1. In general
1.1. As a contracting party of Dr. Christian Harisch the orderer is valid in case of doubt, also if he reserved for other nominal persons.
1.2. The persons who engage the services of the hotel are guests in the legal sence of the contract conditions.
2. Conclusion of the contract, prepayment
2.1. The contract is normally concluded by the guest´s reconfirmation of his reservation and the receipt of the prepayment.
2.2. It can be agreed, that the guests pays a prepayment. The hotel has the right to sell the room(s) elsewhere, if the prepayment was not made accurately. The unpunctual payment affects a rescission of the orderer.
2.3. Dr. Christian Harisch also can demand for the prepayment of the total amount of the stay.
2.4. Children under the age of 16 years do only have admission to the indoor pool until 4 p.m. The spa area and the fitness centre is only reserved for adults.
3. Beginning and end of lodging
3.1. The guest is entitled to check in on the agreed day of arrival after 3 p.m.
3.2. The hotel is entitled to withdraw from the contract in case that the guest does not arrive by 6 p.m. on the agreed day of arrival unless a late arrival was agreed.
3.3. Did the guest pay a prepayment, the room(s) keeps reserved until 12 a.m. hte following day.
3.4. If the guest checks in before 10 a.m., the earlier night is the first overnight stay.
3.5. The guest has to check out by 11 a.m. in the day of departure.
4. Withdraw from the contract
If no other agreements have been made:
4.1. By latest 29 days before the agreed day of arrival the orderer or the hotel can withdraw from the contract without any cancellation fee. The written letter of cancellation has to reach the other contracting party by latest 29 days before the agreed day of arrival.
4.2. If the guest or the hotel withdraw by latest 8 days before the agreed day of arrival from the contract, is cancellation fee of 70 % of the total amount has to be paid. The written letter of cancellation has to reach the other contracting party by latest 8 days before the agreed day of arrival.
4.3. If the withdraw from the contract is done 7 days before the agreed day of arrival or later, a cancellation fee of 100 % of the total amount has to be paid.
4.4. The hotel is entitled to withdraw from the contract, of the guest does not check in until 6 p.m. of the agreed day of arrival unless a later time of arrival was agreed.
4.5. Did the guest pay a prepayment, the room(s) are kept until 12 a.m. of the following day.
4.6. In case the guest does not engage the reserved room(s) or meals or if the reason of his stay is not existing any more (e.g. cancellation of the Hahnenkamm ski race), he is also bound to pay the agreed amount. But the hotel has to subtract the amount, which it got by selling the rooms otherwise.
4.7. The hotel is incumbent to sell the rooms otherwise, if the guest does not check in (§ 1107 ABGB).
4.8. A free cancellation of beauty and spa treatments is only possible until 12 hours before the treatment. Otherwise 100 % of the treatment costs have to be paid. The same is valid in case of no-show.
5. Allocation of alternative room(s)
5.1. The hotel can provide the guest an alternative room, if this is reasonable for the guest, especially in case of insignificant difference in the rooms or factually justified.
5.2. A factual justification is given, if the room(s) can not be used, if other guests extend their stay or other important operational actions have to be taken.
5.3. Possible extra costs for the alternative room(s) have to be paid by the hotel.
6. Rights of the guest
6.1. Through the conclusion of the lodging contract, the guest acquires the right of the common use of the reserved rooms and the facilities, that can be used of the guests without any special conditions, and the common services.
6.2. The guest is entiteld to check in after 3 p.m. of the agreed day of arrival.
6.3. If the guest does not eat the agreed meals within the common opening times of the restaurant, he does not have the right of compensation.
7. Liabilities of the guest
7.1. At the end of the contract the agreed amount has to be paid.
The hotel is not bound to accept any vouchers, cheques, credit cards etc.
If the hotel accepts these security papers, the guest has to pay any additonal costs like inquiries and so on.
7.2. If food or drinks are available in the hotel but are brought by the guest himself to the hotel, the hotel is entitled to charge an adequate compensation.
7.3. Before the startup of any electrical equipment, which is brought by the guest and which is not a common travel item, the guest has to obtain the hotel´s approval.
7.4. For damages, caused by the guest, the rules of the law of damages are valid. Therefore the guest is liable for any damage or disadvantage, the hotel or third persons suffer through the default of the guest himself of persons, he is responsible for, also in case the claiment is entitled to demand direct compensation by the hotel.
8. Rights of the hotel
8.1. If the guest dinies the payment of the agreed amount or if he is in arrears, the hotel is entitled to retain the guest´s items as an insurance for the demands. (§ 970 c ABGB)
8.2. The hotel has the lien on the guest´s items as an insurance for the demands. (§ 1101 ABGB).
8.3. If the guest orders room service or service at exceptional times, the hotel is entitled to settle an extra charge. The hotel is also entitled to decline this service for operational reasons.
9. Liabilities of the hotel
9.1. The hotel is bound to offer the agreed services at a common standard.
9.2. Services that are not included in the room rate and have to be mentioned are:
a) Special lodging service, that can be charged extra like reservation of parlors, sauna, indoor pool, solarium, valid parking, spa treatments etc.
b) cots and extra beds for children
c) The rates have to include VAT.
10. Liability of the hotel in case of damages
10.1. The hotel is liable for damages of guests, if the damage occured during the common services and if the damage is the fault of the hotel or its staff.
10.2. Liabilities for guests´ items brought to the hotel. The hotel is liable as a depositary for items to the maximum amount of Euro 1.100 unless the hotel does not prove that the damage was not caused by the hotel, by its staff, by external persons or persons entering or leaving the hotel.
10.3. Under these circumstances the hotel is liable for treasures, money and bonds to a maximum amount of Euro 550 unless the hotel did store the items with notification of their property or the damage was caused by the hotel or its staff. In this case the hotel is liable without limit. A decline of liability in case of assault is legally not possible.
The storage of treasures, money and bonds can be denied, if the value of the items are above the common values. Items are concidered to be stored by the hotel, if they are given to a staff on duty or stored on a defined place (§§ 970 ff. ABGB.).
Pets are not allowed in the hotel.
12. Extension of lodging
An extension of lodging requires the agreement of the hotel.
13. Ending of lodging
13.1. In case the lodging contract was limited on a certain period, the contract ends through time lapse. If the guests departs earlier, the hotel is entitled to charge the total agreed amount.
The hotel can try to sell the room(s) otherwise.
13.2. Through the demise of the guest, the contracts terminates.
13.3. In case the lodging contract is unlimited, the contract can be dissolved anytime by the contracting parties subject to a term of 3 days. The termination has to reach the contracting partner before 10 a.m., otherwise the next day is considered the first day of the term of notice.
13.4. In case the guest does not check out by 11 a.m., the hotel is entitled to charge an extra day.
13.5. The hotel is entitled to terminate the lodging contract with immediate effect if the guest
a) uses the facilities in an adverse way or affronts other guests or threatens a member of the staff or other guests or endangers the property, the morality or the physical security;
b) or comes down on an infectious disease or a disease that extends the stay of the guest or needs high-maintenance;
c) does not pay the presented bill within a reasonable time limit.
(6) If the fullfillment of the contract is not possible in case of act of God, the contract is terminated.
But the hotel is bound to refund the averaged amount already received from the guest, so that the hotel has no incidence profit.
14. Illness of death of the guest in the hotel
14.1. If a guests gets ill during his stay, the hotel has to organize medical care if necessary and the guests is not able to organize medical care for himself.
The hotel has the follwing claims against the guest respectively his legal successor:
a) consideration for medical bills not paid by the guest
b) for the necessary disinfection of the room if ordered by the doctor
c) consideration for clothes and linen which can not be used any more
d) for the refurbishment of walls, furniture, carpets etc., if the damage was caused by the illness or death of the guest
e) for the room rate, if the room can not be used because of the illness or death of the guest (minimum of three days, maximum of seven days)
15. Place of fulfilment and legal venue
15.1. The place of fulfilment is the place, where the hotel is located.
15.2. The legal venue is the appropriate court of the hotel.
Schwarzer Adler Kitzbühel Hotel & SPA
Florianigasse 15 · A-6370 Kitzbühel
Tel +43 53 56 69 11 · Fax +43 53 56 73 939