people through their inconsiderate, offensive or otherwise grossly improper behaviour, or is guilty of a punishable offence against property, morality or physical safety towards these persons;

b) is afflicted with a contagious disease or a disease which extends beyond the hosting period or otherwise becomes in need of care;

c) does not pay the submitted invoices when due within a reasonably defined period (3 days).

In the event of termination of the service contract for good cause, the contracting party shall be obliged to settle the

payment of the remuneration subject to clause 17.3.

17.3. The proprietor shall deduct what they save as a result of the non-utilisation of

their service offer or what they have received by providing hospitality elsewhere. Savings shall only be deemed to exist if the catering establishment is fully occupied at the time of the non-utilisation of the service ordered by the guest and further guests can be catered for due to the non-appearance of the contracting party. The burden of proof for the savings shall be borne by the contracting party.

17.4. If the contract becomes impossible to fulfil due to an event to be considered as force majeure (e.g. natural disasters, strike, lockout, boycott of deliveries, official orders, etc.), the proprietor may terminate the service contract at any time, unless the contract is already considered terminated according to the law or the proprietor is released from their service obligation. The contracting party shall not be entitled to any claims for damages etc.

 

18. Illness, accident or death of the guest during their stay

18.1. If a guest falls ill or has an accident during their stay at the catering establishment, the proprietor shall arrange for medical care at the guest's request. If there is imminent danger, the proprietor shall arrange for medical care even without the guest's specific request, in particular if this is necessary and the guest is not able to do so herself/himself.

18.2. As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the proprietor shall arrange for medical treatment at the guest's expense. However, the scope of such care shall end at the time when the guest is able to make decisions or the relatives have been notified of the illness/accident.

18.3. The proprietor shall be entitled to compensation from the contracting party and the guest or, in the event of death, from their legal successors, for the following costs in particular:

a) outstanding medical costs, costs for ambulance transport, medication and medical aids;

b) necessary room disinfection;

c) restoration of walls, furnishings, carpets, etc., insofar as these were contaminated or damaged in connection with the illness, accident or death;

d) remuneration for catering services used by the guest, plus any costs incurred due to the rooms being unusable due to disinfection, evacuation or similar;

e) any other damages incurred by the proprietor.

 

19. Place of performance, court venue, applicable law

19.1. The place of performance is the place where the restaurant is located.

19.2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (particularly IPRG and EVÜ)

as well as the UN Convention on Contracts for the International Sale of Goods.

19.3. The exclusive place of jurisdiction for bilateral business transactions is the registered office of the proprietor, whereby the proprietor is also entitled to assert their rights at any other locally and substantively competent court.

19.4. If the service contract was concluded with a contracting party who is a consumer and who has their place of residence or habitual abode in Austria, actions against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

19.5. If the service contract was concluded with a contracting party who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and substantive jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.

 

20. Miscellaneous

20.1. All amendments to the service contract must be in writing on the part of the contracting party.

20.2. Unless the above provisions provide otherwise, the term shall commence with the delivery of the document setting the term to the contracting party, who must observe the term. When calculating a term which is determined in days, the day on which the point in time or the event falls, according to which the beginning of the term is to be determined, shall not be counted. Terms determined in weeks or months refer to those days of the week or month which, by their designation or number, correspond to the day from which the term is to be counted. If this day is missing in the month, the last day in this month is decisive.

20.3. Declarations must be received by the other contracting party on the last day of the period (midnight).

20.4. The proprietor is entitled to offset claims of the contracting party against their own claims. The contracting party shall not be entitled to offset their own claims against claims of the proprietor; this shall not apply to consumers if the proprietor is insolvent or the claim of the contracting party has been determined by a court or recognised by the proprietor.

20.5. In the event of loopholes, the relevant statutory provisions shall apply.

GENERAL TERMS AND CONDITIONS FOR THE HOSPITALITY INDUSTRY 2016 (AGBG 2016)

Version dated 15.09.2016

Content overview

1. SCOPE                                                                                                             2

2. DEFINITION OF TERMS                                                                                   2

3. CONTRACT CONCLUSION/CONTENT OF CONTRACT                                                                              2

4. SPECIAL PROVISIONS FOR CONTRACTS CONCULDED WITH A DEPOSIT                                    3

5. SPECIAL PROVISIONS FOR DISTANCE CONTRACTS    3

6. WITHDRAWAL BY THE PROPRIETOR FROM THE SERVICE CONTRACT                      4

7. WITHDRAWAL BY THE CONTRACTING PARTY - CANCELLATION FEE            4

8. HINDRANCES TO ARRIVAL                                                                      5

9. RIGHTS OF THE CONTRACTING PARTY                                                                                        5

10. OBLIGATIONS OF THE CONTRACTING PARTY                                                                                  5

11. RIGHTS OF THE PROPRIETOR                                                                                                  6

12. OBLIGATIONS OF THE PROPRIETOR                                                                                              6

13. LIMITATIONS OF LIABILITY                                                                                           6

14. PETS                                                                                                       7

15. VOUCHERS                                                                                                        7

16. AMENDMENT OF THE SERVICE CONTRACT                                               7

17. TERMINATION OF THE SERVICE CONTRACT - EARLY TERMINATION                                                                                                         7

18. ILLNESS, ACCIDENT OR DEATH OF THE GUEST DURING THEIR STAY                                                                                                          8

19. PLACE OF PERFORMANCE, COURT VENUE, APPLICABLE LAW                                                      8

20. MISCELLANEOUS                                                                                                                        9

 

 

1. Scope

1.1. These General Terms and Conditions for the Hospitality Industry (hereinafter "AGBG 2016") govern the legal relationship between the proprietor and the contracting party/guest and apply to all reservations made and services rendered within this relationship.

1.2. The General Terms and Conditions for the Hospitality Industry 2006 ("AGBH 2006") shall apply exclusively to the proprietor's accommodation services.

1.3. The services of the proprietor, regulated in more detail below, are offered exclusively on the basis of these General Terms and Conditions. Any terms and conditions of the contracting party deviating from or supplementing these AGBG 2016 shall only be effective if expressly agreed in writing.

1.4. The AGBG 2016 do not exclude special agreements and are subsidiary to any agreements made separately.

1.5. When making a reservation - by whatever means - the contracting party confirms they have read and understood the terms and conditions and that they agree to them.

1.6. The proprietor reserves the right to amend the AGBG 2016 at any time, if this is reasonable for the contracting party, to update them to current circumstances and to adapt them to the legal provisions.

 

 

 

 

 

 

2. Definition of Terms

2.1. Hospitality: Provision/serving of food and drink in the host's hospitality business.

2.2. Service contract: The contract concluded between the proprietor and the contracting party, the main focus of which is the hospitality, and the content of which is regulated in more detail below.

2.3. Catering: Preparation or delivery of food and beverages to a place of performance determined by the contracting party outside the proprietor's catering establishment.

2.4. FAGG: Distance and Off-Site Transactions Act as amended.

2.5. Distance selling (contract): in the sense of Article 3, FAGG

2.6. Catering establishment: premises outside or inside a building where the proprietor provides catering for guests

2.7. Proprietor: natural or legal person who, as the operator of the catering establishment, hosts guests for payment or rents out rooms and provides related services.

2.8. Guest: natural person who uses hospitality services As a rule, the guest is also the contracting party. Persons who are hosted as part of the contracting party are also considered guests.

2.9. KSchG: Consumer Protection Act 1979 as amended

2.10. Consumer: within the meaning of Article 1 KSchG

2.11. Entrepreneur: within the meaning of Article 1 KSchG

2.12. Reservation: Binding offer of the contracting party to conclude a service contract.

2.13. Contracting party: natural or legal person who concludes a service contract as a guest or on behalf of a guest

 

3. Conclusion of contract/content of contract

3.1. After checking availability, the service contract shall be concluded by the proprietor following (verbal or written) acceptance of the reservation - at the latest at the time of hosting - by the

guest. From this point in time, the proprietor and the

contracting party are bound by the service contract.

3.2. By providing the account or credit card details, the contracting party declares its

express consent to the debiting of all fees incurred - in particular deposits and, if applicable, cancellation fees (in accordance with point 7) - without further consultation with the contracting party in the direct debit authorisation procedure of the selected payment method.

3.3. The basis for the payment shall be the prices stated in the proprietor's price list applicable at the time of concluding the contract, as well as prices agreed individually by special arrangement.

3.4. For all reservations, the contracting party shall provide its full name (company), address, email address (if available) and telephone number, as well as the exact number of guests to be catered for and the scope of the desired catering. By submitting the email address, the contracting party also agrees to receive information such as newsletters, offers, etc.

3.5. This data constitutes an essential part of the contract and is the basis for invoicing the contracting party. Exceeding or falling short of the reserved number of persons is only permitted with the express consent of the proprietor. The agreed number of guests shall be taken as the minimum number for billing purposes. If the agreed number of guests is exceeded with the consent of the proprietor, the actual number of guests shall be charged. If the number of guests falls short of the agreed number, the cancellation conditions set out in point 6 shall apply.

3.6. If no other agreement is made with regard to consumption, e.g. a flat rate, all drinks and food consumed shall be invoiced by the proprietor according to the actual consumption and the order value according to the current price list and an amount of EUR 10/per reserved guest shall be agreed as the minimum consumption, which shall also be payable should the catering services not be used.

4. Special provisions for contracts concluded with a deposit

4.1. Should the contracting party make a deposit, the proprietor shall be entitled to conclude the service contract. In this case, the proprietor shall be obliged to inform the contracting party of the required deposit before accepting the written or verbal reservation of the contracting party. If the contracting party agrees to the deposit (in writing or verbally), the service contract shall come into effect upon successful debiting or payment of the deposit. Only from this point in time does the service contract, which was concluded on the condition of a deposit, become binding on both sides. Until then, the reservation can be cancelled by either party free of charge and without reason.

4.2. Upon acceptance of the offer by the proprietor, the deposit shall become due for payment immediately, unless a later due date has been agreed upon. For credit and debit cards, the respective conditions of the card companies shall apply.

4.3. The deposit is a partial payment on the agreed fee.

5. Special provisions for distance contracts

5.1. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the proprietor's announced business hours.

5.2. In the case of bookings made by remote means of communication, the proprietor shall give acceptance exclusively by means of a reservation confirmation by email/by

post or, if a deposit has been agreed, by means of confirming the proprietor's reservation by email/by post. In the event of an agreed deposit, acceptance shall be effected by means of a successful direct debit by the proprietor or by means of a successful bank transfer by the contracting party.

5.3. In the case of online bookings, a reservation can only be made following complete and correct entry of all mandatory fields in the reservation window, as well as express acceptance of the AGBG 2016 by means of the application provided in the reservation window.

5.4. The contracting party acknowledges that the reservation process for online reservations can no longer be cancelled or reversed once the button "Reserve with costs" has been pressed.

5.5. The contracting party is solely responsible for the correct entry/disclosure of the data. If the reservation process was only incorrect due to the entry/disclosure of incorrect or incomplete data, the booking can either be corrected with the help of the proprietor or another reservation confirmation can be issued. In all cases of complaint, the contracting party must in any case submit the reservation confirmation. Otherwise, the proprietor may refuse to provide the hospitality. The electronic reservation confirmation of the proprietor serves as the only permitted proof of the duly made reservation and must therefore be carried out by the contracting party and shown to the proprietor’s staff in the event of complaints.

5.6. The contracting party acknowledges that due to the necessary data transmission via the internet and other data lines, problems could arise during the reservation process without any legal consequences being derived therefrom.

6. Withdrawal by the proprietor from the service contract

6.1. If the contracting party/guests do not appear half an hour after the agreed time of reservation, there shall be no obligation to provide hospitality, unless a later time of arrival has been agreed.

6.2. If the contracting party has paid a deposit (see point 4), the reservation shall remain reserved for two hours after the agreed reservation time.

6.3. Up to three months before the agreed hosting of the contracting party or the guests, the service contract may be terminated by the proprietor for objectively justified reasons by means of a unilateral declaration.

7. Withdrawal by the contracting party - cancellation fee

7.1. The services offered by the proprietor are leisure services within the meaning of Section 18(1)(10) FAGG, which are provided at a specific time within a precisely specified period. Accordingly, the contracting party has no right of withdrawal pursuant to section 11(1) FAGG.

7.2. Withdrawal by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:

up to 3 months: 10% / 3 months to 14 days: 20% / 14 days to 1 day: 30% / on the last day: 50%.

7.3. Up to a shortfall of the reserved number of guests to the following extent, a partial cancellation to the extent of the number of guests to be reduced is possible without payment of a cancellation fee by unilateral declaration of the contracting party:

up to 3 months: 50% / 3 months to 14 days: 40% / 14 days to 1 day: 30% / on the last day: 10%. 

7.4. In the event that the number of reserved guests falls short of the number of guests specified under point 7.3, a partial cancellation to the extent of the number of guests to be reduced shall only be possible by means of a unilateral declaration by the contracting party, subject to payment of the cancellation fees specified under point 7.2.

7.5. The respective cancellation fees shall be calculated from the agreed total amount or the total value of the agreed services (food and beverages), any lump sum agreements or, in the absence of agreed consumption services, from the amount of EUR 30.00 per reserved guest.

7.6. Any deposit already made shall be credited against the cancellation fees specified under 7.2 and 7.3.

7.7. The contracting party's cancellation shall only be effective if it is declared in writing.

 

8. Impediments to arrival

8.1. If the contracting party or the guests do not appear at the catering establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) which make their arrival impossible, the contracting party shall not be obliged to pay the agreed charge.

8.2. If the contracting party or the guests do not appear at the catering establishment on the day of arrival due to sickness, the contracting party shall be obliged to pay the agreed charge; the proprietor shall be obliged to cater for the guests.

9. Rights of the contracting party

9.1. By concluding a service contract, the contracting party acquires the right to the usual hospitality and service, as well as the use of the facilities of the catering establishment, which are usually accessible to the guests for use without special conditions.

9.2. If facilities are not available or cannot be used for technical reasons, the contracting party shall not be entitled to any reduction of the charge.

9.3. The contracting party shall exercise their rights in accordance with any guest guidelines (house rules).

 

 

 

10. Obligations of the contracting party

10.1. The contracting party shall be obliged to pay the agreed charge plus any additional amounts which have arisen due to separate claims for services by them and/or accompanying guests plus - if not yet taken into account - statutory value added tax by no later than the end of the service period.

10.2. The proprietor is not obliged to accept foreign currencies. If the proprietor accepts foreign currencies, these will be accepted in payment at the daily exchange rate, if possible. If the proprietor accepts foreign currencies or non-cash means of payment, the contracting party shall bear all related costs, such as enquiries with credit card companies, etc.

10.3. The contracting party and its guests shall be jointly and severally liable to the proprietor for any damage caused by the contracting party or the guest or other persons who accept services from the proprietor with the knowledge or will of the contracting party. The contracting party/guest shall indemnify and hold the proprietor harmless in full against claims by third parties.

10.4. It is not permitted to bring food and beverages without the proprietor’s prior permission.

10.5. The contracting party is responsible for complying with all statutory and official

regulations - in particular those relating to commercial law, fire prevention, copyright protection and event regulations, as well as the Upper Austrian Youth Protection Act, as amended, and the Tobacco and Non-Smoker Protection Act, as amended - and shall follow the proprietor's instructions in this respect. Unless otherwise provided by law, the contracting party shall be obliged to obtain official permits at its own expense and to comply with all official requirements at its own expense.

10.6. Decorative material must comply with the fire protection requirements and may otherwise - like other objects - only be attached with the consent of the proprietor. The attachment of decorative material to the walls using adhesives, adhesive strips, furniture staplers, nails or screws is prohibited. Objects brought in are to be removed by the contracting party immediately after the event. If the items are not removed immediately, the proprietor has the option of having this done by a third party at the expense of the contracting party or charging room rent for storage.

 

11. Rights of the proprietor

11.1. If the contracting party refuses to pay the agreed remuneration or is in arrears with this, the proprietor shall be entitled to the statutory right of retention in accordance with Article 471 ABGB (Austrian Civil Code) in respect of the items brought in by the contracting party or the guest. The proprietor shall also be entitled to this right of retention to secure their claim arising from the service contract, in particular for catering, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.

11.2. If the proprietor fulfils special requests of the contracting party or guest, the proprietor shall be entitled to charge a special fee for this. However, this special fee and the way it is calculated shall be disclosed to the guest/contracting party before the proprietor provides the service. The proprietor may also refuse to provide these services for operational reasons.

11.3. The proprietor has the right to invoice or interim invoice their services at any time.

 

12. Obligations of the proprietor

12.1. The proprietor is obliged to provide the agreed services to an extent that matches their standard.

12.2. The statutory warranty provisions shall apply.

 

13. Limitations of liability

13.1. If the contracting party is a consumer, the liability of the proprietor - also for objects brought in - is excluded for slight negligence, with the exception of personal injury.

13.2. If the contracting party is an entrepreneur, the liability of the proprietor as well as their vicarious agents - also for objects brought in - is excluded for slight and gross negligence. In this case, the contracting party shall bear the burden of proof for the existence of fault. Neither consequential damage, immaterial damage nor indirect damage or lost profits shall not be compensated. In any case, the damage to be compensated shall be limited to the amount of the interest held in trust.

13.3. No liability shall be assumed for lost property of the guest/contracting party.

13.4. The proprietor shall endeavour to remedy without delay any faults in technical equipment and other facilities provided directly by the proprietor. The proprietor shall not be liable for failures of these facilities or of the electricity network or other infrastructural facilities.

13.5. In any case, liability is excluded if the contracting party and/or guest does not immediately notify the proprietor of the damage that has occurred as soon as they become aware of it. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise the right is extinguished.

 

14. Pets

14.1. Animals may only be brought into the catering establishment with the prior consent of the proprietor and, if necessary, for a special fee.

14.2. The contracting party taking an animal with them shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by suitable third parties at their own expense.

14.3. The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the proprietor.

14.4. The contracting party or their insurer shall be jointly and severally liable to the proprietor for any damage caused by accompanying animals. The damage shall in particular also include any compensation payments to be made by the proprietor to third parties.

 

15. Vouchers

15.1. Vouchers of any kind shall not be redeemed in cash. The period of validity of vouchers is stipulated and defined on the respective voucher, whereby these must be redeemed or exchanged no later than 5 years from the date of issue. In the event of loss of vouchers of any kind, no replacement will be provided by the proprietor.

 

16. Amendment of the service contract

16.1. The contracting party shall not be entitled to have the nature and extent of the service changed. If the contracting party gives notice in good time of their wish to amend the service contract, the proprietor may agree to the amendment of the service contract. The proprietor shall not be obliged to do so.

16.2. The proprietor may provide the contracting party or the guests with different service (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified. An objective justification is given, for example, if a certain room(s) has (have) become unusable, guests already present extend their stay, there is an overbooking or other important operational measures necessitate this step. Any additional expenses for the substitute service shall be borne by the proprietor.

 

17. Termination of the service contract - early termination

17.1. If the contracting party or their guests do not appear, the proprietor shall be entitled to demand the agreed remuneration subject to clause 17.3.

17.2. The proprietor shall be entitled to terminate the service contract for good cause, in particular if the contracting party or guest

a) makes considerably destructive use of the premises or

offends the other guests, the owner or their people through their inconsiderate, offensive or otherwise grossly improper behaviour, or is guilty of a punishable offence against property, morality or physical safety towards these persons;

b) is afflicted with a contagious disease or a disease which extends beyond the hosting period or otherwise becomes in need of care;

c) does not pay the submitted invoices when due within a reasonably defined period (3 days).

In the event of termination of the service contract for good cause, the contracting party shall be obliged to settle the

payment of the remuneration subject to clause 17.3.

17.3. The proprietor shall deduct what they save as a result of the non-utilisation of

their service offer or what they have received by providing hospitality elsewhere. Savings shall only be deemed to exist if the catering establishment is fully occupied at the time of the non-utilisation of the service ordered by the guest and further guests can be catered for due to the non-appearance of the contracting party. The burden of proof for the savings shall be borne by the contracting party.

17.4. If the contract becomes impossible to fulfil due to an event to be considered as force majeure (e.g. natural disasters, strike, lockout, boycott of deliveries, official orders, etc.), the proprietor may terminate the service contract at any time, unless the contract is already considered terminated according to the law or the proprietor is released from their service obligation. The contracting party shall not be entitled to any claims for damages etc.

 

18. Illness, accident or death of the guest during their stay

18.1. If a guest falls ill or has an accident during their stay at the catering establishment, the proprietor shall arrange for medical care at the guest's request. If there is imminent danger, the proprietor shall arrange for medical care even without the guest's specific request, in particular if this is necessary and the guest is not able to do so herself/himself.

18.2. As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the proprietor shall arrange for medical treatment at the guest's expense. However, the scope of such care shall end at the time when the guest is able to make decisions or the relatives have been notified of the illness/accident.

18.3. The proprietor shall be entitled to compensation from the contracting party and the guest or, in the event of death, from their legal successors, for the following costs in particular:

a) outstanding medical costs, costs for ambulance transport, medication and medical aids;

b) necessary room disinfection;

c) restoration of walls, furnishings, carpets, etc., insofar as these were contaminated or damaged in connection with the illness, accident or death;

d) remuneration for catering services used by the guest, plus any costs incurred due to the rooms being unusable due to disinfection, evacuation or similar;

e) any other damages incurred by the proprietor.

 

19. Place of performance, court venue, applicable law

19.1. The place of performance is the place where the restaurant is located.

19.2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (particularly IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.

19.3. The exclusive place of jurisdiction for bilateral business transactions is the registered office of the proprietor, whereby the proprietor is also entitled to assert their rights at any other locally and substantively competent court.

19.4. If the service contract was concluded with a contracting party who is a consumer and who has their place of residence or habitual abode in Austria, actions against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

19.5. If the service contract was concluded with a contracting party who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and substantive jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.

 

20. Miscellaneous

20.1. All amendments to the service contract must be in writing on the part of the contracting party.

20.2. Unless the above provisions provide otherwise, the term shall commence with the delivery of the document setting the term to the contracting party, who must observe the term. When calculating a term which is determined in days, the day on which the point in time or the event falls, according to which the beginning of the term is to be determined, shall not be counted. Terms determined in weeks or months refer to those days of the week or month which, by their designation or number, correspond to the day from which the term is to be counted. If this day is missing in the month, the last day in this month is decisive.

20.3. Declarations must be received by the other contracting party on the last day of the period (midnight).

20.4. The proprietor is entitled to offset claims of the contracting party against their own claims. The contracting party shall not be entitled to offset their own claims against claims of the proprietor; this shall not apply to consumers if the proprietor is insolvent or the claim of the contracting party has been determined by a court or recognised by the proprietor.

20.5. In the event of loopholes, the relevant statutory provisions shall apply.