General Terms and Conditions (GTC)

As of August 2024

All personal designations are intended to be gender-neutral and serve solely to simplify readability.

General

1. Scope and Validity

These General Terms and Conditions (GTC) apply to the following services provided by Hirschen Hotel GmbH, Elsenheimstr. 9a, 5020 Salzburg (hereinafter referred to as “Hotel”):

Accommodation of guests
(described below under “Accommodation”)
Rental of premises of various sizes for events and the execution of events
(described below under “Event”)

The business relationship between the contracting party, guest, or participant (hereinafter referred to as “Contracting Party” or “Guest”) and the Hotel (together referred to as the “Contracting Parties”) is exclusively governed by the following GTC, as valid at the time of the conclusion of the contract.

Contrary GTC or purchasing conditions of the Contracting Party are invalid unless explicitly acknowledged in writing by the Hotel.

Smoking is only permitted in designated and marked areas of the Hotel’s buildings. Non-compliance may result in cleaning fees and compensation for loss of revenue in case of unusability or unrentability of the affected areas.

2. Photography/Filming in Hotel Premises

Photography/filming is generally allowed in the rooms and premises for private purposes, provided that the hotel, facilities, and rooms are not damaged. The images must not be offensive, obscene, or in any way defamatory to the hotel, for example, if published on social media.

For photography/filming for commercial purposes or during events, the Hotel requires prior registration, and a separate contract must be concluded for this purpose.

3. Internet & Wi-Fi

The Internet is available free of charge in the hotel’s premises. However, a certain bandwidth or uninterrupted internet use cannot be guaranteed.

4. Billing and Payment

The full invoice amount for accommodation (minus the deposit) must be paid by the Contracting Party no later than the departure day unless otherwise agreed.

The full invoice amount for events (minus the deposit) must be paid by the Contracting Party upon receipt of the invoice unless otherwise agreed.

All invoices are payable immediately without any deduction.

If the Contracting Party fails to pay the invoice on time, the Hotel reserves the right to charge interest on arrears at the highest legally permissible rate.

All stated prices include the legally applicable VAT. Should the VAT rate increase between booking and arrival or event date, the Hotel is entitled to charge the difference.

5. Cost Coverage & Credit Card Authorization

If contracts are concluded on behalf of a company, the Contracting Party must provide the Hotel with a signed cost coverage declaration (if different from the contract) and a credit card authorization specifying the purpose and persons for whom the costs will be covered and for whom payment may be made using the specified credit card.

6. Limitation of Liability

If the Contracting Party is a consumer, any liability of the Hotel for damages due to slight negligence in the sphere of the Contracting Party, except for personal injury, is excluded.

If the Contracting Party is a business, any liability of the Hotel for damages due to slight or gross negligence in the sphere of the Contracting Party is excluded, except for personal injury. In this case, the Contracting Party bears the burden of proof for any fault on the part of the Hotel. Consequential damages, immaterial damages, or indirect damages, as well as lost profits, are never compensated.

7. Data Protection

The Hotel processes the data received from the Contracting Party in the manner necessary to fulfill the contract.

Further information is available in the privacy policy:
https://zumhirschen.at/datenschutz/

8. Choice of Law and Jurisdiction

All legal relationships between the Contracting Parties are governed by Austrian law, excluding the referral rules of international private law. The place of fulfillment is the location of the Hotel.

All disputes arising from this contract are subject to the jurisdiction of the court with subject matter jurisdiction at the Hotel’s location. However, the Hotel also has the right to sue at the general place of jurisdiction of the Contracting Party.

For all claims against a consumer who resides, regularly stays, or is employed domestically, the court of the district in which the consumer resides, stays, or works has jurisdiction. For consumers who do not have a residence in Austria at the time of contract conclusion, the legal jurisdictions apply.

9. Severability Clause

Should any provision of these GTC be or become invalid, this does not affect the validity of the remaining provisions and the contracts concluded under them. Each invalid provision must be replaced by a valid provision that comes closest to its meaning and economic purpose.

Accommodation

1. Definitions

“Hotel”: The provider of accommodations to guests for a fee.
“Guest”: A natural person who uses the accommodation services of the hotel. Guests are also those persons who accompany the contracting party.
“Group Booking”: A group booking occurs when a legal or natural person concludes an accommodation contract for several people.
“Contracting Party”: A natural or legal person who concludes an accommodation contract as a guest or on behalf of a guest.
“Accommodation Contract”: The contract concluded between the hotel and the contracting party for the accommodation of persons at the hotel, the content of which is regulated by these GTC.
“Consumer” and “Entrepreneur”: These terms are understood within the meaning of the Consumer Protection Act of 1979 as amended.

2. Conclusion of Contract – Deposit

The accommodation contract is concluded:

In the case of a booking via the booking portal on the hotel’s own website, by clicking the “BOOK NOW” button;
Through other booking portals, by clicking the button that triggers a payment-required order process;
By phone or email, with the receipt of the booking confirmation;
Directly on-site at the hotel reception.

Electronic statements are considered received when the hotel can retrieve them under normal circumstances and during the hotel’s published business hours.

The hotel is entitled to conclude the accommodation contract under the condition that the contracting party provides a deposit or a credit card guarantee. A distinction is made between individual guests and group bookings.

For individual guests, depending on the booked rate:

Flexible Rate – The contracting party’s credit card is held as a guarantee, or a deposit is required.
Non-Flexible Rate – A full prepayment is required for the booking. The contracting party’s credit card will be charged immediately.

The contracting party is obligated to pay the deposit within the period stated in the pro forma invoice without any deductions.

For Advanced Purchase contracts, the contracting party must pay the total amount for the entire booked period immediately.

The costs for the financial transaction (e.g., transfer fees) are borne by the contracting party. For credit and debit cards, the respective conditions of the card companies apply.

The deposit is considered a partial payment toward the agreed total price.

3. Local Tax

The contracting party is obligated to pay the local tax applicable at the hotel location for themselves and all accompanying persons in the amount prescribed for the duration of the stay.

4. Usage Period

The contracting party has the right to occupy the rented rooms for the period specified in the respective booking confirmation or in the FAQ on the hotel’s website:
https://zumhirschen.at/faq/

If the contracting party books a night with guaranteed early check-in, the preceding night counts as the first night, and the hotel is entitled to charge for this night.

The contracting party has the option to use the room beyond the usage period for an additional fee by special arrangement.

5. Inability to Arrive/Force Majeure

If the contracting party and/or accompanying persons are unable to arrive at the hotel on the day of the start of the stay due to unforeseen extraordinary circumstances falling under the concept of “force majeure” (e.g., natural disasters like floods, earthquakes, avalanches, heavy snowfall, or extensive forest fires; epidemics; pandemics and resulting border closures; outbreak of war or imminent war danger in the country of origin; systematic terrorist attacks on tourists or groups to which they belong; strikes of air traffic controllers, airport personnel; entry bans into Austria; stricter health regulations in Austria that cannot be met by the traveler; travel disruptions such as train cancellations or flight cancellations due to weather conditions; blackouts), the contracting party is not obligated to pay the agreed fee for the days they cannot spend at the hotel.

The obligation to pay for the booked stay resumes when travel becomes possible again.

6. Provision of Alternative Accommodation

If justified by reasonable grounds, the hotel may provide the contracting party and accompanying guests with equivalent alternative accommodation (of equal quality) if it is reasonable for the contracting party, particularly if the difference is minor and objectively justified.

Reasonable grounds may include cases where the room(s) have become unusable, other guests extend their stay, overbooking occurs, or other important operational reasons necessitate this step.

Any additional expenses for the alternative accommodation will be borne by the hotel.

7. Rights of the Contracting Party

By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the hotel’s facilities that are generally accessible to guests without special conditions, and the usual services.

8. Obligations of the Contracting Party

The contracting party must fulfill their obligations in accordance with the house rules.

The contracting party is obligated to pay the agreed fee plus any additional charges incurred due to special services used by them and/or their accompanying persons, including statutory VAT, no later than at the time of departure.

The hotel is not obligated to accept foreign currencies. If the hotel accepts foreign currencies, they will be credited as far as possible at the daily exchange rate. If the hotel accepts foreign currencies or cashless means of payment, the contracting party bears all associated costs, such as inquiries with credit card companies, etc.

The contracting party is liable to the hotel for any damage caused by them and any accompanying persons who receive services from the hotel with the contracting party’s knowledge or consent.

9. Rights of the Hotel

If the contracting party refuses to pay the agreed fee or is in arrears, the hotel has the legal right of retention according to § 970c ABGB (Austrian Civil Code) and the legal lien according to § 1101 ABGB on the items brought in by the contracting party or guest. This right of retention or lien also secures the hotel’s claims arising from the accommodation contract, particularly for meals, other expenses incurred for the contracting party, and any compensation claims of any kind.

If room service is requested at unusual times (after 8:00 p.m. and before 6:00 a.m.), the hotel is entitled to charge a special fee. The hotel may refuse services for operational reasons.

The hotel has the right to issue an invoice or interim invoice for its services at any time.

10. Obligations of the Hotel

The hotel is obligated to provide the agreed services to the standard corresponding to its level.

Special services not included in the accommodation fee must be separately marked by the hotel. These include, for example, the provision of additional or children’s beds, etc.

11. Cancellation Conditions by the Contracting Party

The cancellation conditions for hotel rooms by the contracting party for individual bookings are specified in the booking confirmation.

The cancellation conditions for hotel rooms by the contracting party for group bookings are specified in the contract concluded for the booking.

12. Cancellation by the Hotel & Force Majeure

If the accommodation contract does not provide for a deposit or credit card guarantee, the hotel is entitled to withdraw from the contract up to one day before arrival (at the latest by 6:00 p.m.). The guest will be informed of this in writing.
If the guest does not arrive by 6:00 p.m. on the agreed arrival date, the hotel is not obligated to provide accommodation unless a later arrival time has been agreed upon with the hotel. The agreed total fee for the entire booked period will be charged to the guest.
If the accommodation contract requires a deposit or credit card guarantee and the deposit or credit card guarantee has not been provided by the contractual partner within the stipulated time, the hotel may withdraw from the accommodation contract at any time without setting an additional deadline.
If the contractual partner has made a deposit or provided a credit card guarantee, the guest may arrive later than agreed, and the booked room category will be guaranteed and held for the guest for up to three days, provided that the hotel has been informed of the later arrival time, including the exact arrival time. In the event of late arrival or no-show, the agreed total fee for the entire booked period will be charged.
If the fulfillment of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters such as floods, earthquakes, avalanches, heavy snowfall, or widespread forest fires; epidemics in the country of origin or Austria; pandemics and resulting border closures; systematic terrorist attacks on tourists or groups to which they belong; entry bans into Austria; blackouts; etc.), the hotel may terminate the accommodation contract at any time without notice unless the contract is already deemed terminated by law, or the hotel is released from its obligation to provide accommodation. Any claims of the contractual partner for damages or other compensation are excluded.
The hotel reserves the right to withdraw from the accommodation contract if a travel warning related to health threats is issued by the Austrian Foreign Ministry for the country of origin of the contractual partner and/or accompanying persons. The same applies even if the contractual partner has made a deposit or provided a credit card guarantee.

13. Parking Facilities

If the hotel has its own parking facilities, it may offer the guest a parking space in a parking garage. Although billing is handled by the hotel, this does not establish a storage contract. The number of parking spaces may be limited, so the guest has no claim to a parking space. The hotel has no obligation to provide supervision. The hotel is not liable for loss or damage to vehicles parked or maneuvered there or their contents, unless the hotel or its representatives or agents are responsible for intent or gross negligence. If this is the case, the damage must be reported immediately, but no later than at the time of departure. In any case, the garage conditions of the respective parking facilities apply.
If the hotel does not have its own parking facilities, it may offer the guest a parking space in public parking garages at special rates. Again, despite billing through the hotel, no storage contract is established between the hotel and the guest. In any case, the garage conditions of the respective parking garage apply.

14. Pets

Pets may be brought into the hotel for an additional fee.
The contractual partner bringing a pet is obliged to properly house or supervise the pet during their stay or have it housed or supervised at their expense by suitable third parties.
The contractual partner or guest bringing a pet must have appropriate pet liability insurance or personal liability insurance that also covers any damage caused by the pet. Proof of such insurance must be provided upon the hotel’s request.
The contractual partner or their insurer is jointly liable to the hotel for any damage caused by the pet. The damage includes, in particular, compensation the hotel must pay to third parties.
Pets are not allowed in lounges, public areas, event rooms, restaurants, or wellness areas.

15. Extension of Accommodation

The contractual partner has no right to an extension of their stay. If the contractual partner expresses a desire to extend their stay in a timely manner, the hotel may agree to extend the accommodation contract. The hotel is under no obligation to do so.
If the contractual partner cannot leave the hotel on the day of departure due to unforeseen extraordinary circumstances (e.g., extreme snowfall, flooding, or other force majeure events) that make all departure options blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction in the fee for this time may only be possible if the contractual partner cannot fully utilize the services offered by the hotel due to the exceptional weather conditions. The hotel is entitled to charge at least the amount corresponding to the usual daily rate.

16. Termination of the Accommodation Contract – Early Termination

If the accommodation contract is concluded for a specified period, it ends upon expiration of that period.
If the contractual partner departs early, the hotel is entitled to charge the total fee for the entire booked period. The hotel will deduct any savings it has from not providing its services or any income it receives from renting the room to other guests. Savings are only considered to exist if the hotel is fully booked at the time of non-use of the booked room, and the room can be rented to other guests due to the contractual partner’s cancellation. The burden of proving the savings lies with the contractual partner.
If the contractual partner or accompanying persons violate the house rules, the hotel may terminate the accommodation contract by unilateral declaration. In this case, the contractual partner must pay the total fee for the entire booked period.
The accommodation contract ends with the death of a guest.
The hotel is entitled to terminate the contract and thus the accommodation at any time:

if the accommodation endangers the smooth operation of the business;
if the reputation or security of the establishment is at risk;
in the event of force majeure;
if insolvency or restructuring proceedings are initiated over the assets of the customer, or if the customer’s financial situation deteriorates to such an extent that payment for the agreed services cannot be expected.

17. Illness or Death of the Guest

If a guest falls ill during their stay at the hotel, the hotel will arrange medical care upon the guest’s request. If there is immediate danger, the hotel will arrange for medical care even without a specific request from the guest, especially if this is necessary and the guest is unable to do so themselves.
As long as the guest is unable to make decisions, or if the guest’s relatives cannot be contacted, the hotel will arrange for medical treatment at the guest’s expense. However, these care measures end as soon as the guest can make decisions or the relatives have been informed of the illness.
The hotel is entitled to claim reimbursement from the contractual partner and the guest or, in the event of death, from their legal successors for the following costs:

outstanding medical costs, costs for medical transport, medications, and necessary medical aids;
room disinfection if required;
replacement of any linen, bed linen, and bed furnishings rendered unusable, or costs for their disinfection or thorough cleaning;
restoration of walls, furnishings, carpets, etc., to the extent that they were soiled or damaged in connection with the illness or death;
room rent for the period the room was occupied by the guest, plus any days the room was unusable due to disinfection, clearance, etc.;
any other damages incurred by the hotel.

18. Hotel Liability for Items Brought

The hotel is liable under §§ 970 ff of the Austrian Civil Code (ABGB) for items brought by the contractual partner. The hotel’s liability is only given if the items have been handed over to the hotel or persons authorized by the hotel, or if they have been brought to a location specified or designated by the contractual partner. If the hotel cannot prove otherwise, it is liable for its own fault or the fault of its agents as well as for the actions of incoming and outgoing persons. The hotel is liable according to § 970 (1) ABGB up to the amount set in the Federal Act of November 16, 1921, on the liability of innkeepers and other entrepreneurs, in its current version. If the contractual partner or guest does not immediately comply with the hotel’s request to deposit their items in a special storage location, the hotel is released from any liability.
The amount of any liability is limited to the hotel’s maximum liability insurance coverage. The contractual partner or guest’s own fault will be taken into account when determining any compensation.

The hotel’s liability is excluded for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In such cases, the burden of proof for the fault lies with the contractual partner. Consequential damages or indirect damages, as well as lost profits, will not be compensated under any circumstances.
The hotel is liable for valuables, money, and securities only up to the current amount of 550 euros. The hotel is only liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the hotel itself or its agents. The liability limitations set out in these General Terms and Conditions apply accordingly.
The hotel may refuse to store valuables, money, and securities if they are significantly more valuable than items usually entrusted to the hotel by guests.
In any case of assumed safekeeping, liability is excluded if the contractual partner and/or guest does not immediately report the damage to the hotel upon discovery. In addition, such claims must be asserted in court by the contractual partner or guest within three years of discovery or possible discovery; otherwise, the right is extinguished.