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Almhotel Kärnten
Nassfeld Lift GmbH & Co KG
Kameritsch 3
A-9620 Hermagor
Tel: +43 / (0) 4285 8192
Fax: +43 / (0) 4285 8192 – 51

UID: ATU26718601
FN: FN18879p

Geschäftsführung: Mag. Klaus Herzog

E-Mail: info@almhotel-kaernten.at

Image sources:
NLW Tourismus Marketing GmbH, Daniel Zubanc, Helge Bauer, Franz Lackner, Fatum Kurtaj, Werner Wölbitsch, Shutterstock

Despite careful checks, errors excepted.

 

Legal notice

Here our General Terms & Conditions:

ACCOMMODATION PROVIDER

Section 1 General

The (general) Austrian Hotel Contract Conditions state the contractual content according to which Austrian accommodation providers generally conclude accommodation contracts with their guests.

The Austrian Hotel Contract Conditions do not exclude special agreements.

 
(2) The persons using the accommodation are guests in accordance with the contract conditions. 
 
(2) It can be agreed that the guest provides an advance payment.
(3) The accommodation provider can also request the advance payment of the entire agreed payment amount. 
 
(2) In case of no-show of the guest by 6.00 pm on the agreed arrival day, the accommodation provider has the right to withdraw from the contract unless a later arrival time has been agreed.  
(3) However, if the guest has made an advance payment, the room or rooms remain reserved until 12.00 pm the following day at the latest.
(4) If a room is occupied before 6.00 am in the morning, the previous night counts as the first overnight stay. 
(5) The guest must vacate the hired rooms by 10.00 am on the day of departure. 
 
(2) The accommodation contract can be cancelled by both contract partners by unilateral statement up to at least one month before the agreed arrival date of the guest. However, a cancellation fee of 30% of the value of the booked room rate applies. 
(3) In the case of no-show of the guest by 6.00 pm on the agreed arrival day, the accommodation provider has the right to withdraw from the contract unless a later arrival time has been agreed.  
(4) However, if the guest has made an advance payment, the room or rooms remain reserved until 12.00 pm the following day at the latest.
(5) Even if the guest does not make use of the ordered rooms/guest house services, he is under the obligation to pay the accommodation provider the agreed payment amount. However, the accommodation provider must deduct what he saves as a result of the non-utilisation of his service or what he has obtained by letting the booked room/s to other guests. Experience has shown that, in the majority of cases, the savings an accommodation provider makes as a result from the non-utilisation of the services amount to 20 percent of the room rate and 30 percent of the costs of board.
(6) The accommodation provider shall endeavour to let the unutilised room/s to other guests accordingly. (Section 1107 of the Austrian Civil Code (ABGB)).
The cancellation terms specified in Section 1, 2, and 5 are non-binding association recommendations within the meaning of Sections 31et seqq. Austrian Cartel Law, advised in 26 Kt 79/03 by the Vienna Higher Regional Court, acting as the Cartel Court.
 
(2) An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay or this becomes necessary due to other important operational activities.
(3) Any possible extra costs for the substitute accommodation shall be borne by the accommodation provider.  
 
(2) The guest has the right to occupy the hired rooms from 2.00 pm on the agreed date.  
(3) If full-board or half-board has been agreed, the guest has the right to request an appropriate substitute (packed lunch) or a coupon for meals which he does not take, provided that he has indicated this in good time, meaning 6.00 pm the previous day. 
(4) Otherwise, the guest has no right to claim a substitute if he does not take the agreed meals within the usual scheduled times and in the facilities specified for this purpose even though the accommodation provider is willing to provide the service.
Any costs arising from the acceptance of these securities, for example for telegrams, enquiries, etc., shall be borne by the guest. 
(2) If food and drink is available at the accommodation establishment, but is taken there and consumed in public areas by guests, the accommodation provider shall be entitled to charge an appropriate compensation (so-called "corkage charge" for drinks). 
(3) Guests must obtain the consent of the accommodation provider prior to using their own electrical devices, which do not form part of the normal travel necessities.
(4) In case of damages caused by the guest, the provisions of the Austrian tort law shall apply. The guest shall be liable for all damage and disadvantage suffered by the accommodation provider or third parties and caused by the guest or accompanying or other persons for whom the guest is responsible even if the injured party is entitled to claim compensation directly from the accommodation provider. 
 
(2) To secure the agreed payment, the accommodation provider has the right of lien on the objects brought to the accommodation by the guest. (Section 1101 ABGB, accommodation provider’s right of lien).
(3) If service is requested either in the guest's room or at unusual times, the accommodation provider shall be entitled to charge a special supplement for this service. This special supplement must be specified in the room rate list. The accommodation provider may also refuse these services for operational reasons.
 
(2) Prices for chargeable special services not included in the accommodation rate must be displayed. Such services are:
a) Special services provided by the accommodation which are billed separately such as the provision of salons, saunas and indoor pool, (outdoor) swimming pool, solarium, floor bathroom, garage etc.
b) A reduced rate applies to the provision of additional beds and/or cots.
(3) The displayed prices must include VAT.
 
(2) Liability for objects brought on the premises. In addition to this, the accommodation provider, as custodian of the objects brought by the accommodated guests, shall be liable up to a maximum amount of EUR 1,100.00, unless he can prove that the damage was caused neither by him or one of his employees nor by external persons entering and leaving the building. 
In such circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of EUR 550.00, unless he had taken these objects for safekeeping in the knowledge of their condition, or unless the damage was caused by himself or one of his employees. In this case, he shall be liable without limitation. A publicly displayed exclusion of liability has no legal effect. 
Safekeeping of valuables, money and securities may be refused if the objects left by the guest for safekeeping substantially exceed the value of objects usually left by guests for safekeeping. Agreements reducing the liability below the extent in the paragraphs above are legally ineffective. Objects shall be deemed left for safekeeping upon acceptance by an employee of the accommodation establishment or if they are taken to a place designated for this purpose. (In particular Sections 970 et seqq. ABGB.)
 
(2) The guest shall be liable for damages caused by any pet brought onto the premises. The relevant statutory provisions for pet owners shall apply (Section 1320 ABGB).
 
 
In addition, the provision in Section 5 (5) (deduction percentages) applies mutatis mutandis.
(2) The contract with the accommodation provider ends with the death of the guest.
(3) If the accommodation contract was agreed for a non-specific period, the contract partners may terminate the contract at any time, provided that they adhere to a notification period of three days. The cancellation must reach the contract partner by 10.00 am, otherwise not this day but the next shall be considered as the first day of the notification period.
(4) If the guest does not vacate the room by 12.00 pm, the accommodation provider shall be entitled to charge the rate for the room for a further day. 
(5) The accommodation provider shall be entitled to terminate the accommodation contract with immediate effect if the guest: 
a) uses the rooms in a considerably disadvantageous way or spoils the stay of other guests by his ruthless, indecent or even impertinent behaviour, or commits punishable action against property, morality or physical security against the accommodation provider or his staff or a guest staying at the accommodation establishment;
(6) The contract shall be terminated if the fulfilment of the contract becomes impossible due to an event assessed as force majeure. However, the accommodation provider shall be obliged to return the payments received already, thus he does not make any profit from the event. (Section 1447 ABGB.)
 
Th accommodation provider shall be entitled to the following cost compensation from the guest or, in case of the guest’s death, from his legal successor:
a) Compensation for all medical expenses not settled by the guest.
e) Compensation for the loss of income from the room if the use of the room is temporarily not possible due to the illness or the fatality. (Minimum three days, maximum seven days).
 
 
Please note: Existing illnesses (but see Article 13 European Travel Insurance Conditions ERV-RVB 2016, Hotel Industry 2007) are only insured if they unexpectedly become medically acute. 
Premium: € 25.00 per person (booking value from € 500.00 per room)
 
(2) The place of jurisdiction for any disputes arising from the accommodation contract shall be the accommodation establishment’s local competent court, unless:
a) the guest has, as a consumer, a domestic place of employment or residence. In this case, the place of jurisdiction shall be the place specified by the guest in the registration
b) the guest, as a consumer, only has a domestic place of employment. In this case, the place of jurisdiction shall be the place of employment.
Please note that you can only use the following means of payment to settle your hotel bill: 

 

 

Section 2 Contract Partners

(1) In cases of doubt, the contract partner of the accommodation provider is the ordering party, even if he placed, or jointly placed, the order for other specifically named persons.  

Section 3 Conclusion of Contract, Advance Payment 

(1) The accommodation contract is generally formed through the acceptance of the guest’s written or verbal order by the accommodation provider. 

Section 4 Start and End of the Accommodation

(1) The guest has the right to occupy the hired rooms from 3.00 pm on the agreed day.

Section 5 Withdrawal from the Accommodation Contract 

(1) Both parties can cancel the accommodation contract without the payment of a cancellation fee by unilateral statement up to at least three months before the agreed arrival date of the guest.

A cancellation fee of 80% of the total value of the booking applies to cancellations from 1 month up to 1 week prior to the day of arrival. A cancellation fee of 90% of the total value of the booking applies to cancellations up to 1 week prior to the day of arrival. The full amount of the total value of the booking shall be applied as cancellation fee in case of cancellation or no-show on the day of arrival.

Section 6 Provision of Substitute Accommodation 

(1) The accommodation provider may make appropriate substitute accommodation available to the guestto the extent reasonable for the guest, especially if the difference is negligible and objectively justified.

Section 7 Rights of the Guest 

(1) By concluding an accommodation contract, the guest has the right to the normal use of the hired rooms, the accommodation establishment’s facilities, which are normally and without any special conditions available for usage by guests, and the usual services. 

 

Section 8 Obligations of the Guest

(1) Upon expiry of the accommodation contract, the guest shall pay the agreed amount. The accommodation provider shall accept foreign currencies as payment according to the daily exchange rate. The accommodation provider is not obliged to accept means of cashless payment such as cheques, credit cards, coupons, vouchers etc.

Section 9 Rights of the Accommodation Provider 

(1) If the guest refuses to pay the specified amount or if the guest is in arrears, the owner of the accommodation shall be entitled to retain the belongings brought by the guest as a security for the debt arising from the accommodation, food and expenses on behalf of the guest (Section 970 c ABGB, statutory right of retention)

Section 10 Obligations of the Accommodation Provider 

(1) The accommodation provider shall provide the agreed services to an appropriate standard extent.

Section 11 Accommodation Provider’s Liability for Damages

(1) The accommodation provider shall be liable for damages suffered on the part of the guest if the damages have taken place within the accommodation and the accommodation or one of its employees is at fault.

Section 12 Pets

(1) Pets are only permitted upon prior consent and a surcharge shall apply. Pets are not permitted in the pool and wellness landscape as well as the restaurants. In addition, please note that dogs must be kept on a leash throughout the hotel!

Section 13 Extension of the Accommodation Contract

An extension of the guest's stay requires the consent of the accommodation provider. 

Section 14 Expiry of the Accommodation Contract

(1) If the accommodation contract was agreed for a specific period, it ends when this term has expired. If the guest departs early, then the accommodation provider shall be entitled to demand payment of the full amount. The accommodation provider shall endeavour to let the unutilised room/s to other guests accordingly. 

b) falls ill with an infectious or the duration of the stay exceeding disease or is in need of care;

c) does not settle the bill presented to him within a reasonably fixed period when requested;

Section 15 Illness or Death of a Guest in the Accommodation

(1) If a guest becomes ill during his stay in the accommodation establishment, the accommodation provider must arrange for medical care if necessary and the guest is not in a position to do so himself.

b) Compensation for any necessary disinfection of the room if this is ordered by the public health officer.

c) If need be, any compensation for any linen, bed linen and bed fixtures and fittings that have become unusable, in return for the handover of these objects to the legal successor; otherwise, for disinfection or thorough cleaning of all these objects.

d) Compensation for any restoration of walls, fixtures and fittings, carpets, etc. if these were contaminated or damaged in the course of the illness or fatality.

Section 16 Travel Interruption and Cancellation Insurance

Unexpected serious illness of the insured guest. A pregnancy diagnosed after booking shall also be acknowledged as reason for incapacity to travel;

Serious accident or death of the insured guest;

Death, serious accident or unexpected serious illness of a family relative (spouse or life partner, parents, grandparents, stepparents, parents-in-law, siblings, children, stepchildren, son-/daughter-in-law, grandchildren);

Significant damage to the property of the insured guest at the place of residence due to an elementary event (e.g. fire) or criminal offence committed by a third party which requires the presence of the guest;

Involuntary unemployment due to termination of the insured guest’s employment by the employer;

Conscription to basic military or community service of the insured guest, provided the competent authority does not accept the booking as reason for postponement of the summons;

Filing for divorce immediately prior to joint travel of the spouses concerned;

Receipt of an unexpected court summons, provided the competent court does not accept the booking as reason for postponement of the summons.

* Insurance claims made for medical reasons must be attested in writing by the attending doctor.

Premium: € 15.00 per person (booking value below € 500.00 per room)

Section 17 Place of Fulfilment and Place of Jurisdiction

(1) The place of fulfilment is the location where the accommodation is situated.

Cash

Advance payment by bank transfer

Bankomat or EC card