{"id":404,"date":"2025-04-25T10:53:36","date_gmt":"2025-04-25T10:53:36","guid":{"rendered":"https:\/\/smarthotel-gallmersgarten.com\/?page_id=404"},"modified":"2026-03-19T10:53:12","modified_gmt":"2026-03-19T10:53:12","slug":"agb","status":"publish","type":"page","link":"https:\/\/smarthotel-gallmersgarten.com\/en\/agb\/","title":{"rendered":"GTC"},"content":{"rendered":"
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For reservations, credit card details will be stored in order to charge a fee of 40% for cancellations made 15 days prior to arrival, and less than 5 days prior to arrival, a fee of 70% of the booked services.<\/p>

Start and end of accommodation<\/strong>
The guest has the right to move into the rented rooms from 2.00 p.m. on the agreed day (\u201earrival day\u201c). If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay. The rented rooms must be vacated by the guest by 10.00 a.m. on the day of departure. The host is entitled to charge for a further day if the rented rooms are not vacated by the agreed time, and if the guest does not turn up by 6.00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.<\/p>

Rights of the contractual partner<\/strong>
By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to the guests for use without special conditions, and to the customary service. The Party shall exercise its rights in accordance with any hotel and\/or guest guidelines (house rules).<\/p>

Obligations of the contractual partner<\/strong>
The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate utilisation of services by the Party and\/or the accompanying guests plus statutory VAT by the time of departure at the latest. The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.. The Party shall be liable to the Proprietor for any damage caused by him or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.<\/p>

Rights of the accommodation provider<\/strong>
If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall be entitled to this right of retention or lien further to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred for the Party and for any claims for compensation of any kind. If service is requested in the room of the Party or at unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons. The Proprietor shall be entitled to invoice or interim invoice its services at any time.<\/p>

Obligations of the accommodation provider
<\/strong>The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard. The Proprietor shall be liable pursuant to sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. The Proprietor shall be liable pursuant to Section 970 (1) ABGB up to a maximum of the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party 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 shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contractual partner or guest shall be taken into account. The Proprietor's liability for slight negligence shall be excluded. If the Party is an Entrepreneur, liability for gross negligence shall also be excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.
The Proprietor shall only be liable for valuables, money and securities up to the current amount of \u20ac 550. The Proprietor shall only be liable for any damage in excess of this amount in the event that it has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
The Proprietor may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually stored by guests of the accommodation establishment concerned; liability shall be excluded in any case of accepted storage if the Party and\/or Guest fails to notify the Proprietor of the damage incurred without undue delay after becoming aware thereof. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right shall lapse.<\/p>

Limitations of liability
<\/strong>If the Party is a Consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded. If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.<\/p>

Animal husbandry
<\/strong>Animals may only be brought to the accommodating establishment with the prior consent of the accommodation provider and, if necessary, for a special fee. The Party bringing along an animal shall be obliged to properly keep or supervise this animal during its stay or to have it kept or supervised by a suitable third party at its own expense. The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided at the request of the accommodation provider.
The Party and\/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payments by the Proprietor that the Proprietor has to make to third parties.<\/p>

Extension of the accommodation
<\/strong>The Party shall not be entitled to an extension of their stay. If the Party notifies the Proprietor of its desire to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so. If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) that render all departure options closed or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider shall be entitled to demand at least the fee corresponding to the price usually charged in the low season.<\/p>

Termination of the accommodation contract - early cancellation
<\/strong>If the accommodation contract was concluded for a fixed term, it shall end upon expiry of the term. If the contracting party departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilisation of its services or what it has obtained by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms booked by the guest are not used and the room can be rented to other guests due to the cancellation by the contracting party. The contractual partner bears the burden of proof of the savings. The death of a guest shall terminate the contract with the accommodation provider. If the accommodation contract was concluded for an indefinite period, the contracting parties may cancel the contract by 10.00 a.m. on the third day before the intended end of the contract. The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour towards the other guests, the owner, the owner's staff or third parties staying in the accommodation establishment, makes living together unpleasant or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
c) fails to pay the invoices submitted when due within a reasonably set period (3 days).<\/p>

If the fulfilment of the contract becomes impossible due to an event deemed to be force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the Party shall be excluded.<\/p>

Illness or death of the guest
<\/strong>If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest's request. If there is imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, in particular 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 shall arrange for medical treatment at the guest's expense. However, the scope of these care measures shall end at the time when the guest is able to make decisions or the relatives have been notified of the case of illness. The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for patient transport, medication and medical aids
b) necessary room disinfection,
c) linen, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as these are connected with the<\/p>

illness or death were contaminated or damaged,
e) Room rent, insofar as the room has been used by the guest, plus any days on which the rooms cannot be used due to disinfection, evacuation or similar,
f) any other damage incurred by the accommodation provider.<\/p>

Communication via WhatsApp<\/strong>
a) The hotel uses the messenger service WhatsApp to contact and communicate with guests, in particular to transmit booking, arrival or stay information.
b) By making a booking, the guest expressly agrees that the hotel may use the contact details provided (name, telephone number) for this purpose.
c) This consent is valid until cancelled. A cancellation can be made at any time by sending a message with the word \u201eCANCELLATION\u201c to the hotel's WhatsApp contact or by email to booking@smarthotel-gallmersgarten.com<\/a> be sent.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

AGB Bei Reservierungen werden die Daten von Kreditkarten gespeichert, um bei einer Stornierung von 15 Tage vor Anreise en Geb\u00fchr von 40%, und weniger als 5 Tage vor die Anreise, eine Geb\u00fchr von 70% der gebuchten Leistungen. Beginn und Ende der BeherbergungDer Gast hat das Recht, die gemieteten R\u00e4ume ab 14.00 Uhr des vereinbarten Tages […]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-404","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/pages\/404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/comments?post=404"}],"version-history":[{"count":10,"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/pages\/404\/revisions"}],"predecessor-version":[{"id":1428,"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/pages\/404\/revisions\/1428"}],"wp:attachment":[{"href":"https:\/\/smarthotel-gallmersgarten.com\/en\/wp-json\/wp\/v2\/media?parent=404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}