General Terms and Conditions

• "Innkeeper": PA Hotel Hopfgarten GmbH, FN 303466 z.

• "Guest": Is a natural person who uses accommodation. The guest is usually also the contracting party. Persons travelling with the contracting party are also considered guests, e.g.: family members, friends etc.).

• "Contracting party": Is a natural or legal person from Germany or abroad who concludes an accommodation contract as a guest or for a guest.

• "Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

• "Accommodation contract": Is the contract concluded between the innkeeper and the contracting party, the content of which is specified in more detail below.

The accommodation contract is concluded by the innkeeper's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances, and access takes place during the innkeeper's announced business hours.

The innkeeper is entitled to conclude the accommodation contract on condition that the contracting party makes a down payment. If the contracting party agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent regarding the payment of the down payment by the innkeeper.

The contracting party is obliged to pay the down payment no later than 15 days after being requested by the innkeeper (received free of charge). The contracting party bears the costs for the money transaction (e.g., transfer fees). The respective conditions of the card companies apply to credit and debit cards. If the contracting party defaults on the down payment, the innkeeper can either insist on the fulfillment of their claim or withdraw from the contract after setting a reasonable grace period.

The down payment is a partial payment of the agreed fee.

A prepayment of 20% is required for certain travel periods.

If the statutory VAT rate changes, the innkeeper reserves the right to pass on the change in the tax rate to the guest to the same extent as the change through a price adjustment.

The contracting party has the right, unless the innkeeper offers a different reference time, to occupy the rented rooms from 3:00 PM on the agreed day ("Arrival Day").

If a room is occupied for the first time before 6:00 AM, the previous night counts as the first overnight stay.

The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The innkeeper is entitled to charge for an additional day if the rented rooms are not vacated on time.

1. Withdrawal by the Innkeeper

If the accommodation contract provides for a down payment and the down payment has not been made by the contracting party on time, the innkeeper can withdraw from the accommodation contract without a grace period.

If the guest does not arrive 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.

If the contracting party has made a down payment, the premises remain reserved until 12:00 PM on the day following the agreed arrival day at the latest. For prepayments of more than four days, the accommodation obligation ends from 6:00 PM on the fourth day, with the arrival day being counted as the first day, unless the guest announces a later arrival day.

The accommodation contract can be dissolved by the innkeeper by unilateral declaration for objectively justified reasons, unless otherwise agreed, no later than 21 days before the contracting party's agreed arrival day.

2. Withdrawal by the Contracting Party - Cancellation Fee

a) Individual agreements made by separate contract, which take precedence over these GTC in case of a deviation, can be found in the booking or reservation confirmation of the hotel.

b) Separate cancellation conditions for events, group travel & MICE apply to events and group travel of 10 rooms or 15 people or more. These can be found in the event or group confirmation.

c) Cancellation conditions and No-Show for individual travelers (reservations up to 9 rooms or 14 people)

Cancellations must always be submitted to the hotel in writing. Cancellations must be confirmed in writing by the hotel. The following cancellation fees apply:

• Up to 21 days before arrival free of charge

• 20 to 14 days before arrival: 40% of the booked services will be charged

• 13 to 7 days before arrival: 70% of the booked services will be charged

• 6 to 1 day before arrival: 90% of the booked services will be charged

• Cancellation or No Show on the day of arrival: 100% of the booked services will be charged

In case of late arrival or early departure, we charge 100% of the total agreed amount.

The cancellation fee will be charged to the contracting party immediately after the cancellation has taken place and is due for immediate payment. If the contracting party provides (discloses) credit card details, the hotel is entitled to charge the credit card with any incurred cancellation fee. Any down payment made can be credited by the hotel against an incurred cancellation fee.

d) Rooms with Special Price

Rooms booked at non-refundable rates, special prices, deals or %-promotions are at no time free of charge or cancellable or rebookable against payment of a cancellation fee and will in any case be charged at 100% of the special price. This can also be debited by the hotel from a credit card provided as security, and a down payment can be credited against the special price.

If the contracting party cannot appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseen extraordinary circumstances (e.g., extreme snowfall, floods, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

The obligation to pay for the booked stay resumes as soon as arrival becomes possible again, if arrival becomes possible within three days.

The innkeeper can provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

Objective justification is given, for example, if the room (rooms) has become unusable, already accommodated guests extend their stay, an overbooking exists, or other important operational measures necessitate this step.

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

By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the usual service. The contracting party must exercise its rights in accordance with any applicable hotel and/or guest guidelines (house rules).

The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to separate services used by him and/or accompanying guests, plus statutory value-added tax, at the latest by the time of departure.

The accommodation provider is not obliged to accept foreign currency. If the accommodation provider accepts foreign currency, it will be accepted for payment at the daily rate as far as possible. Should the accommodation provider accept foreign currency or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, telegrams, etc.

The contracting party is liable to the accommodation provider for any damage caused by him or the guest or other persons who receive the accommodation provider's services with the knowledge or consent of the contracting party.

If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention according to § 970c ABGB and the statutory lien according to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien also serves to secure the accommodation provider's claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contracting party, and for any compensation claims of any kind.

If service is requested in the contracting party's room or at unusual times of day, the accommodation provider is entitled to charge a special fee for this. The accommodation provider may also refuse these services for operational reasons.

The accommodation provider has the right to issue invoices or interim invoices for its services at any time.

The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.

Special services of the accommodation provider subject to separate charges, which are not included in the accommodation fee, are for example: special accommodation services that can be billed separately.

The accommodation provider is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the accommodation provider only exists if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider. If the accommodation provider fails to prove this, the accommodation provider is liable for his own fault or the fault of his staff as well as persons entering and leaving. The accommodation provider is liable according to § 970 Abs 1 ABGB at most up to the amount set in the Federal Law of November 16, 1921, on the liability of innkeepers and other entrepreneurs, in its currently valid version. If the contracting party or the guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited to the maximum sum insured under the accommodation provider's liability insurance. Fault on the part of the contracting party or guest must be taken into account.

The liability of the accommodation provider for slight negligence is excluded. If the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will under no circumstances be compensated.

For valuables, money, and securities, the accommodation provider is only liable up to the current amount of € 550,-. The accommodation provider is liable for damage exceeding this amount only if he has taken these items for safekeeping with knowledge of their nature or if the damage was caused by himself or one of his staff. The limitation of liability according to paragraphs 1.) and 2.) applies mutatis mutandis.

The accommodation provider may refuse to keep valuables, money, and securities if they are significantly more valuable than items guests of the accommodation establishment usually deposit for safekeeping.

In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately report the damage incurred to the accommodation provider upon knowledge. Furthermore, these claims must be asserted in court within three years from the knowledge or possible knowledge by the contracting party or guest; otherwise, the right is extinguished.

If the contracting party is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.

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 bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.

Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, for a special fee.

The contracting party who brings an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.

The contracting party or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.

The contracting party or their insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought along. The damage includes, in particular, those compensation payments that the accommodation provider must provide to third parties.

Animals are not permitted in the lounges, common rooms, restaurant areas, and wellness areas.

The contracting party has no claim that their stay will be extended. If the contracting party announces their wish to extend the stay in good time, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.

If the contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flood, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of 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 extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the low season.

If the accommodation contract was concluded for a fixed term, it ends upon expiration of that term.

If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they have saved as a result of the non-utilization of their services or what they have received through other rental of the ordered rooms. A saving only exists if the accommodation establishment is fully occupied at the time of non-utilization of the rooms ordered by the guest and the room can be rented to other guests due to the contracting party's cancellation. The burden of proof for the saving lies with the contracting party.

The contract with the accommodation provider ends upon the death of a guest.

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 day before the intended end of the contract.

The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest

• makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper behavior, makes cohabitation unbearable for other guests, the owner company, its staff, or third parties residing in the accommodation establishment, or commits a punishable act against property, morality, or physical safety towards these persons;

• contracts an infectious disease or a disease that extends beyond the duration of accommodation, or otherwise becomes in need of care;

• fails to pay the submitted invoices within a reasonably set period (3 days) upon maturity.

If the fulfillment of the contract becomes impossible due to an event considered as force majeure (e.g., natural events, strike, lockout, official order, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered terminated by law or the accommodation provider is released from their accommodation obligation. Any claims of the contracting party for damages etc. are excluded.

If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so themselves.

As long as the guest is unable to make decisions or their relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends at the point when the guest can make decisions or their relatives have been notified of the illness.

The accommodation provider has claims for compensation against the contracting party and the guest, or in case of death against their legal successors, particularly for the following costs:

• outstanding medical expenses, costs for patient transport, medications and medical aids;

• necessary room disinfection;

• unusable laundry, bed linen, and bed furnishings, otherwise for the disinfection or thorough cleaning of all these items;

• restoration of walls, furnishings, carpets, etc., insofar as they were contaminated or damaged in connection with the illness or death;

• room rent, insofar as the premises were used by the guest, plus any days of unusability of the rooms due to disinfection, clearance, or similar;

• any other damages incurred by the accommodation provider.

The place of performance is the location where the accommodation establishment is situated.

This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert their rights before any other locally and materially competent court.

If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, legal actions against the consumer can only be brought at the consumer's domicile, habitual residence, or place of employment.

If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court with local and material jurisdiction for the consumer's domicile for legal actions against the consumer shall have exclusive jurisdiction.

Unless the provisions stipulate otherwise, the period begins to run upon delivery of the document ordering the period to the contracting party who must observe the period. When calculating a period determined by days, the day on which the time or event falls, after which the beginning of the period is to be determined, is not included. Periods determined by weeks or months refer to the day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month shall be decisive.

Declarations must have reached the respective other contracting party on the last day of the period (midnight).

The accommodation provider is entitled to offset their own claims against the claims of the contracting party. The contracting party is not entitled to offset their own claims against the claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party has been legally established or recognized by the accommodation provider.

In the event of gaps in regulation, the corresponding legal provisions shall apply.