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Terms and Conditions |
1. Scope of Application
1.1. These General Terms and Conditions ("GTC") govern the mutual rights and obligations between guests and the Hotel Restaurant Bergwirt Schönbrunn. The GTC also apply to all travel organizers making bookings for their customers (see the definitions in section 2).
1.2. The GTC do not exclude special agreements and are subsidiary to individually made agreements. Provisions of the GTC not affected by special agreements remain fully valid.
2. Definitions
| Hotel Restaurant Bergwirt Schönbrunn |
Refers to the Hotel Restaurant Bergwirt Schönbrunn, located at Maxingstraße 76, 1130 Vienna. Mrs. Elisabeth Grauer-Stopfer operates the Hotel Restaurant Bergwirt Schönbrunn as a sole proprietor. |
| Guest | Refers to a natural person who makes use of accommodation services. The guest is usually the contracting party. Family members, friends, etc., who accompany the contracting party are also considered guests. |
| Contracting Party | Refers to a natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest, e.g., as a travel organizer. |
| Consumer & Entrepreneur | These terms are to be understood in the sense of the Consumer Protection Act 1979 (Konsumentenschutzgesetz 1979). |
| Accommodation Contract | Refers to the contract concluded between the Hotel Restaurant Bergwirt Schönbrunn and the contracting party, the content of which will be regulated in detail below. |
3. Conclusion of Contract
3.1. The accommodation contract is concluded when the Hotel Restaurant Bergwirt Schönbrunn accepts the order from the contracting party. Electronic declarations are considered received when the Hotel Restaurant Bergwirt Schönbrunn can access them under normal circumstances and within the business hours announced by the Hotel Restaurant Bergwirt Schönbrunn.
3.2. The Hotel Restaurant Bergwirt Schönbrunn is entitled to conclude the accommodation contract under the condition that the contracting party:
- provides a copy of a credit card in his name for authorization and/or
- makes a deposit. In this case, the Hotel Restaurant Bergwirt Schönbrunn is obliged to inform the contracting party before accepting the written or verbal order about:
- the requested submission of a copy of his credit card for authorization, and/or
- the requested deposit payment.
If the contracting party agrees to this (in writing or verbally), the accommodation contract is concluded upon receipt:
- of the copy of his credit card, and/or
- of the declaration of consent to pay the deposit to the Hotel Restaurant Bergwirt Schönbrunn.
3.3. The contracting party is obligated to pay the deposit at the latest thirty (30) days before the accommodation. The costs of the money transaction (e.g., bank transfer fees) are borne by the contracting party. The respective conditions of the credit and debit card companies apply.
3.4. The deposit is a partial payment of the agreed fee.
3.5. All services stated in the reservation confirmation or advertisements of the Hotel Restaurant Bergwirt Schönbrunn are considered contractually agreed.
3.6. Unused services cannot lead to any reimbursement or reduction of the agreed fee.
3.7. In the event of a change in the statutory value-added tax after the conclusion of the contract, the agreed fee changes accordingly.
4. Commencement and Termination of Accommodation
4.1. The guest has the right to occupy the rented rooms as of 2:00 PM on the agreed day of arrival ("arrival day") if the Hotel Restaurant Bergwirt Schönbrunn does not offer any other check-in time.
4.2. If a room is used for the first time before 6:00 AM, the previous night will count as the first night of stay.
4.3. The rented rooms must be vacated by the guest on the day of departure by 11:00 AM. The Hotel Restaurant Bergwirt Schönbrunn is entitled to charge for an additional day if the rented rooms are not vacated on time.
5. Cancellation of the Accommodation Contract - Cancellation Fee
Cancellation by the Hotel Restaurant Bergwirt Schönbrunn:
5.1. If the accommodation contract includes a deposit (see above in section 3.2) and the contracting party fails to make the deposit in a timely manner, the Hotel Restaurant Bergwirt Schönbrunn may withdraw from the accommodation contract without granting an extension.
5.2. If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed upon.
5.3. If the contracting party has made a deposit, the rooms will remain reserved until 12:00 PM on the day following the agreed arrival day. In the case of a prepayment of more than four (4) days, the obligation to provide accommodation ends at 6:00 PM on the fourth (4) day, counting the arrival day as the first (1) day, unless the contracting party communicates a later arrival day.
5.4. Until three (3) months before the agreed arrival day of the contracting party, the Hotel Restaurant Bergwirt Schönbrunn is entitled to terminate the accommodation contract for objectively justified reasons by unilateral declaration, unless otherwise agreed.
Cancellation by the Contracting Party - Cancellation Fees:
5.5. Up to three (3) months before the agreed arrival day of the guest, the accommodation contract can be canceled by the contracting party by unilateral declaration without payment of a cancellation fee.
5.6. Outside the period specified in section 5.5, cancellation of the accommodation contract by the contracting party through unilateral declaration is only possible by paying the following cancellation fees:
- (i) up to one (1) month before the arrival day: 40% of the total agreed compensation;
- (ii) up to one (1) week before the arrival day: 70% of the total agreed compensation;
- (iii) in the last week before the arrival day: 90% of the total agreed compensation.
5.7. Sections 5.5 and 5.6 do not apply to rates explicitly identified as non-cancellable, such as Early Booker or Prepaid Rate.
5.8. Third-party services commissioned on behalf of the contracting party are to be paid by the contracting party to the extent that the Hotel Restaurant Bergwirt Schönbrunn is liable to the third party for these services after cancellation.
Obstruction of Arrival:
5.9. If the contracting party or the guest cannot arrive at the accommodation establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) making all means of arrival impossible, the contracting party is not obliged to pay the agreed compensation for the days of arrival. However, the Hotel Restaurant Bergwirt Schönbrunn must be informed immediately of the obstruction of arrival.
5.10. The obligation to pay the agreed compensation for the booked stay is reinstated as soon as arrival becomes possible again within three (3) days.
6. Provision of Replacement Accommodation
6.1. The Hotel Restaurant Bergwirt Schönbrunn may provide the contracting party or guests with an adequate replacement accommodation in Vienna if it is reasonable for the contracting party or guests, especially if the deviation is minor and justified.
6.2. Justification for this may arise, for example, when the room(s) have become unusable, already accommodated guests extend their stay, overbooking occurs, or other important operational measures require this step.
6.3. Any additional expenses for the replacement accommodation will be borne by the Hotel Restaurant Bergwirt Schönbrunn.
7. Rights of the Contracting Party
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, which are generally accessible to guests without special conditions, and to the usual services. The contracting party must exercise their rights in accordance with any hotel and/or guest policies (house rules).
8. Obligations of the Contracting Party
8.1. The contracting party is obligated to pay the agreed compensation plus any additional amounts that have arisen due to separate services used by them and/or accompanying guests, plus applicable statutory value-added tax, at the latest upon departure.
8.2. The Hotel Restaurant Bergwirt Schönbrunn is not obligated to accept foreign currencies. If the Hotel Restaurant Bergwirt Schönbrunn does accept foreign currencies, they will be accepted at the daily exchange rate to the best of their ability. If the Hotel Restaurant Bergwirt Schönbrunn accepts foreign currencies or cashless payment methods, the contracting party will bear all associated costs.
8.3. The contracting party is liable to the Hotel Restaurant Bergwirt Schönbrunn for any damage caused by them, the guest, or other persons who accept services from the Hotel Restaurant Bergwirt Schönbrunn with the contracting party's knowledge or consent.
9. Rights of the Hotel Restaurant Bergwirt Schönbrunn
9.1. If the contracting party refuses to pay the agreed compensation or is in arrears, the Hotel Restaurant Bergwirt Schönbrunn is entitled to exercise the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) as well as the statutory right of lien pursuant to § 1101 of the ABGB with regard to the items brought in by the contracting party or the guest. This right of retention or lien also serves as security for the Hotel Restaurant Bergwirt Schönbrunn's claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contracting party, and any other replacement claims of any kind.
9.2. If services are requested in the guest's room or at extraordinary times (after 8:00 PM and before 6:00 AM), the Hotel Restaurant Bergwirt Schönbrunn is entitled to charge a special fee to the contracting party. However, this special fee must be indicated on the room rate board. The Hotel Restaurant Bergwirt Schönbrunn may also refuse these services for operational reasons.
9.3. Any use of the rooms provided to the guest that deviates from the agreement entitles the Hotel Restaurant Bergwirt Schönbrunn to terminate the accommodation contract without notice, without this resulting in a reduction of the agreed compensation for the Hotel Restaurant Bergwirt Schönbrunn.
9.4. The Hotel Restaurant Bergwirt Schönbrunn is entitled to issue invoices or interim invoices for its services at any time.
10. Obligations of the Hotel Restaurant Bergwirt Schönbrunn
10.1. The Hotel Restaurant Bergwirt Schönbrunn is obliged to provide the agreed services to the extent of its standard.
10.2. Special services of the Hotel Restaurant Bergwirt Schönbrunn that are subject to additional charges and are not included in the accommodation fee, such as garage services or the provision of lounges, will be invoiced separately.
11. Liability of the Hotel Restaurant Bergwirt Schönbrunn for Damages to Items Brought In
11. Liability of Hotel Restaurant Bergwirt Schönbrunn for Items Brought In
11.1. Hotel Restaurant Bergwirt Schönbrunn is liable according to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the contracting party. The liability of Hotel Restaurant Bergwirt Schönbrunn is only given if the items have been handed over to Hotel Restaurant Bergwirt Schönbrunn or to persons authorized by Hotel Restaurant Bergwirt Schönbrunn or have been brought to a location specified for this purpose by any of them. If Hotel Restaurant Bergwirt Schönbrunn fails to prove this, it is liable for its own fault or the fault of its personnel, as well as for the fault of incoming and outgoing individuals. Hotel Restaurant Bergwirt Schönbrunn's liability is limited to the amount determined in the version of the Federal Act of November 16, 1921, on the liability of innkeepers and other entrepreneurs pursuant to § 970 (1) ABGB. If the contracting party or guest does not promptly comply with Hotel Restaurant Bergwirt Schönbrunn's request to deposit their items at a special storage location, Hotel Restaurant Bergwirt Schönbrunn is exempt from any liability. The maximum liability of Hotel Restaurant Bergwirt Schönbrunn is limited to the liability insurance sum of Hotel Restaurant Bergwirt Schönbrunn. The fault of the contracting party or guest is to be taken into account. The liability limitations according to 12.1 and 12.2 apply analogously.
11.2. Hotel Restaurant Bergwirt Schönbrunn is liable for valuables, money, and securities only up to the amount of EUR 550,--. Hotel Restaurant Bergwirt Schönbrunn is liable for any damage exceeding this amount only if it has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by Hotel Restaurant Bergwirt Schönbrunn itself or one of its personnel. The liability limitations according to 12.1 and 12.2 apply analogously.
11.3. Hotel Restaurant Bergwirt Schönbrunn may refuse the safekeeping of valuables, money, and securities if they are considerably more valuable items than those usually deposited by guests of the respective accommodation establishment.
11.4. In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately report the occurred damage to Hotel Restaurant Bergwirt Schönbrunn upon becoming aware of it. Furthermore, these claims must be asserted in court within three (3) years from the time the contracting party or guest gained knowledge or could have gained knowledge of the damage; otherwise, the right shall be forfeited.
12. Liability Limitations
12.1. If the contracting party is a consumer, Hotel Restaurant Bergwirt Schönbrunn's liability for slight negligence, with the exception of personal injury, is excluded.
12.2. If the contracting party is an entrepreneur, Hotel Restaurant Bergwirt Schönbrunn's liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages as well as lost profits are not reimbursed. The amount of compensable damages in any case is limited to the level of the reliance interest.
12.3. Hotel Restaurant Bergwirt Schönbrunn is not liable in any way for losses or damages that occur to guests' vehicles. Exceptions are cases in which such losses or damages can be attributed to grossly negligent or intentional conduct by Hotel Restaurant Bergwirt Schönbrunn.
13. Keeping of Animals
13.1. Animals may only be brought into the accommodation establishment with the prior consent of Hotel Restaurant Bergwirt Schönbrunn and against a special fee.
13.2. The contracting party or guest who brings an animal must properly keep or supervise the animal during their stay or have it properly kept or supervised at their expense by suitable third parties.
13.3. The contracting party or guest who brings an animal must have a corresponding animal liability insurance or private liability insurance that covers possible damages caused by animals. Proof of the relevant insurance must be provided upon request by Hotel Restaurant Bergwirt Schönbrunn.
13.4. The contracting party or its insurer is jointly and severally liable to Hotel Restaurant Bergwirt Schönbrunn for any damage caused by animals brought in. The damage also includes any compensation that Hotel Restaurant Bergwirt Schönbrunn has to provide to third parties.
13.5. Animals are not allowed in the salons, function rooms, and restaurant areas.
14. Extension of Accommodation
14.1. The contracting party has no entitlement to extend their stay. If the contracting party announces their wish to extend the stay in a timely manner, Hotel Restaurant Bergwirt Schönbrunn may agree to extend the accommodation contract, but there is no obligation for Hotel Restaurant Bergwirt Schönbrunn to do so.
14.2. If the contracting party cannot leave the accommodation establishment on the day of departure due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) and all departure options are blocked or not usable, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation establishment due to the exceptional weather conditions. Hotel Restaurant Bergwirt Schönbrunn is entitled to demand at least the usual price charged during the off-season.
15. Termination of Accommodation Contract - Early Termination
15.1. If the accommodation contract was concluded for a specified period, it ends upon the expiration of that period.
15.2. If the contracting party departs prematurely, Hotel Restaurant Bergwirt Schönbrunn is entitled to claim the full agreed fee.
15.3. The accommodation contract with Hotel Restaurant Bergwirt Schönbrunn ends upon the death of a guest.
15.4. If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third (3rd) day before the intended end of the contract.
15.5. Hotel Restaurant Bergwirt Schönbrunn is entitled to terminate the accommodation contract with immediate effect for an important reason, especially if the contracting party or the guest:
- (i) makes significant detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper behavior, causes dissatisfaction among other guests, the owner, their personnel, or the third parties residing in the accommodation establishment, or commits an action against property, morality, or physical safety that is subject to penalty;
- (ii) becomes afflicted with a contagious disease or a disease that extends beyond the duration of the accommodation, or otherwise requires care;
- (iii) does not pay the presented bills within a reasonable period (three (3) days) after they become due.
15.6. If the performance of the contract becomes impossible due to an event classified as force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), Hotel Restaurant Bergwirt Schönbrunn can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered terminated by law, or Hotel Restaurant Bergwirt Schönbrunn is exempted from the obligation to provide accommodation. Any claims for damages, etc., of the contracting party are excluded.
16. Guest's Illness or Death
16.1. If a guest falls ill during their stay at the accommodation establishment, Hotel Restaurant Bergwirt Schönbrunn will arrange for medical care upon the guest's request. In case of imminent danger, Hotel Restaurant Bergwirt Schönbrunn will arrange for medical care even without a specific request from the guest, especially if it is necessary and the guest is unable to do so.
16.2. As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, Hotel Restaurant Bergwirt Schönbrunn will arrange for medical treatment at the guest's expense. However, the extent of these care measures ends when the guest can make decisions or the relatives are informed of the illness.
16.3. Hotel Restaurant Bergwirt Schönbrunn has the right to claim reimbursement for the following costs from the contracting party, the guest, or their legal successors in the event of death:
- (i) outstanding medical expenses, costs for medical transport, medication, and medical aids;
- (ii) any other damages incurred by Hotel Restaurant Bergwirt Schönbrunn.
17. Place of Performance – Jurisdiction – Choice of Law
17.1. The place of performance is the location where Hotel Restaurant Bergwirt Schönbrunn is situated, namely in 1130 Vienna.
17.2. This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular, IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3. The exclusive place of jurisdiction is the registered office of Hotel Restaurant Bergwirt Schönbrunn in the case of a two-sided business transaction. Additionally, Hotel Restaurant Bergwirt Schönbrunn is entitled to assert its rights before any other locally and materially competent court.
18. Miscellaneous
18.1. Statements must have been received by the respective other contracting party on the last day of the deadline (midnight).
18.2. Hotel Restaurant Bergwirt Schönbrunn is entitled to set off against the claims of the contracting party with its own claims. The contracting party is not entitled to set off its own claims against claims of Hotel Restaurant Bergwirt Schönbrunn, unless the contracting party's claim has been legally established or expressly acknowledged by Hotel Restaurant Bergwirt Schönbrunn.
18.3. In the event of regulatory gaps, the corresponding statutory provisions apply.
18.4. Any claims for damages due to the failure of wake-up calls are excluded.
18.5. Any information provided is without guarantee.
18.6. Lost property can be forwarded upon request against reimbursement of expenses. Hotel Restaurant Bergwirt Schönbrunn undertakes to keep such items for six (6) months. After this period, the items will be disposed of.
18.7. Oral agreements become effective only when confirmed in writing by Hotel Restaurant Bergwirt Schönbrunn.
18.8. Should any of the above provisions be or become invalid, this does not affect the validity of the other provisions. Instead of the invalid provision, a valid provision that most closely corresponds to it shall apply.