General terms and conditions (GTC) for the Berghotel Malta of VERBUND Tourismus GmbH
1. Scope of the general terms and conditions
1.1. These terms and conditions apply to all contracts concluded between VERBUND Tourismus GmbH ("VERBUND") as the management company of Berghotel Malta ("Berghotel") with third parties ("contracting partner" or "guest"). The services consist in particular of renting rooms for accommodation, as well as for all other related services from VERBUND ("accommodation contract" or "contract").
1.2. Deviating conditions of the contractual partner or changes and / or additions to the general terms and conditions by the contractual partner are irrelevant and not valid unless VERBUND expressly agrees to their validity.
2nd Conclusion of contract / reservation
2.1. By making a reservation or booking, the contractual partner offers to conclude an accommodation contract. If the booked room is available, the contractual partner will receive a reservation confirmation. This acceptance of the reservation made by the contractual partner results in a booking or accommodation contract between VERBUND and the contractual partner, subject to acceptance of these terms and conditions by the contractual partner.
2.2. Offers regarding available rooms are subject to change and non-binding. VERBUND can refuse to conclude an accommodation contract at its own discretion.
2.3. There is no entitlement to use the overnight service in a specific room.
2.4. VERBUND reserves the right to define industry-specific restrictions such as minimum stays, booking guarantees, credit card authorizations or down payments for certain data. In this case, VERBUND must notify the contractual partner of this before the contract is concluded or the reservation is made.
2.5. All reservations, changes and cancellations must be in writing, whereby electronic transmission by email is also permitted.
3.1. The prices stated or agreed by VERBUND at the time of the conclusion of the contract apply.
3.2. Other services offered in the Berghotel that are not included in the accommodation contract or in the contract are offered at the prices shown in the Berghotel and charged to the guest or contract partner.
3.3. The applicable prices are gross prices and, unless otherwise specified, include all statutory taxes, fees and charges. If local taxes, such as the local tax, are charged in addition to the room price, VERBUND will point this out in advance and also in the reservation confirmation.
4th Terms of payment
4.1. The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred as a result of separate use of services by him and / or the guests accompanying him plus statutory sales tax at the latest at the time of departure.
4.2. In the case of group bookings, separate terms of payment apply, to which the contractual partner is referred and which can be found in the respective contract or reservation confirmation.
4.3. If a deposit has already been paid before arrival, only the remaining amount of the booked service and other services used will be charged on departure. If the booked service has already been paid for by credit card, only the fee for additional services used will be charged upon departure.
4.4. Offsetting by the contractual partner is excluded unless the offsetting concerns an undisputed or legally established claim.
4.5. Valid means of payment are cash in euros, EC card, MasterCard Visa Card.
4.6. The contractual partner refuses to pay the conditional fee or is
if he is in arrears, VERBUND has the statutory right of retention in accordance with Section 970c ABGB and the statutory lien in accordance with. § 1101 ABGB to the things brought in by the contractual partner or the guest.
4.7. VERBUND is also entitled to this right of retention or lien to secure its claim from the accommodation contract, in particular for meals, other expenses made for the contracting party and for any claims for compensation of any kind.
5. Options for using reserved rooms / rights of the contractual partner
5.1. Unless otherwise agreed, reserved rooms are available to the contractual partner from 2:00 p.m. on the day of arrival and until 11:00 a.m. on the day of departure. VERBUND is entitled to spend another day in Invoice if the booked room is not cleared on time is.
5.2. By concluding the accommodation contract, the contractual partner acquires the right to the usual use of the booked rooms, the facilities of the mountain hotel, which are accessible to guests in the usual way and without special conditions, and to the usual service.
5.3. The guest or contractual partner must exercise his rights in accordance with any hotel and / or guest guidelines (house rules).
5.4. Upon request and depending on availability, a later departure (late check-out) can be arranged in advance with VERBUND. If VERBUND agrees to a late check-out, an amount of € 20.00 will be charged for the additional use of the room. For departures that take place after 6:00 p.m., the full daily price of the room will be charged. There is no accommodation contract claim to a late check-out.
5.5. The guest or contractual partner is not entitled to have their stay extended. If the contractual partner announces his wish to extend the stay in good time, VERBUND can agree to the extension. VERBUND has no obligation to do this.
5.6. If the contractual partner cannot leave the Berghotel on the day of departure because all unforeseen circumstances (e.g. extreme snowfall, flooding, etc.) block all departure options (access road) or cannot be used, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner cannot fully use the services offered by the mountain hotel due to the extraordinary weather conditions. VERBUND is entitled to request at least the fee that corresponds to the price usually charged in the off-season.
6. Resale / rental / brokerage
6.1. The resale / rental and / or the transfer of booked rooms is prohibited. In particular, the transfer of rooms to third parties at prices higher than the actual prices is not permitted. The assignment or sale of the claim against VERBUND is also not permitted. In these cases, VERBUND is entitled to cancel the booking or the accommodation contract, in particular if the contracting party has given the third party untrue information about the type of booking or payment. Use of the room for purposes other than accommodation is expressly prohibited.
7. Liability / compensation
7.1. VERBUND is generally liable to a contractual partner who is a consumer within the meaning of the KSchG, with the exception of personal injury, not in the event of slight negligence. In relation to a contractual partner who is an entrepreneur, VERBUND is generally only liable in the event of gross negligence and intent, whereby the burden of proof rests with the entrepreneur and consequential, immaterial and lost profits are never replaced.
7.2. Should disruptions or defects occur in VERBUND's services, VERBUND will endeavor to remedy the situation if the contract partner becomes aware of it or if the complaint is made immediately. The contractual partner is obliged to make reasonable contributions to remedy the malfunction and to keep possible damage to a minimum. For the rest, the contractual partner is obliged to inform VERBUND in good time about the possibility of causing extraordinarily high damage.
7.3. VERBUND is liable for the items brought in by the contractual partner in accordance with the statutory provisions.
7.4. VERBUND is only liable if the items have been handed over to VERBUND or to the mountain hotel or to the people authorized by VERBUND or to the mountain hotel or have been brought to a location instructed or designated by them. If VERBUND is unable to prove this, VERBUND is liable for its own fault or the fault of its people as well as of the outgoing and incoming persons.
7.5. If the contractual partner or the guest does not promptly comply with VERBUND's request to deposit their items in a special storage location, VERBUND is released from any liability. The amount of any liability by VERBUND is limited to a maximum of VERBUND's liability insurance sum for the Berghotel. The fault of the contractual partner or the guest must be taken into account.
7.6. Valuables can be deposited in the safe of the mountain hotel free of charge, depending on free capacity. For valuables and cash stored in the hotel safe (reception) there is a maximum liability of EUR 500. VERBUND is only liable for any further damage if it has taken over these items for safekeeping or if the damage occurred was in debt by himself or one of his people.
7.7. VERBUND can refuse the safekeeping of valuables and money if the items are much more valuable than guests of the mountain hotel usually keep.
7.8. Liability is excluded in any case of the storage taken over if the contractual partner and / or the guest does not notify VERBUND immediately of the damage that has occurred. In addition, these claims must be asserted in court within three years of the knowledge or possible knowledge of the contract partner or guest; otherwise the right has expired.
7.9. Items left behind by the contractual partner, insofar as they exceed a visible value of EUR 10.00, will only be forwarded upon request at the latest 14 days after the stay at the request, risk and expense of the contractual partner. Afterwards, the items, if there is no discernible value, will be handed over to the lost property office or disposed of.
7.10. Regular internet use is possible free of charge in the hotel and in the event area. The inoperability or the failure of the management do not constitute a reason for reducing the invoice or any kind of liability basis towards VERBUND.
7.11. The contractual partner is liable to VERBUND for any damage caused by him or the guest or other persons who receive services from VERBUND with the knowledge or will of the contractual partner.
8th. Withdrawal from the accommodation contract / cancellation / early termination
8.1. In the case of online bookings or contracts which are concluded by means of distance selling, the right of the contract partner to withdraw is excluded within 14 days of the conclusion of the contract.
8.2. If the accommodation contract provides for a down payment and the down payment was not made by the contractual partner on time, VERBUND can withdraw from the accommodation contract without a grace period.
8.3. If the guest does not show up by 7:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
8.4. If the contractual partner has made a down payment, the rooms remain until 10 a.m. on the agreed arrival day at the latest
reserved the following day. If payment is made in advance of more than four days, the accommodation obligation ends at 6:00 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
8.5. VERBUND is entitled at any time to extraordinarily withdraw from the contract for a materially justifiable reason, for example if (i) force majeure or other circumstances for which VERBUND is not responsible make it impossible to fulfill the contract; (ii) rooms are booked with misleading or false information of essential facts, eg in the person of the guest or the purpose; (iii) VERBUND has reasonable grounds to believe that the use of the hotel services can jeopardize the smooth running of the business without this being attributable to the domain or organizational area of the hotel, or (iv) there is a material breach of these terms and conditions.
8.6. VERBUND must notify the contract partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after the reason becomes known (email is sufficient). The termination of the contract by VERBUND does not constitute grounds for the contractual partner's claims for damages or other compensation payments. A claim by VERBUND for compensation for damage incurred and the expenses incurred by it remains unaffected in the event of a justified termination of the contract.
8.7. The contractual partner can withdraw from the accommodation contract under the following conditions:
a. A reservation or booking with "free cancellation" can be canceled free of charge up to 6:00 p.m. on the day of arrival by specifying the reservation number. A cancellation is not possible after 6 p.m. and VERBUND retains the right to the agreed remuneration less any expenses saved.
b. In the case of reservations or bookings made other than under a), the cancellation conditions communicated in advance and recorded in the reservation confirmation apply.
c. Section 13 applies to group bookings.
8.8. If the guest or the contractual partner leaves prematurely, VERBUND is entitled to demand the full agreed fee. VERBUND will deduct what it saves as a result of not using the service or what it has obtained by renting the booked room to someone else. Savings are only available if VERBUND is fully utilized at the time the guest booked the room is not used and the room can be rented to other guests due to the cancellation of the guest or contractual partner. The guest or the contractual partner bears the burden of proof of the savings.
8.9. VERBUND is also entitled to terminate the accommodation contract prematurely for an important reason. An important reason exists in particular if (i) force majeure such as strikes, official measures or other circumstances for which VERBUND is not responsible and which make the fulfillment of the accommodation contract impossible; the (ii) rooms are booked culpably with misleading or false information or concealment of essential facts; the identity of the contractual partner, the solvency or the purpose of the stay may be essential, (iii) VERBUND has reasonable grounds to assume that the use of the service may jeopardize the smooth running of the business, the security or the reputation of VERBUND and its mountain hotel in public, without this being attributable to the domain or organizational area of VERBUND; (iv) the purpose or reason for the stay is illegal; or (v) in the case of resale / rental and / or brokering (see Section 6).
8.10. If the accommodation contract is based on certain circumstances for which VERBUND is not responsible in accordance with 8.9. lit (i) is terminated prematurely, the contractual partner does not have to pay any remuneration for the services not used or a remuneration already paid is reimbursed accordingly by VERBUND. Any claims for damages are excluded.
8.11. In the event of early dissolution from the others under 8.9. for the stated reasons, the contractual partner must pay the agreed fee for the booked service or it will not be refunded. In addition, the contractual partner is obliged to pay compensation including lost profit.
9.1. A valid voucher for accommodation in a mountain hotel can be redeemed in accordance with these terms and conditions.
10.1. In the public areas of the mountain hotel, the consumption of food and drinks brought along is prohibited. It is not possible to take breakfast items with you. The preparation of dishes is prohibited in the rooms.
11. No smoking in the mountain hotel
11.1. Smoking is strictly prohibited in the buildings of the mountain hotel. In the event of disregard, the cleaning and, in the event that the affected rooms are unusable or not rentable, the loss of earnings associated therewith will be asserted.
12.1. Bringing a pet requires the consent of VERBUND. The guest is obliged to announce the wish to bring a pet in advance. If VERBUND agrees to bring the pet with it, this is subject to the condition that the pet is under the constant supervision of the guest or a suitable third party, is free of disease and does not pose any other danger to hotel guests and hotel staff.
12.2. In addition, the contractual partner or the guest must have animal liability insurance or private liability insurance that also covers possible damage caused by animals. Corresponding proof must be presented to VERBUND upon request.
12.3. Carrying the animal into the restaurant area and at the bar of the mountain hotel is permitted, provided that the freedom of movement of other guests is not disturbed or impaired (see especially 12.1.). Animals are not allowed in the wellness area and in the breakfast room (buffet area). A fee will be charged for the pet upon reservation. However, blind, deaf and other comparable service dogs are an exception. These can be carried free of charge and at any time.
12.4.It is not allowed to have more than one pet in a room. The number is limited with one larger, maximum 2 smaller dogs per room.
13. Group bookings
13.1. For group bookings, separate payment and cancellation terms apply, which result from the corresponding contracts or the reservation confirmation.
14.1. VERBUND only collects personal data of the contracting partner or the guest when processing the contract if this is necessary for the execution of the contract and if it is required by law. Further information on data processing can be found in VERBUND's data protection declaration, available at www.berghotelmalta.at.
15. Place of performance / choice of law / place of jurisdiction / other
15.1. The place of performance is Brandstatt 36, Kölnbreinsperre, A-9854 Malta.
15.2. The place of jurisdiction for all disputes arising from or in connection with the accommodation contract or contract is the competent court for Vienna, Inner City; for lawsuits against a contractual partner or guest who is a consumer within the meaning of the KSchG, the place of jurisdiction for residence, habitual residence or place of employment applies in accordance with § 14 KSchG.
15.3. Only the substantive Austrian law is to be applied to the terms and conditions and the accommodation contract, but not the provisions of the United Nations Convention on Contracts for the International Sale of Goods and the non-mandatory reference standards of private international law; Referrals or referrals are excluded.
15.4. Should a provision of these terms and conditions be / become ineffective or unenforceable, the remaining part of these terms and conditions will not be affected. The remaining parts of the accommodation contract remain binding. In place of the ineffective or unenforceable provision - except for consumers in the sense of the KSchG - an effective or feasible provision that comes closest to the ineffective or unenforceable in legal and economic terms.
15.5. Changes and additions to the accommodation contract or contract or the terms and conditions must be in text form. Unilateral changes or additions by the contractual partner are invalid.
January 11th, 2021