AGB_en | dastraunseehaus

GENERAL TERMS AND CONDITIONS

dastraunseehaus, Uferstraße 28, 4801 Traunkirchen

2026

Version dated 02/02/2026

§ 1 Scope of application

1.1 These General Terms and Conditions apply to the holiday home “dastraunseehaus” located at 4801 Traunkirchen, Uferstraße 28

§ 2 Definitions

2.1 Definitions:

“Accommodation Provider”: Is a natural or legal person who accommodates guests for remuneration.

“Guest”: Is a natural person who makes use of accommodation services. The guest is generally also the contracting party. Guests also include those persons who travel together with the contracting party (e.g. family members, friends, etc.).

“Contracting Party”: Is a natural or legal person from within or outside Austria who, as a guest or on behalf of a guest, concludes an accommodation contract.

“Consumer” and “Entrepreneur”: These terms are to be understood within the meaning of the Austrian Consumer Protection Act 1979 as amended.

“Accommodation Contract”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of contract – Deposit

3.1 The deposit is a partial payment of the agreed remuneration.

3.2 A deposit is currently not required.

§ 4 Commencement and termination of accommodation

4.1 The contracting party has the right, unless the accommodation provider offers a different check-in time, to occupy the rented premises from 4:00 p.m. on the agreed day (“day of arrival”).

4.2 If a room is first used before 6:00 a.m., the preceding night shall count as the first overnight stay.

4.3 The rented premises must be vacated by the contracting party by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge an additional day if the rented premises are not vacated on time.

§ 5 Withdrawal from the accommodation contract – Cancellation fee

Withdrawal by the accommodation provider

5.1 If the guest does not appear by 8:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.

5.2 Up to at least 3 months prior to the agreed day of arrival of the contracting party, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration, unless otherwise agreed.

Withdrawal by the contracting party – Cancellation fee

5.5 Up to at least 5 days prior to the agreed day of arrival of the guest, the accommodation contract may be terminated by unilateral declaration of the contracting party without payment of a cancellation fee.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

less than 5 days: 100%

Impediments to arrival

5.7 If the contracting party cannot arrive at the accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, pandemic, etc.) which make all travel options impossible, the contracting party is not obliged to pay the agreed remuneration for the days of arrival.

5.8 The obligation to pay remuneration for the booked stay shall resume once arrival becomes possible again, provided arrival is possible again within three days.

§ 6 Provision of substitute accommodation

6.1 The accommodation provider may provide the contracting party or guests with adequate substitute accommodation (of equivalent quality) if this is reasonable for the contracting party, in particular if the deviation is minor and objectively justified.

6.2 An objective justification exists, for example, if the room(s) have become unusable, already accommodated guests extend their stay, overbooking occurs, or other important operational measures necessitate this step.

6.3 Any additional expenses incurred for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contracting party

7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented premises, the facilities of the accommodation establishment which are customarily accessible to guests without special conditions, and to customary service. The contracting party shall exercise its rights in accordance with any applicable hotel and/or guest guidelines (house rules).

§ 8 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed remuneration no later than at the time of departure, plus any additional amounts incurred due to separate use of services by the contracting party and/or accompanying guests, plus statutory value-added tax.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these shall be accepted at the current exchange rate where feasible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party shall be liable to the accommodation provider for any damage caused by the contracting party, the guest, or other persons who, with the knowledge or will of the contracting party, make use of the accommodation provider’s services.

8.4 The obligation to pay value-added tax in accordance with these General Terms and Conditions does not mean that the accommodation provider is currently subject to value-added tax.

Should the accommodation provider become subject to value-added tax in the future due to statutory provisions, the contracting party undertakes to pay the respective statutory value-added tax in addition to the agreed remuneration, without the need for a separate agreement.

§ 9 Rights of the accommodation provider

9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears, the accommodation provider shall have the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contracting party or guest. This right of retention or lien shall also serve to secure the accommodation provider’s claims arising from the accommodation contract, in particular for catering, other expenses incurred for the contracting party, and any claims for damages of any kind.

9.2 If an additional cleaning service is requested in the contracting party’s apartment, the accommodation provider is entitled to charge a special fee for this service.

9.3 The accommodation provider has the right to settle accounts for its services at any time or to issue interim invoices.

§ 10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.

10.2 Special services of the accommodation provider that are subject to separate pricing and are not included in the accommodation fee include, by way of example:

A stocked refrigerator
A reduced price may be charged for the provision of additional or children’s beds
Additional cleaning with fresh linen and towel change
Additional consumables, in particular additional wood for the fire bowl or additional charcoal for the grill

§ 11 Liability of the accommodation provider for damage to items brought in

11.1 The accommodation provider shall be liable pursuant to §§ 970 et seq. ABGB for items brought in by the contracting party. Liability of the accommodation provider shall only exist if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or have been brought to a place designated or specified by them. If the accommodation provider fails to prove otherwise, the accommodation provider shall be liable for its own fault or the fault of its authorized persons as well as persons entering and leaving the premises. Liability is limited pursuant to § 970 para. 1 ABGB to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or guest fails to immediately comply with the accommodation provider’s request to deposit items in a designated storage location, the accommodation provider shall be exempt from any liability. Any liability of the accommodation provider shall in any case be limited to the amount of the accommodation provider’s liability insurance coverage. Any contributory negligence of the contracting party or guest shall be taken into account.

11.2 Liability of the accommodation provider for slight negligence is excluded. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, indirect damages, and loss of profit shall in no case be compensated.

11.3 For valuables, money, and securities, the accommodation provider shall only be liable up to an amount of currently EUR 800. Liability beyond this amount shall only exist if these items were expressly accepted for safekeeping with knowledge of their nature or if the damage was caused by the accommodation provider itself or by persons commissioned by it. The liability limitations pursuant to § 12.1 and § 12.2 shall apply mutatis mutandis.

11.4 The accommodation provider may refuse the safekeeping of valuables, money, and securities if they are of significantly higher value than guests of the respective accommodation establishment usually deposit for safekeeping.

11.5 In all cases of accepted safekeeping, liability is excluded if the contracting party and/or guest does not notify the accommodation provider immediately after becoming aware of the damage. Furthermore, such claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise, the right shall lapse.

§ 12 Limitations of liability

12.1 If the contracting party is a consumer, liability of the accommodation provider for slight negligence is excluded, except for personal injury.

12.2 If the contracting party is an entrepreneur, liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages, indirect damages, and loss of profit shall not be compensated. In any case, compensation shall be limited to the amount of the reliance interest.

§ 13 Keeping of animals

13.1 Bringing animals into the accommodation is not permitted.

13.2 Any violation of the prohibition on animals entitles the accommodation provider to terminate the accommodation contract with immediate effect. In such case, there shall be no entitlement to a refund of the agreed remuneration.

13.3 The contracting party shall be liable for all damages, soiling, and additional expenses resulting from the unauthorized bringing of animals, in particular additional cleaning, disinfection, or repair costs.

§ 14 Extension of accommodation

14.1 The contracting party has no entitlement to an extension of its stay. If the contracting party notifies its wish to extend the stay in good time, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contracting party cannot leave the accommodation establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) which block or render unusable all departure routes, the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction of remuneration for this period shall only be possible if the contracting party cannot fully use the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to charge at least the remuneration usually charged during the low season.

§ 15 Termination of the accommodation contract – Early termination

15.1 If the accommodation contract was concluded for a fixed period, it shall end upon expiry of that period.

15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed remuneration.

15.3 The contract shall end upon the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 11:00 a.m. on the third day prior to the intended termination date.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or guest

a) makes significantly detrimental use of the premises or, through reckless, offensive, or otherwise grossly improper conduct, seriously disrupts cohabitation with other guests, the owner, its commissioned persons, or third parties residing in the accommodation establishment, or commits a criminal offense against property, morality, or physical safety in relation to such persons;

b) suffers from a contagious disease or a disease extending beyond the duration of accommodation, or otherwise becomes in need of care;

c) fails to pay presented invoices within a reasonable grace period (3 days) when due.

15.6 If the performance of the accommodation contract becomes impossible or unreasonable due to force majeure or other unforeseeable extraordinary events, in particular due to natural disasters (e.g. flooding, mudslides, landslides), extreme weather conditions, strikes, lockouts, official orders, closures of access roads or comparable events, the accommodation provider is entitled to terminate the accommodation contract with immediate effect, provided that the contract has not already been deemed terminated by law or the accommodation provider has been released from its obligation to provide accommodation.

In this case, any payments already made for services not used shall be refunded without delay. Any claims of the contracting party, in particular claims for damages (e.g. compensation for travel costs, additional expenses or loss of holiday enjoyment), are excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during their stay in the accommodation establishment, the accommodation provider shall arrange medical care at the guest’s request. In case of imminent danger, the accommodation provider shall arrange medical care even without a specific request, in particular if this is necessary and the guest is unable to do so themselves.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider shall arrange medical treatment at the guest’s expense. The scope of these care measures shall end once the guest is able to make decisions or the relatives have been informed of the illness.

16.3 The accommodation provider shall have claims for reimbursement against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs:

unpaid medical costs, costs for patient transport, medication, and medical aids

necessary room disinfection,

unusable laundry, bed linen, and bedding, or otherwise for the disinfection or thorough cleaning of all such items,

restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,

room rent insofar as the room was used by the guest, plus any days of unusability of the rooms due to disinfection, clearance, or similar measures,

any other damages incurred by the accommodation provider.

§ 17 Place of performance, jurisdiction, and choice of law

17.1 The place of performance is the location of the accommodation establishment.

17.2 This contract is subject to Austrian substantive and procedural law, excluding the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

17.3 If the accommodation contract is concluded with a contracting party who is an entrepreneur, the exclusive place of jurisdiction for disputes arising from this contract shall be the seat of the accommodation provider. The accommodation provider is also entitled to assert its rights before any other locally and factually competent court.

17.4 If the accommodation contract is concluded with a contracting party who is a consumer and has their residence or habitual abode in Austria, actions against the consumer may only be brought at the consumer’s residence, habitual abode, or place of employment.

17.5 If the accommodation contract is concluded with a contracting party who is a consumer and has their residence in a Member State of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court with local and subject-matter jurisdiction at the consumer’s residence shall have exclusive jurisdiction for actions against the consumer.

17.6 If the accommodation contract is concluded with a contracting party who is a consumer and has their residence or habitual abode in a third country, the locally and factually competent court at the seat of the accommodation provider shall have jurisdiction for disputes arising from this contract, provided that mandatory statutory provisions do not stipulate otherwise.

§ 18 Miscellaneous

18.1 Unless otherwise provided in the above provisions, a time limit shall commence upon delivery of the document ordering the time limit to the contracting party required to observe the time limit. In calculating a time limit determined in days, the day on which the event triggering the commencement of the time limit occurs shall not be counted. Time limits determined by weeks or months shall refer to the day of the week or month which corresponds by its designation or number to the day from which the time limit is calculated. If such a day does not exist in the month, the last day of that month shall be decisive.

18.2 Declarations must be received by the respective contracting party by the last day of the time limit (12:00 midnight).

18.3 The accommodation provider is entitled to offset its own claims against claims of the contracting party. The contracting party is not entitled to offset its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the claim of the contracting party has been legally established or acknowledged by the accommodation provider.

18.4 The contract language is German. These General Terms and Conditions are legally binding exclusively in the German language. Any translations are provided for information purposes only.

18.5 In the event of regulatory gaps, the relevant statutory provisions shall apply.