GTC Hotel MyTirol
General Terms and Conditions
T1 Hotelerrichtungs GmbH – Hotel MyTirol
Version from 01.03.2021
Table of contents
§ 1 Scope of application
§ 2 Definitions of terms
§ 3 Conclusion of contract – down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the Accommodation Agreement – Cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contractual partner
§ 8 Obligations of the contractual partner
§ 9 Rights of the Hotel MyTirol
§ 10 Obligations of the Hotel MyTirol
§ 11 Liability of the Hotel MyTirol for damage to items brought in
§ 12 Limitations of liability
§ 13 Animal husbandry
§ 14 Extension of the accommodation
§ 15 Termination of the accommodation contract – early termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Miscellaneous
- 1 Scope of application
1.1 These General Terms and Conditions 2021 for T1 Hotelerrichtungs GmbH, Hotel My Tirol (hereinafter referred to as “GTC 2021”) replace all previous GTC.
1.2 The GTC 2021 do not exclude special agreements. The GTC 2021 are subsidiary to individual agreements.
- 2 Definition of terms
2.1 Definitions of terms:
“MyTirol”: | Accommodation provider – T1 Hotelerrichtungs GmbH |
“Guest: | Is a natural person who acts as the accommodation provider. The guest is usually also the contractual partner. Persons traveling with the contractual partner (e.g. family members, friends, etc.) are also considered guests. |
“Contracting Party”: | Is a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest. |
“Consumer” and “Entrepreneur”: | The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended. |
“Accommodation Agreement”: | 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 – down payment
3.1 The accommodation contract is concluded upon acceptance of the contracting party’s order by Hotel MyTirol. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the announced business hours of Hotel MyTirol.
3.2 Hotel MyTirol is entitled to conclude the accommodation contract on the condition that the contractual partner provides their credit card details or makes a down payment. In this case, Hotel MyTirol is obliged to inform the contractual partner of the required deposit before accepting the written or verbal order of the contractual partner. If the contractual partner agrees to the down payment (in writing or verbally), the accommodation contract shall come into effect upon receipt by Hotel MyTirol of the declaration of consent regarding payment of the down payment by the contractual partner.
3.3 The Party shall be obliged to pay the deposit no later than 7 days (receipt) prior to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment of the agreed fee.
- 4 Start and end of accommodation
4.1 Unless Hotel MyTirol offers a different time of occupancy, the contractual partner has the right to move into the rented rooms from 3 p.m. on the agreed day (“day of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 11.00 a.m. on the day of departure. Hotel MyTirol is entitled to charge an additional day if the rented rooms are not vacated on time.
- 5 Withdrawal from the accommodation contract – cancellation fee
Withdrawal by the Hotel MyTirol
5.1 If the accommodation contract provides for a down payment and the down payment has not been made by the contractual partner in due time, Hotel MyTirol may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not appear by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed
5.3 If the Contractual Partner has made a down payment (see 3.3), the rooms shall remain reserved until 11.00 a.m. on the following day. In the case of advance payments of more than four days, the obligation to provide accommodation shall end at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 The accommodation contract may be terminated by Hotel MyTirol by means of a unilateral declaration for objectively justified reasons up to 3 months before the agreed date of arrival of the contractual partner at the latest, unless otherwise agreed.
Withdrawal by the contractual partner – cancellation fee
5.5 Unless agreed separately (discounted rates), the contracting party may terminate the accommodation contract by unilateral declaration by the contracting party no later than 30 days before the agreed date of arrival of the guest without payment of a cancellation fee
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the contractual partner is only possible subject to payment of the following cancellation fees:
– up to 30 days before the day of arrival free cancellation
– 30 days before arrival or no-show 100% of the accommodation costs
Obstacles to arrival
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.
- 6 Provision of alternative accommodation
6.1 Hotel MyTirol may provide the contract partner or the guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contract partner, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by Hotel MyTirol.
- 7 Rights of the contractual partner
7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment that are customarily accessible to the guests for use without any special conditions, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
- 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
8.2 Hotel MyTirol is not obliged to accept foreign currencies. If Hotel MyTirol accepts foreign currencies, these will be accepted in payment at the daily exchange rate where possible. Should Hotel MyTirol accept foreign currencies or cashless means of payment, the contract partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contract partner is liable to Hotel MyTirol for any damage caused by him, his companions or other persons who accept services from Hotel MyTirol with the knowledge or will of the contract partner.
- 9 Rights of the Hotel MyTirol
9.1 If the contract partner refuses to pay the agreed remuneration or is in arrears with payment, Hotel MyTirol shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 ABGB to the items brought in by the contract partner or the guest. Hotel MyTirol is also entitled to this right of retention or lien to secure its claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contractual partner and for any claims for compensation of any kind.
9.2 If the service is requested in the room of the contractual partner or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), Hotel MyTirol is entitled to charge a special fee for this. Hotel MyTirol may also refuse to provide these services for operational reasons.
9.3 Hotel MyTirol has the right to invoice or interim invoice its services at any time.
- 10 Obligations of the Hotel MyTirol
10.1 Hotel MyTirol is obliged to provide the agreed services to an extent that corresponds to its standard.
10.2 Examples of special services provided by Hotel MyTirol that are subject to a charge and are not included in the accommodation fee are:
a) Special accommodation services that may be charged separately.
- b) A reduced price will be charged for the provision of additional beds or cribs.
- 11 Liability of Hotel MyTirol for damage to items brought in
11.1 Hotel MyTirol is liable in accordance with §§ 970 ff ABGB for items brought in by the contractual partner. Hotel MyTirol is only liable if the items have been handed over to Hotel MyTirol or to persons authorized by the hotel. If Hotel MyTirol is unable to prove this, the hotel is liable for its own fault or the fault of its employees. Hotel MyTirol is liable in accordance with § 970 Para. 1 ABGB (Austrian Civil Code) up to a maximum of the amount stipulated in the Federal Law of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or the guest does not immediately comply with Hotel MyTirol’s request to deposit their items in a special storage location, Hotel MyTirol is released from any liability. The amount of any liability of Hotel MyTirol is limited to a maximum of the hotel’s liability insurance sum. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The liability of Hotel MyTirol is excluded for slight negligence. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits will not be compensated under any circumstances.
11.3 Hotel MyTirol shall only be liable for valuables, money and securities up to the current amount of € 550. The hotel shall only be liable for damage in excess of this amount if it has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 Hotel MyTirol may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than those usually kept by guests of the accommodation establishment in question.
11.5 In any case of assumed storage, liability is excluded if the contractual partner and/or guest does not immediately notify Hotel MyTirol of the damage that has occurred after becoming aware of it. Furthermore, these claims must be asserted in court within one year of the contractual partner or guest becoming aware or possibly becoming aware of them; otherwise the right is extinguished.
- 12 Limitations of liability
12.1 If the contractual partner is a consumer, the liability of Hotel MyTirol for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the liability of Hotel MyTirol for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.
- 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of Hotel MyTirol and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense.
13.3 The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided at the request of Hotel MyTirol.
13.4 The contractual partner or their insurer shall be fully liable to Hotel MyTirol for any damage caused by animals brought onto the premises. The damage also includes, in particular, any compensation payments made by Hotel MyTirol to third parties.
13.5 Animals are not permitted in the restaurant rooms (with the exception of the bar area) and wellness areas.
- 14 Extension of the accommodation
14.1 The contractual partner is not entitled to an extension of their stay. If the contract partner announces their wish to extend their stay in good time, Hotel MyTirol may agree to the extension of the accommodation contract. Hotel MyTirol is under no obligation to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. Hotel MyTirol is entitled to charge at least the fee that corresponds to the price usually charged in the low season.
- 15 Termination of the accommodation contract – early termination
15.1 If the Accommodation Agreement was concluded for a fixed term, it shall end upon expiry of the term.
15.2 If the contract partner departs early, Hotel MyTirol is entitled to demand the full agreed remuneration. Hotel MyTirol shall deduct what it has saved as a result of the non-utilization of its services or what it has received by renting the booked rooms to other parties. Savings are only deemed to exist if the accommodation establishment is fully booked at the time of non-utilization of the rooms booked by the guest and the room can be rented to other guests due to the cancellation of the contractual partner. The Contractual Partner shall bear the burden of proof of the savings.
15.3 The death of a guest terminates the contract with Hotel MyTirol.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.
15.5 Hotel MyTirol is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
- makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
- does not comply with the rest periods applicable on site and is not prepared to follow the instructions of the staff. Hotel MyTirol is a hotel with a food and beverage service. The hotel is not a self-catering establishment and cooking in the rooms is strictly prohibited. This includes, in particular, bringing and connecting electrical appliances for the purpose of preparing or heating food;
- is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
- fails to pay the invoices submitted when due within a reasonably set period (3 days)
15.6 If fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g. natural disasters, strike, lockout, official decrees, etc.), Hotel MyTirol may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law or Hotel MyTirol is released from its obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
- 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation establishment, Hotel MyTirol will provide medical care at the guest’s request. If there is imminent danger, Hotel MyTirol will arrange for medical care even without a special request from the guest, particularly 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, Hotel MyTirol will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 Hotel MyTirol is entitled to claim compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
- Outstanding medical costs, costs for patient transportation, medication and medical aids
- room disinfection has become necessary,
- linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
- Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
- Room rent, insofar as the room has been used by the guest, plus any days on which the room cannot be sold due to disinfection, clearance or similar.
- any other damages incurred by Hotel MyTirol.
- 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is Biberwier.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of 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 The exclusive place of jurisdiction is Innsbruck, whereby Hotel MyTirol is also entitled to assert its rights at any other local and competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action may only be brought against the consumer at the consumer’s place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.
- 18 Other
18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based shall not be included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.
18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).
18.3 Hotel MyTirol is entitled to offset its own claims against claims of the contractual partner. The contract partner is not entitled to offset its own claims against claims of Hotel MyTirol unless Hotel MyTirol is insolvent or the contract partner’s claim has been established by a court or recognized by Hotel MyTirol.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.
MyTirol. MyClub.
Special benefits for special guests
Your MyTirol not only offers a special ambience at the foot of the Zugspitze, but also various bonuses for our friends of the house.
We have created our MyClub for this purpose.