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of Promontoria Hochgurgl GmbH for the TOP Hotel Hochgurgl brand.
Promontoria Hochgurgl GmbH Teinfaltstraße 8-4 A-1010 Vienna Austria
Tel.: +43 5256 6265 Fax: +43 5256 626510
Email: info@tophotelhochgurgl.com
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 the “Contractual Partner”). The services consist in particular of the provision of hotel rooms and other premises for a fee, e.g., for seminars, meetings, presentations, conferences, banquets, and other events, the sale of food and beverages (FB), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers, as well as all related further services and deliveries.
Promontoria Hochgurgl GmbH is entitled to fulfill its services through third parties.
2. These GTC refer to all types of contracts, such as hotel accommodation, package tour, contingent, 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 GTC shall not apply, even if Promontoria Hochgurgl GmbH does not expressly object to them. Counter-confirmations by the Contractual Partner referring to their own GTC are hereby rejected.
§ 2 Conclusion of Contract
1. The respective contract is generally concluded upon the oral or written request of the Contractual Partner and through acceptance by Promontoria Hochgurgl GmbH. Promontoria Hochgurgl GmbH is free to accept the request in writing, orally, in text form (email, fax), or implied by conduct through the provision of services.
2. If the Contractual Partner makes a group booking, a so-called contingent contract is concluded. The contingent contract regulates these GTC primarily and supplementarily. Within the framework of this contingent 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, which are related in terms of 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. This can be done in person, by telephone, by fax, by email, in writing, via “tophotelhochgurgl.com”, via intermediaries (e.g., so-called online portals), or by other means.
4. The sub-letting or re-letting or the free use of the provided rooms by third parties, as well as use for purposes other than accommodation, is only permitted if Promontoria Hochgurgl GmbH expressly permits this. Promontoria Hochgurgl GmbH may, at its own discretion, grant a written exception upon request.
§ 3 Room Use, Room Handover, Departure
1. The provision of rooms is exclusively for accommodation purposes.
2. The Contractual Partner is liable to Promontoria Hochgurgl GmbH for all damages caused by them or by third parties who receive the services of Promontoria Hochgurgl GmbH at their instigation.
3. The Contractual Partner has no claim to the use of specific rooms. Should rooms in the house not be available, Promontoria Hochgurgl GmbH will inform the Contractual Partner immediately and offer equivalent replacement in a nearby hotel of the same category. If the Contractual Partner refuses, Promontoria Hochgurgl GmbH must immediately refund services rendered by the Contractual Partner.
4. Booked rooms are available to the Contractual Partner from 3:00 PM on the day of arrival. Unless otherwise agreed, Promontoria Hochgurgl GmbH has the right to assign booked rooms to others after 6:00 PM without the Contractual Partner being able to derive any rights or claims therefrom.
5. Rooms must be vacated by 12:00 PM at the latest on the day of departure. Thereafter, Promontoria Hochgurgl GmbH may charge the daily room rate for additional use of the room until 4:00 PM, and 100% of the full room rate (list price) from 4:00 PM, in addition to any damage resulting therefrom.
§ 4 Events
1. To enable careful preparation by Promontoria Hochgurgl GmbH, the Contractual Partner must inform Promontoria Hochgurgl GmbH of the final number of participants at least three days before the start of the event. If the Contractual Partner reports a higher number of participants than agreed, this higher number of participants only becomes part of the contract if Promontoria Hochgurgl GmbH agrees to this 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 will be based on the new agreement (possibly with additional expenses). The Contractual Partner has no claim to consent. Billing is based on the contractual agreements regardless of the notification of the number of participants. If fewer participants actually take part in the event, this is irrelevant for billing.
2. If the agreed time for the
start of an event is postponed, Promontoria Hochgurgl GmbH is entitled to charge the Contractual Partner for all additional costs incurred as a result.
3. Reserved rooms are only available to the Contractual Partner within the period agreed in writing. Use beyond this requires the written consent of Promontoria Hochgurgl GmbH and is generally only granted for an additional fee. Room changes remain reserved, provided these are reasonable for the Contractual Partner, taking into account the interests of Promontoria Hochgurgl GmbH.
4. For events that go beyond midnight, Promontoria Hochgurgl GmbH may charge €50.00 plus statutory VAT per booked service staff member and per hour started. The Contractual Partner is liable to Promontoria Hochgurgl GmbH for additional services to the event participants or to third parties in connection with the event.
5. The Contractual Partner must obtain all official permits at their own expense, unless expressly agreed otherwise in writing. The Contractual Partner is responsible for compliance with all relevant (regulatory) legal requirements. Taxes to be paid 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 behavior of their employees, the event participants, and other auxiliary staff as for their own behavior. The hotel may require the Contractual Partner to provide appropriate security (e.g., insurance, deposits, guarantees).
7. To prevent damage, the attachment and setup of decorative material or other objects must be coordinated in advance with Promontoria Hochgurgl GmbH. Exhibition and other items brought along must be removed after the end of the event. If the Contractual Partner does not comply with this regulation, Promontoria Hochgurgl GmbH has the right to carry out removal and storage at a cost. Transport packaging, outer packaging, and all other packaging materials brought in must be disposed of by the Contractual Partner at their own expense. Disposal can be carried out for a fee if the Contractual Partner leaves the packaging behind after the end of the event. All objects brought in as part of the event, such as decorative material, etc., must comply with all relevant regulatory requirements.
8. Insurance coverage for objects brought in does not exist on the part of Promontoria Hochgurgl GmbH. Taking out any necessary insurance is exclusively the responsibility of the Contractual Partner.
9. Disruptions or defects in facilities provided by Promontoria Hochgurgl GmbH will be rectified as far as possible for Promontoria Hochgurgl GmbH. The Contractual Partner cannot derive any claims in this connection.
10. If the Contractual Partner brings in their own electrical systems, the consent of the hotel management is required before connecting to the power grid. The resulting electricity consumption will be calculated according to the valid provision and energy prices as the utility company charges them to Promontoria Hochgurgl GmbH. Promontoria Hochgurgl GmbH is free to record and calculate this as a flat rate. Disruptions or defects in the technical systems of Promontoria Hochgurgl GmbH occurring through connection are at the expense of the Contractual Partner.
11. If Promontoria Hochgurgl GmbH procures technical or other facilities from third parties for the Contractual Partner, Promontoria Hochgurgl GmbH acts in the name and for the account of the Contractual Partner; the latter is liable for the careful handling and proper return of these facilities and indemnifies Promontoria Hochgurgl GmbH from all claims of third parties upon first written request. Liability of Promontoria Hochgurgl GmbH due to late procurement or a defect in the procured facilities is excluded.
12. The Contractual Partner may generally not bring food and beverages to the events. In special cases (e.g., national specialties, etc.), a written agreement can be made; in these cases, an overhead fee will be charged minus the proportional cost of goods.
13. Newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of Promontoria Hochgurgl GmbH. If publication occurs without consent, Promontoria Hochgurgl GmbH has the right to cancel the event.
14. Any type of advertising, information, or invitations through which a reference to the hotel is established, in particular by using the hotel name, requires the prior written consent of the hotel.
15. Regarding withdrawal, cancellation, and reduction, the regulation of § 6 applies analogously.
§ 5 Provision of Services, Prices, Payments, Offsetting, and Assignment
1. The prices of the respective services are determined according to the price list of Promontoria Hochgurgl GmbH valid at the time the service is provided. All prices include the currently valid statutory value-added tax. Increases in value-added tax are at the expense of the Contractual Partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Promontoria Hochgurgl GmbH has the right to make price increases up to a maximum of 15%. Subsequent changes to the services may lead to changes in prices. Promontoria Hochgurgl GmbH is entitled to demand an advance payment or security deposit from the Contractual Partner of up to 100% of the Contractual Partner’s total payment obligation upon conclusion of the contract. The amount of the advance payment and the payment dates can 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 to have been received by the invoice recipient at the latest 3 days after dispatch, unless earlier receipt can be proven. In the event of default in payment, the statutory rules apply.
3. The creation of a total invoice does not release from the timely payment of individual invoices. A default in payment of even one individual invoice entitles Promontoria Hochgurgl GmbH to withhold all further and future services and to make the fulfillment of services dependent on a security deposit in the amount of up to 100% of the outstanding payment.
4. A reminder fee of €10.00 is owed for each reminder. Invoices are generally to be paid immediately in cash or by credit card. Promontoria Hochgurgl GmbH is entitled to reject foreign currencies, checks, and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund for services not used is excluded.
5. The Contractual Partner can only offset against a claim of Promontoria Hochgurgl GmbH if their claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to 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 to pay for Promontoria Hochgurgl GmbH products subject to advance payment (e.g., general orders with advance payment or guaranteed booking) without presenting it physically (e.g., via telephone, internet, etc.), the Contractual Partner is not entitled, in relation to Promontoria Hochgurgl GmbH, to revoke this charge to their credit card institution.
§ 6 Withdrawal, Cancellation, Reduction
1. Reservations by the Contractual Partner are binding for both contractual partners. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and if Promontoria Hochgurgl GmbH does not agree to a contract cancellation, Promontoria Hochgurgl GmbH retains the claim to the agreed remuneration despite non-use of the service. Promontoria Hochgurgl GmbH must credit the income from other rental of the rooms as well as the saved expenses. If the rooms are not rented otherwise, Promontoria Hochgurgl GmbH can flat-rate the deduction for saved expenses. In this case, the Contractual Partner is obliged to pay the following proportions of the contractually agreed total price for overnight stays with or without breakfast:
a) 50% of the contractually agreed total price if the cancellation or reduction in text form reaches Promontoria Hochgurgl GmbH between 89 and 30 days before the start of the service period
b) 70% of the contractually agreed total price if the cancellation or reduction in text form reaches Promontoria Hochgurgl GmbH between 29 and 10 days before the start of the service period
c) 90% of the contractually agreed total price if the cancellation or reduction in text form reaches Promontoria Hochgurgl GmbH less than 10 days before the start of the service period
d) For package arrangements with third-party services, 90% for half-board and 80% for full-board arrangements.
Promontoria Hochgurgl GmbH has no claim if the cancellation or reduction in text form reaches Promontoria Hochgurgl GmbH up to (and including) 90 days before the start of the service period.
2. The Contractual Partner is free to prove that the aforementioned claim has not arisen or has not arisen in the amount requested.
3. If Promontoria Hochgurgl GmbH can provide the canceled service to third parties in the agreed period, the Contractual Partner’s compensation shall be reduced by the amount that these third parties pay for the canceled service, but at most until the entire compensation is waived.
§ 7 Withdrawal / Termination by Promontoria Hochgurgl GmbH
1. Promontoria Hochgurgl GmbH is entitled to withdraw from the contract according to the statutory regulations (§ 323 BGB) or to terminate the contract (§ 314) if
a) the Contractual Partner does not provide a due service
b) the fulfillment of the contract is impossible due to force majeure, strike, or other circumstances for which Promontoria Hochgurgl GmbH is not responsible
c) the Contractual Partner provides misleading or false information about essential data
d) the Contractual Partner uses the name of Promontoria Hochgurgl GmbH for advertising measures without prior written consent
e) rooms subject to the contract are sub-let in whole or in part without the written consent of Promontoria Hochgurgl GmbH
f) Promontoria Hochgurgl GmbH has justified reason to assume that the use of the hotel service may endanger smooth business operations, security, or the reputation of Promontoria Hochgurgl GmbH in public.
2. Promontoria Hochgurgl GmbH must inform the Contractual Partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after becoming aware of the reason. The contract cancellation by Promontoria Hochgurgl GmbH does not justify any claims by the Contractual Partner for damages or other compensatory payments. A claim by Promontoria Hochgurgl GmbH for compensation for damage incurred and the expenses made by it remains unaffected in the event of justified contract termination.
§ 8 Liability of Promontoria Hochgurgl GmbH, Objects Brought In, Statute of Limitations
1. Promontoria Hochgurgl GmbH is generally only liable for all statutory and contractual claims in the event of intentional or grossly negligent behavior.
2. Exceptionally, Promontoria Hochgurgl GmbH is liable for slight negligence in the case of damages,
a) which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract,
b) due to injury to life, body, or health.
3. Liability of Promontoria Hochgurgl GmbH for consequential damages or indirect damages is excluded.
4. Exclusions and limitations of liability apply in the same way in favor of all companies employed by Promontoria Hochgurgl GmbH to fulfill its contractual obligations, their subcontractors, and vicarious agents. They do not apply if Promontoria Hochgurgl GmbH assumes a guarantee for the quality of an item or a work or in the case of maliciously concealed defects.
5. The Contractual Partner is obliged to report recognizable defects immediately, at the latest upon departure, at the hotel.
6. For objects brought in by the Contractual Partner, the statutory provisions of §§ 701 ff BGB apply.
7. Items left behind by the Contractual Partner staying overnight will only be forwarded upon request, at the risk and expense of the Contractual Partner. Promontoria Hochgurgl GmbH stores the items for 12 months and charges a reasonable fee for this. Thereafter, the items, provided there is a recognizable value, will be handed over to the local lost property office.
8. All claims of the Contractual Partner against Promontoria Hochgurgl GmbH arising from or in connection with the contract shall expire after one year, beginning with the end of the year in which the claim arose and the Contractual Partner became aware of the circumstances justifying the claim or should have become aware without gross negligence.
§ 9 Additional Provisions for Package Tour Contracts
1. If the performance obligation of Promontoria Hochgurgl GmbH consists, in addition to providing board and lodging, in the organization of a leisure program as a paid internal service, this constitutes a so-called package tour contract.
2. Due to changes, deviations, or reductions of individual services within the framework of a package tour contract that become necessary after the conclusion of the contract, the Contractual Partner cannot assert any claims if they are merely insignificant.
3. Promontoria Hochgurgl GmbH is not liable for damages suffered by the Contractual Partner on the occasion of using a special service of a third party. The Contractual Partner is referred in this respect to the enforcement of their claims against the respective organizer of the special service.
§ 10 Smoking in Non-Smoking Rooms
1. In the case of accommodation in a non-smoking room (these are marked as such), smoking in this room constitutes use contrary to the contract, which will be punished with a flat-rate contractual penalty in the amount of €150.00. Through this fee, the Contractual Partner contributes to the additionally required cleaning costs (curtains, furniture, etc.). Promontoria Hochgurgl GmbH is free to prove that higher damage has occurred through room cleaning. In this case, the flat-rate contractual penalty will be credited against the actual damage amount.
2. If the room cannot be rented on the same day due to the strong smell of smoke, Promontoria Hochgurgl GmbH is entitled, in addition to asserting the claim for damages regulated in section 1, to charge for an additional night in the amount of 90% of the standard rate applicable at that time.
3. Should smoking in a non-smoking room trigger a fire department operation via the hotel’s fire alarm system and Promontoria Hochgurgl GmbH be charged with the operation costs, the Contractual Partner is also obliged to pay damages in this respect.
4. The Contractual Partner is free to prove that the aforementioned claims have not arisen or have not arisen in the amount requested.
§ 11 Place of Performance and Payment, Jurisdiction, Side Agreements, Partial Invalidity
1. The place of performance and payment for both sides is the registered office of the respective hotel operation of Promontoria Hochgurgl GmbH.
2. Austrian law applies.
3. With the exception of private end consumers, Vienna is agreed as the exclusive place of jurisdiction for all claims arising from or based on the respective contract.
Vienna in September 2026
TOP Hotel Hochgurgl Hochgurglerstraße 8
A-6456 Hochgurgl
Ötztal/Tyrol/Austria
+43 5256 6265
info@tophotelhochgurgl.com Connect with us Facebook Instagram LinkedIn More Links Offers
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