General Terms and Conditions Landhaus Jausern GmbH
1. scope of application
1.1 These General Terms and Conditions (GTC) apply to all services provided by Landhaus Jausern GmbH, hereinafter referred to as “Hotel”, to the guest and other contractual partners, hereinafter referred to as “Contractual Partners”. The services consist, in particular, in the granting of use of hotel rooms against payment, the sale of food and beverages, the organization of other programs, the implementation of special health-promoting measures or comparable offers, as well as in all other related services and deliveries of the Hotel.
1.2 The general terms and conditions of the contracting party shall not apply, even if the hotel does not expressly object to them. Counter-confirmations of the contract partner with reference to GTC are hereby objected to.
2 Conclusion of Contract
2.1 The information provided on the hotel’s website as well as in the context of any advertising appearances (including print advertising, postings on social media platforms, etc.) shall merely constitute an invitation to submit an offer. The acceptance of such an offer by the hotel shall be made by express declaration. The mere receipt of a confirmation of receipt of the offer shall not constitute acceptance of the offer.
2.2 The hotel may make legally effective declarations of intent by way of e-mail to contractual partners who have provided the hotel with an e-mail address for contact purposes, as well as to those who have contacted the hotel by e-mail.
3. down payment
3.1 The hotel is entitled to demand a down payment from the contracting party. In this case, the hotel shall be obligated to notify the contract partner of the required down payment. The contract between the contracting party and the hotel shall be concluded by the contracting party’s declaration that it agrees to the down payment (in writing or verbally).
3.2 The contracting party is obliged to pay the deposit at the latest 7 days (received by the hotel) before the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.3 The deposit is a partial payment on the agreed fee.
4. room use, room handover, departure
4.1 The rooms are made available exclusively for accommodation purposes.
4.2 The contracting party shall be liable to the hotel for all damages caused by the contracting party or third parties who receive the hotel’s services at the contracting party’s instigation.
4.3 In the event that nothing to the contrary has been expressly agreed, the booked rooms may be occupied from 3:00 p.m. on the respective day of arrival. Should arrival take place after 6:00 p.m. on the respective day of arrival, the hotel must be informed in advance by the contractual partner of the planned arrival time.
4.4 In the event that the contracting party does not appear at the hotel by 10:00 p.m. without timely notification of his delay, the hotel is entitled to withdraw from the contract and charge 100% of the total price (see point 7. Cancellation of services).
4.5 The reception of the hotel is open daily until 18:00.
4.6 The return of the booked room must take place by 10:30 a.m. on the respective day of departure.
4.7 An earlier arrival on the respective arrival days or a later departure on the respective departure day requires the express consent of the hotel. The consent to an earlier or longer use may be made dependent on the payment of an additional fee by the hotel. If use of the booked room before 06:00 hrs is agreed, the price of a full overnight stay shall be paid in any case.
4.8 Subletting or reletting or free use of the rooms provided by third parties as well as use for purposes other than accommodation is only permitted if the hotel expressly allows this. The hotel may grant a written exception here at its own discretion upon request.
4.9 All room pictures and floor plans are examples of living quarters which may differ from the actual rooms booked.
5.1 The bringing of animals requires the express consent of the hotel.
5.2 An additional fee of € 35.00 per animal per day of stay will be charged.
5.3 The contract partner who takes an animal with him must properly supervise the animal during the entire stay.
5.4 The contract partner who takes an animal with him must in any case have an appropriate animal liability insurance or a private liability insurance that also covers possible damage caused by animals. Proof of such insurance may be requested by the hotel.
5.5 The contract partner is liable to the hotel for damages caused by the animal. The damage includes, in particular, compensation to third parties, which the hotel is obligated to provide.
5.6 Bringing the animal into the dining rooms and into the wellness and spa area is expressly prohibited.
6. provision of services, prices, payments, set-off and assignment
6.1 The prices of the respective services are determined by the price list of the hotel valid at the time of the provision of the services. All prices include the currently valid statutory value-added tax. Increases or decreases in the statutory value added tax shall be borne by or in favor of the contractual partner. Subsequent changes to the services may lead to changes in the prices.
6.2 All prices are quoted as follows: in EUR per person and night for double occupancy of the room, excluding local tax, which is € 2.00 per person and night.
6.3 The price for single use of a double room will be announced exclusively upon a corresponding request.
6.4 A change of the booked period is only possible with the express consent of the hotel and under the conditions to be announced by the hotel. In particular, room rates may vary from season to season.
6.5 If the contracting party has booked within a period of time in addition to which a major event or other event takes place and such event is postponed after conclusion of the contract for reasons for which the hotel is not responsible, the contracting party shall remain bound to the booking for the originally agreed period of time. The postponement of the events therefore has no effect on the booking made. A rebooking for the period in which the event is made up for is only possible with the express consent of the hotel and at the conditions to be announced by the hotel. In particular, room rates may vary from season to season.
6.6 The hotel’s payment claim is due immediately upon receipt of the respective invoice without deduction.
6.7 The issuance of a total invoice does not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice entitles the hotel to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
6.8 The contract partner shall be charged a reminder fee of € 10.00 for each reminder sent by the hotel. Invoices are generally to be paid in cash or by credit card. The hotel is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted with the express consent of the hotel.
6.9 The contracting party may only offset a claim of the hotel if its claim is undisputed or has been legally established. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner’s own claims. Claims and other rights may only be assigned with the written consent of the hotel.
6.10. If the contract partner uses a credit card for the payment of hotel products with advance payment obligation (e.g. general orders with advance payments or guaranteed booking) without physically presenting it (e.g. via telephone, Internet or similar), the contract partner is not entitled in relation to the hotel to revoke this charge to its credit card institute.
7. cancellation of services/reduction of services
7.1 Reservations or bookings of the contract partner confirmed by the hotel are binding for both contract partners. In the event of cancellation or reduction by the contract partner, the contract partner shall pay the following compensation:
26.12.23 – 07.01.24 I 03.02.24 – 09.03.24
a) No compensation shall be payable to the contracting party if the hotel receives the notice of cancellation no later than 28 days before the planned date of arrival.
b) If the notice of cancellation is received by the hotel between 27 and 15 days before the planned date of arrival, a cancellation fee of 50% of the agreed total price shall be payable.
c) If the cancellation notice is received by the hotel 14 to 8 days before the planned date of arrival, we will charge a cancellation fee of 70% of the agreed total price.
d) If the cancellation is received by the hotel 7 or fewer days before the planned date of arrival or if no notification is received from the guest (contractual partner) or if the stay is prematurely terminated, 100% of the agreed total price will be charged.
10.12.23 – 26.12.23 I 07.01.24 – 03.02.24 I 09.03.24 – 02.04.24
e) No compensation for cancellation will be charged to the contract partner, provided the hotel receives the cancellation notice no later than 15 days prior to the planned date of arrival.
f) If the notice of cancellation is received by the hotel 14 to 8 days before the planned date of arrival, we shall charge a cancellation fee of 70% of the agreed total price.
g) If the cancellation is received by the hotel 7 or fewer days before the planned date of arrival or if no notification is received from the guest (contractual partner) or if the stay is prematurely interrupted, we shall charge a cancellation fee of 70% of the agreed total price.
h) Cancellation is free of charge up to 15 days before the planned date of arrival.
i) If the notice of cancellation is received by the hotel 14 or fewer days before the planned date of arrival or if no notification is received from the guest (contractual partner) or if the stay is prematurely terminated, 100 % of the agreed total price will be charged.
8. with regard to the current Covid 19 pandemic is expressly stated:
8.1 If the contracting party is unable to commence the stay for a reason attributable to him (including illness, quarantine, isolation requirements, quarantine obligation on return to the home town or country, etc.), this in no way entitles him to terminate the contract prematurely and his obligation to perform remains as previously broken down.
9. right of withdrawal
9.1 In the case of online bookings, the right of withdrawal pursuant to Section 18 (1) 10 FAGG shall not apply.
9.2 In the case of online vouchers, a right of withdrawal of 14 calendar days from the conclusion of the contract shall apply. The right of withdrawal can only be made valid by returning the voucher with an express declaration of withdrawal. The voucher thereby loses its validity and cannot be redeemed.
10. withdrawal/termination of the hotel
10.1 In accordance with the statutory provisions, the hotel shall be entitled to withdraw from the contract or to terminate the contract if, for example
a) the contract partner fails to perform a due service
b) fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible
c) the fulfillment of the contract is impossible due to necessary repair or reconstruction work at the hotel
d) the contract partner provides misleading or false information about essential data
e) the contract partner uses the name of the hotel in advertising without prior written consent
f) rooms that are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
g) the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety or the public reputation of the hotel
h) the agreed down payment is not paid in full by the due date.
10.2 The hotel shall notify the contracting party in writing of the exercise of the cancellation or termination without undue delay, at the latest within 14 days after the reason becomes known. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim of the hotel for compensation of the damage incurred as well as the expenses incurred by the hotel shall remain unaffected by the justified termination of the contract.
10.3 All other statutory grounds for termination or rescission of the contract shall remain unaffected by this enumeration.
11 Liability of the hotel, objects brought in, statute of limitations
11.1 The hotel shall be liable for all statutory and contractual claims for damages, insofar as these do not involve personal injury, only in the event of intentional or grossly negligent conduct.
11.2 Exclusions and limitations of liability shall apply in the same way in favor of all persons, companies, their subcontractors and vicarious agents employed by the hotel to fulfill its contractual obligations.
11.3 The contract partner is obligated to notify the hotel immediately of any recognizable defects in order to enable the hotel to make improvements. Failure to give such notice shall be deemed contributory negligence on the part of the contract partner.
11.4 Any items left behind by the contracting party shall only be forwarded upon request and at the risk and expense of the contracting party. The Hotel shall keep the items for 12 months and shall charge a reasonable fee for this. After this period, the items will be handed over to the local lost and found office, if there is a recognizable value.
12 Additional Provisions for Package Travel Contracts
12.1 If, in addition to providing room and board, the hotel’s service obligation consists of organizing a leisure program as its own paid service, this shall constitute a so-called package tour contract. In this case, the Package Travel Act shall apply.
12.2 If agreed and provided services are not used by the contracting party for no reason, a reduction or refund of the total fee is not possible.
12.3 The hotel shall not be liable for damages suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organizer of the special service.
13. data protection
13.1 The contract partner shall provide the hotel with all personal data necessary for the provision of the agreed service. By transmitting the data or by express declaration of consent, the contract partner agrees to their storage necessary for the processing and agrees to the disclosure to bodies necessary for the processing of the service (including authorities, offices, booking platforms, etc.).
14 Place of performance, jurisdiction and choice of law
14.1 The place of performance shall be the place where the accommodating establishment is located.
14.2 This contract is subject to Austrian law.
14.3 The place of jurisdiction is Zell am See.
15. severability clause
15.1 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract shall remain unaffected. In place of individual ineffective provisions, what is closest to the will of the contracting parties, taking into account the content and meaning of the legally effective provisions of these GTC, shall apply.