General Terms & Conditions
Conditions of use
1. General
1.1 In case of doubt, the contractual partner of Dr. Christian Harisch e. U. shall be the customer, even if he has ordered or co-ordered for other named persons.
1.2 Persons utilising the accommodation are guests within the meaning of the contractual terms and conditions.
2. Conclusion of contract, down payment
2.1 As a rule, the accommodation contract is concluded when the guest confirms the reservation and receives the deposit. There is no statutory right of cancellation of the accommodation contract.
2.2 It may be agreed that the guest shall make a down payment. If payment is not made on time, the Proprietor reserves the right to rent the room(s) to another party. In this respect, late payment shall be deemed a cancellation by the booking party.
2.3 Dr Christian Harisch e. U. may also demand advance payment of the entire agreed fee.
2.4 The photos of the rooms and suites on the Internet are sample photos. Deviations in style, colour scheme, furnishings and floor plan are possible.
3. Beginning and end of accommodation
3.1 The Guest shall have the right to move into the rented rooms from 3 p.m. on the agreed day.
3.2 The accommodation provider has the right to withdraw from the contract if the guest does not arrive by 6 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
3.3 If the guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
3.4 If a room is occupied for the first time before 10 a.m., the previous night shall count as the first overnight stay.
3.5 The rented rooms must be vacated by the guest by 11 a.m. on the day of departure.
4. cancellation of the accommodation contract and rebooking
If no other cancellation conditions have been agreed, the following shall apply:
4.1 The Accommodation Agreement may be cancelled by either Party by means of a unilateral declaration no later than 29 days before the agreed date of arrival of the Guest without payment of a cancellation fee. The declaration of cancellation must be received by the contracting party no later than 29 days before the agreed date of arrival of the guest.
4.2 The accommodation contract may be cancelled by either contracting party by unilateral declaration no later than 8 days before the agreed date of arrival of the guest; however, a cancellation fee amounting to 70% of the arrangement sum must be paid. The cancellation notice must be received by the contracting party no later than 8 days before the agreed date of arrival of the guest.
4.3 If the accommodation contract is cancelled 7 days or less before the agreed date of arrival or in the event of no-show, a cancellation fee of 100% of the total amount of the arrangement shall be payable.
4.4 The accommodation provider has the right to cancel the contract if the guest does not arrive by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed.
4.5 If the guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
4.6 Even if the guest does not make use of the booked room(s) or the boarding service or if the reason for the trip no longer applies (e.g. cancellation of the Hahnenkamm ski race), the guest shall be obliged to pay the agreed remuneration to the accommodation provider. However, the Proprietor must deduct what it has received by renting the booked rooms to other parties.
4.7 The Proprietor shall be responsible for endeavouring to rent the unused rooms to other parties in accordance with the circumstances (§ 1107 ABGB).
4.8 Cancellation of beauty & wellness appointments is possible free of charge up to 12 hours before the start of the treatment. After this time, 100% of the costs will be charged. The same applies to no-shows.
4.9 It is possible to rebook the travel date within the relevant travel month. A rebooking fee of EUR 100 will be charged for this.
5. provision of alternative accommodation
5.1 The accommodation provider may provide the guest with adequate alternative accommodation if this is reasonable for the guest, in particular because the deviation is minor and objectively justified.
5.2 An objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures necessitate this step.
5.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
6. Rights of the guest
6.1 By concluding an accommodation contract, the guest acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are usually accessible to guests for use without special conditions, and to the customary service.
6.2 The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
6.3 The guest shall not be entitled to any compensation if the accommodation provider is not ready to provide the agreed meals within the usual times of day and in the rooms designated for this purpose.
7. Obligations of the guest
7.1 Upon termination of the Accommodation Agreement, the agreed remuneration shall be paid.
The Proprietor shall not be obliged to accept non-cash means of payment such as cheques, credit cards, vouchers, etc..
All costs incurred in accepting such securities, such as for enquiries etc., shall be borne by the Guest.
7.2 If food or beverages are available at the accommodation establishment but are brought there and consumed in public areas, the accommodation provider shall be entitled to charge reasonable compensation (so-called ‘stoppage money’ for beverages).
7.3 The accommodation provider’s consent must be obtained before any electrical appliances brought by the guests that are not part of the usual travelling requirements are put into operation.
7.4 The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the Guest shall be liable for any damage and disadvantage suffered by the Proprietor or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim damages directly from the Proprietor.
8. rights of the accommodation provider
8.1 If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall be entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention).
8.2 The Proprietor shall have a lien on the items brought in by the Guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
8.3 If service is requested in the guest’s room or at unusual times of the day, the accommodation provider shall be entitled to charge a special fee for this. He may also refuse such services for operational reasons
9. Obligations of the Proprietor
9.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to the standard.
9.2 Special services of the accommodation provider that are not included in the accommodation fee shall be subject to labelling:
(a) special accommodation services that may be charged separately, such as the provision of lounges, sauna and indoor pool, swimming pool, solarium, bunk bath, garaging, etc.
b) a reduced price shall be charged for the provision of additional beds or cots.
(3) The prices quoted must be inclusive prices.
10. Liability of the accommodation provider for damages
10.1 The accommodation provider shall be liable for damage suffered by a guest if the damage occurred within the scope of the establishment and the accommodation provider or its employees are at fault.
10.2 Liability for items brought in. In addition, the Proprietor shall be liable as custodian for items brought in by the accommodated guests up to a maximum amount of EUR 1,100, unless the Proprietor proves that the damage was neither caused by the Proprietor or one of its employees nor by third parties entering or leaving the hotel.
10.3 Under these circumstances, the Proprietor shall be liable for valuables, money and securities up to a maximum amount of EUR 550, unless the Proprietor has taken these items into safekeeping with knowledge of their nature or the damage was caused by the Proprietor or its employees and the Proprietor is therefore liable without limitation. A refusal of liability by means of a notice has no legal effect.
The safekeeping of valuables, money and securities may be refused if the items in question are considerably more valuable than guests of the establishment in question usually leave in safekeeping. Agreements by which liability is to be reduced below the level specified in the above paragraphs are invalid. Items shall be deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or brought to a place designated for this purpose by the latter. (In particular §§ 970 ff. ABGB.)
11. keeping animals (pets)
Pets are permitted in the accommodation establishment.
12. extension of the accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
13. termination of the accommodation
13.1 If the accommodation contract has been agreed for a specific period, it shall end upon expiry of the period. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration.
However, the Proprietor shall be responsible for endeavouring to rent the unused rooms to other parties in accordance with the circumstances.
13.2 The contract with the Proprietor shall end upon the death of a Guest.
13.3 If the Accommodation Agreement has been concluded for an indefinite period, the Parties may terminate the Agreement at any time by giving three days’ notice. The notice of cancellation must reach the contracting party before 10 a.m., otherwise this day shall not be deemed the first day of the cancellation period, but only the following day.
13.4 If the Guest fails to vacate the room by 11 a.m., the Proprietor shall be entitled to charge the room rate for a further day.
13.5. The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together unpleasant for the other occupants or commits a punishable offence against property, morality or physical safety against the Proprietor and his staff or a person living in the accommodating establishment;
b) is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
c) fails to pay the invoice presented to him within a reasonably set period of time upon request.
(6) If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be cancelled.
However, the accommodation provider is obliged to return the remuneration already received on a pro rata basis so that he does not make any profit from the event. (§ 1447 ABGB.)
14. illness or death of the guest in the accommodation establishment
14.1. if a guest falls ill during his stay in the accommodation establishment, the accommodation provider is obliged to provide medical care if this is necessary and the guest is not in a position to do so himself.
The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against his legal successor in the event of death against his legal successor:
a) any reimbursement of medical expenses not yet paid by the guest;
b) for the necessary room disinfection, if this is ordered by the public health officer;
c) if necessary, compensation for linen, bed linen and bed furnishings that have become unusable, against surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., if this is ordered by the public health officer., if these have been contaminated or damaged in connection with the illness or death;
e) for the room rental, if it is cancelled in connection with the illness or death due to the temporary unavailability of the rooms (at least three, at most seven days).
15. vouchers
Unless otherwise stated on the vouchers, vouchers are valid for 3 years. Vouchers are not redeemable in cash.
16. place of fulfilment and jurisdiction
16.1. the place of fulfilment is the place where the accommodation establishment is located.
16.2 For all disputes arising from the Accommodation Agreement, the court with subject-matter and local jurisdiction for the accommodating establishment shall be agreed.
