1.1. In case of doubt, the customer is the contractual partner of Harisch Hotel GmbH, even if he has ordered or ordered for other named persons.
1.2. Persons using the accommodation are guests within the meaning of the terms of the contract.
1.3. The room photos shown on the website are sample photos of the relevant category. There may be differences in design, equipment and floor plans.
2. Conclusion of contract, down payment
2.1. The accommodation contract is usually concluded when the guest confirms the reservation and receives the down payment. There is no statutory right of withdrawal from the accommodation contract.
2.2. It can be agreed that the guest makes a down payment. If payment is not made on time, the accommodation provider reserves the right to rent the room (s) to someone else. In this respect, the non-punctual payment acts like a withdrawal from the booking.
2.3. Harisch Hotel GmbH can also request prepayment of the entire agreed fee.
2.4. The sauna & wellness area and the fitness center are reserved for adults only.
3. Start and end of accommodation
3.1. The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
3.2. The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
3.3. If the guest has paid a deposit, the room (s) will be reserved by 12 noon the following day at the latest.
3.4. If a room is used for the first time before 10 a.m., the previous night counts as the first night.
3.5. The rented rooms must be vacated by the guest by 11 a.m. on the day of departure.
4. Withdrawal from the accommodation contract
If no other cancellation conditions have been agreed:
4.1. Up to 29 days before the agreed arrival date of the guest, the accommodation contract can be canceled by both contractual partners without paying a cancellation fee (assumptions: bookings for the Harisch Suites Kitzbühel and special dates such as Christmas and New Year's Eve). The cancellation declaration must be in the hands of the contractual partner at least 29 days before the agreed arrival date of the guest.
4.2. Up to 8 days before the guest's agreed arrival date, the accommodation contract can be canceled by both contracting parties by unilateral declaration, however a cancellation fee of 70% of the arrangement amount must be paid. The declaration of cancellation must be in the hands of the contractual partner at least 8 days before the agreed arrival date of the guest.
4.3. If the accommodation contract is canceled 7 days before the agreed arrival date or less or in the event of no-show, a cancellation fee of 100% of the arrangement amount must be paid.
4.4. The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
4.5. If the guest has paid a deposit, the room (s) will be reserved by 12 noon the following day at the latest.
4.6. Even if the guest does not use the ordered room or the pension or if the reason for the trip ceases to exist (e.g. cancellation of the Hahnenkamm ski race), he is obliged to pay the accommodation provider the agreed fee. The accommodation provider must, however, deduct what he has obtained by renting the ordered rooms to someone else.
4.7. It is the responsibility of the accommodation provider to endeavor to lease the rooms not used in accordance with the circumstances (§ 1107 ABGB).
4.8. Beauty and wellness appointments can be canceled free of charge up to 12 hours before the start of treatment. After that, 100% of the costs will be charged. The same applies to no-shows at the appointment.
5. Provision of alternative accommodation
5.1. The accommodation provider can provide the guest with adequate alternative accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.
5.2. An objective justification is given, for example, if the room (s) have become unusable, guests who have already stayed are extending their stay or other important operational measures require this step.
5.3. Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
6. Guest rights
6.1. By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation company, which are usually available to the guests for use and without special conditions, and to the usual service.
6.2. The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
6.3. If the accommodation provider is willing to perform, the guest is not entitled to compensation if he does not use the agreed meals within the usual times of the day and in the rooms intended for this.
7. Obligations of the guest
7.1. At the end of the accommodation contract, the agreed fee must be paid.
The accommodation provider is not obliged to accept cashless means of payment such as checks, credit cards, vouchers, vouchers etc.
All costs necessary for the acceptance of these securities, e.g. for inquiries etc., are borne by the guest.
7.2. If food or drinks are available in the accommodation establishment, but are brought there and consumed in public spaces, the accommodation provider is entitled to charge a reasonable compensation (so-called "stubble fee" for drinks).
7.3. Before putting electrical devices into operation, which guests bring with them and which do not belong to the usual travel needs, the consent of the accommodation provider must be obtained.
7.4. For the damage caused by the guest, the regulations of compensation law apply. Therefore, the guest is liable for any damage and disadvantage suffered by the accommodation provider or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to compensation to use the accommodation provider directly.
8. Rights of the accommodation provider
8.1. If the guest refuses to pay the conditional fee or is in arrears with it, the owner of the accommodation company has the right to retain the items brought in to secure his claim from the accommodation and meals as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention.)
8.2. The accommodation provider has the right of lien on the objects brought in by the guest to ensure the agreed fee. (§ 1101 ABGB legal lien of the accommodation provider.)
8.3. If service is requested in the guest's room or at unusual times of the day, the accommodation provider is entitled to request a special fee. He can also refuse these services for operational reasons.
9. Obligations of the accommodation provider
9.1. The accommodation provider is obliged to provide the agreed services to an extent that complies with the standard.
9.2. Special services of the accommodation provider subject to labeling, which are not included in the accommodation fee:
a) Special accommodation services that can be invoiced separately, such as the provision of salons, sauna and indoor pool, swimming pool, solarium, multi-story pool, garage, etc.
b) a reduced price is charged for the provision of additional beds or cots.
(3) The awarded prices have to be inclusive prices.
10. Liability of the accommodation provider for damage
10.1. The accommodation provider is liable for any damage suffered by a guest if the damage occurred in the course of the business and if he or his employees are at fault.
10.2. Liability for items brought in. In addition, the accommodation provider is liable as a custodian for the items brought in by the guests, up to a maximum of EUR 1,100, unless he proves that the damage is not his fault or that of one of his employees, nor is it caused by third parties who come and go in the house was caused.
10.3. In these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of EUR 550, unless he has taken these items into custody with knowledge of their nature or the damage was caused by himself or his employees and he therefore has unlimited liability. A refusal of liability through a stop is legally ineffective.
The safekeeping of valuables, money and securities can be refused if the items in question are much more valuable than the guests of the business concerned usually put into safekeeping. Agreements by which the liability is to be reduced to the extent specified in the above paragraphs are ineffective. Items are considered to be brought in if they are taken over by a person in the service of the accommodation company or are brought to a designated place for this purpose. (In particular §§ 970 ff. ABGB.)
11. Animal husbandry
11.1. Animals may only be brought into the accommodation facility after prior approval and, if necessary, for a special fee.
Animals are not allowed in the salons, social and restaurant rooms or in the spa.
11.2. The guest is liable for the damage caused by animals brought in, in accordance with the legal regulations applicable to the animal owner (§ 1320 ABGB).
12. Extension of accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
13. Termination of accommodation
13.1. If the accommodation contract has been agreed for a certain time, it ends with the passage of time. If the guest leaves prematurely, the accommodation provider is entitled to demand the full agreed fee.
However, it is the responsibility of the accommodation provider to endeavor to rent the unused rooms to other circumstances, depending on the circumstances.
13.2. The contract with the accommodation provider ends upon the death of a guest.
13.3. If the accommodation contract was concluded for an indefinite period, the contracting parties can terminate the contract at any time with three days' notice. The contract partner must be given notice of cancellation before 10 a.m., otherwise this day is not the first day of the notice period, but only the following day.
13.4. If the guest does not vacate his room by 11 a.m., the accommodation provider is entitled to charge the room price for another day.
13.5. The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
a) makes considerable disadvantageous use of the premises or, through his reckless, offensive or otherwise grossly improper behavior, spoils the other roommates from living together or acts against the property owner and his people or a person living in the accommodation establishment against a punishable act against the property, guilty of morality or physical security;
b) suffers from an infectious or long-term illness or in need of care;
c) fails to pay the invoice presented to him within a reasonable period of time.
(6) If the fulfillment of the contract becomes impossible due to an event that is considered force majeure, the contract will be terminated.
However, the accommodation provider is obliged to return the fee already received on a pro rata basis so that he does not profit from the event. (§ 1447 ABGB.)
14. Illness or death of the guest in the accommodation establishment
14.1. If a guest falls ill during their stay in the accommodation facility, the accommodation provider is obliged to provide medical care if this is necessary and the guest is unable to do so himself.
The accommodation provider has the following cost reimbursement claim against the guest or in the event of death against his legal successor:
a) any reimbursement of medical expenses not yet paid by the guest;
b) for the required room disinfection, if ordered by the medical officer;
c) if necessary, replacement for the laundry, bed linen and bedding that have become unusable, against delivery of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death;
e) for the room rental as soon as it becomes unusable in connection with the illness or death due to the rooms being temporarily unusable (at least three, at most seven days).
15. Place of performance and jurisdiction
15.1. The place of performance is the place where the accommodation is located.
15.2. For all disputes arising from the accommodation contract, the court, which is responsible for the accommodation company and is responsible locally, is agreed.