of Robert Simonlehner GmbH & Co KG
(Conditions for accommodation)
To ensure that you have all the important and valid information at hand at all times, we have compiled our terms and conditions here. Whether vouchers, winning codes from the wheel of fortune or cancellation rules – it’s all there. You don’t feel like reading? Then you have to accept possible misunderstandings. Because our terms and conditions have their value. If this were not so, it would only say here: Lightly dressed green verjus fairies & garnet red wormwood goblins dance around the Feistererhof on balmy summer nights.”
I. Scope
All services are based exclusively on the following terms and conditions of Bio Hotel Feistererhof or Robert Simonlehner GmbH & Co KG (= Accommodation Provider). By accessing the website and using the applications, in particular by ordering vouchers and booking a room, the client (= guest) confirms that the terms and conditions have been understood and that they are also expressly and irrevocably Agrees.
Should there be any different agreements or ancillary agreements, they must be written in order to be effective. The accommodation provider expressly reserves the right to change the GTC, whereby any change will be published on the website.
II. Preamble/Processing
Robert Simonlehner GmbH & Co KG operates the Bio Hotel Feistererhof at Ramsau 35, 8972 Ramsau. In addition, the latter operates a webshop, through which vouchers are sold (in this respect, the separate terms and conditions are referred to).
III. Accommodation contract
The accommodation contract is concluded between Robert Simonlehner GmbH & Co KG and the guest as soon as a booking is confirmed in writing by the accommodation provider by e-mail. The guest acknowledges that when concluding the contract, any house rules must be observed and adhered to.
IV. Down payment
The accommodation provider reserves the right to request deposits for bookings – at its own discretion. In this case, however, the accommodation provider is obliged to draw attention to the down payment. (reservation confirmation, online booking tool).
If the guest wishes to make a down payment, he/she undertakes to make the down payment in such a way that it arrives at the account of the accommodation provider within 7 days of the transmission of the booking confirmation at the latest.
For the further information, it should be noted that the down payment is only a partial payment.
The legally valid contract is already concluded with the written confirmation by e-mail from the guest.
V. Arrival and Departure
The guest acknowledges that on the day of arrival, the booked room can only be booked from 15:00; an earlier reference is only possible in exceptional cases, and there is no legal claim to it.
Booked rooms must be used no later than 23:00 on the agreed day of arrival. Unless a later arrival time has been agreed, the accommodation provider has the right to assign the booked room to someone else; the guest cannot derive any claims for compensation from this.
The guest also acknowledges that the respective room must be vacated by 11:00 a.m. at the latest. Should this time be exceeded, the accommodation provider is entitled to charge the guest for another overnight stay (lump sum damages). The guest cannot deduce from this a claim for a longer use of the room.
VI. Prices/Payment
The prices quoted are prices per night and person, excluding tourist tax (excluding tourist tax). The accommodation provider is entitled to charge this amount during check-in or check-out.
The pricing is flexible and the accommodation provider reserves the right to adjust the price of sent and non-binding offers if a response from the guest extends beyond a period of 3 days.
The guest is obliged to pay the agreed fee or the outstanding amount (in case of already paid deposit) at the latest at the time of departure.
The accommodation provider has the right to charge for any additional amounts incurred as a result of separate use of benefits also on the day of departure. Alternatively, this amount can also be requested or subsequently debited via the credit card. The guest expressly agrees to this procedure.
There is no obligation to accept foreign currencies. If the accommodation provider agrees to do so in individual cases, related expenses (exchange fees, information fees, etc.) must be paid by the guest.
Children’s prizes are excluded from any bonus promotion (Wheel of Fortune prize, regular guest bonus, etc.). Furthermore, the establishment reserves the right to make adjustments to the children’s prices if they do not correspond to the information in the enquiry on site.
If children live in their own double room, the older child is calculated as a full-payer. For the younger siblings the children discounts according to the price list/offer apply. Prices for 1 adult & 1 child in double room are bookable for single & child only. If the guest fails to do so, the accommodation provider reserves the right to adjust the price of the accommodation.
Regular guest bonus. Regular guest bonuses apply from the 5th stay. Regular guest bonuses are taken into account depending on occupancy and booking period. The main travel periods (July, August, Christmas, New Year’s Eve, New Year’s Day, winter holidays/semester breaks) are excluded from this.
VII. Rights of withdrawal
Hotelier:
The accommodation provider can withdraw from the accommodation contract without setting a grace period if the guest does not pay a deposit on time. The guest must arrive by 11:00 p.m. at the latest. After that date, the accommodation provider is exempt from his obligation to provide accommodation. A later arrival date can be agreed by mutual agreement. The accommodation provider has the right to withdraw from the contract no later than three months before the agreed booking date; this is only possible if there are objective reasons (e.g. reconstruction, unforeseen events, etc.).
Guest:
A withdrawal by the guest is possible at any time. In this context, however, the cancellation fees set out in point VIII must be observed.
VIII. Cancellation, shortening of the stay, no-show, early departure or late arrival
The following cancellation conditions apply at the Feistererhof:
- Cancellation until 14 days before arrival day: no fees.
- Cancellation from 13 days – 8 days before arrival day: 50%.
- Cancellation from 7 days – 2 days before arrival day: 80%.
- Cancellation from 2 days – arrival day: 100%.
No-shows, early departures or late arrivals will also be charged 100%. In case of shortening a booking before arrival, the cancellation conditions also apply, i.e. the cost of the cancelled nights is based on the above cancellation periods and corresponding percentages.
For the training week of the Styrian Mountain Hiking Guide Association and tour groups, the cancellation conditions according to the corresponding booking confirmation apply. The above cancellation conditions are not valid here.
Cancellation insurances
The accommodation provider shall inform the guest about the possibility of taking out travel insurance when submitting the offer as well as confirmation of reservation and online booking. Trip cancellation insurance covers most reasons for cancellation (including due to Covid-19). If insurance is purchased & a cancellation is incurred, the bill will be submitted by the lodging provider to the guest. This is to be paid by the guest and then submitted to the insurance company.
If a booking must be cancelled without existing cancellation insurance? In case of cancellation, with a reason that would be insured, no free cancellation is possible. The agreed cancellation conditions according to the booking confirmation will then apply.
Correspondence in the event of cancellation will be in writing only.
If the accommodation provider does not receive any feedback/payment after 14 days, outstanding invoices will be forwarded to the accommodation provider’s lawyer.
Rebookings are very welcome within one season. But not across seasons.
IX. Replacement accommodation
The accommodation provider has the right to provide the contractual partner with adequate and equivalent replacement accommodation if the booked room is not available for objectively justified reasons (e.g. pipe breakage, overbooking, etc.).
In this context, however, the accommodation provider undertakes to bear any additional costs for the replacement accommodation itself.
X. Animal husbandry
Bringing animals is allowed without exception only with the prior consent of the host and the latter must receive information about the bringing of animals in the course of the request. The accommodation provider has the right to charge a separate fee, which would be: EUR 15,00 per day in the guest house (double room forest view & mountain view). Should animal husbandry be authorised, the guest is obliged to keep the animal in order; there is also an obligation to take out appropriate animal liability insurance; in the event of damage, the accommodation provider shall be held harmless and without complaint.
Animals are not allowed in restaurant rooms and in wellness areas under any circumstances, even if they are allowed to be brought in. If, without the prior consent of the accommodation provider, a category is booked where it is not allowed to bring animals, the accommodation provider reserves the right to charge the costs afterwards.
XI. Termination of the accommodation contract
The accommodation contract generally ends with the expiry of the period (booked period). If a guest leaves early, the accommodation provider may nevertheless charge the agreed fee for the entire period. In the event of the guest’s death, the contract with the accommodation provider ends automatically.
The accommodation provider may terminate the accommodation contract with immediate effect for important reasons if a guest or persons to whom the guest has provided access to the premises makes an adverse use or, by reason of his inappropriate conduct, other guests, employees or other persons. Dissolution with immediate effect is also possible if the guest suffers from a contagious disease or if the performance of the contract is not possible due to force majeure. In this context, any claims for damages by the guest are excluded.
XII. Liability
The accommodation provider assumes exclusive liability for damages caused by gross negligence (gross negligence) or intent. Liability under the Product Liability Act and liability for consequential damages in defects are excluded (to the extent permitted by law). If transmitted products are used improperly, any liability of the accommodation provider is excluded.
The accommodation provider is only liable within the scope of these general terms and conditions and within the scope of the statutory provisions for direct damages caused to the guest by grossly negligent or intentional conduct by the accommodation provider. Any liability for indirect damages is excluded.
XIII. Privacy Policy
With regard to the data protection regulations, reference is made to the data protection declaration, which is to be seen as an integral part of the General Terms and Conditions.
The guest has been informed that the personal data, in particular name, address, telephone number, data of means of payment are necessary and necessary solely for the purpose of the execution of the resulting contractual relationship and are only available to on the basis of legal authority.
The guest hereby expressly consents to the fact that these aforementioned personal data will be processed for the purpose of fulfilling the contractual relationship (delivery and ordering of products) and that the data will be transferred for this purpose to other transferred to suppliers. This consent can be revoked at any time.
XIV. Other
salvatory clause
Should any provision of these Terms and Conditions be ineffective in whole or in part or lose its legal validity in the future, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, an applicable provision is used which is legally closest to the invalid provision.
Choice of law and place of jurisdiction
Austrian substantive law applies to all sales contracts. The applicability of the UN Sales Law is excluded. All disputes arising from a contract are the subject of substantive jurisdiction by the court responsible for the domicile at the accommodation provider’s registered office. 8972 Ramsau is expressly agreed as the place of performance. The place of jurisdiction is 8970 Schladming.
Terms
of Robert Simonlehner GmbH & Co KG
(Terms and conditions of purchase and delivery of vouchers)
I. Scope
All services are based exclusively on the following terms and conditions of Bio Hotel Feistererhof or Robert Simonlehner GmbH & Co KG (= Accommodation Provider). By accessing the website and using the applications, in particular by ordering vouchers, the client (= guest) confirms that he has understood the terms and conditions and expressly and irrevocably agrees to them.
Should there be any different agreements or ancillary agreements, they must be written in order to be effective. The accommodation provider expressly reserves the right to change the GTC, whereby any change will be published on the website.
II. Preamble/Processing
Robert Simonlehner GmbH & Co KG operates the Bio Hotel Feistererhof at Ramsau 35, 8972 Ramsau. In addition, they operate a webshop, through which vouchers are sold.
III. Ordering and delivery of vouchers
An order via the online shop is legally binding if the accommodation provider has confirmed the order in writing or by telephone.
If vouchers are not available, the accommodation provider reserves the right to cancel an already confirmed order within a period of 24 hours. This does not incur any claims for the guest, in particular any claims for performance or damages.
The vouchers will be sent to the accommodation provider’s account within five days of receipt of the invoice amount.
IV. Shipping costs
Vouchers are generally sent to the guest by post. Deviating shipping costs will be announced separately in the confirmation email. The shipping costs are to be borne by the guest. In addition, it is agreed that the guest bears the risk of shipping.
Shipping abroad is possible, whereby the shipping costs naturally differ from the “Inner Austrians”.
V. Delivery time
The delivery time is the period between receipt of payment of the respective order until the dispatch of the ordered product. No responsibility can be assumed for the duration of the delivery, as this process is outside the sphere of the contractor.
If a longer delivery time than usual (usually 5 working days) is necessary and one is communicated to the guest, the guest has the possibility to withdraw from the contract within a period of 3 days from the announcement. However, this resignation must be notified as soon as possible, at least within the 3-day period. A withdrawal after this 3-day period is ineffective. The voucher must then also be purchased for a longer delivery time, as far as it is not disproportionately long.
VI. Price and payment, retention of title
All products are subject to the prices indicated on the Internet for the respective product. The accommodation provider expressly reserves the right to change the prices. The prices are incl. As already shown, the guest has to bear the shipping costs himself.
Until full payment of the purchase price and all associated costs and expenses, the sold product remains the property of the accommodation provider. The guest expressly agrees to this retention of title.
VII. Validity of vouchers, cash redemption
The vouchers will be valid for a period of 24 months, starting from the respective date of issue. In principle, only one voucher can be redeemed per stay. A voucher is only valid once the amount due has been paid in full.
It is possible to make a separate arrangement between the contracting parties for the individual case, whereby the agreement must be made before the booking of the room; there is no legal claim for a special scheme. In individual cases, this is purely a concession on the part of the accommodation provider.
A cash transfer for a voucher is not possible. Any difference amounts incurred will not be paid out.
VIII. Payment modalities/set-off
Payment can be made to the ordered products in different ways:
– Credit card: Visa and Master Card credit cards are accepted. Payment must be made with this payment method in the form of entering the data (credit card number, expiry date, security code) at the time of ordering. The debit will be made upon acceptance of the order (usually with the transmission of the confirmation e-mail).
– PayPal: This form of order is forwarded to the PayPal website. Payment processing is based on the terms of use of the company PayPal (https://www.paypal.com/at/webapps/mpp/ua/ useragreement-full).
– Bank transfer: With the sending of the invoice, the bank details of the accommodation provider are also sent to the guest and the payment is to be made within 14 days. In case of non-payment, the voucher will not be shipped and subsequently cancelled.
The guest is not entitled to set off any own claims against a claim of the accommodation provider or to withhold the payments for other reasons.
IX. Cancellation vouchers
Cancellation vouchers are issued to the guest in case of cancellation. The guest pays the cancellation fees incurred, receives a voucher from the accommodation provider in the amount of the total vacation costs (excluding the overnight tax) and thus has an additional profit.
– Credit card: Visa and Master Card credit cards are accepted. In case of this payment method, the payment must be made in the form that the guest provides the credit card number, expiration date and CVC code by phone/written. This must be done within 14 days. After that the amount will be debited from the accommodation provider and the voucher will be sent by mail.
– Bank transfer: With the sending of the invoice, the bank details of the accommodation provider are also sent to the guest and the payment is to be made within 14 days. If payment is not received, the voucher will not be sent.
The accommodation provider contacts the guests by mail after the payment deadline. If he does not receive any feedback from the guest within 3 days, the relevant invoices will be forwarded to the legal department of the accommodation provider and any claim on the part of the guest to the voucher will be forfeited.
The guest is not entitled to set off any own claims against a claim of the accommodation provider or to withhold the payments for other reasons.
X. Privacy policy
With regard to the data protection regulations, reference is made to the data protection declaration, which is to be seen as an integral part of the General Terms and Conditions.
The guest has been informed that the personal data, in particular name, address, telephone number, data of means of payment are necessary and necessary solely for the purpose of the execution of the resulting contractual relationship and are only available to on the basis of legal authority.
The guest hereby expressly consents to the processing of this personal data just mentioned for the purpose of fulfilling the contractual relationship (delivery and ordering of products) and to the transfer of the data to other possible suppliers for this purpose. This consent can be revoked at any time.
XI. Lottery
The accommodation provider offers various lotteries via the website at irregular intervals. It is noted that participation in the lotteries is only possible under the conditions stated here. The guest thus confirms that he/she expressly accepts the conditions stated here in the event that he/she participates in the lotteries.
For participation in lotteries, at least the first and last name as well as the e-mail address must be provided; the guest is responsible for the correctness. By participating in the lottery, the guest confirms that he or she has reached the age of 18 at the time of participation.
Participation in the lottery is only possible if a registration for the newsletter of the accommodation provider is made. The guest therefore confirms that he expressly agrees to the transmission of newsletters. Moreover, participation in a lottery is only possible within the specified times and only up to a certain point in time.
After the end of the lottery, the prizes will be drawn and the winners will be notified by e-mail. The prizes will be handed over either in person (proof must be provided here, e.g. photo ID) or by sending them to the e-mail address. Cash redemption is excluded.
The guest himself is responsible for the disclosure of the correctness of the data, especially the e-mail address. Accordingly, the accommodation provider shall not be liable for the incorrect transmission of e-mails.
The accommodation provider reserves the right to terminate the lottery at any time without prior notice.
The guest is not entitled to participate in a lottery more than once. Minors are also excluded from participating. If an ineligible person participates in a lottery, there is no entitlement even in the event of winning.
In the event of participation in a lottery, the guest expressly acknowledges that the redemption of vouchers of any kind (including bonus prizes from our wheel of fortune) is only possible subject to availability. Furthermore, the guest acknowledges that at certain times of the season or due to the capacity utilization in the hotel, no voucher redemption is possible.
Bonus prizes (Glückskind, Bio-Glück, Holadiriti – newsletter registration; Social Media Vouchers – for unpaid advertising on social media channels) cannot be combined with each other at any time, with vouchers, packages, a regular guest bonus or other competition prizes. The bonus prize “More luck than brains” requires a minimum stay of 4 nights and is valid in the months of July, August, 25.12. – 6.1., February – incl. 1 March weekend not redeemable.
Children’s prizes are also excluded from the bonus prize. 1 bonus can be redeemed per room booking. This also applies to the booking of several rooms – the bonus will be taken into account for one room. All bonus winnings are tied to the hotel’s occupancy rate at the time of stay when redeemable. Above a certain utilization rate, bonus vouchers cannot and will not be considered. The information about the redeemability of the voucher must be obtained from the guest at the time of enquiry, at the latest at the time of booking by phone or e-mail.
XII. Other
salvatory clause
Should any provision of these Terms and Conditions be ineffective in whole or in part or lose its legal validity in the future, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, an applicable provision is used which is legally closest to the invalid provision.
Choice of law and place of jurisdiction
Austrian substantive law applies to all sales contracts. The applicability of the UN Sales Law is excluded. All disputes arising from a contract are the subject of substantive jurisdiction by the court responsible for the domicile at the accommodation provider’s registered office. 8972 Ramsau is expressly agreed as the place of performance. The place of jurisdiction is 8970 Schladming.