Hotel Kaiserblick Wilder Kaiser

Version dated November 15, 2006

Table of Contents
§ 1 Scope of Application
§ 2 Definitions
§ 3 Conclusion of the Contract – Deposit
§ 4 Start and End of the Accommodation
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
§ 6 Provision of Alternative Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider
§ 11 Liability of the Accommodation Provider for Damage to Personal Belongings
§ 12 Limitations of Liability
§ 13 Keeping Pets
§ 14 Extension of the Accommodation
§ 15 Termination of the Accommodation Contract – Early Termination
§ 16 Illness or Death of the Guest During the Accommodation Contract
§ 17 Place of Performance, Jurisdiction, and Governing Law
§ 18 Miscellaneous
§ 19 Kaiserblick Bonus Program
§ 20 Social Media Advent Calendar

§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.
1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 take precedence over agreements made on a case-by-case basis.

§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who provides lodging to guests in exchange for payment. “Guest”: A natural person who makes use of lodging services. The guest is generally also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests. “Contracting Party”: A natural or legal person, whether domestic or foreign, who enters into a lodging contract as a guest or on behalf of a guest. “Consumer” and “Business Operator”: These terms are to be understood within the meaning of the Consumer Protection Act of 1979, as amended. “Accommodation Contract”: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set forth in greater detail below.

§ 3 Conclusion of the Contract – Down Payment
3.1 The lodging contract is concluded upon the accommodation provider’s acceptance of the contracting party’s reservation. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and if receipt occurs during the accommodation provider’s published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the contracting party’s written or oral order. If the contracting party agrees to the deposit (in writing or verbally), the lodging contract is concluded upon the accommodation provider’s receipt of the contracting party’s declaration of consent regarding payment of the deposit.
3.3 The contracting party is obligated to pay the deposit no later than 7 days (receipt date) prior to the start of the stay. The costs of the financial transaction (e.g., transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card issuers apply.
3.4 The deposit constitutes a partial payment toward the agreed-upon fee. 

§ 4 Start and End of the Stay
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to check into the rented rooms starting at 4:00 p.m. on the agreed-upon day (“arrival day”).
4.2 If a room is first occupied before 6:00 a.m., the preceding night counts as the first night’s stay.
4.3 The contracting party must vacate the rented rooms by 12:00 p.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the specified time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee; Withdrawal by the Accommodation Provider
5.1 If the accommodation contract provides for a deposit and the contracting party has not paid the deposit by the due date, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed-upon arrival date, the accommodation provider is under no obligation to provide lodging, unless a later arrival time has been agreed upon.

Cancellation by the Contracting Party – Cancellation Fee
5.5 The lodging agreement may be terminated by unilateral declaration of the contracting party without payment of a cancellation fee no later than 3 months prior to the guest’s agreed arrival date.
5.6 Outside the period specified in § 5.5, cancellation by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
Cancellation is free of charge up to 5 weeks before arrival.
- 30 days to 7 days before arrival: 70%
- 7 days before arrival through the day of arrival: 90%

Impediments to Arrival
5.7 If the contracting party is unable to arrive at the lodging facility on the day of arrival because unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) render all means of travel impossible, the contracting party is not obligated to pay the agreed-upon fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes as soon as travel becomes possible again, provided that travel becomes possible within three days.

§ 6 Provision of Alternative Accommodations
6.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodations (of the same quality) if this is reasonable for the contracting party, particularly if the difference is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) has (have) become unusable, if guests already staying at the property extend their stay, if there is overbooking, or if other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodations shall be borne by the accommodation provider.

§ 7 Rights of the Contracting Party
7.1 By entering into an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms and the facilities of the accommodation establishment that are normally available to guests for use without special conditions, as well as to the customary level of service. The contracting party must exercise these rights in accordance with any applicable hotel and/or guest policies (house rules).

§ 8 Obligations of the Contracting Party
8.1 The contracting party is obligated to pay the agreed-upon fee, plus any additional amounts incurred as a result of separate services utilized by the contracting party and/or the guests accompanying him or her, plus applicable sales tax, no later than the time of departure.
8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted in payment at the daily exchange rate to the extent possible. Should the accommodation provider accept foreign currencies or non-cash payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by the contracting party, the guest, or other persons who, with the contracting party’s knowledge or consent, receive services from the accommodation provider.

§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or is in arrears with such payment, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) as well as the statutory lien pursuant to § 1101 of the ABGB on the items brought in by the contracting party or the guest. The accommodation provider is further entitled to this right of retention or lien to secure its claims arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and any claims for damages of any kind.
9.2 If service is requested in the contracting party’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be listed on the room rate chart. The accommodation provider may also refuse to provide these services for operational reasons.
9.3 The accommodation provider is entitled to issue an invoice or interim invoice for its services at any time.

§ 10 Obligations of the Accommodation Provider
10.1 The Accommodation Provider is obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services provided by the Accommodation Provider that are subject to an additional charge and are not included in the accommodation fee include, by way of example:
a) Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage parking, etc.;
b) A reduced price will be charged for the provision of additional beds or children's beds.

§ 11 Liability of the Accommodation Provider for damage to property brought onto the premises
11.1 The Accommodation Provider shall be liable pursuant to Sections 970 et seq. of the Austrian General Civil Code (ABGB) for property brought onto the premises by the Contracting Party. The Accommodation Provider shall only be liable if the property has been handed over to the Accommodation Provider or to persons authorised by the Accommodation Provider, or has been placed in a location designated or intended for this purpose by such persons. Unless the Accommodation Provider can prove otherwise, the Accommodation Provider shall be liable for its own fault or the fault of its employees as well as for persons entering and leaving the establishment. Pursuant to Section 970 (1) ABGB, the Accommodation Provider shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Contracting Party or Guest fails to immediately comply with the Accommodation Provider's request to deposit their property in a designated place of safekeeping, the Accommodation Provider shall be released from any liability. The amount of any liability of the Accommodation Provider shall be limited to the sum insured under the respective Accommodation Provider's liability insurance. Any contributory fault on the part of the Contracting Party or Guest shall be taken into account.
11.2 The Accommodation Provider's liability for slight negligence is excluded. If the Contracting Party is an entrepreneur, liability for gross negligence is also excluded. In this case, the Contracting Party shall bear the burden of proving fault. Consequential or indirect damages and loss of profit shall under no circumstances be compensated.
11.3 For valuables, money and securities, the Accommodation Provider shall only be liable up to the current amount of € 550. The Accommodation Provider shall only be liable for damages exceeding this amount if it accepted such items for safekeeping with knowledge of their nature or if the damage was caused by the Accommodation Provider itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply accordingly.
11.4 The Accommodation Provider may refuse to accept valuables, money and securities for safekeeping if the items are substantially more valuable than those normally deposited for safekeeping by guests of the respective accommodation establishment.
11.5 In all cases where property has been accepted for safekeeping, liability shall be excluded if the Contracting Party and/or Guest fails to notify the Accommodation Provider of the damage immediately upon becoming aware of it. Furthermore, such claims must be asserted in court within three years from the date on which the Contracting Party or Guest became aware or could reasonably have become aware of the damage; otherwise, the right shall lapse.

§ 12 Limitations of liability
12.1 If the Contracting Party is a consumer, the Accommodation Provider's liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2 If the Contracting Party is an entrepreneur, the Accommodation Provider's liability for slight and gross negligence shall be excluded. In this case, the Contracting Party shall bear the burden of proving fault. Consequential damages, non-material damages or indirect damages as well as loss of profit shall not be compensated. In all cases, compensation shall be limited to the amount of the reliance interest.

§ 13 Keeping of animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the Accommodation Provider and, where applicable, against payment of an additional charge.
13.2 The Contracting Party bringing an animal is obliged to properly keep and supervise the animal during the stay or, at their own expense, arrange for suitable third parties to keep and supervise the animal.
13.3 The Contracting Party or Guest bringing an animal must have appropriate animal liability insurance or private liability insurance covering possible damage caused by animals. Proof of the relevant insurance must be provided at the Accommodation Provider's request.
13.4 The Contracting Party and/or their insurer shall be jointly and severally liable to the Accommodation Provider for any damage caused by animals brought onto the premises. Such damage shall include, in particular, any compensation that the Accommodation Provider is required to pay to third parties.
13.5 Animals are not permitted in lounges, common rooms, restaurants or wellness areas.

§ 14 Extension of the accommodation
14.1 The Contracting Party has no entitlement to an extension of their stay. If the Contracting Party gives timely notice of their wish to extend the stay, the Accommodation Provider may agree to extend the Accommodation Agreement. The Accommodation Provider is under no obligation to do so.
14.2 If the Contracting Party is unable to leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Accommodation Agreement shall automatically be extended for the duration of the inability to depart. A reduction in the accommodation fee for this period shall only be possible if the Contracting Party is unable to make full use of the services offered by the accommodation establishment due to the extraordinary weather conditions. The Accommodation Provider shall be entitled to charge at least the amount normally charged during the low season.

§ 15 Termination of the Accommodation Agreement – Early termination
15.1 If the Accommodation Agreement has been concluded for a fixed period, it shall end upon expiry of that period.
15.2 If the Contracting Party departs prematurely, the Accommodation Provider shall be entitled to demand the full agreed remuneration. The Accommodation Provider shall deduct any expenses saved as a result of the Contracting Party not using the services offered or any income received from otherwise letting the booked premises. Savings shall only be deemed to exist if the accommodation establishment is fully occupied at the time the premises booked by the Guest are not used and the premises can be let to other guests as a result of the Contracting Party's cancellation. The Contracting Party shall bear the burden of proving such savings.
15.3 The Agreement with the Accommodation Provider shall end upon the death of a Guest.
15.4 If the Accommodation Agreement has been concluded for an indefinite period, the Contracting Parties may terminate the Agreement by 10:00 a.m. on the third day before the intended end of the Agreement.
15.5 The Accommodation Provider shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Contracting Party or Guest
a) makes significantly improper use of the premises or, through inconsiderate, offensive or otherwise grossly improper conduct, makes it unreasonable for the other guests, the owner, the owner's employees or third parties residing at the accommodation establishment to continue living together, or commits against such persons an offence punishable by law against property, morality or physical safety;
b) contracts an infectious disease or an illness extending beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay invoices when due within a reasonably specified period (3 days).
15.6 If performance of the Agreement becomes impossible due to an event qualifying as force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the Accommodation Provider may terminate the Accommodation Agreement at any time without observing a notice period, provided that the Agreement has not already been terminated by operation of law or the Accommodation Provider has not been released from its obligation to provide accommodation. Any claims for damages, etc. by the Contracting Party shall be excluded.

§ 16 Illness or death of the Guest
16.1 If a Guest becomes ill during their stay at the accommodation establishment, the Accommodation Provider shall, at the Guest's request, arrange for medical assistance. In the event of imminent danger, the Accommodation Provider shall arrange for medical assistance even without a specific request from the Guest, particularly where this is necessary and the Guest is unable to do so themselves.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Accommodation Provider shall arrange for medical treatment at the Guest's expense. However, these duties of care shall cease as soon as the Guest is able to make decisions or the Guest's relatives have been informed of the illness.
16.3 The Accommodation Provider shall be entitled to reimbursement from the Contracting Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical expenses, costs of medical transport, medication and medical aids;
b) necessary disinfection of rooms;
c) linen, bed linen and bedding that has become unusable, or alternatively the costs of disinfecting or thoroughly cleaning all such items;
d) restoration of walls, furnishings, carpets, etc., insofar as they have been soiled or damaged in connection with the illness or death;
e) room charges insofar as the premises were occupied by the Guest, including any days during which the rooms cannot be used due to disinfection, clearance or similar measures;
f) any other damage incurred by the Accommodation Provider.

§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance shall be the location of the accommodation establishment.
17.2 This Agreement shall be governed by Austrian substantive and procedural law, excluding the rules of private international law (in particular the Austrian Private International Law Act IPRG and the Rome Convention EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In transactions between businesses, the exclusive place of jurisdiction shall be the registered office of the Accommodation Provider, whereby the Accommodation Provider shall also be entitled to assert its rights before any other court having local and subject-matter jurisdiction.
17.4 If the Accommodation Agreement has been concluded with a Contracting Party who is a consumer and whose domicile or habitual residence is in Austria, legal action against the consumer may only be brought before the court having jurisdiction over the consumer's domicile, habitual residence or place of employment.
17.5 If the Accommodation Agreement has been concluded with a Contracting Party who is a consumer and whose domicile is in a Member State of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction over the consumer's domicile shall have exclusive jurisdiction for legal action against the consumer.

§ 18 Miscellaneous
18.1 Unless otherwise specifically provided above, a time limit shall begin upon service of the document establishing the time limit on the Contracting Party required to comply with it. When calculating a period specified in days, the day on which the relevant time or event occurs from which the period is to begin shall not be counted. Periods specified in weeks or months shall refer to the day of the week or month corresponding by name or number to the day from which the period is calculated. If there is no corresponding day in the relevant month, the last day of that month shall apply.
18.2 Declarations must be received by the respective other Contracting Party on the final day of the relevant period (midnight).
18.3 The Accommodation Provider shall be entitled to offset its own claims against claims of the Contracting Party. The Contracting Party shall not be entitled to offset its own claims against claims of the Accommodation Provider unless the Accommodation Provider is insolvent or the Contracting Party's claim has been legally established by a court or acknowledged by the Accommodation Provider.
18.4 In the event of any matters not covered by these provisions, the applicable statutory provisions shall apply.

§ 19 Kaiserblick Bonus Programme
19.1 Valid for all stays from 01.07.2024. Only one individual membership may be registered per person. In order to receive Kaiser Kronen for an eligible overnight stay, the member must provide their membership number (and, where applicable, proof of identity) when booking or when checking in or out. Kaiser Kronen shall only be credited once per booking. Kaiser Kronen cannot be paid out in cash or transferred.
19.2 1 Kaiser Krone is equivalent to € 1.