The following Austrian Hotel Contract Conditions (ÖHVB) apply to all accommodation contracts between Palais Coburg Residenz GmbH and guests.

§ 1 General

The (general) Austrian Hotel Contract Conditions represent the contractual content with which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.

§ 2 Contractual partners

(1) In case of doubt, the person making the booking is considered the contractual partner of the accommodation provider, even if they have made the booking or co-booked for other named persons.

(2) Persons using the accommodation are guests within the meaning of the contractual conditions.

§ 3 Conclusion of contract, deposit

(1) The accommodation contract is usually concluded when the accommodation provider accepts the guest's written or verbal order.

(2) It may be agreed that the guest shall pay a deposit.

(3) The accommodation provider may also demand advance payment of the entire agreed remuneration.

(4) For the reservation to be effective, the guest must provide their credit card number and its expiry date at the time of reservation upon request.

(5) In the case of group or company bookings, confirmation of a reservation can only be made after receipt of a deposit amounting to 25% of the agreed total invoice amount.

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§ 4 Start and end of accommodation

(1) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

(2) The accommodation provider has the right to withdraw from the contract if the guest does not arrive by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed.

(3) If the guest has made a deposit, the room(s) will remain reserved until 12 noon on the following day at the latest.

(4) If a room is used for the first time before 6 a.m., the previous night counts as the first night.

(5) The rented rooms must be vacated by the guest by 12 noon on the day of departure.

§ 5 Withdrawal from the accommodation contract

(1) The accommodation contract may be terminated by either party by unilateral declaration up to 48 hours before the agreed date of arrival of the guest. The declaration of cancellation must be received by the other party (by post, fax or email) no later than 48 hours before the agreed date of arrival of the guest.

(2) After 48 hours prior to the agreed arrival date of the guest, the accommodation contract may be terminated by either party by means of a unilateral declaration. If the cancellation is made by the guest and no other customer can be found for the accommodation service, the guest shall pay a cancellation fee amounting to 100% of the room price. The declaration of cancellation must be received by

(3) If the guest does not arrive by 6 p.m. on the agreed day of arrival, the accommodation provider has the right to withdraw from the contract, unless a later arrival time has been agreed.

(4) If the guest has made a deposit, the room(s) will remain reserved until 12 noon on the following day at the latest.

(5) Even if the guest does not use the rooms booked or the boarding services, he is obliged to pay the agreed fee to the accommodation provider. However, the accommodation provider must deduct any savings made as a result of the guest not using the services offered or any income received from renting the rooms booked to other guests. Experience shows that in most cases, the savings made by the business as a result of the guest not using the services amount to 20 per cent of the room price and 30 per cent of the meal price.

(6) The accommodation provider is obliged to make every effort to re-let the rooms that have not been used, in accordance with the circumstances (§ 1107 ABGB). If the accommodation provider is able to re-let the cancelled services to third parties on the same terms, the cancellation fee shall be reduced to up to 30% of the room and meal price.

(7) The above cancellation conditions apply only to bookings of up to five suites. For bookings of more than five suites, the cancellation conditions are available on request. For bookings in upon request. The cancellation conditions listed in sections 1, 2, and 5 are non-binding recommendations by the association within the meaning of Sections 31 et seq. of the Cartel Act, which were reported to the Vienna Higher Regional Court as the cartel court under 26 Kt 79/03.

§ 6 Provision of alternative accommodation

Any additional expenses for alternative accommodation shall be borne by the accommodation provider.

§ 7 Rights of the guest

(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests for use without special conditions, and to the usual service.

(2) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

(3) If full board or half board has been agreed, the guest has the right to claim appropriate discounts (release fees) for meals that he cannot take due to absence. Local agreements have been made regarding the amount of this discount and the detailed conditions.

(4) The rented rooms must be vacated by the guest by 12 noon on the day of departure. If a room is used beyond the agreed time, the accommodation provider is entitled to demand appropriate compensation.

(5) The guest must grant the accommodation provider the right to issue instructions regarding the use of the premises, in particular the use of the common rooms, in order to maintain order.

(8) The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

The accommodation provider may issue instructions in the form of house rules.

(6) The guest may only offset claims by the accommodation provider with undisputed or legally established counterclaims.

§ 8 Obligations of the guest

(1) The guest must treat the rooms and furnishings provided for use with care. The guest is liable for any damage caused by himself, his fellow guests or visitors, or employees working for him.

(2) The guest is responsible for complying with laws, regulations, official orders and for obtaining and presenting any required identification. The guest shall bear any disadvantages arising from a violation of the guest's obligations.

(3) Unless otherwise agreed, the guest is obliged to pay their bill on departure. If payment by credit card was agreed upon registration, the accommodation provider is entitled to settle the claim with the credit card at the time the guest's payment obligation falls due, even if the guest is not present.

(4) The guest must comply with the house rules.

§ 9 Payment obligation

(1) The guest is obliged to pay the fee for accommodation (overnight stay, full board or half board). A reduction in the fee is only possible if the guest has requested a reduction in the meal price in advance. (Breakfast: 20 per cent, lunch or dinner: 30 per cent.)
(2) If, when paying by credit or debit card, the guest is entitled to a refund of sales tax that has been wrongly charged due to an incorrectly issued invoice for which the accommodation provider is not responsible, or due to a new legal regulation of tax or duty rates, the accommodation provider is entitled to demand that the guest make a new payment using a different payment method. If the incorrectly charged VAT amount results in a credit balance for the guest, this shall be refunded to the guest within 7 days of the new invoice being issued by crediting the original credit or debit card or by bank transfer.

§ 10 Responsibility of the accommodation provider

(1) The accommodation provider shall exercise the diligence of a prudent businessman in fulfilling his obligations. Claims for damages by the guest are excluded. This does not apply to damage resulting from injury to life, limb or health if the accommodation provider is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the accommodation provider, and damage based on a culpable breach of typical contractual obligations by the accommodation provider. (§§ 1295 ff ABGB.)

§ 11 Liability for items brought in

(1) The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought in by the contractual partner. The accommodation provider is only liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or specified by them. If the accommodation provider is unable to provide proof, the accommodation provider shall be liable for its own negligence or the negligence of its staff and persons entering and leaving the premises. The accommodation provider shall be liable in accordance with § 970 (1) ABGB up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage area, the accommodation provider is released from any liability. The amount of any liability on the part of the accommodation provider is limited to the maximum amount covered by the accommodation provider's liability insurance. Any fault on the part of the contracting party or guest shall be taken into account.

(2) The accommodation provider shall only be liable for valuables, money and securities up to the current amount of €550. The accommodation provider shall only be liable for damage exceeding this amount if he has accepted these items for safekeeping in full knowledge of their nature or if the damage was caused by himself or one of his employees. The limitation of liability pursuant to 12.1 applies mutatis mutandis.

(3) The accommodation provider may refuse to store valuables, money and securities if these items are significantly more valuable than those usually stored by guests of the accommodation establishment in question.

§ 12 Limitations of liability

(1) If the contracting party is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contracting party bearsthe burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits are not compensated. The damage to be compensated shall in any case be limited to the amount of the interest in reliance.

(2) When arranging leisure activities or other external services and bookings on behalf of the contractual partner, the contract underlying the booked service is concluded exclusively between the respective external organizer and the customer. PCR only handles the booking of the activity on behalf of and at the request of the customer and excludes any liability in connection with this external service.

§ 13 Keeping of animals

(1) Animals may only be brought into the accommodation facility with prior approval and, if necessary, for a special fee. Animals are not permitted in the lounges, social rooms or restaurant areas.

(2) The guest is liable for any damage caused by animals brought along, in accordance with the legal provisions applicable to animal owners (§ 1320 ABGB).

§ 14 Extension of accommodation

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

§ 15 Termination of accommodation

(1) If the accommodation contract has been agreed for a specific period, it shall end when that period expires. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration. However, the accommodation provider shall be obliged to endeavour to re-let the rooms not used, depending on the circumstances. In all other respects, the provisions of § 5.(5) shall apply mutatis mutandis (percentage deductions).

(2) The contract with the accommodation provider shall end upon the death of a guest.

(3) If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract at any time by giving three days' notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be considered the first day of the notice period, but only the following day.

(4) If the guest does not vacate their room by 12 noon, the accommodation provider is entitled to charge the room price.

(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly inappropriate behaviour, makes living together unpleasant for the other residents or is guilty of an act punishable by law against the property, morality or physical safety of the accommodation provider and his staff or a person living in the accommodation establishment; b) is afflicted with a contagious disease or a disease that exceeds the duration of the accommodation, or requires care; c) does not pay the bill presented to him upon request within a reasonable period of time.

(6) If the fulfilment of the contract becomes impossible due to an event that can be considered force majeure, the contract shall be terminated. However, the accommodation provider is obliged to return the remuneration already received on a pro rata basis so that he does not profit from the event. (§ 1447 ABGB.)

§ 16 Illness or death of the guest in the accommodation establishment

(1) If a guest falls ill during their stay at the accommodation, the accommodation provider is obliged to arrange medical care if this is necessary and the guest is unable to do so themselves. The accommodation provider is entitled to reimbursement of the following costs from the guest or, in the event of death, from their legal successor:

a) any reimbursement of medical expenses not yet paid by the guest;

b) for the necessary room disinfection, if this is ordered by the public health officer;

c) compensation for any linen, bedding and bedding equipment that has become unusable, against delivery of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items; d) for the restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death;

e) for the room rent, insofar as it is lost in connection with the illness or death due to the temporary unusability of the rooms (at least three, at most seven days).

§ 17 Place of performance and jurisdiction

(1) The place of performance is the location of the accommodation provider.

(2) For all disputes arising from the accommodation contract, the court with jurisdiction over the accommodation provider shall be agreed, except

a) if the guest, as a consumer, has a place of employment or residence in the country; in this case, the place of jurisdiction shall be agreed as the location specified by the guest in the registration;

b) the guest, as a consumer, only has a place of employment in Austria; in this case, this shall be agreed as the place of jurisdiction.

§ 18 Personal data

The accommodation provider processes the guest's personal data. The guest can obtain more detailed information on the processing of their personal data at www.palais-coburg.com/privacy.
 

General Terms and Conditions

for Leisure Activities

1. Offer

The customer receives the service as set out in the booking confirmation. This may be either a service offered directly by Palais Coburg Residenz GmbH or a service offered by an external organiser. Where the service is offered by an external organiser, Palais Coburg Residenz GmbH merely makes the booking for the activity (external activity) on behalf of and at the request of the customer. The contract governing the booked service is concluded exclusively between the customer and the external organiser. The external organiser is solely responsible for carrying out the external activity. Following the booking, the customer will receive the organiser’s contact details and a booking confirmation containing further details. The legal relationship between the customer and the external organiser is governed exclusively by the contract with the external organiser. If the external organiser so wishes, Palais Coburg Residenz GmbH is entitled to invoice the customer on behalf of the external organiser for the service obtained from the external organiser, in accordance with the payment terms set out below.

2. Payment Terms

Customers staying at the Palais Coburg as guests or who have hired premises at the Palais Coburg (hotel guests) agree that the activities specified in the booking confirmation will be charged to their hotel bill at the agreed price. Palais Coburg Residenz GmbH is entitled at any time to demand immediate payment for the activity.

If the customer is not a hotel guest, they must pay for the activities as set out in the booking confirmation before the activity takes place. Palais Coburg Residenz GmbH is free to demand payment after the activity has taken place. A confirmed booking may be cancelled or amended free of charge up to 48 hours before the start of the activity. Bookings cancelled less than 48 hours before the start of the activity will be charged at 100 per cent of the applicable price, in the same way as for activities not attended at all.

If the customer terminates the activity prematurely or leaves it early, they are not entitled to a refund. Any additional costs shall be borne by the customer. If an activity is terminated by a member of staff for the protection of the customer or of a member of staff of Palais Coburg Residenz GmbH or an external organiser conducting the activity (e.g. due to bad weather, the customer failing to follow instructions adequately, etc.), the customer is not entitled to a partial or full refund. Any additional costs shall be borne by the customer.

3. Deposit/Security Deposit

Palais Coburg Residenz GmbH is entitled to require a deposit or security deposit (e.g. cash, credit card) for the activities booked by the customer and/or for items made available.

The security deposit serves, in particular, to secure all claims to which Palais Coburg Residenz GmbH is entitled arising from the conduct of the activity or the provision of items. The customer will have the security deposit refunded upon the proper return of the hired or loaned item. If damage to the items provided is discovered upon return, Palais Coburg Residenz GmbH is entitled to retain the security deposit up to the amount of the damage incurred or to charge an amount equal to the damage incurred to the customer’s credit card.

4. Liability of the Lessor

Palais Coburg Residenz GmbH excludes all liability for damage of any kind that may arise from its services. The sole exception is liability on the part of Palais Coburg Residenz GmbH for damage caused by it through wilful misconduct or gross negligence (excluding liability for vicarious agents). Liability for indirect damage, consequential damage, damage to third parties and loss of profit is generally excluded. Palais Coburg Residenz GmbH shall ensure that the items it provides (e.g. bicycles, e-bikes, pedalos, SUP boards, etc.) are kept at all times in a condition suitable for use, clean and in good working order.

The customer is obliged to check the items and accessories provided by Palais Coburg Residenz GmbH for their functionality prior to use (e.g. checking tyre pressure, brakes or lights for bicycle hire, the battery charge level for e-bikes, the function of the leash for SUPs, etc.) and to inform Palais Coburg Residenz GmbH immediately in the event of any defects. Should the customer discover a defect whilst using the item, they must report the defect to Palais Coburg Residenz GmbH immediately and cease using the item straight away.

To the extent permitted by law, the liability set out above is limited to the total amount of the fee which the customer is required to pay, or would have been required to pay, to Palais Coburg Residenz GmbH in connection with the booked activity carried out by Palais Coburg Residenz GmbH or in respect of the hired item.

Liability for external activities arranged by Palais Coburg Residenz GmbH is entirely excluded.

5. Terms of Use and the Customer’s Liability

The customer must use the items made available to them, including any accessories provided, with due care. In particular, the customer must comply with all traffic regulations and other applicable laws and protect the items made available to them from excessive wear and tear (e.g. participation in cycle races, off-road cycling, etc.). Where special authorisations or examinations are required for the booked activity or the use of the hired item, the customer warrants to Palais Coburg Residenz GmbH that they hold the relevant authorisation or have successfully passed any necessary examination.

The customer is liable for any damage caused by them and/or third parties resulting from theft or damage to the items and any accessories provided, which occurs during the activity or whilst the items are in use. The costs of repairs or replacement of equipment damaged wilfully or through negligence will be charged to the customer.

Items provided by Palais Coburg Residenz GmbH must not be used by persons under the age of 16 (unless accompanied by an adult) and/or by persons under the influence of drugs, alcohol or medication that impairs their ability to drive.

It is prohibited to carry out any kind of alteration (e.g. repairs, modifications) to the items provided by Palais Coburg Residenz GmbH or to any accessories supplied. It is also prohibited to sublet or pass on the items to third parties.

In the event of unauthorised use, Palais Coburg Residenz GmbH is entitled at any time to withdraw the items made available to the customer. The customer is not entitled to a reduction in price or a refund.

Items and any accessories provided to the customer by Palais Coburg Residenz GmbH must be returned to the location where they were originally handed over. Palais Coburg Residenz GmbH may claim an additional charge for items returned late and for any resulting costs.

Where Palais Coburg Residenz GmbH arranges an external activity on behalf of the customer, the customer shall fully indemnify Palais Coburg Residenz GmbH against any claims made by the external organiser.

6. Insurance

Participation in activities and the use of loaned items are at the customer’s own risk. It is the customer’s responsibility to take out any necessary or advisable insurance (accident, third-party liability, cancellation cover, etc.).

7. Miscellaneous

Should any individual provisions of this agreement be wholly or partially invalid, or should they subsequently lose their legal validity, or should there be any omissions in the contract, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. In such a case, the invalid or missing provisions shall be replaced or supplemented by provisions that most closely reflect the original economic and legal purpose of the General Terms and Conditions.

This agreement is governed exclusively by Austrian law, to the exclusion of any conflict-of-law rules under Austrian private international law that might refer to foreign law, or of any treaties under international law. The exclusive place of jurisdiction is – subject to any mandatory statutory provisions to the contrary – Vienna (Austria).