General Terms and Conditions

• “Accommodation Provider”: 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 traveling 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 accommodation provider and the contracting party, the content of which is regulated in more detail below.

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

The accommodation provider is entitled to conclude the accommodation contract on the 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 accommodation provider.

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 terms and conditions of the card companies apply. If the contracting party defaults on the down payment, the accommodation provider 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.

For certain travel periods, an advance payment of 20% must be made.

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

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

The contracting party has the right, unless the accommodation provider offers a different 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 accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

1. Withdrawal by the Accommodation Provider

If the accommodation contract provides for a down payment and the down payment has not been made by the contracting party on time, the accommodation provider 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 provide accommodation, unless a later arrival time has been agreed upon.

If the contracting party has made a down payment, the premises remain reserved until no later than 12:00 PM on the day following the agreed arrival day. In the case of advance payment for more than four days, the accommodation obligation ends at 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 contracting party's agreed arrival day, the accommodation contract can be dissolved by the accommodation provider 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 General Terms and Conditions in case of deviation, can be found in the hotel's booking or reservation confirmation.

b) Separate cancellation conditions for events, group tours & MICE apply to events and group tours of 10 rooms or more or 15 people or more. 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 amount

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

The cancellation fee will be charged to the contracting party immediately after the cancellation has taken place 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 prices, deals, or percentage promotions cannot be canceled or rebooked free of charge or against payment of a cancellation fee at any time and will in any case be charged at 100% of the special price. This can also 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 arrive at the accommodation on the day of arrival because all travel options are impossible due to unforeseen extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

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

The accommodation provider can provide the contracting party or the 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 exists, for example, if the room (rooms) has (have) become unusable, guests already checked in extend their stay, an overbooking occurs, or other important operational measures necessitate this step.

Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

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

The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to separate service utilization by them and/or the guests accompanying them, plus statutory VAT, at the latest by the time of departure.

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

The contractual partner is liable to the accommodation provider for any damage caused by them or the guest or other persons who receive the accommodation provider's services with the knowledge or consent of the contractual partner.

1. If the contractual partner refuses to pay the agreed fee or is in arrears with it, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB and the statutory lien in accordance with § 1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien also serves to secure the accommodation provider's claims arising from the accommodation contract, in particular for catering, other expenses incurred for the contractual partner, and for any compensation claims of any kind.

2. If service is requested in the contractual partner's room or at unusual times of day, the accommodation provider is entitled to demand a special fee for this. The accommodation provider may also refuse these services for operational reasons.

3. The accommodation provider has the right to settle accounts or issue interim invoices for its services at any time.

The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.

Special services of the accommodation provider subject to separate pricing, which are not included in the accommodation fee, are for example: special accommodation services that can be invoiced separately.

The accommodation provider is liable in accordance with §§ 970 et seq. ABGB for items brought in by the contractual partner. The liability of the accommodation provider only applies if the items have been handed over to the accommodation provider or persons authorized by the accommodation provider. If the accommodation provider fails to provide proof, the accommodation provider is liable for their own fault or the fault of their staff as well as incoming and outgoing persons. The accommodation provider's liability in accordance with § 970 Para 1 ABGB is limited to the amount stipulated in the Federal Act of 16 Nov 1921 on the liability of innkeepers and other entrepreneurs, in its currently applicable version. If the contractual partner or the guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage location, the accommodation provider is exempt from all liability. The amount of any liability of the accommodation provider is limited to the maximum sum of the accommodation provider's liability insurance. Fault on the part of the contractual partner or guest must be taken into account.

The accommodation provider's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual 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 accommodation provider is liable only up to the amount of currently € 550,-. The accommodation provider is liable for damages exceeding this amount only if they have accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by themselves or one of their staff. The limitation of liability according to paragraphs 1.) and 2.) applies mutatis mutandis.

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

In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage upon becoming aware of it. Furthermore, these claims must be asserted in court within three years from the knowledge or possible knowledge by the contractual partner or guest; otherwise, the right is extinguished.

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

If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual 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 of the accommodation provider and, if applicable, against a special fee.

The contractual 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 contractual 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 accommodation provider.

The contractual partner or their insurer is jointly and severally liable to the accommodation provider for the damage caused by accompanying animals. The damage specifically includes any compensation that the accommodation provider has to provide to third parties.

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

The contracting party has no right to have their stay extended. If the contracting party 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 contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseen exceptional circumstances (e.g., extreme snowfall, floods, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is also only possible if the contracting party cannot fully use the services offered by the accommodation establishment due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the off-season.

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

If the contracting party 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 renting out the booked rooms elsewhere. A saving only exists if the accommodation establishment is fully occupied at the time the guest's booked rooms are not utilized and the room can be rented out to other guests due to the contracting party's cancellation. The burden of proof for the saving lies with the contracting party.

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 a.m. 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 contracting party or the 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 owner company, its staff, or third parties residing in the accommodation establishment, or commits an act against property, morality, or physical safety towards these persons which is punishable by law;

• is afflicted with a contagious disease or a disease that extends beyond the duration of the 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 to be considered as force majeure (e.g., natural disasters, strike, lockout, official order, etc.), the accommodation provider can 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 contracting party 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 contracting party 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;

• laundry, bed linen, and bedding that has become unusable, 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 rental, insofar as the premises were used by the guest, plus any days of unavailability 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 international private law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction in a bilateral business transaction 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 contracting party 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 contracting party 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 with local and subject-matter jurisdiction for the consumer's domicile for lawsuits against the consumer shall have exclusive jurisdiction.

Unless the provisions stipulate otherwise, the start of a period begins with the delivery of the document specifying the period to the contracting party who must observe the period. When calculating a period determined by days, the day on which the time or event falls, after which the period is to begin, is not included. Periods determined by weeks or months refer to the day of the week or month which, by its name 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 shall be decisive.

Declarations must have reached the respective other contracting party by the last day of the period (24:00).

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

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