General terms and conditions of business

§ 1 Scope of Application

The following General Terms and Conditions apply to all offers, reservations and contracts relating to all accommodations rented by Fährhaus Austria GmbH.

§ 2 Definition of terms

Proprietor: Is a natural or legal person who accommodates guests for a fee.

Guest: is a natural person who makes use of accommodation. The guest is usually also a contracting party. A guest is also a person who persons who arrive with the contracting party. (e.g.: Family members, friends, etc.)

Contractual partner: Is a natural or legal person of the inland or foreign country, which concludes as aguest or for a guest concludes an accommodation contract.

Accommodation Agreement: is the agreement concluded between the Proprietor and the Party. the contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of Contract - Deposit

The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to retrieve them under ordinary circumstances and the receipt takes place during the announced business hours of the Proprietor.

After the start of the trip, the accommodation may not be handed over for use to persons other than those named in the contract, or the use may be assigned, unless this is stipulated in writing between the parties. Until the start of the trip, you may request that third persons enter into the rights and obligations arising from the contract. In this case, you and the new tenant are jointly and severally liable for the travel price as well as the additional costs. In this case, a lump sum of € 15,-- will be owed for administrative expenses and corresponding costs.

The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party's declaration of agreement on the payment of the down payment. The down payment is a partial payment of the agreed fee.

§ 4 Prices

With the written booking confirmation you are obliged to pay the price shown. Only the travel price shown in this confirmation is binding for the booking. Discounts and/or special offers can no longer be used once the reservation confirmation has been sent. These must be mentioned (by telephone) or entered (by Internet) when making the reservation.

All prices include VAT unless otherwise stated.

If the value added tax increases after conclusion of the contract and the more than four months later beginning of the journey due to changed legal regulations, then the travel price increases then also by the same percentage as the value added tax increase.

In addition to the travel price, the costs for final cleaning and linen package (bed linen and hand / bath towels) (mandatory), the locally determined tourist tax and / or other fees and any travel cancellation insurance to be taken out separately before arrival or on site to pay.

§ 5 Start and end of the accommodation

The Party shall have the right, if the Proprietor does not offer a different time of occupancy, to occupy the to occupy the rented rooms from 4.00 p.m. on the agreed day ("arrival day").

If a chalet/apartment is occupied for the first time before 6.00 a.m., the previous night shall count as the first night. Previous night counts as the first overnight stay. The rented rooms are to be vacated by the contracting party by 10:00 a.m. on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.

§ 6 Payments and deposit

When reserving a rental property, 30% of the total amount must be paid in advance. The remaining amount of the rental object must be received at the latest 30 days before the beginning of the stay, on the account of the respective facility.

For reservations within 4 weeks before the beginning of the stay, the total amount must be paid immediately upon confirmation of the reservation within 14 days. In case of late payment, Fährhaus Austria GmbH will send a reminder letter and you will have the opportunity to make payment within 7 days. If no payment is made even after the expiration of this period, the accommodation provider may withdraw from the contract and you will be fully liable for the damage incurred, including the costs incurred in connection with the reservation and cancellation of the contract. Amounts already paid will be offset against these cancellation fees and any compensation due for other expenses. The accommodation provider requires the payment of a deposit in the amount of € 350.00 per accommodation unit at the beginning of the stay. In case of non-payment, the tenant and his roommates may be denied the use of the accommodation.

If you are late with the payment of the deposit, the accommodation provider is entitled to withdraw from the contract with immediate effect (cancellation).

The deposit amount will be returned after departure if you leave the accommodation in order and without any damage. Possible claims for damages are not extinguished by the refund of the deposit.

§ 7 Withdrawal from the accommodation contract

Withdrawal by the Proprietor:

If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period. If the guest does not show up by 9:00 p.m. on the agreed day of arrival, there shall be no obligation to accommodate the guest unless a later time of arrival has been agreed. If the contracting party has made an advance payment, on the other hand, the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In case of advance payment of more than

four days, the accommodation obligation ends from 6 p.m. of the fourth day, the arrival day being counted as the first day, unless the guest gives notice of a later arrival day. Up to 3 months prior to the agreed day of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor, for factually justified reasons, unless otherwise agreed, by unilateral declaration.

Cancellation by the Party:

Up to 1 month before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated by the contracting party by unilateral declaration without payment of a cancellation fee.

Outside this period, withdrawal by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:

Cancellation conditions:

Winter 2023/24

free cancellation until 30 days before arrival

29 - 14 days before arrival 70%

13 - 7 days before arrival 90%

from 6 days before arrival and no-show 100%.

Summer 2023, 2024

free cancellation up to 30 days before arrival

29 - 14 days before arrival 70%

13 - 7 days before arrival 90%

6 days or more before arrival and no-show 100%.

Obstructions on the day of arrival:

If the contracting party cannot appear at the lodging establishment on the day of arrival because all possibilities of arrival are impossible due to unforeseeable extraordinary circumstances (e.g.: extreme snowfall, floods, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

§ 8 Keeping of animals
Animals are allowed but must be registered



§ 9 Force majeure

Force majeure on the part of the accommodation provider shall be deemed to exist if the performance of the contract is - possibly temporarily - prevented

temporarily - is prevented in whole or in part by circumstances beyond the control of the Proprietor, for example, among others, threat of war, labor strikes, blockades, fire, flooding and other disturbances or events.

§ 10 Obligations of the Party

The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by the Party and/or the guests accompanying the Party plus statutory value-added tax by the time of departure at the latest.

The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the daily exchange rate where possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, e.g. inquiries with credit card companies, etc. The Party shall be liable for all costs incurred by the Proprietor in connection therewith. The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor's services with the knowledge or will of the Party.

§ 11 Rights of the Party

By entering into an accommodation agreement, the Party acquires the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions available for use by the guests, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest regulations (house rules).

§ 12 Obligations of the Proprietor

The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard. Special services of the Proprietor which are not included in the accommodation fee and which are subject to award are exemplary:

(a) special accommodation services which may be charged separately, such as the provision of sauna, indoor swimming pool, solarium, etc.

b) a reduced price will be charged for the provision of additional beds or cribs.

§ 13 Rights of the Proprietor

If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind. The Proprietor shall have the right to invoice or interim invoice its performance at any time.

§ 14 Limitation of liability

If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury. If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the contracting party shall bear the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.

§ 15 Liability of the Proprietor for Damage to Items Brought into the Accommodation

The Proprietor shall be liable pursuant to Sections 970 et seqq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof, the Proprietor shall be liable for its own fault or the fault of its people as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to Section 970 (1) of the Austrian Civil Code (ABGB) at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Party or the Guest fails to immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contract partner or guest shall be taken into account. The liability of the Proprietor shall be excluded for slight negligence. If the contractual partner is an

entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances. The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall be liable for any damage exceeding this amount only in the event that he has taken over these items for safekeeping in the knowledge of their condition or in the event that the damage was caused by himself or one of his employees. The Proprietor may refuse to store valuables, money and securities if the items in question are considerably more valuable than those usually given into safekeeping by guests of the accommodation facility concerned. In any case of

assumed safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage that has occurred as of the time of knowledge thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.

§16 Termination of the Accommodation Agreement

Premature termination: If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of the term. If the Party departs prematurely, the Proprietor shall be entitled to demand the fully agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its service offer or what it has received by renting the ordered rooms to other parties. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of the non-utilization of the rooms ordered by the guest and the rooms can be rented to additional guests due to the cancellation of the contract partner. The burden of proof of the savings shall be borne by the Contractual Partner. The death of a guest terminates the contract with the accommodation provider.

The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest

a) makes a considerably disadvantageous use of the premises or by its

or by his inconsiderate, offensive or otherwise grossly improper behavior to the other guests, the owner

the owner, the owner's people or third parties living in the accommodating establishment, or is guilty of a punishable act against property, morality or physical safety towards these persons;

b) is afflicted with a contagious disease or a disease that exceeds the duration of the accommodation

beyond the period of accommodation, or otherwise becomes in need of care;

c) fails to pay the submitted invoices when due within a reasonably set time limit (3 days).

If the fulfillment of the contract is prevented by an event considered as force majeure (e.g.:

Elementary events, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, provided that the Agreement is not already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.

§17 Illness or death of the guest

If a guest falls ill during his stay in the accommodating establishment, the Proprietor shall arrange for medical care at the request of the guest. If there is imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself. As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest's expense. However, the scope of such care shall end at the time when the guest is able to make decisions or

the relatives have been notified of the illness. The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:

a) outstanding medical expenses, costs for ambulance transport, medication and medical aids

b) room disinfection that has become necessary,

c) laundry, bed linen and bed furnishings that have become unusable, otherwise for the

disinfection or thorough cleaning of all these items

d) restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,

e) room rent, insofar as the room was used by the guest, plus

possible days of unavailability of the rooms due to disinfection, evacuation, etc,

f) any other damages incurred by the Proprietor.

§ 18 Miscellaneous

Unless the above provisions provide otherwise, the running of a term shall commence upon delivery of the document setting the term to the contracting parties, who shall observe the term. If the term is calculated in days, the day in which the time or the event falls, according to which the term is to begin, shall not be counted. Time limits determined by weeks or months shall refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month shall be decisive. Declarations must be received by the other party on the last day of the term (midnight). The Proprietor shall be entitled to set off its own claims against the claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor.

of the Proprietor, unless the Proprietor is insolvent or the claim of the Party has been determined by a court or acknowledged by the Proprietor. In the event of regulatory gaps, the relevant statutory provisions shall apply.

Obvious printing errors do not bind the Fährhaus Austria GmbH. With these general terms and conditions, all previous publications become invalid. Fährhaus Austria GmbH stores personal data, which is used for internal guest management as well as for information and offers.

§ 19 Complaints

Despite the best efforts of Fährhaus Austria GmbH, you may have a complaint. This complaint must be brought to the attention of the staff immediately so that they have the opportunity to take remedial action. Your complaint will be handled with the utmost care.

§ 20 Place of performance

Place of jurisdiction and choice of law The place of performance is the place where the accommodation facility is located. This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (esp. IPRG and EVÜ) and UN sales law. The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor.

the Proprietor shall also be entitled to assert its rights at any other local court having jurisdiction over the subject matter.