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General Terms and Conditions

General Terms and Conditions for Hotel and Arrangement Services for Parkhotel Salzburg GmbH, Salzburg. The following Terms and Conditions apply to the provision of hotel rooms and all other services rendered for the customer by Parkhotel Salzburg GmbH (hereinafter referred to as the “Hotel”):

I. Conclusion of Contract, cancellation of the Hotel Accommodation Contract

1. The Hotel Accommodation Contract shall come into effect upon confirmation of a booking/reservation by the Hotel, or upon acceptance by the Customer of an offer made by the Hotel that is designated as binding. In the event of booking via the Internet, the possibility of making a reservation does not constitute a binding offer by the Hotel. The Customer submits a binding offer when he or she clicks on the button indicating a “Binding Booking”. The Contract is concluded as soon as the Customer receives the Hotel's booking confirmation.

2.a.  Bookings / reservations shall be binding for both Parties.

b. The Hotel is entitled – upon the conclusion of Contract – to demand from the Customer a reasonable advance payment or security deposit, for example in the form of a credit card guarantee or a pre-payment. The type and amount of this advance payment and the payment dates shall be agreed in the Contract in text form; – subsequent to the conclusion of Contract, and before or after commencement of the stay in justified cases, e.g. when the customer is in arrears with a payment – the Hotel may demand an advance payment or security deposit or increase the advance payment or security deposit agreed in the Contract up to the full agreed remuneration.

c. Rebooking is not possible. In the event of a cancellation by the Customer, the agreed price must be paid even if the Customer does not make use of the contractual service. However, the Hotel shall offset the income from renting the rooms to other parties and the expenses saved against the agreed price. The Hotel shall be entitled to make a lump-sum deduction for the expenses saved. In this case, the Customer shall be obliged to pay 80% of the agreed price for bed and breakfast, 70% for half-board and 60% for hotel arrangements that include overnight stays, meals and other services (both external and internal). The Customer shall be free to prove that the Hotel has suffered a lesser loss or no loss at all (e.g. due to the room being given to another party while the affected category is otherwise fully occupied).

d. The provisions of No. I.2.c. shall apply accordingly if the Customer does not make use of the booked room or the booked services without notifying the Hotel in good time (a “no show”). The regulation shall also apply accordingly in the event of a reduction in the number of rooms ordered and/or the length of stay.

3.If the Hotel has granted the Customer an option in the Contract to withdraw from the Contract within a certain period of time without further statutory consequences, the Hotel shall have no claim to compensation. The timeliness of the notice of withdrawal from a reservation shall be determined by its receipt by the Hotel. In this case, the Customer must declare their withdrawal in writing.

4. The Hotel shall be entitled to rescind or terminate the Contract for good cause. Good cause shall be deemed to exist, in particular, if force majeure or other circumstances beyond the Hotel's control render the performance of the Contract impossible, if rooms have been booked under misleading or false statements of material facts, e.g. concerning the Hotel guest or the purpose of the stay, and if the Hotel has reasonable cause to believe that use of the Hotel's services may jeopardise the smooth running of its business, its security or its reputation. If the Contract’s rescission or termination by the Hotel is justified, the Customer shall have no claim to damages.

5. If it has been agreed that the Customer may withdraw from the Contract free of charge within a certain period of time, the Hotel shall be entitled for its part to rescind the Contract during this period if there are enquiries by other customers regarding the contractually booked rooms and the Customer does not waive his or her right to withdraw from the Contract upon enquiry by the Hotel with a reasonable notice period. This shall apply mutatis mutandis if an option is granted, if other enquiries exist and the Customer is not prepared to make a firm booking upon enquiry by the Hotel with a reasonable period of notice.


II. Arrival and departure

1. The Hotel is obligated to make the reserved rooms available from 15:00 on the day of arrival. Whenever possible, rooms will be made available earlier if necessary. There is no entitlement to an earlier handover. Unless otherwise agreed, the Hotel shall keep reserved rooms available until 18:00. After this time, the Hotel shall be free to allocate rooms elsewhere.

2. Reserved rooms shall be available to the Customer until 11:00 a.m. on the day of departure. If the Customer does not leave the room until after 11:00, the Hotel may charge an additional 50% of the price for that day if the Customer checks out before 16:00 and 80% of the price for that day if the Customer checks out after 16:00.

3. To the extent that the Customer has not reserved all of the Hotel's rooms, there shall be no entitlement within a room category to the selection of certain rooms or premises.


III. Payment, place of performance

1. The agreed prices include the statutory value added tax.

2. Accrued claims can be set as due at any time and immediate payment can be demanded.

3. In the event of late payment, the Hotel shall be entitled to demand interest on the outstanding invoice amount at a rate of 5 percentage points above the respective base rate of the Austrian National Bank.

4. The Hotel reserves the right to prove higher damages and claim additional interest.


IV. External services

1. In addition to the hotel services on offer, the Customer may be offered external services, e.g. sports courses, visits to events and excursions, etc. External services are not provided by the Hotel, but by third parties (service providers) under their own responsibility. The Customer shall conclude the respective contract directly with the Organiser and may only set off or reduce a claim vis-a-vis a claim by the Hotel if said claim is undisputed or legally binding. The place of performance and payment is the registered office of the Hotel that has been booked.


V. Liability / Statute of limitations

1.a. The Hotel's liability within the scope of its own provision of services is excluded, unless otherwise provided for in the following provisions.

b. The exclusion of liability pursuant to Letter a. shall not apply to damages caused by a culpable violation of a material contractual obligation in a manner that endangers the achievement of the contractual purpose. Essential contractual obligations are those obligations, the fulfilment of which is essential for the proper execution of the Contract and on compliance with which the Customer can (and may) regularly rely. However, liability shall be limited to the typical contractual damage that each Party to the Contract could have anticipated due to the circumstances known to it at that time.

c. Furthermore, the exclusion of liability pursuant to Letter a. shall not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty by the Hotel, its legal representatives or vicarious agents.

d. The exclusion of liability pursuant to Letter a. shall not apply to damages resulting from an intentional or grossly negligent breach of duty by the Hotel, its legal representatives or vicarious agents.

e. The exclusion of liability pursuant to Letter a. shall not apply to claims under the Product Liability Act.

f. Insofar as the Hotel's liability is excluded or limited, this shall also apply to the liability of its legal representatives, employees and vicarious agents.

2. The period of limitation for claims of the Customer vis-a-vis the Hotel shall be six months after the contractually agreed hotel service has been rendered. The short limitation period shall apply in favour of the Hotel, both for contractual claims and for claims in tort.

3. No warranty and/or liability shall be assumed for third party services within the meaning of Item IV.

4. Valuables may be stored in the hotel safe. The Hotel recommends making use of this option.

5. If the Customer is provided with a parking space on the Hotel's property, the Customer shall only conclude a Contract with the Hotel for the rental of the parking space. There shall be no security service and no contract for safekeeping. The Hotel shall not be liable for loss of (or damage to) a motor vehicle parked on the Hotel's property and/or for its contents, unless the Hotel is responsible for the damage in accordance with the provisions listed under 1.


VI. Final provisions

1. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Hotel shall be the Hotel's registered office.

2. Austrian law shall apply. The application of UN Sales Law is excluded

3. In accordance with its legal obligations, the Hotel hereby draws attention to the fact that the European Union has established an online platform for the extra-judicial settlement of consumer disputes (“OS Platform”): However, the Hotel shall not participate in dispute settlement proceedings before a consumer arbitration board.

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