General Terms and Conditions for the Hotel Accommodation Contract

for the Austrian hotels of the Dorint Hotels & Resorts and HOMMAGE LUXURY HOTELS COLLECTION brands

I. Scope of application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided to the customer by the respective hotel, whereby the term "hotel" here means all "Dorint" and "Hommage" hotels located in the Republic of Austria, irrespective of the operator (hereinafter each of them referred to as "hotel"). Operators in this sense may be Dorint Hotels Betriebs GmbH (AG Köln, HRB 119364) or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), a company affiliated with them in accordance with § 15 AktG, a licensee of the aforementioned or a third party whose hotel operation is managed by one of the aforementioned operators for the account of a third party. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form.
3. General terms and conditions of the customer shall only apply if this has been expressly agreed in advance in text form.
4. customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of the KSchG.

II. Conclusion of contract, contract partners; limitation period
1. The contract is concluded upon acceptance of the customer's application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel's offer. The room booking is confirmed by the hotel in text form. In the case of bookings made via the hotel's own website, the contract is concluded by clicking on the "BOOK WITH PAYMENT" button.
2. The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, the customer shall be liable to the hotel together with the third party as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All reciprocal claims between the customer or the third party on the one hand and the hotel on the other shall become time-barred 3 years after knowledge of the claim.

III. Services, prices, payments, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be increased or reduced accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds 2 months (§ 6 para. 2 no. 4 KSchG).
3. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the duration of the customer's stay requested by the customer dependent on the price for the rooms or for the hotel's other services being increased.
4. Invoices of the hotel without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of 9.2 percentage points above the prime rate or, in the case of legal transactions involving a consumer, 4 percentage points above the prime rate. In addition, the hotel may charge a fee of €5 per reminder in the event of default. The hotel reserves the right to prove and assert higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
6. In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. The customer may only offset a legally binding claim against a claim of the hotel. Consumers, on the other hand, are permitted to offset claims that have been recognized by the hotel or established by a court, provided that these are legally related to the hotel's claim (§ 6 para. 1 no. 8 KSchG).
8. The customer agrees that the invoice may be sent to him electronically.

IV. Withdrawal of the customer (cancellation) / non-utilization of the hotel's services (no show)
1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these GTC, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination must be in text form.
2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract (option), the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms cannot be rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed.
4. If the hotel calculates the compensation specifically, the maximum amount of compensation shall be the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
5. The above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without notifying the hotel in good time (no show).
6. The hotel is entitled to charge the guest the agreed remuneration less the flat-rate expenses saved and to withhold it from the deposit, insofar as this has been paid.

V. Withdrawal from the contract by the hotel
If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal within 2 weeks upon inquiry by the hotel. If the guest fails to act within this period, the hotel is entitled to withdraw from the contract. This applies accordingly if an option has been granted, if other inquiries have been received and the customer is not prepared to make a firm booking after the hotel has set a deadline of 2 weeks.
2. If an agreed advance payment or security deposit or one demanded in accordance with III. clause 5 is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if ...

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are culpably booked with misleading or false information or concealment of material facts (e.g. in the person of the customer, solvency or the purpose of the stay);
• the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
• there is a breach of I. Clause 2 exists;
• the hotel has issued a house ban to the guest.

4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. Room provision, handover and return
1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival at the earliest. Booked country houses/apartments are available to the customer from 5 p.m. on the agreed day of arrival at the earliest. The customer is not entitled to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. The country houses/apartments must be made available to the hotel by 10.00 a.m. at the latest on the agreed day of departure. Thereafter, in the event of late vacating of the room/country house or apartment, the hotel may charge 50% of the currently valid daily room rate for its use in excess of the contract until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee. Furthermore, the hotel reserves the right to prove and assert higher damages.

VII. Liability of the hotel
1. The hotel shall be liable for personal injury and damage to property caused intentionally or through gross negligence by the hotel or its vicarious agents. Insofar as the injured party is a consumer, the hotel shall also be liable for slight negligence in the event of personal injury (§ 6 para. 1 no. 9 KSchG). However, the exemption from liability for slight negligence standardized in this provision does not apply in the event of a breach of a material contractual obligation. In the event of a breach of a material contractual obligation, liability shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions of §§ 970 ff. ABGB. Accordingly, the hotel shall only be liable for valuables, money and securities up to an amount of € 550, unless the hotel has accepted these items for safekeeping with knowledge of their nature or the damage was caused by the hotel itself or by persons acting on its behalf. If the guest wishes to bring in money, securities, valuables or other items with a value of more than € 550, this requires a separate storage agreement with the hotel. Storage in the hotel or room safe is generally recommended. For any further liability of the hotel, the above provision pursuant to VII. clause 1.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot - even for a fee - this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with VII. clause 1.
4. Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for customers are also handled with the utmost care. The hotel shall be responsible for delivery and storage (in each case at the hotel) and - on request - for forwarding the same for a fee. VII. clause 1 applies accordingly.

VIII. Intangible rights of the hotel
1. the use of logos/pictures of the hotel in any form by the customer always requires prior written consent. If a publication is made without the corresponding consent, the hotel is entitled to withdraw from the contract. The customer shall be liable to the hotel for any damages arising from the use and withdrawal.
2. should the customer engage a photographer, prior written permission is always required. Private photographs taken during the stay at the hotel are permitted for private use only. The commercial use of photographs is only permitted after prior consultation and with the written permission of the hotel. Otherwise, the hotel reserves the right to take legal action.

Status: September 2024