General terms and conditions

General terms and conditions for the lodging at the Lymphedema Clinic Wittlinger Therapy Center

§ 1 Scope of application

1.1 These General Terms and Conditions for the Lodging (herein after referred to as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions] as amended on 23 September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be subsidiary to agreements made on an individual basis.

§ 2 Definitions

“Lymphedema Clinic”: means an individual or entity that accommodates guests/patients against remuneration – further called LC

“Guest/Patient”: means an individual that uses accommodation. Usually the guest/patients is also the Party. Guests/Patients also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).

“Party”: means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest/Patient or for a Guest/Patient.

“Consumer” and “Entrepreneur”: these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.

“Accommodation Agreement”: means the agreement made between the LC and the Party, the contents of which are specified below.

§ 3 Execution of the agreement – Down payment

3.1 The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the LC. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the LC.
3.2 The LC shall be entitled to enter into the Accommodation Agreement un-der the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 14 days (receipt) after the fixed reservation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.
3.4 The down payment is a part payment of 40% of the agreed price, i.e. of the total price listed in our quote, with the remainder of 60% due no later than one week before the beginning of a stay, by which time it should have been credited to the bank account (see quote) of the Wittlinger Therapy Center.

§ 4 Start and end of accommodation

4.1 Unless the LC offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 3.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Party by 10.00 noon on the date of departure. The LC shall be entitled to charge another day if the rented rooms are not vacated in time. 4

§ 5 Rescission of the Accommodation Agreement – Cancellation fee Rescission by the LC

5.1 If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the LC may rescind the Accommodation Agreement without granting any grace period.
5.2 If the Guest/Patient fails to arrive by 6.00 p.m. on the agreed date of arrival, the LC shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest.
5.4 Unless otherwise agreed upon, the LC may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party. 

Rescission by the Party – Cancellation fee

5.5 The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest/Patient without being liable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

• 40% of the total agreed price by 1 month before the date of arrival; 
• 70% of the total agreed price by 1 week before the date of arrival; 
• 90% of the total agreed price within the last week preceding the date of arrival.

3 months or more - no cancellation  fee 
3 months to 1 month - 40% 
1 month to 1 week - 70%
up to 1 week - 90%

Prevention from arrival

5.7 If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days. 

§ 10 Obligations of the LC

10.1 The LC shall be obliged to provide the agreed services to an extent that complies with its standards.
10.2 Extra services of the LC that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include: a) Extra accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.; b) A reduced price shall be charged for the provision of additional beds or cribs.

§ 11 Liability of the LC for damage to items of guests/patients

11.1 The LC shall be liable for the items brought along by the Party in accordance with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items have been handed over to the LC or the persons authorised by the LC or deposited in a place assigned by such or intended for such purpose. Unless the LC provides other evidence, the LC shall be liable for its own fault or the fault of its emloyees and visitors. In accordance with § 970 sec. 1 of ABGB, the LC shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Party or the Guest/Patient fails to immediately comply with the LC’s request to deposit their items in a special deposit, the LC shall be released from any liability. The amount of any liability of the LC shall be limited to a maximum of the sum insured under the third-party liability insurance of such LC. Any fault of the Party or Guest/Patient shall be taken into account.
11.2 The LC may not be held liable for slight negligence. If the Party is an Entrepreneur, the LC may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.
11.3 The LC shall only be liable for valuables, money and securities up to an amount of currently € 550.--. The LC shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its employees. The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly. 8
11.4 The LC may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests/patients of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Party and/or Guest/Patient fails to immediately notify the LC of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Party and/or Guest/Patient; otherwise, the right shall become extinct. 

§ 12 Limitations of liability

12.1 If the Party is a Consumer, the LC may not be held liable for slight negligence, except for bodily injury.
12.2 If the Party is an Entrepreneur, the LC may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (Vertrauensinteresse). 

§ 13 Animals

13.1 We are sorry but animals – due to hygienic reasons – are not allowed in the LC.

§ 14 Prolongation of the accommodation

14.1 The Party may not claim for a prolongation of their stay. If the Party informs the LC in time that they intend to prolong their stay, the LC may consent to a renewal of the Accommodation Agreement. However, the LC shall not be obliged to do so. 14.2 If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The LC shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season. 

§ 15 Termination of the Accommodation Agreement – Early cancellation

15.1 If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
15.2 If the Party leaves prematurely, the LC shall be entitled to charge the total agreed remuneration. The LC shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests/patients. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s/Patient’s failure to use the booked rooms and the room can be let to other guests/patients due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.
15.3 Upon the death of a Guest/Patient, the Agreement with the LC shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.
15.5 The LC shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest/Patient. a) makes significantly adverse use of the rooms or makes their stay intolerable for the other guests/patients, the owner, its employees or the third parties staying at the accommodating establishment due to ruthless, offensive or other 10 wise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty; b) fails to settle the presented invoices when they become payable within a reasonably set period (3 days).
15.6 If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the LC may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the LC is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded. 

§ 16 Information on procedures followed in the case of non-lymphedema-related illnesses or death of guest

If a guest or patient falls ill during his or her stay at the accommodation establishment with a disease which has no causal link to the booked rehabilitation stay, e.g. illnesses such as flu-like infections, other types of infectious diseases, acute sciatica, heart attacks, apoplexies, etc., the Lymphedema Clinic will ensure further medical assistance. In the event of imminent danger, staff of the LC will arrange for medical attention even without the special request of the patient or guest, in particular where this is medically indicated and the patient is unable to do so himself or herself. The LC shall under no circumstances be held liable, nor will it at any time assume payment, for any costs to the patient arising from this condition, i.e. ambulance services, hospitalization, medication or transport. Any existing contract with the LC will automatically terminate with the death of the guest or patient.

§ 17 Place of performance, place of jurisdiction and applicable law

17.1 The place of performance shall be the place where the accommodating establishment is situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
17.3 If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the LC; however, the LC shall also be entitled to assert its rights before any other court that is competent for the location and matter.
17.4 If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.
17.5 If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.

Wittlinger Lymphedema Clinic
Alleestr. 30 - A-6344 Walchsee
Kaiserwinkl - Tirol - Austria

Phone: +43 (0)5374 5245
Telefax: +43 (0)5374 5245-4
E-Mail: office@wittlinger-therapiezentrum.com