General terms and conditions
1 General
1.1 In case of doubt, the contracting party of Harisch Hotel GmbH is the orderer, even if he has ordered or co-ordered for other named persons.
1.2 Persons making use of the accommodation are guests within the meaning of the terms of contract.
1.3 The room photos shown on the website are example photos of the relevant category. There may be variations in designs, furnishings and floor plans.
2 Conclusion of contract, deposit
2.1 The accommodation contract is generally concluded by the guest’s reconfirmation of the reservation and receipt of the deposit. There is no legal right to withdraw from the accommodation contract.
2.2 It may be agreed that the guest pays a deposit. If payment is not made on time, the accommodation provider reserves the right to rent the room(s) to another party. In this respect, the non-punctual payment shall be deemed to be a withdrawal by the person making the booking.
2.3 Harisch Hotel GmbH may also demand advance payment of the entire agreed fee.
2.4 The sauna area and the fitness centre are reserved exclusively for guests aged 16 and over.
3 Start and end of the accommodation
3.1 The guest has the right to move into the rented rooms from 3 pm 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 pm on the agreed arrival day, unless a later arrival time has been agreed.
3.3 If the guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
3.4 If a room is occupied for the first time before 10 a.m., the previous night shall count as the first overnight stay.
3.5 The rented rooms are to be vacated by the guest by 11 a.m. on the day of departure.
4 Cancellation of the accommodation contract and rebooking
If no other cancellation conditions have been agreed, the following shall apply:
4.1 Up to 29 days before the agreed arrival date of the guest at the latest, the accommodation contract can be cancelled by both contracting parties by unilateral declaration without payment of a cancellation fee (exceptions: Special dates such as Christmas and New Year’s Eve & Hahnenkamm Race). The cancellation declaration must be in the hands of the contracting party no later than 29 days before the agreed arrival date of the guest.
4.2 The accommodation contract may be cancelled by either contracting party by means of a unilateral declaration no later than 8 days prior to the agreed date of arrival of the guest, however, a cancellation fee of 70% of the arrangement sum shall be payable. The cancellation declaration must be in the hands of the contracting party no later than 8 days before the agreed arrival date of the guest.
4.3 If the accommodation contract is cancelled 7 days or less before the agreed date of arrival or in the event of a no-show, a cancellation fee of 100% of the arrangement sum shall be payable.
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 day, unless a later arrival time has been agreed.
4.5 If the guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
4.6 Even if the guest does not make use of the ordered rooms or the guesthouse service or if the reason for the journey no longer applies (e.g. cancellation of the Hahnenkamm ski race), the guest shall be obliged to pay the accommodation provider the agreed fee. However, the accommodation provider must deduct what he/she has received by renting the booked rooms to other guests.
4.7 It shall be incumbent upon the Proprietor to endeavour to let the unused rooms to other parties in accordance with the circumstances (§ 1107 ABGB).
4.8 Cancellation of beauty & wellness appointments is possible free of charge up to 12 hours before the start of the treatment. After that, 100 % of the costs will be charged. The same applies in the event of no-show at the appointment.
4.9 It is possible to change the travel date within the relevant travel month. A rebooking fee of Euro 100 will be charged. In general, the currently valid cancellations apply.
5. provision of substitute accommodation
5.1 The Proprietor may provide the Guest with adequate substitute 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) has (have) become unusable, already accommodated guests extend their stay or other important operational measures necessitate this step.
5.3 Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
6. rights of the guest
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 establishment which are usually and without special conditions accessible to the guests for use, 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 The guest shall have no claim to compensation if the accommodation provider is ready to perform and the guest does not take the agreed meals within the usual times of the day and in the rooms designated for this purpose.
7 Obligations of the guest
7.1 Upon termination of the accommodation contract, the agreed remuneration shall be paid.
The Proprietor shall not be obliged to accept cashless means of payment such as cheques, credit cards, vouchers, vouchers, etc.
All costs necessary for the acceptance of these securities, e.g. for enquiries, etc., shall be borne by the guest.
7.2 If food or beverages are available at the accommodating establishment but are brought there and consumed in public rooms, the accommodation provider shall be entitled to charge reasonable compensation (so-called “stubble money” for beverages).
7.3 The accommodation provider’s consent must be obtained prior to the operation of electrical appliances brought by the guests and which are not part of the usual travel requirements.
7.4 The provisions of the law on damages shall apply to the damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third parties due to his/her fault or due to the fault of his/her companions or other persons for whom he/she is responsible, even if the injured party is entitled to claim damages directly from the accommodation provider.
8. rights of the Proprietor
8.1 If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall have the right to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention).
8.2 The Proprietor shall have the right of lien on the objects brought in by the Guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
8.3 If service is requested in the guest’s room or at unusual times of the day, the Proprietor shall be entitled to charge a special fee for this. He may also refuse these services for operational reasons.
9 Obligations of the Proprietor
9.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to the standard.
9.2 Special services of the accommodation provider that are not included in the accommodation fee: a) Special accommodation services that may be charged separately, such as the use of Lisi World, adventure camp, mountain drop, climbing tower, e-bike rental, cosmetics, massage, etc.
b) A reduced price will be charged for the provision of additional beds or children’s beds.
c) The prices quoted are inclusive prices.
10 Liability of the Proprietor for Damages
10.1 The Proprietor shall be liable for damage suffered by a Guest if the damage occurred within the scope of the establishment and the Proprietor or its employees are at fault.
10.2 Liability for items brought in. In addition, the accommodation provider shall be liable as the custodian for the items brought in by the accommodated guests up to a maximum amount of Euro 1,100, unless he proves that the damage was neither caused by him or one of his employees nor by third parties leaving and entering the house.
10.3 Under these circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of Euro 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 is therefore liable without limitation. A refusal of liability by notice shall have no legal effect.
The safekeeping of valuables, money and securities may be refused if the objects are considerably more valuable than guests of the establishment concerned usually leave in safekeeping. Agreements aimed at reducing liability below the level specified in the above paragraphs are invalid. Objects shall be deemed to have been brought in if they are taken over by a person in the service of the accommodating establishment or brought to a place assigned by the latter and designated for this purpose. (In particular §§ 970 ff. ABGB.)
11. keeping of animals
11.1 Animals may only be brought into the accommodation establishment with prior permission and, if necessary, for a special fee.
Animals are not allowed in the restaurant rooms or in the spa and fitness room.
11.2 The guest shall be liable for damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner (§ 1320 ABGB).
12. extension of the accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
13 Termination of the accommodation
13.1 If the Accommodation Agreement has been agreed upon for a certain period of time, it shall end upon the expiry of such period. If the Guest departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.
However, it shall be incumbent on the Proprietor to endeavour to let the unused rooms to another party in accordance with the circumstances.
13.2 The death of a guest terminates the contract with the accommodation provider.
13.3 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract at any time by giving three days’ notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be considered the first day of the notice period, but only the following day.
13.4 If the guest does not vacate his/her room by 11 a.m., the Proprietor shall be entitled to charge the room rate for an additional day.
13.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes considerably disadvantageous use of the rooms or makes living together unpleasant for the other residents due to his inconsiderate, offensive or otherwise grossly improper behaviour or is guilty of a punishable offence against property, morality or physical safety towards the Proprietor and his staff or a person living in the accommodating establishment;
b) is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
c) fails to pay the bill presented to him or her within a reasonable period of time after being requested to do so.
(6) If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated.
However, the accommodation provider shall be obliged to return the remuneration already received on a pro rata basis so that he does not derive any 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 his stay at the accommodating establishment, the accommodation provider shall be obliged to provide medical care if this is necessary and the guest is not able to do so himself.
The accommodation provider shall have the following claim for reimbursement of costs against the guest or, in the event of death, against his/her legal successor:
a) possible reimbursement of medical costs not yet paid by the guest;
b) for the necessary room disinfection, if ordered by the public health officer;
c) if applicable, compensation for linen, bed linen and bed furnishings which have become unusable, against surrender 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 soiled or damaged in connection with the illness or death;
e) for the room rent, as well as it is cancelled in connection with the illness or the death due to temporary unusability of the rooms (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 with factual and local jurisdiction for the accommodation establishment is agreed.