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
1. These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided to the Customer by the respective hotel, whereby "Hotel" here refers to all "Dorint" and "Hommage" Hotels located in the Republic of Austria, regardless of the operator (hereinafter each of them referred to as "Hotel"). Operators in this sense may be Dorint Hotels Betriebs GmbH (Cologne District Court, HRB 119364) or 5HALLS HOMMAGE HOTELS GmbH (Cologne District Court, HRB 98776), a company affiliated with these pursuant to Section 15 of the German Stock Corporation Act (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 another. The term "Hotel Accommodation Contract" encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the Hotel's prior written consent.
3. The Customer's General Terms and Conditions apply only if this has been expressly agreed to in writing beforehand.

4. Individual contractual agreements take precedence over these General Terms and Conditions; otherwise, these General Terms and Conditions apply supplementarily, unless otherwise expressly agreed.
5. For the purposes of these General Terms and Conditions, "Customer" refers to both consumers and businesses as defined by the Austrian Consumer Protection Act (KSchG).

II. Contract Conclusion, Contracting Parties; Statute of Limitations
1. The contract is concluded upon acceptance of the Customer's application by the Hotel. If the Hotel makes a binding offer to the Customer, the contract is concluded upon the Customer's acceptance of the Hotel's offer. The Hotel will confirm the room booking in writing. If booking is made via the Hotel's website, the contract is concluded by clicking the "BOOK WITH OBLIGATION TO PAY" button.
2. The contracting parties are the Hotel and the Customer. If a third party has made the booking for the Customer, the Customer is jointly and severally liable to the Hotel together with the third party for all obligations arising from the Hotel Accommodation Contract, provided the Hotel has received a corresponding declaration from the third party.
3. All mutual claims between the Customer or third party on the one hand and the Hotel on the other hand shall become statute-barred 3 years from the date of knowledge of the claim.

III. Services, Prices, Payments, Offsetting
1. The Hotel is obligated to provide the rooms booked by the Customer and to render the agreed-upon services.
2. The Customer is obligated to pay the Hotel's applicable or agreed prices for the room rental and any additional services used. This also applies to services and expenses incurred by the Hotel on behalf of the Customer and paid to third parties. The agreed prices are exclusive of any statutory taxes and duties applicable at the time of conclusion of the contract. If, after conclusion of the contract, statutory taxes or levies, in particular the statutory value-added tax, change, or are newly introduced or abolished, the Hotel is entitled to adjust the agreed prices accordingly, insofar as this results in a change to the overall calculated cost. Local taxes, which are payable by the guest according to the respective municipal law, such as tourist tax or similar municipal charges, are not included. If such taxes and fees are newly introduced, amended, or abolished after the conclusion of the contract, the prices will be adjusted accordingly.

In contracts with consumers, a price adjustment only applies if there is a period of more than two months between the conclusion of the contract and the provision of services (§ 6 para. 2 no. 4 KSchG).

3. The Hotel may make its consent to a subsequent reduction in the number of booked rooms, the Hotel's services, or the length of stay requested by the Customer contingent upon an increase in the price of the rooms or other Hotel services.
4. Hotel invoices without a due date are payable within 10 calendar days of receipt without deduction. The Hotel reserves the right to demand immediate payment of any outstanding amounts at any time. In case of late payment, the Hotel is entitled to charge the applicable statutory default interest at a rate of 9.2 percentage points above the base interest rate or, in the case of legal transactions involving a consumer, at a rate of 4 percentage points above the base interest rate. Furthermore, in the event of late payment, the Hotel may charge a fee of €5 per reminder letter. The Hotel reserves the right to prove and claim higher damages.
5. The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, in accordance with the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
6. In justified cases, e.g., in the event of Customer payment arrears or an expansion of the scope of the contract, the Hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit as defined in Section 5 above, or an increase in the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration.
7. The Customer may only offset a legally enforceable claim against a claim by the Hotel. Consumers, however, are permitted to offset claims that have been acknowledged by the Hotel or established by a court, provided these claims are legally related to the Hotel's claim (Section 6 Paragraph 1 Item 8 KSchG).
8. The Customer agrees that the invoice may be sent to him/her electronically.

IV. Customer’s Right of Withdrawal (Cancellation, Reservation Cancellation)/No-Show
1. A Customer may only cancel a contract with the Hotel if a right of cancellation is expressly agreed upon in the contract or these General Terms and Conditions, if another statutory right of cancellation exists, or if the Hotel expressly agrees to the cancellation. Any agreement regarding a right of withdrawal, as well as any consent to a contract cancellation, must be in written form.
2. If the Hotel and the Customer have agreed on a deadline for free cancellation of the contract (option), the Customer may cancel the contract up to that deadline without incurring any payment or compensation claims from the Hotel. The Customer's right of withdrawal expires if he/she does not exercise his/her right of withdrawal in writing to the Hotel by the agreed date.
3. If no right of withdrawal has been agreed upon or has already expired, and the Hotel does not agree to a cancellation of the contract, it retains its claim to the agreed-upon compensation despite the guest's failure to use the services. The Hotel must credit any income from renting the rooms to other guests, as well as any expenses saved. If the rooms cannot be rented out to other guests, the Hotel may apply a flat-rate deduction for saved expenses. In this case, the Customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package deals including external services; 70% for half-board arrangements; and 60% for full-board arrangements. The Customer is free 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 amount of compensation shall not exceed the contractually agreed price for the services to be provided by the Hotel, less the value of the expenses saved by the Hotel and any revenue the Hotel earns from alternative uses of the Hotel services.
5. The above provisions regarding compensation apply accordingly if the guest does not use the booked room or services without giving timely notice (no-show).
6. The Hotel is entitled to invoice the guest for the agreed-upon compensation, less any flat-rate expenses saved, and to retain this amount from any deposit paid.

V. Hotel’s Right of Withdrawal
1. If it has been agreed that the Customer can withdraw from the contract free of charge within a certain period, the Hotel is also entitled to withdraw from the contract free of charge in written form within this period if inquiries from other customers for the contractually booked rooms are received and the Customer does not waive his/her right to withdraw within 2 weeks of being asked by the Hotel. If the guest allows this period to expire without taking action, the Hotel is entitled to withdraw. This also applies if an option is granted, other inquiries are received, and the Customer, upon inquiry from the Hotel within a two-week period, is not prepared to make a firm booking.
2. If an agreed advance payment or security deposit, or one required according to Section III, paragraph 5, is not made even after the expiry of a reasonable grace period of 5 working days set by the Hotel, the Hotel is also entitled to withdraw from the contract.
3. Furthermore, the Hotel is entitled to terminate the contract without notice for objectively justified reasons, in particular if…

• force majeure or other circumstances beyond the Hotel's control make performance of the contract impossible;
•  rooms are booked culpably under misleading or false pretences or by concealing essential facts (e.g., regarding the Customer's identity, solvency, or purpose of stay);
• the Hotel has reasonable grounds to believe that the use of the Hotel services may jeopardise the smooth operation of the business, the safety or the public image of the Hotel, without this being attributable to the Hotel's sphere of control or organisation;
• a violation of Section I, paragraph 2 exists;
• the Hotel has issued a ban on the guest entering the premises.

4. In the event of a justified cancellation by the Hotel, the Customer is not entitled to compensation.

VI. Room Provision, Handover and Return
1. The Customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.
2. Booked rooms are available to the Customer from 1500 on the agreed arrival date at the earliest. Booked country houses/apartments are available to the Customer from 1700 on the agreed arrival date at the earliest. The Customer is not entitled to earlier access.
3. On the agreed departure date, rooms must be vacated and made available to the Hotel by 1200 at the latest. The country houses/apartments must be vacated by 1000 on the agreed departure date. If the room/country house or apartment is not vacated by the agreed time, the Hotel may charge 50% of the currently applicable daily room rate for its use beyond the agreed time until 1800, and 100% thereafter. This does not establish any contractual claims for the Customer. The Customer is free to prove that the Hotel has no claim to a usage fee or that the claim is significantly lower. Furthermore, the Hotel reserves the right to prove and claim higher damages.

VII. Hotel Liability
1. The Hotel is liable for personal injury and property damage caused intentionally or through gross negligence by the Hotel or its agents. If the injured party is a consumer, the Hotel is also liable for personal injury resulting from slight negligence (§ 6 para. 1 no. 9 KSchG). However, the exclusion of liability for slight negligence stipulated here does not apply in the case of a breach of a material contractual obligation. In terms of amount, liability for breach of a material contractual obligation is limited to the foreseeable and typical damages at the time of conclusion of the contract; material contractual obligations are those whose fulfilment characterises the contract and on which the Customer may rely. Should any disruptions or defects occur in the Hotel's services, the Hotel will endeavour to remedy the situation upon becoming aware of it or upon receiving immediate notification from the Customer. The Customer is obligated to contribute what is reasonable to remedy the disruption and minimise any potential damage, and to notify the Hotel immediately of any disruptions or damage.
2. The Hotel is liable to the Customer for items brought onto the premises in accordance with the statutory provisions of Sections 970 et seq. of the Austrian Civil Code (ABGB). Accordingly, the Hotel is liable for valuables, money, and securities only up to a maximum of €550, unless the hotel has accepted these items for safekeeping with knowledge of their nature, or unless the damage was caused by the Hotel itself or by persons acting on its behalf. If the guest wishes to bring money, securities, valuables or other items with a value exceeding €550, a separate safekeeping agreement with the Hotel is required. Storing valuables in the Hotel or room safe is generally recommended. For any further liability of the Hotel, the above provisions in Section VII, paragraph 1 apply.
3. If a parking space in the Hotel garage or on a Hotel parking lot is made available to the Customer, – even for a fee – this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or moved on the Hotel premises and their contents, the Hotel is liable only in accordance with Section VII, paragraph 1.
4. Wake-up calls are handled with the utmost care by the Hotel. Messages, mail and goods shipments for customers are also handled with the utmost care. The Hotel will handle delivery and storage (both at the Hotel) and –upon request –and for a fee, will forward the items. VII. Paragraph 1 applies accordingly.

VIII. Final Provisions
1. Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the Customer are invalid.

2. The place of performance and payment is the registered office of the respective Hotel.

3.  If the Customer is a business, a legal entity under public law, or has no general place of jurisdiction in Austria, the exclusive place of jurisdiction for all disputes arising from or in connection with the Hotel accommodation contract is the registered office of the respective Hotel.

4. Austrian law applies, excluding the conflict-of-laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

5. Should any provision of these General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provisions.

As of: April 2026