1. Definition of terms
1.1 The “accommodation provider” is Gerber Ges.m.b.H. & Co.KG, Reg. No. 118252a (Innsbruck District Court).
1.2 A “guest” is a natural person who makes use of accommodation provided by the accommodation provider. People who travel with the contracting party are also “guests”.
1.3 A “party” is a natural or legal person who concludes an accommodation agreement as a guest or for a guest.
2. Conclusion of contract
2.1 In the case of online booking, the accommodation agreement is concluded by the accommodation provider’s acceptance of the contracting party’s order.
In the case of an enquiry by e-mail (outside of the online booking), fax or telephone, the accommodation agreement is concluded after the accommodation provider has made an offer and the contracting party has accepted the contract.
Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to access them under normal circumstances and – with regard to the accommodation provider – receipt occurs during the business hours of the accommodation provider (daily from 9 a.m. to 6 p.m.). If receipt takes place outside the business hours of the accommodation provider, the declaration shall be deemed to have been received at the beginning of the following business hours.
2.2 The accommodation provider shall be entitled to conclude the accommodation agreement on condition that the contracting party makes an advance payment. In this case, the accommodation provider shall be required to inform the contracting party of the required advance payment before accepting the contracting party’s order. If the contracting party agrees to the advance payment (in writing or verbally), the accommodation agreement shall come into existence upon receipt by the accommodation provider of the declaration of agreement about the contracting party’s payment.
2.3 The contracting party shall be required to make the advance payment no later than the time expressly stated in the confirmation of reservation by the accommodation provider (incoming) prior to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be paid by the contracting party. Credit and debit cards are subject to the respective terms and conditions of the card companies.
2.4 The advance payment is a partial payment against the agreed fee.
3. Withdrawal from the accommodation agreement by the contracting party
3.1 If the accommodation agreement provides for an advance payment and the advance payment has not been effected by the contracting party by the deadline, the accommodation provider may withdraw from the accommodation agreement without granting an additional period.
3.2 If the guest does not arrive by 6 p.m. on the agreed arrival day at the latest, there shall be no duty of accommodation for this day, unless a later arrival time has been agreed in writing.
3.3 If the contracting party has made a down payment, however, the premises shall remain reserved until noon of the day following the agreed day of arrival at the latest. In the case of an advance payment of more than four days, the accommodation duty shall end at 6 p.m. on the fourth day, whereby the day of arrival is counted as the first day, unless the guest announces a later day of arrival.
3.4 Up to 3 months before the agreed date of arrival of the contracting party at the latest, the accommodation agreement may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration, unless otherwise agreed.
4. Withdrawal by the contracting party – cancellation fee
4.1 1 Pursuant to § 18 (1) no. 10 FAGG (Act on Distance Contracts and Off-Premises Contracts), there is no right of cancellation for this conclusion of contract pursuant to § 11 FAGG. A withdrawal by the contracting party is therefore exclusively governed by the following paragraphs.
4.2 The accommodation contract may be terminated by a unilateral declaration by the contracting party without payment of a cancellation fee up to 3 months before the agreed arrival date of the guest.
4.3 Outside the period specified in the previous paragraph, withdrawal based on a unilateral declaration by the contracting party shall be possible only with payment of the following cancellation fees:
- up to 1 month before the date of arrival, 40% of the total arrangement price;
- up to 1 week before the date of arrival, 70% of the total arrangement price;
- in the last week before the date of arrival, 90% of the total arrangement price.
5. Provision of alternative accommodation
5.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodation (of comparable quality) if this is reasonable for the contracting party and objectively justified.
5.2 An objective justification exists, for example, if the room/rooms has/have become unusable, previous guests extend their stay, there is an overbooking or other important operational measures necessitate this step.
5.3 The accommodation provider shall bear any additional expenses for the alternative accommodation.
6. Start and end of the accommodation
6.1 The contracting party shall have the right to move into the rented rooms from 3 p.m. on the day of arrival unless another reference period has been agreed separately.
6.2 If a room is occupied for the first time before 8 a.m., the previous night shall count as the first overnight stay.
6.3 The rented rooms must be vacated by the contracting party by 11 a.m. on the day of departure. The accommodation provider shall be entitled to charge for a further day if the rented rooms have not been vacated in due time.
7. Extention of accomodation
7.1 An extension of the accommodation is only possible by separate agreement. The contracting party shall have no right to extend his stay.
7.2 If the contracting party is unable to leave the accommodation facility on the scheduled day of departure because all departure options are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation agreement shall be extended automatically for the duration of the impossibility of departure. A reduction of the fee for this period shall be possible only if the contracting party is unable to make full use of the services offered by the accommodation facility due to the exceptional weather conditions. The accommodation provider shall be entitled to demand at least payment that corresponds to the price normally charged in the respective season according to the price list, but in the case of restricted usability at least payment corresponding to the price normally charged during the off-season.
8. Termination of the accommodation agreement – early cancellation
8.1 If the accommodation agreement has been concluded for a specific period, it shall end when this period expires.
8.2 If the contracting party departs prematurely, the accommodation provider shall be entitled to demand the full agreed fee. The accommodation provider shall deduct what they have saved as a result of non-use of their services or what they have received by renting the booked rooms to others. Savings shall only be deemed to have been made if the accommodation facility is fully utilized at the time of non-use of the rooms booked by the guest and the room can be rented to other guests due to the cancellation by the contracting party. The contracting party shall bear the burden of proof of the savings.
8.3 The death of a guest shall terminate the contract with the accommodation provider.
8.4 If the accommodation agreement has been concluded for an indefinite period, the contracting parties may terminate the agreement by 10 a.m. on the third day before the intended end of the agreement.
8.5 The accommodation provider shall be entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contracting party or the guest
a) uses the premises in a seriously detrimental manner, or if his inconsiderate, offensive or other grossly improper conduct towards other guests, the owner, the latter’s staff or third parties staying in the accommodation facility impairs the cohabitation or if he commits an action in relation to these persons that is subject to a penalty and violates property, decency or physical safety;
b) is afflicted by an infectious illness or an illness that extends beyond the period of accommodation, or is otherwise in need of care;
c) does not pay the invoices presented when they are due within a reasonable period (3 days).
8.6 If performance of the contract becomes impossible due to an event deemed to constitute force majeure (e.g. natural disasters, strike, lockout, official decrees, etc.), the accommodation provider may terminate the accommodation agreement at any time without a period of notice, unless the agreement is already deemed to have been terminated by law, or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. by the contractual partner shall be excluded.
9. Liability limitations
9.1 If the contracting party is a consumer, the accommodation provider’s liability for minor negligence shall be excluded, with the exception of personal injury.
9.2 If the contracting party is an entrepreneur, the accommodation provider’s liability for minor and gross negligence shall be excluded. In this case the contractual party shall bear the burden of proof for the existence of culpability. Consequential loss or damages, non-material loss or damages or indirect damages as well as lost profits shall not be compensated. The loss or damage to be compensated shall in any case be limited to the amount of the loss or damage incurred due to reliance on a declaration.
9.3 The accommodation provider shall only be liable in accordance with §§ 970 et seq. ABGB (Austrian Civil Code) for items brought in by the contracting party if the items have been handed over to persons authorized by the accommodation provider or brought to a place designated by them. The accommodation provider shall be liable in accordance with § 970 (1) ABGB only up to the amount stipulated in the Austrian Federal Act of 16 November 1921 on the Liability of Landlords and Other Entrepreneurs, as amended.
9.4 Liability for valuables, money and securities shall be governed by Section 970a ABGB, as amended. The accommodation provider may refuse to take valuables, money and securities for safe custody if the items are of considerably greater value than those normally placed in safe custody by the accommodation provider’s guests.
9.5 If the contracting party or the guest does not comply immediately with the accommodation provider’s request to deposit items in a special storage place, the accommodation provider shall be released from all liability. The amount of any liability on the part of the accommodation provider shall be limited to a maximum of the amount covered by the liability insurance. Any fault on the part of the contracting party or the guest must be taken into account. In any case of accepted storage, liability shall be excluded if the contracting party and/or guest fails to notify the accommodation provider immediately about the loss or damage as soon as it becomes known.
10. Keeping animals
10.1 Animals may only be brought into the accommodation facility with the express prior consent of the accommodation provider and for a special fee. Such consent shall not normally be granted.
10.2 A contracting partner who brings an animal with him shall be required to keep or supervise the animal properly during his stay or to have it kept or supervised at his expense by suitable third parties.
10.3 The contracting party or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
10.4 The contracting party or their insurer shall be jointly liable to the accommodation provider for any loss or damage caused by animals brought in. In particular, the loss shall also include the accommodation provider’s substitute services that the accommodation provider is required to provide to third parties.
10.5 Animals are not permitted in the restaurant areas and wellness areas etc. under any circumstances.
11. Place of performance, choice of law and place of jurisdiction
11.1 The place of performance shall be A-6183 Kühtai.
11.2 This agreement shall be subject to Austrian law with the exclusion of the rules of international private law (in particular IPRG) and the UN Convention on Contracts for the International Sale of Goods.
11.3 The exclusive place of jurisdiction for bilateral business transactions shall be the court in A-6020 Innsbruck competent in subject matter. The accommodation provider shall also be entitled to assert their rights before any other court that has competence in terms of location and subject matter.
11.4 If the accommodation agreement has been concluded with a contracting party who is a consumer and whose place of residence or habitual abode is in Austria, an action against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.
11.5 If the accommodation agreement was concluded with a contracting party who is a consumer and resides in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court that has jurisdiction relating to the consumer’s place of residence for actions brought against the consumer in terms of location and subject matter shall have exclusive jurisdiction.
12.1 The accommodation provider shall be entitled to offset their own claims against claims of the contracting party. The contracting party shall not be entitled to set off his own claims against those of the accommodation provider unless the latter is insolvent or the contracting party’s claim has become res judicata or is accepted by the accommodation provider.
12.2 The contracting party must observe the edition of the house rules exhibited at the place of accommodation.