General Terms and Conditions

• “Innkeeper”: Das Walchsee Hotel GmbH, FN 479809 b.

• “Guest”: Is a natural person who uses accommodation services. The guest is usually also the contracting party. Guests also include those persons who travel with the contracting party, e.g.: family members, friends, etc.).

• “Contracting Party”: Is a natural or legal person from domestic or abroad who concludes an accommodation contract as a guest or for a guest.

• “Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

• “Accommodation Contract”: Is the contract concluded between the innkeeper and the contracting party, the content of which is regulated in more detail below.

The accommodation contract is concluded by the innkeeper's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances, and access occurs during the innkeeper's stated business hours.

The innkeeper is entitled to conclude the accommodation contract on condition that the contracting party makes a down payment. If the contracting party agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent regarding the payment of the down payment by the innkeeper.

The down payment of 40% of the total amount must be made no later than 7 days before arrival via bank transfer (free of charge) or credit card. The remaining payment is made upon check-in on site. For credit and debit cards, the respective conditions of the card companies apply. If the contracting party defaults on the down payment, the innkeeper can either insist on the fulfillment of their claim or withdraw from the contract after setting a reasonable grace period.

The down payment is a partial payment of the agreed fee.

A prepayment of 20% is to be made for certain travel periods.

If the statutory VAT rate changes, the innkeeper reserves the right to pass on the change in the tax rate to the guest to the same extent of the change through a price adjustment.

The accommodation contract is concluded by the innkeeper's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances, and access occurs during the innkeeper's stated business hours.

The contracting party has the right, unless the innkeeper offers a different occupancy time, to occupy the rented rooms from 3:00 PM on the agreed day ("arrival day").

If a room is occupied for the first time before 6:00 AM, the previous night counts as the first overnight stay.

The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The innkeeper is entitled to charge for an additional day if the rented rooms are not vacated on time.

1. Withdrawal by the Innkeeper

If the accommodation contract provides for a down payment and the down payment has not been made by the contracting party on time, the innkeeper can withdraw from the accommodation contract without a grace period.

If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to accommodate, unless a later arrival time has been agreed upon.

If the contracting party has made a down payment, the premises remain reserved until 12:00 PM on the day following the agreed arrival day at the latest. For prepayments of more than four days, the obligation to accommodate ends from 6:00 PM on the fourth day, with the arrival day being counted as the first day, unless the guest announces a later arrival day.

No later than 3 months before the agreed arrival day of the contracting party, the accommodation contract can be dissolved by the innkeeper, for objectively justified reasons, unless otherwise agreed, by unilateral declaration.

2. Withdrawal by the Contracting Party

a) Individually agreed arrangements, which take precedence over these GTC in case of a deviation, can be found in the hotel's booking or reservation confirmation.

b) For events and group tours of 10 rooms or more, or 15 people or more, separate cancellation conditions apply for events, group tours & MICE. These can be found in the event or group confirmation.

c) Cancellation Conditions and No-Show for Individual Travelers (Reservations up to 9 rooms or 14 people)

Cancellations must always be submitted to the hotel in writing. Cancellations must be confirmed in writing by the hotel. The following cancellation fees apply:

Free of charge up to 22 days before arrival

From 21 days before arrival 90% of the booking total

In case of non-arrival or no-show 100% of the booking total

The cancellation fee will be charged to the contracting party immediately after the cancellation has occurred and is due for immediate payment. If the contracting party provides (discloses) credit card details, the hotel is entitled to charge the credit card with any incurred cancellation fee. Any down payment made can be offset by the hotel against an incurred cancellation fee.

d) Rooms with Special Price

Rooms booked at non-refundable rates, special offers, deals, or percentage promotions are at no time cancellable or rebookable free of charge or against payment of a cancellation fee and will in any case be charged at 100% of the special price. This too can be debited by the hotel from a credit card provided as security, and a down payment can be offset against the special price.

If the contracting party cannot appear at the accommodation facility on the day of arrival due to unforeseen extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) making all arrival options impossible, the contracting party is not obliged to pay the agreed fee for the days of arrival.

The obligation to pay the fee for the booked stay resumes from the moment arrival becomes possible again, if arrival becomes possible within three days.

The innkeeper can provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

A factual justification is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay, an overbooking exists, or other important operational measures necessitate this step.

Any additional expenses for the alternative accommodation shall be borne by the innkeeper.

By concluding an accommodation contract, the contract partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests for use without special conditions, and to the usual service. The contract partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

The contract partner is obliged to pay the agreed remuneration, plus any additional amounts incurred due to separate service use by him and/or the guests accompanying him, plus statutory value-added tax, at the latest by the time of departure.

The innkeeper is not obliged to accept foreign currency. If the innkeeper accepts foreign currency, it will be accepted as payment at the daily rate, as far as practicable. Should the innkeeper accept foreign currency or cashless payment methods, the contract partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

The contract partner is liable to the innkeeper for any damage caused by him or the guest or other persons who receive the innkeeper's services with the knowledge or consent of the contract partner.

1. If the contract partner refuses to pay the agreed remuneration or is in arrears with it, the innkeeper has the statutory right of retention in accordance with § 970c ABGB and the statutory lien in accordance with § 1101 ABGB on items brought in by the contract partner or the guest. This right of retention or lien also applies to the innkeeper to secure his claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contract partner, and for any claims for compensation of any kind.

2. If service is requested in the contract partner's room or at unusual times of the day, the innkeeper is entitled to charge a special fee for it. The innkeeper may also refuse these services for operational reasons.

3. The innkeeper has the right to settle accounts or provide an interim statement for his services at any time.

The innkeeper is obliged to provide the agreed services to an extent corresponding to his standard.

Separately chargeable special services of the innkeeper, which are not included in the accommodation fee, are for example: special accommodation services that can be billed separately.

The innkeeper is liable according to §§ 970 ff ABGB for items brought in by the contract partner. The innkeeper's liability only exists if the items have been handed over to the innkeeper or to persons authorized by the innkeeper. If the innkeeper fails to prove this, the innkeeper is liable for his own fault or the fault of his staff as well as incoming and outgoing persons. The innkeeper is liable according to § 970 para 1 ABGB at most up to the amount stipulated in the Federal Act of 16 Nov. 1921 on the Liability of Innkeepers and other Entrepreneurs in the currently valid version. If the contract partner or the guest does not promptly comply with the innkeeper's request to deposit their belongings in a special storage location, the innkeeper is released from all liability. The amount of any liability of the innkeeper is limited to the maximum sum of the innkeeper's liability insurance. Fault on the part of the contract partner or guest must be taken into account.

The innkeeper's liability for slight negligence is excluded. If the contract partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contract partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will under no circumstances be compensated.

For valuables, money and securities, the innkeeper is liable only up to the amount of currently € 550,-. The innkeeper is liable for damage exceeding this only if he has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by himself or one of his staff. The limitation of liability according to paragraphs 1.) and 2.) applies mutatis mutandis.

The innkeeper may refuse to store valuables, money, and securities if they are significantly more valuable items than guests of the accommodation establishment usually deposit for safekeeping.

In any case of accepted storage, liability is excluded if the contract partner and/or guest does not immediately notify the innkeeper of the damage once they become aware of it. Furthermore, these claims must be asserted in court within three years from knowledge or possible knowledge by the contract partner or guest; otherwise, the right is extinguished.

If the contract partner is a consumer, the innkeeper's liability for slight negligence, with the exception of personal injury, is excluded.

If the contract partner is an entrepreneur, the innkeeper's liability for slight and gross negligence is excluded. In this case, the contract partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages, as well as lost profits, will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.

Animals may only be brought into the accommodation establishment with prior consent from the innkeeper and possibly for a special fee.

The contract partner who brings an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.

The contract partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damages caused by animals. Proof of the corresponding insurance must be provided upon request by the innkeeper.

The contract partner or their insurer is jointly and severally liable to the innkeeper for any damage caused by brought animals. The damage specifically includes those compensation payments that the innkeeper has to provide to third parties.

Animals are not permitted in the lounges, common rooms, restaurant areas, and wellness areas.

The contractual partner has no right to have their stay extended. If the contractual partner announces their wish to extend the stay in good time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

If the contractual partner cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseen extraordinary circumstances (e.g., extreme snowfall, floods, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner cannot fully use the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the off-season.

If the accommodation contract was concluded for a specific period, it ends upon expiration of that period.

If the contractual partner departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they have saved as a result of the non-utilization of their services or what they have received by re-letting the booked rooms. A saving only exists if the accommodation establishment is fully booked at the time of non-utilization of the rooms ordered by the guest and the room can be re-let to other guests due to the contractual partner's cancellation. The burden of proof for the saving lies with the contractual partner.

The contract with the accommodation provider ends upon the death of a guest.

If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 AM on the third day before the intended end of the contract.

The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contractual partner or guest

• makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper conduct, makes cohabitation unbearable for other guests, the ownership company, its staff, or third parties residing in the accommodation establishment, or commits a criminal offense against property, morality, or physical safety towards these persons;

• is afflicted by an infectious disease or a disease that extends beyond the duration of accommodation, or otherwise becomes in need of care;

• does not pay the submitted invoices when due within a reasonably set period (3 days).

If the performance of the contract becomes impossible due to an event considered as force majeure (e.g., natural disasters, strike, lockout, official order, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims of the contractual partner for damages etc. are excluded.

If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so themselves.

As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness.

The accommodation provider has claims for reimbursement against the contractual partner and the guest, or in case of death against their legal successors, particularly for the following costs:

• outstanding medical costs, costs for patient transport, medications and medical aids;

• necessary room disinfection;

• unusable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items;

• restoration of walls, furnishings, carpets, etc., insofar as these were contaminated or damaged in connection with the illness or death;

• room rent, insofar as the premises were used by the guest, plus any days of non-usability of the rooms due to disinfection, clearing, or similar;

• any other damages incurred by the accommodation provider.

The place of performance is the location where the accommodation establishment is situated.

This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction in bilateral business transactions is the seat of the accommodation provider, whereby the accommodation provider is also entitled to assert their rights before any other locally and factually competent court.

If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile or habitual residence in Austria, lawsuits against the consumer can only be brought at the consumer's domicile, habitual residence, or place of employment.

If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court locally and factually competent for the consumer's domicile for lawsuits against the consumer shall have exclusive jurisdiction.

Unless the provisions stipulate otherwise, a period begins to run upon delivery of the document ordering the period to the contractual partner who must observe the period. When calculating a period determined by days, the day on which the point in time or event falls, according to which the beginning of the period is to be determined, is not included. Periods determined by weeks or months refer to the day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month is decisive.

Declarations must have been received by the respective other contractual partner on the last day of the period (24:00).

The accommodation provider is entitled to offset their own claims against claims of the contractual partner. The contractual partner is not entitled to offset their own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contractual partner's claim has been legally established or acknowledged by the accommodation provider.

In the event of regulatory gaps, the corresponding legal provisions shall apply.