GENERAL TERMS AND CONDITIONS
§ 1 Scope
1.1 The present General Terms and Conditions (GTC) shall apply to all services provided by Fuchspalast Art Hotel of STAMA Veranstaltungs- & Stadtmarketing GesmbH (hereinafter “Fuchspalast Art Hotel”) for guests, organisers and other contract partners (hereinafter “Contract Partners”). The services consist, in particular, in transferring the use of hotel rooms and other premises for valuable consideration, e.g. for seminars, congresses, presentations, conferences, banquets, and other events, and in selling food and drinks. Fuchspalast Art Hotel shall be entitled to have its services provided by third parties.
1.2 The present GTC refer to all types of contracts, such as hotel accommodation contracts, package tour contracts, quota agreements or event agreements, that are concluded with Fuchspalast Art Hotel. The GTC shall also apply to all future business transactions with the Contract Partner.
1.3 The Contract Partner’s GTC shall not apply, even if Fuchspalast Art Hotel fails to explicitly object to the latter. Counter-confirmations by the Contract Partner including a reference to the latter’s GTC are hereby objected to.
§ 2 Contract conclusion
2.1 Applicable only in case of letting up to 9 hotel rooms:
The relevant contract shall basically be established upon an oral or written request by the Contract Partner and by Fuchspalast Art Hotel accepting the same. It shall be up to Fuchspalast Art Hotel to accept the request in writing, orally, in text form (e-mail, fax) or conclusively, through service provision.
2.2 Applicable only in case of letting 10 or more hotel rooms:
The relevant contract shall basically be established only upon a written request by the Contract Partner and by Fuchspalast Art Hotel accepting the same in writing.
2.3 Any subletting or the gratuitous use of the rooms by third parties as well as using the same for any other purpose than accommodation shall only be permissible if Fuchspalast Art Hotel explicitly permits such use. At its own discretion, Fuchspalast Art Hotel may grant a written exception upon request.
§ 3 Down payment
3.1 Fuchspalast Art Hotel shall be entitled to make the conclusion of the contract conditional upon the Contract Partner making a down payment.
3.2 The Contract Partner undertakes to transfer the down payment under the contract, gross without deduction of bank charges, to the account indicated in the contract, referring to the booking document and the date of arrival.
3.3 The down payment constitutes a partial payment of the agreed fee.
§ 4 Use and handover of the room, departure
4.1 Unless Fuchspalast Art Hotel offers any other time for check-in, the Contract Partner shall be entitled to move into the rooms booked by them at 3:00 p.m. on the day agreed (“Day of Arrival”).
4.2 On the day of departure, the Contract Partner shall clear the rooms occupied by them by 11:00 a.m. at the latest. The party providing accommodation shall be entitled to charge the guest for another day if the latter fails to clear the relevant rooms in time.
4.3 If no other agreement was made, any rooms booked shall be reserved until 6:00 p.m.; after 6:00 p.m., Fuchspalast Art Hotel shall be entitled to give away any booked rooms to third parties, without the Contracting Partner being entitled to any rights or claims in relation thereto.
§ 5 Withdrawal from the contract by Fuchspalast Art Hotel
5.1 If the contract provides for a down payment and if the Contract Partner fails to effect the down payment in time, Fuchspalast Art Hotel may withdraw from the contract without granting a period of grace.
5.2 If the guest does not show up until 6:00 p.m. on the agreed Day of Arrival, the hotel shall be under no obligation to provide accommodation, unless any later time of arrival was agreed.
5.3 The party providing accommodation shall be entitled to cancel the accommodation contract, by unilateral declaration, for objectively justified reasons until no later than 3 months prior to the agreed Day of Arrival of the Contract Partner, unless otherwise agreed.
§ 6 Withdrawal by the Contract Partner – cancellation fee
6.1 For custom tours (up to 20 persons):
Unless agreed otherwise, the following cancellation terms shall apply: rooms may be cancelled at no charge until 48 hours before the Day of Arrival.
6.2 For group tours (20 persons and more):
Unless agreed otherwise, the following cancellation terms shall apply:
Groups of more than 20 persons
- Cancellation at no charge until 31 days before arrival
- 50% of the total costs booked until 30 – 21 days before arrival
- 70% of the total costs booked until 20 – 14 days before arrival
- 90% of the total costs booked until 13 – 7 days before arrival
- 100% of the total costs booked 6 days before arrival, and later
7.2 Objective justification shall exist, for instance, if the room (the rooms) has (have) become unfit for occupation, if guests already accommodated in the relevant room(s) extend their stay, in case of overbooking, or if any other important operational measures require such substitute accommodation.
7.3 Any extra expenses incurred for the substitute accommodation shall be borne by Fuchspalast Art Hotel.
§ 8 Rights of the Contract Partner
8.1 By concluding an accommodation contract, the Contract Partner shall acquire the right to use, in the usual way, the leased premises, the facilities of the hospitality business that are commonly accessible to guests without any special conditions as well as a right to the usual service. The Contract Partner shall exercise their rights in accordance with any hotel policies and/or guidelines for guests (house rules).
§ 9 Duties of the Contract Partner
9.1 Unless otherwise provided for under the contract, the Contract Partner shall be obliged to pay the agreed fee plus any extra amounts incurred due to separate services used by the Contract Partner and/or by the guests accompanying the latter, plus statutory VAT and other statutory taxes, by the time of departure at the latest.
9.2 Fuchspalast Art Hotel shall not be obliged to accept foreign currencies. If Fuchspalast Art Hotel accepts foreign currencies, they shall be accepted for payment at the respective daily rate of exchange if possible. Should Fuchspalast Art Hotel accept foreign currencies or non-cash means of payment, the Contract Partner shall bear all associated costs, such as research with credit card companies etc.
§ 10 Rights of Fuchspalast Art Hotel
10.1 If the Contract Partner refuses to pay the agreed fee or if they are in arrears with payment, Fuchspalast Art Hotel shall be entitled to the statutory right of retention under section 970c ABGB (Austrian Civil Code) as well as the statutory lien under section 1101 ABGB to the objects brought into the hotel by the Contract Partner and/or the guest. Said right of retention or lien shall also be due to the party providing accommodation for securing their amount receivable under the accommodation contract, in particular for meals, other expenses incurred for the Contract Partner and for any kind of compensation claims.
10.2 Fuchspalast Art Hotel shall be entitled to settle accounts, or interim accounts, in relation to its services at any time.
§ 11 Duties of Fuchspalast Art Hotel
11.1 The party providing accommodation is obliged to provide the agreed services to the extent comprised by its hotel standard.
11.2 Special services of Fuchspalast Art Hotel, which are not included in the accommodation fee and must be indicated accordingly are, for instance:
a) special services of Fuchspalast Art Hotel that may be charged separately, such as solarium, underground car park etc.;
b) a reduced price shall be charged for the provision of extra beds or cots, as available.
§ 12 Liability of Fuchspalast Art Hotel for damage to personal property
12.1 The Contract Partner shall be obliged to deposit valuables in the safe available in the room. Insurance cover in the amount of up to € 1,300.-- is in place.
12.2 The party providing accommodation may refuse the safekeeping of precious objects, money and securities if the objects in question are significantly more valuable than those usually handed over for safekeeping by guests of the relevant hospitality business.
12.3 In any instance of safe custody so accepted, liability shall be excluded if the Contract Partner and/or the guest fails to report the loss incurred to Fuchspalast Art Hotel immediately after taking notice of the same. Moreover, such claims must be asserted by the Contract Partner or the guest in court within three years of taking notice or potentially taking notice of the same; otherwise this right shall lapse.
§ 13 Limitations of liability
13.1 If the Contract Partner is a consumer, the liability of Fuchspalast Art Hotel in case of ordinary negligence shall be excluded, except in case of physical injury.
13.2 If the Contract Partner is an entrepreneur, the liability of Fuchspalast Art Hotel in case of ordinary and gross negligence shall be excluded. In that case, the Contract Partner shall have the burden of proof regarding the existence of culpability. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. In any case, the loss to be compensated shall be limited to the amount of damage incurred due to the fact that the party had relied on the validity of the contract (Vertrauensinteresse).
§ 14 Animals
14.1 Animals must not be brought into the hospitality business except with the prior consent of the party providing accommodation and for a special fee, if applicable.
14.2 The Contract Partner who brings an animal shall be obliged to properly keep and supervise that animal for the duration of their stay or to have the same kept and/or supervised by suitable third parties at the Contract Partner’s expense.
14.3 The Contract Partner and/or the guest who brings an animal shall dispose of adequate animal third-party liability insurance or private third-party liability insurance that also covers any damage caused by animals. Evidence of the corresponding insurance policy shall be provided upon request by the party providing accommodation.
14.4 The Contract Partner and/or their insurer shall be jointly and severally liable to Fuchspalast Art Hotel for the damage caused by animals brought along by the former. Such damage shall also include, in particular, the compensation to be provided to third parties by the party providing accommodation (Fuchspalast Art Hotel).
14.5 Animals must not stay in the seminar rooms and restaurant premises and in the spa.
§ 15 Extension of accommodation
15.1 The Contract Partner shall not be entitled to any extension of their stay. If the Contract Partner announces their wish to extend their stay at the hotel in time, Fuchspalast Art Hotel may agree to extend the accommodation contract. Fuchspalast Art Hotel shall be under no obligation to do so.
15.2 If, on the day of departure, the Contract Partner cannot leave the hospitality business because all options to leave the place are blocked or cannot be used due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding etc.), the accommodation contract shall automatically be extended for as long as departure is impossible, if available.
§ 16 Termination of the accommodation contract – early cancellation
16.1 If the accommodation contract was concluded for a definite period, it shall end upon expiry of said period.
16.2 If the Contract Partner leaves prematurely, Fuchspalast Art Hotel shall be entitled to claim the entire fee agreed. Fuchspalast Art Hotel shall deduct the amount the hotel saves due to its offered services not being made use of or the amount it has received through letting the booked rooms to other persons. Any such saving shall only exist if the hospitality business is fully booked at the time the guest refrains from using the booked premises and if the premises can be let to other guests due to the Contract Partner cancelling the same. The burden of proof regarding the savings shall be on the Contract Partner.
16.3 The contract with Fuchspalast Art Hotel shall end upon the death of a guest.
16.4 Fuchspalast Art Hotel shall be entitled to cancel the contract for cause with immediate effect, in particular if the Contract Partner or the guest
a) uses the premises in any materially detrimental way or spoils cohabitation for the other guests, the owner, the latter’s staff or the third parties staying at Fuchspalast Art Hotel through their inconsiderate, offensive or otherwise grossly indecent behaviour, or commits any punishable act against property, morals or physical safety vis-à-vis said persons;
b) is affected by an infectious disease or a disease that lasts longer than the time of the stay, or otherwise becomes dependent on care;
c) fails to pay the invoices submitted when due within a reasonable period granted (3 days).
16.5 If contract performance is made impossible through an event of force majeure (e.g. natural disasters, strike, lock-out, official orders etc.), Fuchspalast Art Hotel may cancel the accommodation contract at any time without notice, unless the contract is deemed cancelled already under the law or unless Fuchspalast Art Hotel is released from its obligation to provide accommodation. Any claims for damages etc. on the part of the Contract Partner shall be excluded.
§ 17 Sickness or death of the guest
17.1 If a guest falls ill during their stay at the hospitality business, Fuchspalast Art Hotel shall provide for medical care upon the request of the guest. In case of imminent danger, Fuchspalast Art Hotel shall ensure that medical care is provided even without any explicit request by the guest, especially if this is necessary and the guest cannot do so him/herself.
17.2 For as long as the guest is not able to make any decisions or the guest’s relatives cannot be informed, the party providing accommodation shall ensure the provision of medical care at the expense of the guest. However, the extent of such measures of care shall end at the time when the guest is able to decide for themselves or when the relatives have been informed about the illness.
17.3 Fuchspalast Art Hotel shall have compensation claims against the Contract Partner and the guest or in case of death against their legal successors, for the following costs in particular:
a) outstanding treatment costs, costs of ambulance service, medicines, and medical aids,
b) the disinfection of rooms as required,
c) any laundry, linen and bed equipment that has become unusable, otherwise the cost of disinfection or thorough cleaning of all this equipment,
d) restoration of walls, furniture, carpets etc., to the extent these were soiled or damaged in connection with the illness or death,
e) room rent, to the extent the room or facility was used by the guest, plus any days of unusability of the rooms due to disinfection, clearing and the like,
f) any other damage incurred by the party providing accommodation.
§ 18 Place of performance, place of jurisdiction, applicable law
18.1 The place of performance shall be St. Veit / Glan.
18.2 This contract is governed by formal and substantial Austrian law, excluding the rules of private international law (esp. IPRG and EVÜ) as well as the UN CISG.
18.3 In bilateral transactions among entrepreneurs, the exclusive place of jurisdiction shall be the seat of Fuchspalast Art Hotel, with Fuchspalast Art Hotel being additionally entitled to assert its rights in any other legal venue.
§ 19 Miscellaneous
19.1 Unless the above-stated provisions provide for anything in particular, any deadline shall commence upon the document stipulating the deadline being served on the Contract Partners who have to comply with said deadline. In calculating any deadline defined in days, the day comprising the time or occurrence that the commencement of the deadline depends on shall not be counted. Deadlines defined in weeks or months shall refer to the day of the week or month which, based on its designation or number, corresponds to the day from which the deadline must be counted. If this day does not exist in the month, the last day of this month shall apply.
19.2 Statements must be received by the respective other Contract Partner on the last day of the deadline (midnight).
19.3 The party providing accommodation shall be entitled to offset its own claims against claims of the Contract Partner. The Contract Partner shall not be entitled to offset their own claims against claims of Fuchspalast Art Hotel, unless Fuchspalast Art Hotel is insolvent or the Contract Partner’s claim was confirmed in court or acknowledged by the party providing accommodation.
19.4 In the event of loopholes, the relevant statutory provisions shall apply.
1.1 The present General Terms and Conditions (GTC) shall apply to all services provided by Fuchspalast Art Hotel of STAMA Veranstaltungs- & Stadtmarketing GesmbH (hereinafter “Fuchspalast Art Hotel”) for guests, organisers and other contract partners (hereinafter “Contract Partners”). The services consist, in particular, in transferring the use of hotel rooms and other premises for valuable consideration, e.g. for seminars, congresses, presentations, conferences, banquets, and other events, and in selling food and drinks. Fuchspalast Art Hotel shall be entitled to have its services provided by third parties.
1.2 The present GTC refer to all types of contracts, such as hotel accommodation contracts, package tour contracts, quota agreements or event agreements, that are concluded with Fuchspalast Art Hotel. The GTC shall also apply to all future business transactions with the Contract Partner.
1.3 The Contract Partner’s GTC shall not apply, even if Fuchspalast Art Hotel fails to explicitly object to the latter. Counter-confirmations by the Contract Partner including a reference to the latter’s GTC are hereby objected to.
§ 2 Contract conclusion
2.1 Applicable only in case of letting up to 9 hotel rooms:
The relevant contract shall basically be established upon an oral or written request by the Contract Partner and by Fuchspalast Art Hotel accepting the same. It shall be up to Fuchspalast Art Hotel to accept the request in writing, orally, in text form (e-mail, fax) or conclusively, through service provision.
2.2 Applicable only in case of letting 10 or more hotel rooms:
The relevant contract shall basically be established only upon a written request by the Contract Partner and by Fuchspalast Art Hotel accepting the same in writing.
2.3 Any subletting or the gratuitous use of the rooms by third parties as well as using the same for any other purpose than accommodation shall only be permissible if Fuchspalast Art Hotel explicitly permits such use. At its own discretion, Fuchspalast Art Hotel may grant a written exception upon request.
§ 3 Down payment
3.1 Fuchspalast Art Hotel shall be entitled to make the conclusion of the contract conditional upon the Contract Partner making a down payment.
3.2 The Contract Partner undertakes to transfer the down payment under the contract, gross without deduction of bank charges, to the account indicated in the contract, referring to the booking document and the date of arrival.
3.3 The down payment constitutes a partial payment of the agreed fee.
§ 4 Use and handover of the room, departure
4.1 Unless Fuchspalast Art Hotel offers any other time for check-in, the Contract Partner shall be entitled to move into the rooms booked by them at 3:00 p.m. on the day agreed (“Day of Arrival”).
4.2 On the day of departure, the Contract Partner shall clear the rooms occupied by them by 11:00 a.m. at the latest. The party providing accommodation shall be entitled to charge the guest for another day if the latter fails to clear the relevant rooms in time.
4.3 If no other agreement was made, any rooms booked shall be reserved until 6:00 p.m.; after 6:00 p.m., Fuchspalast Art Hotel shall be entitled to give away any booked rooms to third parties, without the Contracting Partner being entitled to any rights or claims in relation thereto.
§ 5 Withdrawal from the contract by Fuchspalast Art Hotel
5.1 If the contract provides for a down payment and if the Contract Partner fails to effect the down payment in time, Fuchspalast Art Hotel may withdraw from the contract without granting a period of grace.
5.2 If the guest does not show up until 6:00 p.m. on the agreed Day of Arrival, the hotel shall be under no obligation to provide accommodation, unless any later time of arrival was agreed.
5.3 The party providing accommodation shall be entitled to cancel the accommodation contract, by unilateral declaration, for objectively justified reasons until no later than 3 months prior to the agreed Day of Arrival of the Contract Partner, unless otherwise agreed.
§ 6 Withdrawal by the Contract Partner – cancellation fee
6.1 For custom tours (up to 20 persons):
Unless agreed otherwise, the following cancellation terms shall apply: rooms may be cancelled at no charge until 48 hours before the Day of Arrival.
6.2 For group tours (20 persons and more):
Unless agreed otherwise, the following cancellation terms shall apply:
Groups of more than 20 persons
- Cancellation at no charge until 31 days before arrival
- 50% of the total costs booked until 30 – 21 days before arrival
- 70% of the total costs booked until 20 – 14 days before arrival
- 90% of the total costs booked until 13 – 7 days before arrival
- 100% of the total costs booked 6 days before arrival, and later
§ 7 Substitute accommodation
7.1 The party providing accommodation may provide the Contract Partner or the guests with adequate substitute accommodation (same quality and same price) if the Contract Partner may reasonably be expected to accept the same, especially if the differences are minor and objectively justified.
7.2 Objective justification shall exist, for instance, if the room (the rooms) has (have) become unfit for occupation, if guests already accommodated in the relevant room(s) extend their stay, in case of overbooking, or if any other important operational measures require such substitute accommodation.
7.3 Any extra expenses incurred for the substitute accommodation shall be borne by Fuchspalast Art Hotel.
§ 8 Rights of the Contract Partner
8.1 By concluding an accommodation contract, the Contract Partner shall acquire the right to use, in the usual way, the leased premises, the facilities of the hospitality business that are commonly accessible to guests without any special conditions as well as a right to the usual service. The Contract Partner shall exercise their rights in accordance with any hotel policies and/or guidelines for guests (house rules).
§ 9 Duties of the Contract Partner
9.1 Unless otherwise provided for under the contract, the Contract Partner shall be obliged to pay the agreed fee plus any extra amounts incurred due to separate services used by the Contract Partner and/or by the guests accompanying the latter, plus statutory VAT and other statutory taxes, by the time of departure at the latest.
9.2 Fuchspalast Art Hotel shall not be obliged to accept foreign currencies. If Fuchspalast Art Hotel accepts foreign currencies, they shall be accepted for payment at the respective daily rate of exchange if possible. Should Fuchspalast Art Hotel accept foreign currencies or non-cash means of payment, the Contract Partner shall bear all associated costs, such as research with credit card companies etc.
§ 10 Rights of Fuchspalast Art Hotel
10.1 If the Contract Partner refuses to pay the agreed fee or if they are in arrears with payment, Fuchspalast Art Hotel shall be entitled to the statutory right of retention under section 970c ABGB (Austrian Civil Code) as well as the statutory lien under section 1101 ABGB to the objects brought into the hotel by the Contract Partner and/or the guest. Said right of retention or lien shall also be due to the party providing accommodation for securing their amount receivable under the accommodation contract, in particular for meals, other expenses incurred for the Contract Partner and for any kind of compensation claims.
10.2 Fuchspalast Art Hotel shall be entitled to settle accounts, or interim accounts, in relation to its services at any time.
§ 11 Duties of Fuchspalast Art Hotel
11.1 The party providing accommodation is obliged to provide the agreed services to the extent comprised by its hotel standard.
11.2 Special services of Fuchspalast Art Hotel, which are not included in the accommodation fee and must be indicated accordingly are, for instance:
a) special services of Fuchspalast Art Hotel that may be charged separately, such as solarium, underground car park etc.;
b) a reduced price shall be charged for the provision of extra beds or cots, as available.
§ 12 Liability of Fuchspalast Art Hotel for damage to personal property
12.1 The Contract Partner shall be obliged to deposit valuables in the safe available in the room. Insurance cover in the amount of up to € 1,300.-- is in place.
12.2 The party providing accommodation may refuse the safekeeping of precious objects, money and securities if the objects in question are significantly more valuable than those usually handed over for safekeeping by guests of the relevant hospitality business.
12.3 In any instance of safe custody so accepted, liability shall be excluded if the Contract Partner and/or the guest fails to report the loss incurred to Fuchspalast Art Hotel immediately after taking notice of the same. Moreover, such claims must be asserted by the Contract Partner or the guest in court within three years of taking notice or potentially taking notice of the same; otherwise this right shall lapse.
§ 13 Limitations of liability
13.1 If the Contract Partner is a consumer, the liability of Fuchspalast Art Hotel in case of ordinary negligence shall be excluded, except in case of physical injury.
13.2 If the Contract Partner is an entrepreneur, the liability of Fuchspalast Art Hotel in case of ordinary and gross negligence shall be excluded. In that case, the Contract Partner shall have the burden of proof regarding the existence of culpability. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. In any case, the loss to be compensated shall be limited to the amount of damage incurred due to the fact that the party had relied on the validity of the contract (Vertrauensinteresse).
§ 14 Animals
14.1 Animals must not be brought into the hospitality business except with the prior consent of the party providing accommodation and for a special fee, if applicable.
14.2 The Contract Partner who brings an animal shall be obliged to properly keep and supervise that animal for the duration of their stay or to have the same kept and/or supervised by suitable third parties at the Contract Partner’s expense.
14.3 The Contract Partner and/or the guest who brings an animal shall dispose of adequate animal third-party liability insurance or private third-party liability insurance that also covers any damage caused by animals. Evidence of the corresponding insurance policy shall be provided upon request by the party providing accommodation.
14.4 The Contract Partner and/or their insurer shall be jointly and severally liable to Fuchspalast Art Hotel for the damage caused by animals brought along by the former. Such damage shall also include, in particular, the compensation to be provided to third parties by the party providing accommodation (Fuchspalast Art Hotel).
14.5 Animals must not stay in the seminar rooms and restaurant premises and in the spa.
§ 15 Extension of accommodation
15.1 The Contract Partner shall not be entitled to any extension of their stay. If the Contract Partner announces their wish to extend their stay at the hotel in time, Fuchspalast Art Hotel may agree to extend the accommodation contract. Fuchspalast Art Hotel shall be under no obligation to do so.
15.2 If, on the day of departure, the Contract Partner cannot leave the hospitality business because all options to leave the place are blocked or cannot be used due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding etc.), the accommodation contract shall automatically be extended for as long as departure is impossible, if available.
§ 16 Termination of the accommodation contract – early cancellation
16.1 If the accommodation contract was concluded for a definite period, it shall end upon expiry of said period.
16.2 If the Contract Partner leaves prematurely, Fuchspalast Art Hotel shall be entitled to claim the entire fee agreed. Fuchspalast Art Hotel shall deduct the amount the hotel saves due to its offered services not being made use of or the amount it has received through letting the booked rooms to other persons. Any such saving shall only exist if the hospitality business is fully booked at the time the guest refrains from using the booked premises and if the premises can be let to other guests due to the Contract Partner cancelling the same. The burden of proof regarding the savings shall be on the Contract Partner.
16.3 The contract with Fuchspalast Art Hotel shall end upon the death of a guest.
16.4 Fuchspalast Art Hotel shall be entitled to cancel the contract for cause with immediate effect, in particular if the Contract Partner or the guest
a) uses the premises in any materially detrimental way or spoils cohabitation for the other guests, the owner, the latter’s staff or the third parties staying at Fuchspalast Art Hotel through their inconsiderate, offensive or otherwise grossly indecent behaviour, or commits any punishable act against property, morals or physical safety vis-à-vis said persons;
b) is affected by an infectious disease or a disease that lasts longer than the time of the stay, or otherwise becomes dependent on care;
c) fails to pay the invoices submitted when due within a reasonable period granted (3 days).
16.5 If contract performance is made impossible through an event of force majeure (e.g. natural disasters, strike, lock-out, official orders etc.), Fuchspalast Art Hotel may cancel the accommodation contract at any time without notice, unless the contract is deemed cancelled already under the law or unless Fuchspalast Art Hotel is released from its obligation to provide accommodation. Any claims for damages etc. on the part of the Contract Partner shall be excluded.
§ 17 Sickness or death of the guest
17.1 If a guest falls ill during their stay at the hospitality business, Fuchspalast Art Hotel shall provide for medical care upon the request of the guest. In case of imminent danger, Fuchspalast Art Hotel shall ensure that medical care is provided even without any explicit request by the guest, especially if this is necessary and the guest cannot do so him/herself.
17.2 For as long as the guest is not able to make any decisions or the guest’s relatives cannot be informed, the party providing accommodation shall ensure the provision of medical care at the expense of the guest. However, the extent of such measures of care shall end at the time when the guest is able to decide for themselves or when the relatives have been informed about the illness.
17.3 Fuchspalast Art Hotel shall have compensation claims against the Contract Partner and the guest or in case of death against their legal successors, for the following costs in particular:
a) outstanding treatment costs, costs of ambulance service, medicines, and medical aids,
b) the disinfection of rooms as required,
c) any laundry, linen and bed equipment that has become unusable, otherwise the cost of disinfection or thorough cleaning of all this equipment,
d) restoration of walls, furniture, carpets etc., to the extent these were soiled or damaged in connection with the illness or death,
e) room rent, to the extent the room or facility was used by the guest, plus any days of unusability of the rooms due to disinfection, clearing and the like,
f) any other damage incurred by the party providing accommodation.
§ 18 Place of performance, place of jurisdiction, applicable law
18.1 The place of performance shall be St. Veit / Glan.
18.2 This contract is governed by formal and substantial Austrian law, excluding the rules of private international law (esp. IPRG and EVÜ) as well as the UN CISG.
18.3 In bilateral transactions among entrepreneurs, the exclusive place of jurisdiction shall be the seat of Fuchspalast Art Hotel, with Fuchspalast Art Hotel being additionally entitled to assert its rights in any other legal venue.
§ 19 Miscellaneous
19.1 Unless the above-stated provisions provide for anything in particular, any deadline shall commence upon the document stipulating the deadline being served on the Contract Partners who have to comply with said deadline. In calculating any deadline defined in days, the day comprising the time or occurrence that the commencement of the deadline depends on shall not be counted. Deadlines defined in weeks or months shall refer to the day of the week or month which, based on its designation or number, corresponds to the day from which the deadline must be counted. If this day does not exist in the month, the last day of this month shall apply.
19.2 Statements must be received by the respective other Contract Partner on the last day of the deadline (midnight).
19.3 The party providing accommodation shall be entitled to offset its own claims against claims of the Contract Partner. The Contract Partner shall not be entitled to offset their own claims against claims of Fuchspalast Art Hotel, unless Fuchspalast Art Hotel is insolvent or the Contract Partner’s claim was confirmed in court or acknowledged by the party providing accommodation.
19.4 In the event of loopholes, the relevant statutory provisions shall apply.