GENERAL TERMS AND CONDITIONS

Robert Simonlehner GmbH & Co KG
(Conditions for accommodation)


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 by the accommodation provider in writing or in exceptional cases by telephone. The guest acknowledges that when concluding the contract, any house rules must be observed and adhered to.

IV. Down payment

The accommodation provider has the possibility to request down payments for certain bookings at its own discretion. In this case, however, the accommodation provider is obliged to draw attention to the down payment.

Should a deposit be required, the contract will not be legally valid as soon as the booking is confirmed, but only upon receipt of the prescribed amount at the accommodation provider’s account.

The guest undertakes to make the deposit in such a way that it arrives at the accommodation provider’s account no later than 7 days from the date of transmission of the booking confirmation. If the guest does not accept or do not make the deposit, this is considered a withdrawal from the contract or consensual termination and no contract is concluded.

For the further information, it should be noted that the down payment is only a partial payment.

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 elsewhere; 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 per person, excluding local tax (excluding city tax). The accommodation provider is entitled to charge this amount during check-in or check-out.

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.

VII. Rights of withdrawal

Hotelier:

The accommodation provider may withdraw from the accommodation amount without setting a grace period if a down payment is not made by the guest on time. The arrival by the guest must be made by __ 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

The accommodation provider has the right to claim compensation for cancellations. The following conditions apply:

– Cancellation up to 30 days before arrival: free of charge

– Cancellation between 29 days and 7 days before arrival: 50

– Cancellation from 7 days before arrival: 100

The guest undertakes to order the cancellation fee within 7 days of prior prescription by the accommodation provider. If payment is made by credit card, the accommodation provider is entitled to collect.

However, the accommodation provider recommends taking out travel cancellation insurance.

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

The transport of animals is only permitted with the prior consent of the accommodation provider. The accommodation provider has the right to charge a separate fee. 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.

However, animals are not allowed to stay in restaurant rooms and wellness areas under any circumstances, even if they are authorised to take them.

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

Robert Simonlehner GmbH & Co KG
(Purchase and delivery conditions for 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 this case, it is a mere concession of the accommodation provider.

A cash transfer for a voucher is not possible. If the consumption is less than the value of the voucher, a further credit will be issued.

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).

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. 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.

X. 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.