General terms and conditions of business

1. Scope

a. These “General Terms and Conditions 2022” for Pension Schierl replace the previous General Terms and Conditions.

2. Definitions of terms

a. Definitions of terms:

Guest
A natural person who uses accommodation. The guest is usually also the contractual partner. Guests also include persons traveling with the contractual partner (e.g., family members, friends, etc.).
contractor
Is a natural or legal person in Switzerland or abroad who concludes an accommodation contract as a guest or for a guest.
consumer and entrepreneur
The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
accommodation contract
Is the contract concluded between Pension Schierl and the contractual partner, the content of which is regulated in more detail below.

3. Conclusion of contract – down payment

a. Electronic declarations are deemed to have been received if the party to whom they are intended can access them under normal circumstances and if access occurs during Pension Schierl's announced business hours. The accommodation contract is concluded upon acceptance of the contracting party's order.
b. Pension Schierl is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, Pension Schierl is obligated to inform the contracting party of the required deposit before accepting the contracting party's written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent to the payment of the deposit by Pension Schierl.
c. The contracting party is obligated to pay the deposit no later than 7 days (from the date of receipt) of the reservation confirmation. The contracting party bears the costs of the financial transaction (e.g., transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
i.e. The down payment is a partial payment of the agreed fee.

4. Beginning and end of accommodation

a. Unless Pension Schierl offers a different check-in time, the contracting party has the right to move into the rented rooms from 2 p.m. on the agreed day (arrival date).
b. If a room is used for the first time before 6:00 a.m., the previous night counts as the first night.
c. The rented rooms must be vacated by the contractual partner by 11:00 a.m. on the day of departure. Pension Schierl reserves the right to charge for an additional day if the rented rooms are not vacated by this time.

5. Withdrawal from the accommodation contract – cancellation fee withdrawal by Pension Schierl

a. If the accommodation contract stipulates a deposit and the deposit has not been paid by the contractual partner on time, Pension Schierl may withdraw from the accommodation contract without granting a grace period.
b. If the guest does not arrive by 6 p.m. on the agreed arrival date, there is no obligation to accommodate the guest unless a later arrival time has been agreed.
c. If the contractual partner has made a deposit (see 3.3), the accommodations will remain reserved until 12:00 noon on the day following the agreed arrival date at the latest. If more than four days' advance payment is made, the accommodation obligation ends at 6:00 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest notifies a later arrival date.
i.e. The accommodation contract can be terminated by Pension Schierl by unilateral declaration for objectively justified reasons up to 3 months before the agreed date of arrival of the contractual partner, unless otherwise agreed.

Withdrawal by the contractual partner – cancellation fee

e. The accommodation contract can be terminated by the contracting party by unilateral declaration without payment of a cancellation fee up to one month before the agreed date of arrival of the guest.
f. Outside the period specified in 5.e., withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

Cancellation up to 30 days before date of arrival: free of charge.
Cancellation up to 21 days before date of arrival: 40 % of the price of the entire booking.
Cancellation up to 14 days before date of arrival: 60 % of the price of the entire booking.
Cancellation up to 7 days before date of arrival: 80 % of the price of the entire booking.
Late cancellation: 100 % of the total booking price.
No shows: 100 % of the price of the entire booking.

impediments to arrival

G. If the contractual partner is unable to appear at the accommodation facility on the day of arrival because all means of arrival are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
H. The obligation to pay the fee for the booked stay will reappear as soon as arrival is possible again within three days.

6. Provision of alternative accommodation

a. Pension Schierl may provide the contractual partner or guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contractual partner, particularly if the deviation is minor and objectively justified.
b. An objective justification exists, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is overbooking or other important operational measures necessitate this step.
c. Any additional expenses for alternative accommodation will be borne by Pension Schierl.

7. Rights of the contractual partner

a. By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests without special conditions, and the usual service. The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

8. Obligations of the contractual partner

a. The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to the use of separate services by him and/or the guests accompanying him, plus statutory value added tax, at the latest at the time of departure.
b. Pension Schierl is not obligated to accept foreign currencies. If Pension Schierl does accept foreign currencies, it will be accepted at the current exchange rate, if possible. Should Pension Schierl accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as credit card fees, inquiries with credit card companies, telegrams, etc.
c. The contracting party is liable to Pension Schierl for any damage caused by him or the guest or other persons who receive services from Pension Schierl with the knowledge or consent of the contracting party.

9. Rights of Pension Schierl

a. If the contractual partner refuses to pay the agreed fee or is in arrears with it, Pension Schierl shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the contractual partner or the guest. Pension Schierl shall also be entitled to this right of retention or lien to secure its claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contractual partner, and for any possible claims for compensation of any kind.
b. If service is requested in the contractual partner's room or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), Pension Schierl is entitled to charge a special fee. This special fee must be indicated on the room rate card. Pension Schierl may also refuse these services for operational reasons.
c. Pension Schierl has the right to billing or interim billing for its services at any time.

10. Obligations of Pension Schierl

1. Pension Schierl is obliged to provide the agreed services to an extent that corresponds to its standard.
2. Examples of special services of the Pension Schierl that are subject to certification and are not included in the accommodation fee are:

I. Special accommodation services that may be invoiced separately, such as the provision of garage parking, guest kitchen, lounge, etc.
II. A reduced price will be charged for the provision of extra beds or children's beds.

11. Pension Schierl’s liability for damage to property brought into the guesthouse

a. Pension Schierl is liable in accordance with Section 970 ff of the Austrian Civil Code (ABGB) for the belongings brought in by the contractual partner. Pension Schierl is only liable if the belongings have been handed over to Pension Schierl or to personnel authorized by Pension Schierl, or if they have been taken to a location instructed or designated by them. If Pension Schierl is unable to provide proof, Pension Schierl is liable for its own negligence or the negligence of its personnel, as well as for those entering and leaving the property. Pension Schierl's liability is limited to the amount stipulated in the Federal Law of November 16, 1921, on the Liability of Innkeepers and Other Business Owners, as amended. If the contractual partner or guest fails to immediately comply with Pension Schierl's request to deposit their belongings in a special storage location, Pension Schierl is released from all liability. The amount of any liability of Pension Schierl is limited to the maximum amount of Pension Schierl's liability insurance. Any fault of the contractual partner or guest must be taken into account.
b. Pension Schierl's liability is excluded for minor negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof of fault. Consequential or indirect damages, as well as lost profits, will not be compensated under any circumstances.
c. Pension Schierl is only liable for valuables, money, and securities up to the current amount of €550. Pension Schierl is liable for damages exceeding this amount only if it accepted these items for safekeeping with full knowledge of their condition, or if the damage was caused by the guest or one of its employees. The limitation of liability according to 12.a and 12.b applies accordingly.
i.e. Pension Schierl may refuse to store valuables, money and securities if the items are significantly more valuable than those usually deposited by guests of the accommodation establishment in question.
e. In any case of assumed storage, liability is excluded if the contractual partner and/or guest fails to notify Pension Schierl of the damage immediately upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner's or guest's knowledge or potential knowledge of the damage; otherwise, the right to claim is forfeited.

12. Limitations of Liability

a. If the contractual partner is a consumer, Pension Schierl's liability for slight negligence is excluded, with the exception of personal injury.
b. If the contractual partner is an entrepreneur, Pension Schierl's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof of fault. Consequential damages, intangible or indirect damages, as well as lost profits, will not be compensated. In any case, the amount of damage to be compensated is limited to the amount of the legitimate interest.

13. Animal Husbandry

a. Animals may only be brought into the accommodation facility with the prior consent of Pension Schierl and, if necessary, for a special fee.
b. The contracting party who brings an animal with them is obliged to properly keep and supervise this animal during their stay or to have it kept and supervised by suitable third parties at their own expense.
c. The contractual partner or guest bringing an animal must have appropriate animal liability insurance or personal liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by Pension Schierl.
i.e. The contracting party or their insurer are jointly and severally liable to Pension Schierl for any damage caused by animals brought along. This damage includes, in particular, any compensation payments that Pension Schierl is required to provide to third parties.

14. Extension of accommodation

a. The contractual partner has no right to an extension of their stay. If the contractual partner notifies the guest of their wish to extend their stay in a timely manner, Pension Schierl may agree to the extension of the accommodation contract. Pension Schierl is under no obligation to do so.
b. If the contractual partner is unable to leave the accommodation facility on the day of departure because all departure options are blocked or unavailable due to unforeseeable, exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner is unable to fully utilize the services offered by the accommodation facility due to the exceptional weather conditions. Pension Schierl is entitled to demand at least the fee that corresponds to the usual price charged during the off-season.

15. Termination of the accommodation contract – Early termination

a. If the accommodation contract was concluded for a specific period of time, it ends when the period has expired.
b. If the contractual partner departs early, Pension Schierl is entitled to demand the full agreed fee. Pension Schierl will deduct any savings it has made as a result of the non-use of its services or any savings it has received from renting the booked rooms to other guests. Savings only exist if the accommodation provider is fully occupied at the time the guest does not use the booked rooms and the rooms can be rented to other guests due to the contractual partner's cancellation. The burden of proof of savings lies with the contractual partner.
c. The contract with Pension Schierl ends with the death of a guest.
i.e. If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
e. Pension Schierl is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest

I. makes a significantly detrimental use of the premises or, through his reckless, offensive or otherwise grossly inappropriate behavior, makes living together unpleasant for the other guests, the owner, his staff or third parties staying in the accommodation facility
II. room disinfection that has become necessary,
III. unusable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,
IV. Restoration of walls, furnishings, carpets, etc., to the extent that these have been contaminated or damaged in connection with the illness or death,
V. Room rent, insofar as the room was used by the guest, plus any days of invulnerability of the room due to disinfection, evacuation, etc.,
VI. any other damages incurred by Pension Schierl.

17. Place of performance, jurisdiction and choice of law

a. Place of performance is 5324 Faistenau.
b. This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
c. The exclusive place of jurisdiction in bilateral business transactions is the registered office of Pension Schierl, whereby Pension Schierl is also entitled to assert its rights before any other local and subject-matter competent court.
i.e. If the accommodation contract was concluded with a contractual partner who is a consumer and has his or her place of residence or habitual abode in Austria, legal proceedings against the consumer can only be brought at the consumer's place of residence, habitual abode or place of employment.
e. If the accommodation contract was concluded with a contractual partner who is a consumer and has his or her place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

18. Miscellaneous

a. Unless otherwise provided for in the above provisions, a period of time begins upon service of the document establishing the period of time on the contracting party, who must observe the period. When calculating a period of time determined in days, the day in which the time or event occurs that is to determine the start of the period of time is not included. Periods determined in weeks or months refer to the day of the week or month which, by name or number, corresponds to the day from which the period of time is to be counted. If this day is missing in the month, the last day of that month shall apply.
b. Declarations must be received by the other contracting party on the last day of the deadline (midnight).
c. Pension Schierl is entitled to offset its own claims against the contractual partner's claims. The contractual partner is not entitled to offset its own claims against the claims of Pension Schierl unless Pension Schierl is insolvent or the contractual partner's claim has been legally established or recognized by Pension Schierl.
i.e. In case of regulatory gaps, the relevant statutory provisions shall apply.