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Terms and Conditions


Terms and conditions for booking accomodationy
Hotel Restaurant Bergwirt
Edition dated 01.12.2008

1. Applicability

These terms and conditions for booking accommodation shall apply to all guests of the Hotel Restaurant Bergwirt, A-1130, Vienna, Maxingstraße 76. These conditions shall likewise apply to all travel agents that make bookings for their clients.

2. Definition of "Hotel Restaurant Bergwirt"

Frau Elisabeth Grauer runs the Hotel Restaurant Bergwirt as a sole trader in A-1130 Vienna, Maxingstraße 76. Where the term "Hotel Restaurant Bergwirt" is used hereafter in these Terms and Conditions it refers to Elisabeth Grauer’s company.

3. Realisation of an Accommodation Contract

3.1 The booking shall be guaranteed by the acceptance of a reservation made by a guest or tour operator by the Hotel Restaurant Bergwirt. Electronic statements shall be deemed as having reached the hotel if the hotel can access these by the usual means and said statements arrive during the publicised office hours as publicised office hours.

3.2 The Hotel Restaurant Bergwirt shall be entitled to make it a condition of booking that customers provide a copy of a credit card under their name for the purposes of authorisation. In such a case the hotel shall be obliged to inform the customers of the requirement of the copy of the credit card for the purpose of said authorisation prior to acceptance of written or verbal booking by the customer. Should the customer agree to this (either in writing or verbally), the accommodation booking shall take effect upon receipt of the copy of his/her credit card by the hotel. The same shall apply for bookings made by tour operators for their clients.

4. Commencement and End of Residency

4.1 Unless the hotel offers any other time for entry, residents shall be entitled to enter the room(s) they have booked from 14:00 hours onwards on the agreed day ("day of arrival").

4.2 By hiring a room residents shall be entitled to make the common use of the rooms, all the hotel's facilities normally available for use by residents at the normal conditions of use.

The Hotel Restaurant Bergwirt shall be obliged to provide services of a standard expected in a three star hotel.

4.3 Residents must vacate the room(s) rented by 12:00 hours on the day of departure. The hotel shall be entitled to bill for an additional day if the room(s) rented are not vacated timeously.

5. Withdrawal from the Accommodation Booking – Cancellation Fees

5.1 If clients wish to withdraw unilaterally from the accommodation booking without incurring a cancellation fee then notice must be given at least 24 hours prior to the agreed day of arrival, unless more than five rooms or 10 beds respectively were booked, in which case unilateral cancellation of the booking must be made at least 14 days prior to the agreed day of arrival.

5.2 Difficulty in Reaching the Hotel

Should customers not be able to reach the hotel on the day of arrival, because unforeseen and extraordinary circumstances (e.g. extreme snowfall, flooding etc.) prevent access, they shall not be obliged to pay the agreed fee for the day of arrival. .

The obligation to pay for the accommodation booked shall resume if travel connections to the hotel reopen within three days.

6. Provision of Alternative Accommodation

6.1 The Hotel Restaurant Bergwirt may provide residents with reasonable suitable alternative accommodation in Vienna, in particular if there is very little difference in the accommodation and there is justification for this.

6.2 Justification might exist for example, if the room/rooms is/are unusable, residents already using the room lengthen their stay or other important business measures make this step necessary.

6.3 The Hotel Restaurant Bergwirt shall absorb any additional costs associated with said alternative accommodation.

7. Payment Obligations of Residents

7.1 Residents shall be obliged to pay the agreed fees including any additional costs incurred for special services availed of by them and/or their guests, as well as the statutory turnover tax.

7.2 The Hotel Restaurant Bergwirt shall not be obliged to accept foreign currency. Should the Hotel Restaurant Bergwirt accept such currency, then this will be accepted as payment at the rate on the day in question. Where the Hotel Restaurant Bergwirt accepts foreign currency or non-cash payment methods, residents shall assume all the associated costs.

7.3 Where a resident refuses to pay the stipulated fees or is in arrears of payment, the Hotel Restaurant Bergwirt shall reserve the statutory right of retention under Section 970c of the Austrian Civil Code as well as the statutory lien against the personal possessions brought into the hotel by the resident under Section 1101 of the Austrian Civil Code. Furthermore, the Hotel Restaurant Bergwirt shall reserve this right of retention or statutory lien to secure its claims arising from the accommodation booking, in particular with regard to the provision of meals, other expenses incurred for the party booking the accommodation, and for any other claims for compensation.

8. Liability of the Hotel Restaurant Bergwirt for Damages to Possessions

8.1 The Hotel Restaurant Bergwirt shall assume liability for possessions brought into the hotel under Section 970 et seq. of the Austrian Civil Code. The hotel's liability shall only apply if the possessions are handed over to the hotel manager or to personnel authorised by the manager or are taken to a place as instructed by the manager and intended for these purposes (hotel or room safe). Unless the Hotel Restaurant Bergwirt can prove otherwise, it shall be liable for its own negligence, the negligence of its personnel as well as the faults of persons entering and leaving the premises. Under Section 970 Paragraph 1 of the Austrian Civil Code the Hotel Restaurant Bergwirt shall be liable to a maximum of the amounts set out in the current version of these Terms and Conditions as outlined in the federal act of 16th November 1921 concerning liability of landlords and other traders. Should the resident not comply immediately with the hotel’s requirements to place his/her possessions in a particular place of safekeeping, then the Hotel Restaurant Bergwirt shall be exempted from all liability. The amount payable in liability by the Hotel Restaurant Bergwirt shall be limited to the sum paid by the hotel's third party liability insurance. Resident liability shall be taken into account.

8.2 Liability shall be excluded in the case of slight negligence on the part of the Hotel Restaurant Bergwirt. Where the resident is a contractor, liability for gross negligence shall also be excluded. In such a case, the burden of proof shall lie with the resident. Consequential damages, indirect damages or lost earnings shall not be compensated for under any circumstances.

8.3 The maximum liability assumed by the Hotel Restaurant Bergwirt for valuables, money and securities shall currently not exceed €1000. Over and above this the Hotel Restaurant Bergwirt shall be liable for damages only in cases where it has taken these items into storage in the full knowledge of their value or in cases where the damage was caused by the hotel or hotel staff. The limitation of liability under 9.1 and 9.2 shall apply correspondingly.

8.4 The Hotel Restaurant Bergwirt reserves the right to refuse to take valuables, money and securities into safekeeping if these items are of a considerably higher value than those which residents of the hotel normally hand over for safekeeping.

8.5 In all cases of responsibility assumed for safekeeping liabilities shall be excluded if the resident does not inform the Hotel Restaurant Bergwirt immediately of any damages that have occurred.

9. Limitation of Liability

9.1 Where the resident is a consumer under the meaning of the Consumer Protection Act, liability of residents for slight negligence shall be excluded with the exception of personal damages.

9.2 Where the party booking the accommodation is a contractor, then the hotel shall not be liable for either slight or gross negligence. In such cases the burden of proof shall lie with the party booking the accommodation. Consequential damages, immaterial or indirect damages or lost earnings shall not be compensated for under any circumstances. The damage to be reimbursed shall in any case be limited to the amount of damage incurred because the Party has relied on the validity of the agreement.

9.3 The Hotel Restaurant Bergwirt shall not be liable for any loss or damages to vehicles belonging to residents. Exceptions to this shall be cases where such losses or damages can be attributed to gross negligence or premeditated action on the part of the hotel.

10. Protection of Children and Young People

10.1 Children under 14 years of age must be supervised by an adult at all times.

10.2 The use of the restaurant in the Hotel Restaurant Bergwirt by residents under the age of 14 shall be permissible only between 05:00 and 22:00 hours and thereafter until 01:00 hours by residents between the ages of 14 and 16. Outwith these times young people under the age of 16 years may only use the restaurant when accompanied by an adult.

Under Section 11 of the Viennese Protection of Young People Act neither alcohol will be served nor tobacco sold to residents under the age of 16 years. The Hotel Restaurant Bergwirt shall retain the right to require production of an official proof of identity complete with a colour picture in order to confirm the resident’s age and where necessary to refuse entry to the restaurant, or the sale of alcohol or tobacco products on the grounds of on the grounds of being under the respective legal age limit.

11. Keeping Domestic Pets

11.1 Domestic pets may be kept in residents’ rooms only on condition that they are kept under constant control, clean and free from any illnesses and do not represent any danger to persons or property. In all cases the prior agreement of the Hotel Restaurant Bergwirt must be obtained.

11.2 Any resident who brings a domestic pet with him/her shall be obliged to keep the animal in an orderly fashion and under supervision during his/her stay.

11.3 Residents and/or their insurers shall be jointly and severally liable to the hotel for all damages caused by their pets. In particular, damage shall include all compensation that the hotel must pay to third parties.

12. Ending of a Residence – Early Departure

12.1 Where the accommodation booking was made for a specific period of time then this shall end when the booking ends.

12.2 Where the resident departs early then the Hotel Restaurant Bergwirt shall be entitled to demand payment of the full amount agreed.

12.3 The Hotel Restaurant Bergwirt shall be entitled to cancel the booking with immediate effect should there prove to be an important reason for doing so, in particular if the resident

a) uses the rooms in a manner that would considerably disadvantage the hotel or through inconsiderate, offensive or otherwise grossly indecent behaviour disturb the peace of the other residents, the owner, the owner’s staff or third parties staying at the hotel, or commits an offence against the property, morals or physical security of the above named persons;
b) falls ill with an infectious illness or illness that goes over and beyond the duration of stay or otherwise becomes in need of care;
c) allows persons to stay in the room allocated to him/her (in particular overnight) with whom the hotel for whatever reason has not yet concluded a booking, without agreement of the hotel.

12.4 If fulfilment of the contract proves to be impossible due to the act of a higher power (e.g. natural events, strikes, lockouts, civil regulations, etc.) then the Hotel Restaurant Bergwirt may cancel the booking at any time without notice as long as the contract is not already considered null and void under the law or the hotel is freed from its obligation to provide accommodation. All possible claims to compensation for damages etc on the part of the resident shall be excluded.

13. Court of Jurisdiction and Choice of Law

13.1 The place of fulfilment shall be the location of the hotel, in other words A-1130 Vienna.

13.2 This contract shall be subject to Austria formal and material law to the exclusion of the rules for international private law (in particular the conflict of laws and the European Convention on the Law Applicable to Contractual Obligations) as well as the UN Convention on Contracts for the International Sale of Goods.

13.3 The exclusive court of jurisdiction shall be the relevant court in Vienna.

14. Miscellaneous

14.1 Statements must have reached the respective other party by the last day of notice (24 hours).

14.2 The Hotel Restaurant Bergwirt shall be entitled to settle claims made by the resident with claims of its own. The resident shall not be entitled to settle claims made by the hotel with his/her own claims, unless these claims made by the contracting party are established by a court or expressly recognised by the Hotel Restaurant Bergwirt.