General terms and conditions of business
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:
Is a natural person who uses accommodation. The guest is usually also the contractual partner. Those persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
Is a natural or legal person in Germany 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.
Is the contract concluded between the Pension Schierl and the contractual partner, the content of which is regulated in more detail below.
3. Conclusion of the contract - deposit
a. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access is granted during the announced business hours of Pension Schierl. The accommodation contract comes about through the acceptance of the contract partner's order.
b. Pension Schierl is entitled to conclude the accommodation contract under the condition that the contractual partner makes a down payment. In this case, Pension Schierl is obliged to inform the contractual partner of the required down payment before accepting the written or verbal order of the contractual partner. If the contractual partner agrees to the down payment (in writing or verbally), the accommodation contract comes into effect upon receipt of the declaration of consent for the contractual partner to pay the down payment at Pension Schierl.
c. The contractual partner is obliged to pay the deposit no later than 7 days (receipt) of the reservation confirmation. The contractual partner bears the costs for the money transaction (e.g. transfer fees). The 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 reference time, the contractual partner has the right to move into the rented rooms from 2 p.m. on the agreed day (day of arrival).
b. If a room is occupied for the first time before 6 a.m., the previous night counts as the first overnight stay.
c. The rented rooms are to be vacated by the contractual partner by 11:00 a.m. on the day of departure. Pension Schierl is entitled to charge for an additional day if the rented rooms are not vacated on time.
5. Withdrawal from the accommodation contract – cancellation fee Withdrawal by Pension Schierl
a. If the accommodation contract provides for a down payment and if the down payment was not made on time by the contractual partner, Pension Schierl can withdraw from the accommodation contract without a grace period.
b. If the guest does not show up by 6 p.m. on the agreed day of arrival, there is no obligation to stay unless a later arrival time has been agreed.
c. If the contractual partner has made a down payment (see 3.3), the premises will remain reserved until 12:00 p.m. on the day following the agreed arrival date at the latest. If more than four days are paid in advance, the obligation to stay ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
i.e. The accommodation contract can be canceled by Pension Schierl for objectively justified reasons by a unilateral declaration no later than 3 months before the agreed arrival date of the contractual partner, unless something else has been agreed.
Withdrawal by the contractual partner – cancellation fee
e. Up to 1 month before the guest's agreed arrival date at the latest, the accommodation contract can be canceled by the contractual partner without paying a cancellation fee by means of a unilateral declaration.
f. Outside of the 5th e. specified period of time, withdrawal by unilateral declaration by the contractual partner is only possible with 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.
Cancellation made late: 100 % of the price of the entire booking.
No shows: 100 % of the price of the entire booking.
impediments to arrival
G. If the contractual partner cannot appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable extraordinary 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 is revived once arrival is possible if arrival becomes possible again within three days.
6. Provision of alternative accommodation
a. Pension Schierl can provide the contractual partner or the guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
b. an objective justification is given, for example, if the room(s) has (have) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.
c. Any additional expenses for the replacement accommodation will be at the expense of Pension Schierl.
7. Rights of the contractual partner
a. By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are accessible to the guests for use in the usual way and without special conditions, and to the usual service. The contractual partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
8. Obligations of the contractual partner
a. The contractual partner is obliged to pay the agreed fee plus any additional amounts that have arisen due to the separate use of services by him and/or the guests accompanying him, plus statutory sales tax, by the time of departure at the latest.
b. Pension Schierl is not obliged to accept foreign currencies. If the Pension Schierl accepts foreign currencies, these will be taken in payment at the daily exchange rate if possible. If the Pension Schierl accepts foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as credit card fees, inquiries about credit card companies, telegrams, etc.
c. The contractual partner is liable to Pension Schierl for any damage caused by him or the guest or other persons who accept services from Pension Schierl with the knowledge or will of the contractual partner.
9. Rights of Pension Schierl
a. If the contractual partner refuses to pay the agreed fee or is in arrears with it, Pension Schierl is entitled to the statutory right of retention in accordance with Section 970c ABGB and the statutory right of lien in accordance with Section 1101 ABGB to the items brought in by the contractual partner or the guest. Pension Schierl is also entitled to this right of retention or lien to secure its claims from the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
b. If service is required 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 request a special fee for this. However, this special fee must be indicated on the room price table. Pension Schierl can 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 can be invoiced separately, such as the provision of garages, guest kitchens, lounges, etc.
II. A reduced price will be charged for the provision of additional beds or children's beds.
11. Liability of Pension Schierl for damage to items brought in
a. The Pension Schierl is liable according to §970 ff ABGB for the things brought in by the contractual partner. Pension Schierl is only liable if the items have been handed over to Pension Schierl or persons authorized by Pension Schierl or have been taken to a location specified or designated by them. If the Pension Schierl does not succeed in providing evidence, the Pension Schierl is liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. Pension Schierl is liable in accordance with Section 970, Paragraph 1 of the Austrian Civil Code up to the amount specified in the federal law of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or the guest does not immediately comply with the request from Pension Schierls to deposit their belongings in a special place, Pension Schierl is released from any liability. The amount of any liability of the Pension Schierl is limited to the liability insurance sum of the Pension Schierl. Any fault on the part of the contractual partner or guest must be taken into account.
b. The liability of the Pension Schierl is excluded for slight 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 for the existence of fault. Consequential damages 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 amount of currently ? 550.00. Pension Schierl is only liable for further damage if it has accepted these items for safekeeping with knowledge of their condition or if the damage was caused by itself or one of its employees. The limitation of liability according to 12.a and 12.b applies accordingly.
i.e. Pension Schierl can refuse to keep valuables, money and securities if they are significantly more valuable items than guests of the accommodation facility concerned usually leave in safekeeping.
e. In any case of storage, liability is excluded if the contractual partner and/or guest does not immediately notify Pension Schierl of the damage that has occurred. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest, otherwise the right will expire.
12. Limitations of Liability
a. If the contractual partner is a consumer, the liability of Pension Schierl for slight negligence, with the exception of personal injury, is excluded.
b. If the contractual partner is an entrepreneur, the liability of Pension Schierl for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the level of trust.
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 contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his own expense.
c. The contractual partner or guest who takes an animal with him 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 Pension Schierl.
i.e. The contractual partner or his insurer are jointly and severally liable to Pension Schierl for damage caused by animals brought along. In particular, the damage also includes those compensation payments by Pension Schierl that Pension Schierl has to provide to third parties.
14. Extension of Accommodation
a. The contractual partner is not entitled to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, Pension Schierl can agree to the extension of the accommodation contract. Pension Schierl is under no obligation to do so.
b. If the contractual partner cannot leave the accommodation facility on the day of departure because all departure options are blocked or unusable 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 cannot fully use the services offered by the accommodation provider due to the unusual weather conditions. The Pension Schierl is entitled to demand at least the amount that corresponds to the price usually charged in the low season
15. Termination of Accommodation Agreement - Premature 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 leaves early, Pension Schierl is entitled to demand the full agreed fee. Pension Schierl will deduct what it saved as a result of not using its range of services or what it received by renting the ordered rooms to other people. There is only a saving if the accommodation facility is fully booked at the time the guest does not use the room booked and the room can be rented to other guests due to the cancellation by the contractual partner. The contractual partner bears the burden of proof of the savings.
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 can terminate the contract by 10 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 important reasons, especially if the contractual partner or the guest
I. makes a significantly disadvantageous use of the premises or spoils the cohabitation of the other guests, the owner, his people or the third parties living in the accommodation facility through his inconsiderate, offensive or otherwise grossly inappropriate behavior
II. room disinfection that has become necessary,
III. laundry, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
IV. Restoration of walls, furnishings, carpets, etc., insofar as these were 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 or similar,
VI. any other damage 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 to the exclusion of the rules of international private law (in particular IPRG and EVÜ) and UN sales law.
c. The exclusive place of jurisdiction in bilateral entrepreneurial transactions is the headquarters of Pension Schierl, whereby Pension Schierl is also entitled to assert its rights at any other local and factually competent court.
i.e. If the accommodation contract was concluded with a contractual partner who is a consumer and has his domicile or habitual abode in Austria, lawsuits against the consumer can only be brought at the domicile, habitual abode or place of employment of the consumer.
e. If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the place of residence of the consumer for complaints against the consumer is locally and factually responsible court has exclusive jurisdiction.
a. Unless the above provisions provide otherwise, a period begins with the delivery of the document ordering the period to the contractual partner who must observe the period. When calculating a period, which is determined by days, the day in which the point in time or the event falls, on which the beginning of the period should be based, is not counted. Deadlines determined by weeks or months refer to that day of the week or month which, by its name or number, corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day in this month is decisive.
b. Declarations must be received by the other contractual partner on the last day of the period (24 hours).
c. Pension Schierl is entitled to offset its own claims against claims by the contractual partner. The contractual partner is not entitled to offset his own claims against claims of Pension Schierl, unless Pension Schierl is insolvent or the claim of the contractual partner has been determined by a court or recognized by Pension Schierl.
i.e. In the event of loopholes, the relevant statutory provisions shall apply.