General terms and conditions
„MOOSHAUS – WINTERRESORT“
1.1 “Proprietor” is the Hotel Mooshaus GmbH und Co KG, FN 118252a. (LG Innsbruck).
1.2 “Guest” is a natural person who makes use of accommodation provided by the Proprietor. Guest” shall also mean those persons who arrive with the Party.
1.3 “Party” means a natural or legal person who enters into an Accommodation Agreement as a Guest or on behalf of a Guest.
2. Conclusion of contract
2.1 In the case of online booking, the accommodation contract shall be concluded by the acceptance of the contracting party’s order by the accommodation provider.
In the event of an inquiry via e-mail (outside of online booking), by fax or telephone, the accommodation contract shall come into effect after the offer has been submitted by the Berherberger and the contract has been accepted by the Party.
Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and – with regard to the Proprietor – access takes place during the Proprietor’s business hours (daily from 9 a.m. to 6 p.m.). If the notice is received outside the business hours of the Proprietor, the notice shall be deemed received at the beginning of the following business hours.
2.2 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 Party’s order. 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 consent to the payment of the down payment.
2.3 The Party shall be obliged to pay the deposit at the latest by the date expressly stated in the confirmation of reservation by the Proprietor (received) prior to the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective conditions of the card companies apply.
2.4 The deposit is a partial payment on the agreed fee.
3. Withdrawal from the Accommodation Agreement by the Party
3.1 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.
3.2 If the guest does not appear by 6 p.m. at the latest on the agreed day of arrival, there is no obligation to provide accommodation for that day, unless a later time of arrival has been agreed in writing.
3.3 If the contracting party has paid a deposit, 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 obligation to accommodate shall end from 6 p.m. of the fourth day, whereby the day of arrival shall be counted as the first day, unless the Guest gives notice of a later day of arrival.
3.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by unilateral declaration no later than 3 months before the agreed date of arrival of the Party, unless otherwise agreed.
4. Withdrawal by the contracting party – cancellation fee
4.1 Pursuant to Section 18 (1) (10) FAGG (Federal Act on Distance Selling and Contracts concluded outside of Business Premises), there is no right of withdrawal pursuant to Section 11 FAGG for this conclusion of contract. A withdrawal of the contracting party is therefore exclusively governed by the following paragraphs.
4.2 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract can be terminated without payment of a cancellation fee by unilateral declaration by the contracting party.
4.3 Outside the period specified in the previous paragraph, cancellation by unilateral declaration of the Contractual Partner is possible only upon payment of the following cancellation fees:
- up to 1 month before the day of arrival 40% of the total arrangement price;
- up to 1 week before the day of arrival 70 % of the total arrangement price;
- in the last week before the arrival date 90% of the total arrangement price.
EXCEPTION: If you have booked our Non Refundable Rate, it is not cancelable or changeable. In case of cancellation or no-show, 100% of the cost will be retained.
5. Provision of substitute accommodation
5.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of comparable quality) if this is reasonable and objectively justified for the Party.
5.2 An objective justification is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
5.3 Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
6.Start and end of the accommodation
6.1 The contracting party has the right to occupy the rented rooms from 3 p.m. on the day of arrival, unless another occupation time has been agreed separately
6.2 If a room is used for the first time before 8:00 a.m., the previous night shall count as the first overnight stay
6.3 The rented rooms are to be vacated by the contracting party by 11 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.
7. Extension of the accommodation
7.1 An extension of the accommodation is only possible by separate agreement. The contracting party has no right to have his stay extended.
7.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), all departure options shall be blocked or unusable, the accommodation agreement shall 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 use the offered services of the accommodating establishment in their entirety due to the extraordinary weather conditions. The Berhberger is entitled to demand at least the fee that corresponds to the usually charged price in the respective season according to the price list, but in case of limited usability at least the fee corresponding to the usually charged price in the low season.
Beendigung des Beherbergungsvertrages – Vorzeitige Auflösung
8.1 Wurde der Beherbergungsvertrag auf bestimmte Zeit abgeschlossen, so endet er mit Zeitablauf
Termination of the Accommodation Agreement – Early Termination
8.1 If the Accommodation Agreement was concluded for a definite period of time, it shall terminate upon the expiry of time.
8.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The accommodation provider shall deduct what it saves as a result of the non-utilization of its service offer or what it has received by renting the ordered rooms to another party. 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 room 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.
8.3 The death of a Guest shall terminate the Agreement with the Proprietor.
8.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract until 10:00 a.m. of the third day before the intended end of the contract.
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) makes considerably disadvantageous use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, his people or third parties residing 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 extends 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 period (3 days).
8.6 If the performance of the Agreement becomes impossible due to an event to be considered as force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated according to the law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
9. Limitations of liability
9.1 If the Party is a consumer, the Proprietor’s liability for slight negligence shall be excluded, with the exception of personal injury.
9.2 If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the 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.
9.3 DThe accommodation provider shall only be liable for the items brought in by the contracting party pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) if the items have been handed over to the persons authorized by the accommodation provider or have been brought to a place instructed by the latter. The Proprietor shall be liable pursuant to Section 970 (1) 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.
9.4 Liability for valuables, money and securities shall be governed by § 970a ABGB as amended. The accommodation provider may refuse the safekeeping of valuables, money and securities if the items are considerably more valuable than guests of the accommodation provider usually leave in safekeeping.
9.5 If the Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their items 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. Any fault on the part of the contracting party or guest shall be taken into account. In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred from the time of knowledge thereof.
10. Keeping of animals
10.1 Animals may only be brought into the accommodating establishment with the express prior consent of the Proprietor and, if applicable, against special remuneration. In principle, such consent shall not be granted.
10.2 The Party taking an animal with it shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its expense.
10.3 The contracting party or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. The proof of the corresponding insurance is to be provided upon request of the accommodation provider.
10.4 The contracting party or its insurer shall be jointly and severally liable to the accommodation provider for damage caused by the animals brought along. The damage also includes in particular those compensation payments of the Proprietor, which the Proprietor has to provide to third parties.
10.5 In the restaurant rooms and wellness areas, etc., animals are not allowed to stay under any circumstances.
11. Place of performance, choice of law and place of jurisdiction
11.1 Place of performance is A-6183 Kühtai.
11.2 This agreement shall be governed by Austrian law, both formally and substantively, to the exclusion of the rules of private international 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 competent court in A-6020 Innsbruck. The Proprietor shall furthermore be entitled to assert its rights at any other local and competent court.
11.4 If the accommodation contract was concluded with a contracting party who is a consumer and has its domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer’s domicile, habitual residence or place of employment.
11.5 If the Accommodation Agreement has been concluded with a Contractual Partner who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.
12.1 The Proprietor shall be entitled to set off its own claims against the Party’s claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Party’s claim has been determined by a court or acknowledged by the Proprietor.
12.2 The Contractual Partner shall observe the house rules in the respective version posted in the accommodating establishment.