GTC

These General Terms and Conditions of Business (hereinafter referred to as “GTCB”) replace the previous version of the ÖHVB dated September 23, 1981.
The AGBH do not exclude special agreements.
The AGBH are subsidiary to individual agreements.

• Accommodation provider: is DAS.GOLDBERG GMBH, which accommodates guests for a fee.
• Guest: Is a natural person who makes use of accommodation.
  The guest is usually also the contracting party.
  Persons traveling with the contracting party (e.g. family members, friends, etc.) are also considered guests.
• Contractual partner: 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.
• Accommodation contract: is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

The Accommodation Agreement shall come into effect upon acceptance of the Party’s order by the Proprietor.
Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the published business hours of the accommodation provider.
The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the condition that the Party makes a down payment.
In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party.
An accommodation contract shall only be concluded upon written confirmation of the booking by the accommodation provider.
The Party shall be obliged to pay the deposit no later than 7 days (receipt) after the booking has been made.
The costs for the money transaction (e.g. transfer charges) shall be borne by the Party.
For credit and debit cards, the respective conditions of the card companies apply.
The deposit is a partial payment of the agreed fee.

Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to move into the rented rooms from 3.00 p.m. on the agreed day (“Arrival Day”).
The rented rooms shall be vacated by the Party by 11.00 a.m. on the day of departure.
The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated in due time.

Withdrawal by the accommodation provider

If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
If the guest does not arrive by 10 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival (except in the case of unforeseeable events such as pandemics or hotel closures) of the contracting party, unless otherwise agreed

Withdrawal by the contractual partner – cancellation fee

The right of withdrawal according to § 11 FAGG expressly does not apply, excerpt § 18 FAGG point 10:

The consumer has no right of withdrawal in the case of distance or off-premises contracts for services in the areas of accommodation other than for residential purposes, transportation of goods, rental of motor vehicles and delivery of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by the trader,

The accommodation contract can be canceled without payment of a cancellation fee by unilateral written declaration by the contractual partner within the specified free cancellation period. Cancellation conditions are stated in the respective booking confirmations and may differ from the conditions published on www.dasgoldberg.at due to special agreements.

Outside the free cancellation period (see booking confirmation or at www.dasgoldberg.at), a withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the stated cancellation fee. The conditions according to the booking confirmation apply.

Cancellations or changes to bookings must be made in writing. Either by e-mail to info@dasgoldberg.at or by post and are only valid after our written confirmation.

Obstacles to arrival

If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.

The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.

The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.
An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

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

The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest. The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services from the Proprietor with the knowledge or will of the Party.

If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory right of lien pursuant to Section 1101 ABGB to the items brought in by the Party or the Guest.
The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
Services of the accommodation provider that are subject to special charges (e.g. room service, services after 9 p.m. and before 7 a.m.) can be found in the hotel information provided.
The Proprietor shall have the right to invoice or interim invoice its services at any time.

The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.
Examples of special services of the accommodation provider that are not included in the accommodation fee and are subject to mandatory labeling are: provision of seminar rooms, exclusive use of the sauna area, hydromassages, garaging, provision of additional beds or cribs, etc. must be indicated.

The Proprietor shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party.
The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor.
If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons.
Pursuant to § 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount stipulated in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended.
If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a special storage location, the accommodation provider shall be released from any liability.
The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor.
Any fault of the contractual partner or guest shall be taken into account.
The Proprietor shall not be liable for slight negligence.
If the Party is an Entrepreneur, liability for gross negligence shall also be excluded.
In this case, the contractual partner shall bear the burden of proof for the existence of fault.
Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.
The Proprietor shall only be liable for the storage of valuables, money and securities in the room safe up to a total amount of € 550.
The Proprietor shall only be liable for any damage in excess of this amount in the event that it has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by itself or one of its employees.
The limitation of liability pursuant to Section 12 Limitation of Liability shall apply mutatis mutandis.
The Proprietor may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually stored by guests of the accommodation establishment concerned.
In any case of accepted safekeeping, liability shall be excluded if the Party and/or Guest does not notify the Proprietor immediately of the damage that has occurred.
Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware or possibly becoming aware of them; otherwise the right shall lapse.
Disclaimer of liability for bicycle rental, scooter rental, car rental.
By accepting the rental, the guest confirms the apparent functionality of the rental item.

If the Party is a Consumer, the Proprietor’s liability for slight negligence, with the exception of personal injury, shall be excluded.
If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded.
In this case, the contractual partner shall bear the burden of proof for the existence of fault.
Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated.
The damage to be compensated shall in any case be limited to the amount of the legitimate interest.

Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider in room categories specified by the accommodation provider (Studio S Superior ground floor, Studio L, Tower Suite XL and SPA.Suite L) and, if necessary, for a special fee.
The Party bringing an animal with them shall be obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by a suitable third party at their own expense.
The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or personal liability insurance that also covers any damage caused by animals.
Proof of such insurance must be provided at the request of the accommodation provider.
The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along.
In particular, the damage shall also include any compensation payable by the Proprietor to third parties.
Animals are not permitted in the restaurant rooms and wellness areas, including the associated gardens.
Pets are allowed in the bar and lobby area.
On request, dinner may be taken in the bar area in the company of animals.

The Party shall not be entitled to an extension of their stay.
If the Party notifies the Proprietor of its wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement.
The Proprietor shall be under no obligation to do so.
If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure.
A reduction of the remuneration for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions.
The accommodation provider shall be entitled to demand at least the remuneration corresponding to the price usually charged.

If the accommodation contract was concluded for a fixed term, it shall end upon expiry. If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The accommodation provider shall deduct what he has saved as a result of the non-utilization of his services or what he has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms booked by the guest are not used and the room can be rented to other guests due to the cancellation by the contracting party. The contractual partner bears the burden of proof of the savings.

The death of a guest terminates the contract with the accommodation provider.

If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.

The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest

• makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law
• is afflicted by a contagious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care
• fails to pay the invoices submitted when due within a reasonably set period (3 days).

If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.

If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest’s request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, in particular if this is necessary and the guest is unable to do so themselves.

As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness.

The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:

• Outstanding medical costs, costs for patient transportation, medication and medical aids
• room disinfection has become necessary,
• linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
• Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
• Room rent, insofar as the room has been used by the guest, plus any days on which the rooms cannot be used due to disinfection, evacuation or similar,
• any other damage incurred by the accommodation provider.

The place of performance is the place where the accommodation establishment is located.

This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for bilateral business transactions 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 with local and subject-matter jurisdiction. The place of jurisdiction is the district court of St. Johann/Pongau

If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.

If the accommodation contract was concluded with a contractual partner who is a consumer and who is resident 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.

Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who must observe the time limit.
When calculating a time limit which is determined by days, the day in which the time or event on which the start of the time limit is to be based falls shall not be included.
Time limits determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the time limit is to be counted.
If this day is missing in the month, the last day of this month shall be decisive.
Declarations must be received by the other Party on the last day of the deadline (midnight).
The Proprietor shall be entitled to offset its own claims against claims of the Party.
The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or recognized by the Proprietor.
In the event of loopholes, the relevant statutory provisions shall apply.