3 °
General Terms and Conditions.
of
Promontoria Hochgurgl GmbH
for the brand TOP Hotel Hochgurgl.
Teinfaltstraße 8-4
A-1010 Wien
Austria
Tel.: +43 5256 6265
Fax: +43 5256 626510
www.tophotelhochgurgl.com
§ 1 Scope of Application
1. These General Terms and Conditions (GTC) apply to all services provided by Promontoria Hochgurgl GmbH to the guest, the organizer, and other contractual partners
(hereinafter referred to as "Contractual Partner").
The services include, in particular, the paid provision of hotel rooms and other premises for, e.g., seminars, meetings, presentations, conferences, banquets, and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers, as well as all other related services and deliveries.Promontoria Hochgurgl GmbH is entitled to provide its services through third parties.
2. These GTC apply to all types of contracts such as hotel accommodation, package travel, allotment, or event contracts concluded with Promontoria Hochgurgl GmbH. The GTC also apply to all future transactions with the Contractual Partner.
3. The Contractual Partner’s general terms and conditions shall not apply, even if Promontoria Hochgurgl GmbH does not expressly object to them. Counter-confirmations of the Contractual Partner with reference to its terms and conditions are hereby expressly rejected.
1. The respective contract is generally concluded after an oral or written application by the Contractual Partner and acceptance by Promontoria Hochgurgl GmbH. Promontoria Hochgurgl GmbH is free to accept the application in writing, orally, in text form (email, fax), or implicitly by rendering services.
2. If the Contractual Partner makes a group booking, a so-called allotment contract is concluded. The allotment contract takes precedence over and supplements these GTC. Under such an allotment contract, the Contractual Partner is liable for all damages culpably caused by the end user.
3. A group booking exists if more than nine rooms in a hotel operation, related in time and/or subject matter, are booked by a Contractual Partner through one or more booking processes. A group booking is independent of the booking method. It may be made in person, by telephone, fax, email, in writing, via "tophotelhochgurgl.com", via intermediaries (e.g. online portals), or by other means.
4. Subletting or re-letting or gratuitous use of the provided rooms by third parties, as well as use for purposes other than accommodation, is only permitted if expressly approved by Promontoria Hochgurgl GmbH. Promontoria Hochgurgl GmbH may, at its sole discretion, grant a written exception upon request.
1. The provision of rooms is exclusively for accommodation purposes.
3. The Contractual Partner has no claim to the use of specific rooms. Should rooms not be available in the hotel, Promontoria Hochgurgl GmbH will immediately inform the Contractual Partner and offer equivalent substitute accommodation in a nearby hotel of the same category. If the Contractual Partner declines, Promontoria Hochgurgl GmbH shall promptly reimburse services rendered by the Contractual Partner.
4. Booked rooms are available to the Contractual Partner from 3:00 p.m. on the arrival day. Unless otherwise agreed, Promontoria Hochgurgl GmbH has the right to reallocate booked rooms after 6:00 p.m. without the Contractual Partner being able to derive any rights or claims from this.
5. Rooms must be vacated no later than 12:00 noon on the departure day. Thereafter, Promontoria Hochgurgl GmbH may charge the day room rate for additional use until 4:00 p.m., and from 4:00 p.m. 100% of the full accommodation price (list price), in addition to any damage incurred.
1. To enable proper preparation by Promontoria Hochgurgl GmbH, the Contractual Partner must inform Promontoria Hochgurgl GmbH of the final number of participants no later than three days before the start of the event. If the Contractual Partner indicates a higher number of participants than agreed, this higher number shall only become part of the contract if Promontoria Hochgurgl GmbH agrees in writing. If Promontoria Hochgurgl GmbH does not agree in writing, the Contractual Partner is not entitled to hold the event with a higher number of participants. If Promontoria Hochgurgl GmbH agrees, billing shall be based on the new agreement (possibly with additional expenses). The Contractual Partner has no right to approval. Billing is based on the contractual agreements, regardless of the notification of the number of participants. If fewer participants actually attend, this is irrelevant for billing purposes.
3. Reserved rooms are available to the Contractual Partner only within the agreed written period. Use beyond this requires the written consent of Promontoria Hochgurgl GmbH and will generally only be granted for an additional fee. Room changes remain reserved if they are reasonable for the Contractual Partner, taking into account the interests of Promontoria Hochgurgl GmbH.
4. For events that extend beyond midnight, Promontoria Hochgurgl GmbH may charge €50.00 plus VAT per booked service staff member per started hour. The Contractual Partner is liable to Promontoria Hochgurgl GmbH for additional services to event participants or third parties in connection with the event.
5. All official permits must be obtained by the Contractual Partner at their own expense, unless otherwise expressly agreed in writing. The Contractual Partner is responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as AKM fees, entertainment tax, etc., must be paid immediately by the Contractual Partner to the creditor.
6. The Contractual Partner is liable for the conduct of their employees, event participants, and other auxiliaries as for their own conduct. The hotel may require the Contractual Partner to provide appropriate security (e.g. insurance, deposits, guarantees).
7. To prevent damage, the installation and placement of decorations or other objects must be coordinated in advance with Promontoria Hochgurgl GmbH. Brought-in exhibition and other objects must be removed after the event. If the Contractual Partner fails to do so, Promontoria Hochgurgl GmbH is entitled to remove and store them at cost. Brought-in packaging, transport containers, and other materials must be disposed of by the Contractual Partner at their own expense. If the Contractual Partner leaves packaging after the event, disposal may be carried out at cost. All objects brought in for the event, such as decoration materials, must comply with applicable regulations.
8. Promontoria Hochgurgl GmbH does not provide insurance coverage for brought-in items. Taking out necessary insurance is solely the responsibility of the Contractual Partner.
9. Malfunctions or defects in facilities provided by Promontoria Hochgurgl GmbH will be remedied to the extent possible. The Contractual Partner cannot derive any claims in this context.
10. If the Contractual Partner brings in their own electrical equipment, the hotel management’s approval is required before connecting to the power supply. Electricity consumption will be charged according to the valid supply and work prices as invoiced to Promontoria Hochgurgl GmbH by the utility company. Promontoria Hochgurgl GmbH may also charge a flat fee. Any disturbances or defects caused by such connections are the responsibility of the Contractual Partner.
11. If Promontoria Hochgurgl GmbH procures technical or other equipment from third parties on behalf of the Contractual Partner, Promontoria Hochgurgl GmbH acts in the name and for the account of the Contractual Partner. The Contractual Partner is responsible for careful handling and proper return of such equipment and indemnifies Promontoria Hochgurgl GmbH from all third-party claims upon first written demand. Promontoria Hochgurgl GmbH is not liable for untimely procurement or defects of the procured equipment.
12. The Contractual Partner is generally not permitted to bring food or beverages to events. Exceptions (e.g. national specialties) may be agreed upon in writing; in such cases, a general cost charge minus the proportional cost of goods will be invoiced.
13. Newspaper advertisements containing invitations to job interviews or sales events require prior written approval from Promontoria Hochgurgl GmbH. If publication occurs without approval, Promontoria Hochgurgl GmbH has the right to cancel the event.
15. With regard to withdrawal, cancellation, and reduction, the provisions of § 6 apply accordingly.
1. The prices of the respective services are determined according to the price list of Promontoria Hochgurgl GmbH valid at the time of service provision. All prices include the statutory VAT valid at the time. Increases in VAT are borne by the Contractual Partner. If the period between contract conclusion and the first contractual service exceeds 120 days, Promontoria Hochgurgl GmbH has the right to increase prices by up to 15%. Subsequent changes in services may lead to price adjustments. Promontoria Hochgurgl GmbH is entitled, upon conclusion of the contract, to request advance payment or security up to 100% of the Contractual Partner’s total payment obligation. The amount of the advance payment and the payment dates may be specified in the contract.
2. The payment claim of Promontoria Hochgurgl GmbH is due immediately upon receipt of the respective invoice without deduction. An invoice is deemed received at the latest three days after dispatch, unless earlier receipt can be proven. In the event of default, the statutory provisions apply.
4. A reminder fee of €10.00 is due for each reminder. Invoices must generally be paid immediately in cash or by credit card. Promontoria Hochgurgl GmbH is entitled to refuse foreign currency, checks, and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the respective company or if appropriate prepayments have been made. Refunds for unused services are excluded.
5. The Contractual Partner may only offset against a claim of Promontoria Hochgurgl GmbH if their claim is undisputed or legally established. The same applies to the exercise of a right of retention based on the Contractual Partner’s own claims. Claims and other rights may only be assigned with the written consent of Promontoria Hochgurgl GmbH.
6. If the Contractual Partner uses a credit card for payment of Promontoria Hochgurgl GmbH products requiring prepayment (e.g. general advance orders or guaranteed bookings) without physically presenting it (e.g. by telephone, internet, etc.), the Contractual Partner is not entitled to revoke this charge to their credit card company in relation to Promontoria Hochgurgl GmbH.
1. Reservations made by the Contractual Partner are binding for both parties. If a right of withdrawal is not agreed or has expired, there is no statutory right of withdrawal or termination, and if Promontoria Hochgurgl GmbH does not agree to a cancellation, Promontoria Hochgurgl GmbH retains the right to the agreed remuneration despite non-utilization of the service. Promontoria Hochgurgl GmbH must offset income from other rental of the rooms as well as saved expenses. If rooms are not rented elsewhere, Promontoria Hochgurgl GmbH may apply a lump-sum deduction for saved expenses. In this case, the Contractual Partner must pay the following portions of the contractually agreed total price for overnight accommodation with or without breakfast:
a) 50% if cancellation/reduction in text form is received by Promontoria Hochgurgl GmbH between 89 and 30 days before the start of the service period
b) 70% if received between 29 and 10 days
c) 90% if received less than 10 days
d) For package arrangements with external services, 90% for half-board and 80% for full-board arrangements.
Promontoria Hochgurgl GmbH has no claim if cancellation/reduction in text form is received up to (and including) 90 days before the start of the service period.
2. The Contractual Partner is free to prove that the claim did not arise or did not arise to the demanded extent.
3. If Promontoria Hochgurgl GmbH can provide the canceled service to third parties within the agreed period, the Contractual Partner’s compensation obligation is reduced by the amount paid by these third parties, up to the elimination of the compensation obligation.
1. Promontoria Hochgurgl GmbH is entitled to withdraw from or terminate the contract pursuant to statutory provisions (§ 323, § 314 BGB) if
a) the Contractual Partner fails to perform a due obligation
b) performance becomes impossible due to force majeure, strike, or other circumstances beyond Promontoria Hochgurgl GmbH’s control
c) the Contractual Partner provides misleading or false information about material facts
d) the Contractual Partner uses the name of Promontoria Hochgurgl GmbH in advertising measures without prior written consent
e) rooms subject to the contract are sublet without written consent
f) Promontoria Hochgurgl GmbH has justified reason to believe that use of the hotel service may endanger the smooth operation, safety, or reputation of Promontoria Hochgurgl GmbH.
2. Promontoria Hochgurgl GmbH must inform the Contractual Partner of the withdrawal/termination immediately, at the latest within 14 days of becoming aware of the reason. Cancellation by Promontoria Hochgurgl GmbH does not entitle the Contractual Partner to damages or other compensation. Promontoria Hochgurgl GmbH retains the right to claim damages and reimbursement of expenses incurred in the event of justified termination.
1. Promontoria Hochgurgl GmbH is liable for statutory and contractual claims only in cases of intent or gross negligence.
2. Exceptionally, Promontoria Hochgurgl GmbH is liable for slight negligence in cases of
a) breach of essential contractual obligations, in which case liability is limited to foreseeable typical damages,
b) injury to life, body, or health.
3. Liability of Promontoria Hochgurgl GmbH for consequential or indirect damages is excluded.
4. Exclusions and limitations also apply in favor of all companies, subcontractors, and vicarious agents engaged by Promontoria Hochgurgl GmbH. They do not apply if Promontoria Hochgurgl GmbH has assumed a guarantee or in cases of fraudulently concealed defects.
5. The Contractual Partner must report recognizable defects immediately, at the latest upon departure, at the hotel.
6. For items brought in by the Contractual Partner, the statutory provisions of §§ 701 ff. BGB apply.
7. Items left behind by overnight guests will only be forwarded upon request, risk, and cost of the Contractual Partner. Promontoria Hochgurgl GmbH stores such items for 12 months and charges a reasonable fee. Thereafter, items of apparent value will be handed over to the local lost and found office.
8. All claims of the Contractual Partner against Promontoria Hochgurgl GmbH arising from or in connection with the contract expire after one year, beginning at the end of the year in which the claim arose and the Contractual Partner became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim.
1. If Promontoria Hochgurgl GmbH’s obligation includes organizing a leisure program in addition to providing food and accommodation as a paid service, this constitutes a package travel contract.
2. The Contractual Partner cannot assert claims due to changes, deviations, or reductions of individual services within a package travel contract that become necessary after conclusion of the contract, provided such changes are only immaterial.
1. In the case of accommodation in a non-smoking room (such rooms are marked accordingly), smoking in that room constitutes a use in breach of contract and will be sanctioned with a lump-sum contractual penalty of €150.00. This fee contributes to the additional cleaning costs (curtains, furniture, etc.). Promontoria Hochgurgl GmbH is free to prove that a higher loss was incurred due to room cleaning. In such case, the lump-sum penalty will be credited against the actual amount of damages.
2. If, due to strong smoke odor, the room cannot be rented on the same day, Promontoria Hochgurgl GmbH is entitled—besides asserting the claim regulated in item 1—to charge an additional night at 90% of the standard rate applicable at that time.
3. If smoking in a non-smoking room triggers a fire brigade deployment via the hotel’s fire alarm system and Promontoria Hochgurgl GmbH is charged with the deployment costs, the Contractual Partner is likewise obliged to compensate such damages.
4. The Contractual Partner is free to prove that the aforementioned claims did not arise or did not arise to the demanded extent.
1. The place of performance and payment for both parties is the location of the respective hotel operation of Promontoria Hochgurgl GmbH.
2. Austrian law applies.
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