GENERAL TERMS

AND CONDITIONS

Version dated 19.03.2025

I. SCOPE OF APPLICATION

1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all services provided by Edelwise ES GmbH, with its registered office in Lower Austria and business address at Gumpersbergstraße 4, A-3052 Neustift-Innermanzing, registered in the commercial register of the St. Pölten Commercial Court under FN 498379k (hereinafter referred to as “Accommodation Provider”), to guests who use accommodation services and other contractual partners (hereinafter referred to as “Contractual Partner”). The Contractual Partner’s general terms and conditions shall not apply, even if the Accommodation Provider does not expressly object to them. Any counter-confirmations by the Contractual Partner referring to their own general terms and conditions are hereby rejected. 
2. These GTC do not exclude special agreements. The GTC are subordinate to individual agreements made. 

II. DEFINITIONS

• “Guest”: A natural person who uses accommodation. The Guest is usually also the Contractual Partner. The term Guest also includes persons traveling with the Contractual Partner (e.g., family members, friends, etc.). 

• “Consumer” and “Entrepreneur”: These terms are to be understood in the sense of the Consumer Protection Act as amended. 

• “Accommodation Contract”: The contract concluded between the Accommodation Provider and the Contractual Partner, the content of which is specified below. 

III. CONCLUSION OF CONTRACT – ADVANCE PAYMENT

1. The Accommodation Contract is concluded upon acceptance of the Contractual Partner’s order by the Accommodation Provider. Electronic declarations are deemed received when they can be retrieved under normal circumstances by the party for whom they are intended, and receipt occurs during the Accommodation Provider’s announced business hours.
2. The Accommodation Provider is entitled to conclude the Accommodation Contract under the condition that the Contractual Partner makes an advance payment. In this case, the Accommodation Provider is obliged to inform the Contractual Partner of the required advance payment before accepting the written or verbal order. If the Contractual Partner agrees to the advance payment (in writing or verbally), the Accommodation Contract is concluded upon receipt of the Contractual Partner’s declaration of consent regarding the advance payment. 
3. The Contractual Partner is in any case obliged to provide a valid credit card number, expiration date, and security code when confirming the booking. 

IV. BEGINNING AND END OF ACCOMMODATION

1. The Contractual Partner has the right to occupy the rented rooms from 3:00 PM on the agreed day (“arrival day”), unless the Accommodation Provider offers a different check-in time. 
2. The rented rooms must be vacated by the Contractual Partner by 11:00 AM on the day of departure. If the rented rooms are not vacated on time, the Accommodation Provider is entitled to charge for an additional day. 

V. WITHDRAWAL FROM THE ACCOMMODATION CONTRACT – CANCELLATION FEE

Reservations made by the Contractual Partner are binding for both contracting parties, with the following (exclusive) restrictions: 

1. Withdrawal by the Accommodation Provider 

i) If the Accommodation Contract requires an advance payment and the Contractual Partner fails to make the payment on time, the Accommodation Provider may withdraw from the Accommodation Contract without setting a grace period.

ii) Furthermore, the Accommodation Provider is entitled to withdraw from or terminate the contract with immediate effect for important reasons under statutory provisions. An important reason exists in particular if: (i) the Contractual Partner fails to perform a due obligation; (ii) fulfillment of the contract becomes impossible due to force majeure, strikes, or other circumstances not attributable to the Accommodation Provider; (iii) the Contractual Partner provides misleading or false information about essential data; (iv) the rented rooms are sublet without the written consent of the Accommodation Provider; (v) the Contractual Partner or an associated person makes significantly disadvantageous use of the rented rooms or behaves in a grossly inappropriate manner towards the Accommodation Provider, its employees, other guests, or third parties; or (vi) the Contractual Partner contracts a contagious disease or a disease that extends beyond the agreed accommodation period or otherwise becomes in need of care.

iii) The Accommodation Provider must notify the Contractual Partner of the exercise of withdrawal/termination in writing without delay, at the latest within 14 days of becoming aware of the reason. Termination by the Accommodation Provider does not entitle the Contractual Partner to compensation or other claims. Compensation claims in the event of justified contract termination remain unaffected. 

 2. Cancellation by the Contractual Partner – Cancellation Fee 

If the contractual partner cancels or reduces the scope of the contract, they must pay the following fees, provided that the (partial) cancellation was not caused by the fault of the accommodation provider. 

i) The cancellation fees are based on the current regulations of the Austrian Hotel Association and apply according to the contractual agreements at the time of booking.

ii) In the event of cancellations on the day of arrival or a no-show, the full contract amount plus VAT will be charged (“no-show policy”).

VI. PROVISION OF SUBSTITUTE ACCOMMODATION

1. The Accommodation Provider may offer the Contractual Partner or the guests adequate substitute accommodation (of the same quality) if this is objectively justified and reasonable for the Contractual Partner, particularly if the deviation is minor. 
2. An objective justification exists, for example, if the rented room(s) have become unusable, guests have extended their stay, an overbooking has occurred, or other significant operational measures necessitate this step. 
3. Any additional costs for the substitute accommodation shall be borne by the Accommodation Provider. 
4. No compensation claim arises from this.

 VII. RIGHTS OF THE CONTRACTUAL PARTNER 

1. By concluding an Accommodation Contract, the Contractual Partner acquires the right to customary use of the rented rooms, the facilities of the accommodation establishment that are generally accessible to guests without special conditions, and the usual service. 
2. The Contractual Partner must exercise these rights in accordance with any hotel and/or guest policies (house rules). 

VIII. OBLIGATIONS OF THE CONTRACTUAL PARTNER 

1. The contractual partner is obliged to pay the agreed fee, including any additional amounts incurred due to the use of extra services by them and/or their accompanying guests, plus statutory VAT, no later than at the time of departure. The accommodation provider has the right to issue an invoice or interim invoice at any time. 
2. The accommodation provider is not obliged to accept foreign currencies. If foreign currencies are accepted, they will be credited at the exchange rate of the day, if possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as inquiries with credit card companies, exchange fees, etc. 
3. The contractual partner is liable to the accommodation provider for any damage caused by them or by other persons who, with the knowledge or intent of the contractual partner, make use of the accommodation provider’s services. 
4. If the contractual partner departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct any savings resulting from the non-utilization of services or any amounts received from renting the reserved rooms to other guests. A saving is only deemed to exist if the accommodation establishment is fully booked at the time the contractual partner cancels and the reserved room can be rented to other guests. The burden of proof for any savings rests with the contractual partner.

IX. RIGHTS OF THE ACCOMMODATION PROVIDER

1. If the contractual partner refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention in accordance with § 970c ABGB (Austrian Civil Code) as well as the statutory lien according to § 1101 ABGB on items brought in by the contractual partner or their guests. This right of retention or lien also secures claims of the accommodation provider arising from the accommodation contract, particularly for meals, other expenses incurred on behalf of the contractual partner, and any compensation claims of any kind. 
2. If room service is requested in the contractual partner’s room or at extraordinary times (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge a special fee. This special fee must be listed on the room price display. The accommodation provider may also refuse such services for operational reasons. 
3. If the period between booking and contract fulfillment exceeds three months and the accommodation provider increases its general prices for the contracted services within this period, the accommodation provider is entitled to adjust the agreed price accordingly. Price adjustments are made in the same ratio as the change in the Consumer Price Index 2020 published by Statistics Austria. The base for indexing is the final index figure published for the month of contract conclusion (= 100). 
4. In the event of late payment, interest on arrears of eight percentage points above the base interest rate per year applies to business customers and five percentage points above the base interest rate per year applies to consumers under the Consumer Protection Act. 
5. The contractual partner agrees that the data provided in the course of booking and order processing may be used by the accommodation provider for contract fulfillment, accounting, and marketing purposes, including automated processing. The contractual partner also agrees that their provided email address may be used by the accommodation provider for direct marketing via electronic mail, with the right to revoke this consent at any time. 

X. OBLIGATIONS OF THE ACCOMMODATION PROVIDER

1. The accommodation provider is obliged to render the agreed services in a manner consistent with its standards. 
2. Additional chargeable special services of the accommodation provider, not included in the accommodation fee, may include, for example: 
3. Special accommodation services that can be invoiced separately, such as garage spaces, etc. 
4. A reduced rate may be charged for the provision of baby beds. 

XI. LIABILITY OF THE ACCOMMODATION PROVIDER FOR DAMAGE TO DEPOSITED ITEMS

1. The accommodation provider is liable for items brought by the contractual partner in accordance with §§ 970 et seq. ABGB. The accommodation provider is exempt from this liability if it can prove that the damage was neither caused by itself or one of its vicarious agents nor by third parties entering or leaving the premises. Liability of the accommodation provider exists only if the items were handed over to the accommodation provider or its authorized personnel or placed in a designated storage location. The accommodation provider’s liability under § 970 (1) ABGB is limited to the amount specified in the Federal Act of November 16, 1921, on the liability of innkeepers and other entrepreneurs in its applicable version. If the contractual partner or guest fails to comply with the accommodation provider’s request to deposit their belongings in a special storage area, the accommodation provider is released from any liability. 
2. For valuables, money, and securities, the accommodation provider is liable only up to a maximum amount of currently €550. The accommodation provider is liable for damages exceeding this amount only if they were accepted for safekeeping with knowledge of their nature. The accommodation provider may refuse to store valuables, money, and securities without providing reasons, particularly if they are of significantly higher value than what is usually deposited by guests. 
3. In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of any damage upon becoming aware of it. 
4. The liability limitations set forth in Section XII apply accordingly. 

XII. LIMITATION OF LIABILITY 

1. If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence is excluded, except in cases of personal injury. 
2. For business customers, the accommodation provider is liable for all statutory and contractual claims—except for personal injury—only in cases of intentional or grossly negligent conduct. 
3. All claims of the contractual partner, provided they are not a consumer under the Consumer Protection Act, against the accommodation provider expire 18 months after the service was rendered. For consumers, the statutory limitation periods apply. 

XIII. PET POLICY 

Bringing (domestic) animals is generally prohibited. 

XIV. ILLNESS OR DEATH OF A GUEST 

1. If a guest falls ill during their stay at the accommodation facility, the accommodation provider will arrange for medical care at the guest’s request. If there is imminent danger, the accommodation provider will arrange for medical care even without the guest’s express request or that of their relatives, particularly if necessary and the guest is unable to do so themselves. 
2. As long as the guest is unable to make decisions or their relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. However, these care measures end as soon as the guest is able to make decisions or their relatives have been informed of the illness. 
3. The accommodation provider is entitled to reimbursement from the contractual partner, the guest, or, in the event of death, from their legal successors for all expenses incurred. 

XV. PLACE OF PERFORMANCE, JURISDICTION, AND CHOICE OF LAW

1. The place of performance is the location of the accommodation facility. 
2. This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular, IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods. 
3. For business transactions between entrepreneurs, the exclusive place of jurisdiction is the registered office of the accommodation provider. 
4. If the accommodation contract is concluded with a consumer, the competent court for lawsuits against the consumer is the court with jurisdiction over their place of residence. 

XVI. MISCELLANEOUS 

1. The accommodation provider is entitled to offset claims against claims of the contractual partner. The contractual partner, unless they are a consumer, is not entitled to offset claims against the accommodation provider unless the accommodation provider is insolvent or the contractual partner’s claim has been legally established or acknowledged by the accommodation provider. 
2. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a valid one that comes as close as possible to the intended (economic) purpose.