General Terms and Conditions
for Hotel Accommodation Contracts in Austrian hotels within the Dorint hotel group
1. These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation and to all other customer-related activities and services provided by the respective Dorint hotel (hereinafter referred to as “the Hotel”). The term “Hotel Accommodation Contract” shall include and replace the following terms: lodging contract, guest admission contract, hotel contract, hotel room contract.
2. Sub-letting or re-letting of rooms, together with their use for any purposes other than accommodation, shall require the prior written approval of the Hotel.
3. The customer’s own Terms and Conditions shall only apply if they have previously been expressly agreed in writing.
4. For the purpose of these Terms and Conditions, customers are consumers and/or entrepreneurs in terms of the Austrian consumer protection law (KSchG).
II. Contract agreement, contracting parties and limitations
1. The contract becomes valid when the Hotel accepts the customer’s application. If the Hotel makes the customer a firm offer, then the contract takes effect with the customer’s acceptance of the Hotel’s offer. The Hotel shall confirm the room booking in writing.
2. The contracting parties are the Hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party shall be jointly liable to the Hotel for all obligations arising from the Hotel Accommodation Contract, insofar as the third party shall provide the Hotel with an appropriate statement to this effect.
3. All mutual claims between the customer and/or the third party on the one hand and the Hotel on the other hand shall lapse 3 years after cognisance of the claim.
III. Services, tariffs, payment, offsetting
1. The Hotel is obliged to make available the rooms that the customer has reserved and to provide the services that have been agreed.
2. The customer is obliged to pay the current or agreed Hotel prices to hire the room and any other services he has made use of. This also applies to services and expenses that he requests the Hotel to make over against third parties. The agreed prices shall be understood to include taxes and local duties at the rates applicable at the time the contract was agreed. This does not include local duties, such as visitors’ tax, which, in accordance with the respective local legislation, the guest is liable to pay personally. In the event of any changes, subsequent to the contract agreement, in the statutory rate of turnover tax or the new introduction, alteration or repeal of local taxes or duties relating to the subject of the agreement, then the prices shall be increased or reduced accordingly. In cases of contracts with consumers, this shall only apply should the period between the agreement of the contract and its fulfilment exceed 2 months (Article 6 paragraph 2 line 4 of the Austrian consumer protection law).
3. The Hotel is entitled to take into account increased prices for rooms or other Hotel services when determining whether or to what extent to concur with subsequent customer wishes for a reduction in the number of rooms or Hotel services and/or the length of period booked by the customer.
4. Hotel invoices without a payment date are payable in full within 10 calendar days of receipt. The Hotel is entitled to demand payments outstanding at any time, and to require immediate payment. In the event of delay in payment, the Hotel is entitled to demand the appropriate legal late payment interest of 8% above the basic interest rate, or 4% above the basic interest rate in the case of legal transactions involving a consumer. Furthermore, the Hotel can charge a fee of EUR 5.00 for every reminder of payment arrears that it sends. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages.
5. When the contract is agreed, or subsequently in accordance with the legal regulations governing package holidays, the Hotel is entitled to request an appropriate advance payment or security deposit. The amount of advance payment and the payment deadlines may be agreed in writing in the contract.
6. In substantiated cases, e.g. customer payment arrears or extension of the scope of the contract, the Hotel is entitled, even after the contract has been agreed, to demand an advance payment or a security deposit in terms of paragraph 5 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due.
7. The customer can only offset or reduce the Hotel’s payment demands by means of a valid legal claim. Consumers, on the other hand, are entitled to offset with claims which have been either recognised by the Hotel or established in a court of law, insofar as these are legally related to the claims of the Hotel (Article 6 paragraph 1 line 8 of the Austrian consumer protection law).
IV. Withdrawal of the customer (counter-order or cancellation) / failure to make use of the Hotel’s services (no show)
1. The customer’s withdrawal from a contract agreed with the Hotel is only possible if such right of withdrawal is expressly agreed in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract must be made in writing.
2. Provided that a date (optional) for withdrawal from the contract without penalty has been agreed between the customer and the Hotel, the customer may withdraw from the contract up to this date, without any claim for payment or compensation to the Hotel arising. The customer’s right to withdrawal is extinguished if he does not exercise his right to withdraw vis-à-vis the Hotel in writing by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, then no statutory right of withdrawal or cancellation shall be deemed to apply, and should the Hotel not agree to cancellation of the agreement, then the Hotel retains the right to claim the agreed payment even if the services have not been utilised. The Hotel is obliged to balance against its claim income from other rental made of the rooms and from expenses saved. If the rooms cannot be otherwise let, the Hotel is entitled to apply a flat rate reduction for expenditure saved. In such cases the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays, with or without breakfast, and for package arrangements involving outside services, 70% for overnight stays with half board, and 60% for full board arrangements. The customer is entitled to provide evidence that such claims have not arisen or are unjustifiably high.
4. Insofar as the Hotel calculates its actual losses, the maximum amount of compensation shall equal the contractually agreed price of the services to be supplied by the Hotel less the value of the expenditure saved by the Hotel together with the amount that the Hotel acquires through the alternative use of the Hotel’s services.
5. The compensation regulations referred to above shall apply accordingly if the customer does not claim the room or services he has reserved without informing the Hotel of this in good time (no show).
V. Withdrawal by the Hotel
1. Provided that the customer’s right to withdraw without penalty within a particular time period has been agreed in writing, the Hotel is also for its part entitled to withdraw without penalty within this time period.
2. The Hotel is also entitled to withdraw from the contract if an advance payment as agreed or as demanded in accordance with III. paragraph 5 is not made, even after an appropriate period of grace set by the Hotel has elapsed.
3. Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance, if so justified for well-founded reasons, especially in the event that …
- an act of God or other circumstances beyond the control of the Hotel make the fulfilment of the contract impossible;
- rooms are booked giving a misleading or a false description of essential facts (e.g. in respect of the customer, financial solvency or the purpose of the accommodation);
- the Hotel has good grounds for supposing that the use of the Hotel services might jeopardise the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye in a way that is beyond the control or scope of the Hotel’s organisation;
- there is any breach of I. paragraph 2.
4. If the Hotel justifiably withdraws, the customer shall have no right to claim for compensation.
VI. Provision, handing over and returning the room
1. Unless otherwise expressly agreed, the customer has no right to demand the provision of specific rooms.
2. The reserved rooms shall be available to the customer by 3:00 p.m. at the earliest on the agreed date of arrival. Reserved country houses / apartments shall be available to the customer by 5:00 p.m. at the earliest on the agreed date of arrival. The customer has no right to demand that rooms should be provided earlier.
3. On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal by 12:00 noon at the latest. Country houses / apartments must be placed at the Hotel’s disposal by 10:00 a.m. at the latest on the agreed departure date. If there is delay in vacating the room / country house or apartment, the Hotel may invoice for its use beyond the contract period up to 6:00 p.m. at 50% of the current daily letting price, and at 100% from 6:00 p.m. onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the Hotel had no claim or a significantly lower claim on payment for its use. Moreover, the Hotel reserves the right to establish proof of and charge for a higher rate of compensation.
VII. The Hotel’s liability
1. The Hotel shall be liable for such personal injuries or damages to property as result from its own wilful or grossly negligent behaviour or that of its vicarious agents. Insofar as the aggrieved party is a consumer, the Hotel shall also be liable for personal injury arising from slight negligence (Article 6 paragraph 1 line 9 of the Austrian consumer protection law). However, the hereby standardised exclusion of liability for slight negligence shall not apply if and when a fundamental contractual obligation has been breached. The level of liability for breaches of fundamental contractual obligations shall be limited to foreseeable and contractually typical damages when the contract was entered into; fundamental contractual duties being such, the fulfilment of which is substantial to the contract, and on which the customer may depend. Should any faults or shortcomings arise in the services provided by the Hotel, the Hotel will make every effort to correct this if the customer has brought these to its attention or made his objections promptly known. The customer is obliged to make reasonable effort to rectify any fault or minimise any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention.
2. The Hotel is liable to the customer in accordance with the legal provisions of Articles 970 ff. of the Austrian Civil Code (ABGB) for items brought into the Hotel. Accordingly, the Hotel shall only be liable up to a sum of EUR 500.00 for cash, securities and valuables, unless the Hotel accepted these items to take them in custody in full knowledge of their nature or in cases where the damage was caused by the Hotel or persons acting on behalf of the Hotel.
Insofar as a guest shall desire to bring monies, securities and valuables with a value of more than EUR 500.00 into the Hotel, this shall require a special safe keeping agreement with the Hotel. Safe keeping in the Hotel or room safe is recommended at all times. For all further liability on the part of the Hotel, the terms of VII. paragraph 1 above shall apply.
3. Though the customer may be offered a parking space in the Hotel garage or car park, this shall not form a contract for its safe keeping, even if a parking fee is paid. The Hotel shall only assume liability in terms of VII. paragraph 1 for loss or damage to any vehicle parked or manoeuvred on the Hotel’s property, or to its contents.
4. Instructions for wake-up calls shall be carried out with the utmost care by the Hotel. Messages, post and the sending of trade samples for the customers shall also be treated with the utmost care. The Hotel will undertake to deliver or keep such items (at the Hotel), or to send them on if desired, for a fee. VII. paragraph 1 above shall apply accordingly.
VIII. Final provisions
1. Any amendments or additions to this contract, the acceptance proposal or these General Terms and Conditions for Hotel Accommodation Contracts may only be made in writing. Unilateral amendments or additions on the part of the customer shall be ineffective.
2. Place of fulfilment and place of payment shall be the same as the registered office of the respective Hotel.
3. The exclusive place of jurisdiction shall be the same as the registered office of the Hotel.
4. Austrian law shall apply exclusively. The UN Sales Convention and conflict of law legislation are hereby precluded from applying.
5. In the event of individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be affected. Otherwise, statutory provisions shall apply.
Last revision: May 2014