General Terms and Conditions for
Horse on Cloud Travel | Support Hannes Jakob

Outline
§ 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 Contract – Cancellation Fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the Contractual Partner
§ 8 Obligations of the Contractual Partner
§ 9 Rights of the Accommodation Provider
§ 10 Duties of the Proprietor
§ 11 Liability of the accommodation provider for damage to goods brought in
§ 12 Limitation of liability
§ 14 Extension of 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
Section 18 Miscellaneous

§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous ÖHVB in the version of 23 September 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

§ 2 Definitions of terms
2.1 Definitions of terms:

“Accommodater”:
Is a natural or legal person who accommodates guests for a fee.

“Guest”:
Is a natural person who uses accommodation. As a rule, the guest is also a contractual partner. Guests are also those persons who arrive with the contractual partner (e.g. family members, friends, etc.).

“Contracting Party”:
Is a natural or legal person from Germany or abroad 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 contract”:
Is the contract concluded between the accommodation provider and the contractual partner, the content of which will be regulated in more detail below.

§ 3 Conclusion of Contract – Down Payment
3.1 The Accommodation Contract is concluded upon acceptance of the Contract Partner’s order by the Accommodation Provider. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access is made during the Proprietor’s announced business hours.

3.2 The Accommodation Provider is entitled to conclude the Accommodation Contract on the condition that the Contractual Partner pays a deposit. In this case, the accommodation provider 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 deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent for the payment of the deposit of the contractual partner by the accommodation provider.

3.3 The contractual partner is obliged to pay the deposit at least 7 days (received) before the accommodation. The costs for the monetary transaction (e.g. transfer fees) are borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply.

3.4 The down payment is a partial payment of the agreed remuneration.

§ 4 Start and end of accommodation
4.1 The contractual partner has the right, if the accommodation provider does not offer any other subscription time, to occupy the rented rooms from 4.00 p.m. on the agreed day (“arrival day”).

4.2 If a room is used 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 10.00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Cancellation by the accommodation provider
5.1 If the Accommodation Contract provides for a deposit and the deposit has not been paid by the Contractual Partner in due time, the Accommodation Provider may withdraw from the Accommodation Contract without a grace period.

5.2 If the guest does not show up by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

5.3 If the Contracting Party has paid a deposit (see 3.3), the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In case of advance payment of more than four days, the obligation to stay ends from 6 p.m. on the fourth day, whereby the day of arrival is counted as the first day, unless the guest announces a later day of arrival.

5.4 Up to 1 month before the agreed date of arrival of the contractual partner at the latest, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed. Withdrawal by the contractual partner – cancellation fee

5.5 Up to 1 month before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated by unilateral declaration by the contractual partner 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 upon payment of the following cancellation fees:

– up to 1 week before the day of arrival, 70% of the total package price;
– in the last week before the day of arrival 90% of the total package price
– In case of no-show, 100% of the total package price.

Obstacles to arrival
5.7 If the Contracting Party is unable to appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, no border crossing due to closed national borders , etc.), the Contracting Party is not obliged to pay the agreed fee for the days of arrival.

5.8 The obligation to pay the fee for the booked stay will resume from the date of arrival if arrival becomes possible again within three days.

§ 6 Provision of alternative accommodation
6.1 The Proprietor may provide the Contractual Partner or the Guests with adequate alternative accommodation (of the same quality) if this is reasonable for the Contractual Partner, in particular if the deviation is minor and objectively justified.

6.2 An objective justification is given, for example, if the room(s) has become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.

6.3 Any additional expenses for the replacement accommodation shall be at the expense of the accommodation provider.

§ 7 Rights of the Contractual Partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented premises, the facilities of the accommodation facility, which are usually accessible to the guests for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules). No cancellation fees 100 %

§ 8 Obligations of the Contractual Partner
8.1 The Contracting Party is obliged to pay the agreed fee plus any additional amounts incurred as a result of the separate use of services by the Contracting Party and/or the accompanying guests plus statutory value added tax at the latest at the time of departure.

8.2 The Proprietor is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the daily exchange rate as far as possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.

8.3 The Contractual Partner shall be liable to the Proprietor for any damage caused by the Proprietor or other persons who, with the knowledge or will of the Contracting Party, accept services from the Proprietor.

§ 9 Rights of the Accommodation Provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears with it, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c of the Austrian Civil Code as well as the statutory lien pursuant to § 1101 of the Austrian Civil Code on the goods brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure its claim under the accommodation contract, in particular for meals, other expenses incurred for 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.), the accommodation provider is entitled to demand a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider can also refuse these services for operational reasons.

9.3 The Proprietor has the right to billing or interim billing of its services at any time.

§ 10 Duties of the Proprietor
10.1 The Proprietor 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 award and are not included in the accommodation fee are examples of the following:
a) special accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage, etc.;
b) a reduced price will be charged for the provision of additional beds or children’s beds.

§ 11 Liability of the accommodation provider for damage to goods brought in
11.1 In accordance with §§ 970 et seq. of the Austrian Civil Code, the accommodation provider is liable for the items brought in by the contractual partner. The Proprietor shall only be liable if the items have been handed over to the Proprietor or to persons authorised by the Proprietor or have been taken to a place instructed or designated by them for this purpose. If the accommodation provider does not succeed in proving this, the accommodation provider is liable for its own fault or the fault of its employees as well as the persons leaving and incoming. Pursuant to Section 970 (1) of the Austrian Civil Code, the accommodation provider shall be liable at most up to the amount fixed in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contractual partner or the guest does not immediately comply with the Proprietor’s request to deposit his belongings in a special storage place, the Proprietor is released from all liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Fault on the part of the contractual partner or guest must be taken into account.

11.2 The Proprietor’s liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.

11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550,–. The proprietor shall only be liable for any damage beyond this in the event that he has taken over these items for safekeeping in knowledge of their nature or in the event that the damage was caused by himself or one of his employees. The limitation of liability in accordance with 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The Accommodation Provider may refuse to store valuables, money and securities if the items are significantly more valuable than guests of the accommodation establishment in question usually place in safekeeping.

11.5 In any case of storage assumed, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage that has occurred as soon as they become aware of it. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.

§ 12 Limitation of liability
12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.

12.2 If the Contracting Party is an entrepreneur, the liability of the Proprietor for
slight and gross negligence excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential, non-material or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited by the amount of the interest in trust.

Section 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, against a special remuneration.

13.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.

13.3 The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider.

13.4 The contractual partner or its insurer shall be jointly and severally liable to the Proprietor for the damage caused by animals brought along. In particular, the damage also includes those substitute services provided by the accommodation provider that the accommodation provider has to provide to third parties.

13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and wellness areas.

§ 14 Extension of accommodation
14.1 The Contracting Party is not entitled to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contractual partner is unable to leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will 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 due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the usual price charged in the low season.

§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the Accommodation Contract has been concluded for a fixed period of time, it shall end upon expiry of time.

15.2 If the Contracting Party departs prematurely, the Accommodation Provider shall be entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of not using his services.

15.3 The contract with the Proprietor ends upon the death of a Guest.

15.4 If the Accommodation Contract has been concluded for an indefinite period of time, the Contracting Parties may dissolve the Contract until 10.00 a.m. on the third day before the intended end of the Agreement.

15.5 The Proprietor is entitled to terminate the Accommodation Contract with immediate effect
for good cause, in particular if the contractual partner or
the guest
a) makes a significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour, spoils the cohabitation of the other guests, the owner, his employees or third parties living in the accommodation establishment, or is guilty of an act against property, morality or physical safety against these persons that is punishable by punishment;
b) is infected by a contagious disease or an illness that extends beyond the duration of accommodation or otherwise becomes in need of care;
c) fails to pay the invoices submitted when they are due within a reasonable period of time (3 days).

15.6 If the performance of the contract becomes impossible due to an event that is to be regarded as force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the Proprietor may terminate the Accommodation Contract at any time without observing a notice period, provided that the Contract is not already deemed to have been terminated under the law or the Proprietor 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 his stay in the accommodation facility, the accommodation provider will provide medical care at the request of the guest. If there is imminent danger, the accommodation provider will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is not in a position to do so himself.

16.2 As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor will provide medical treatment at the Guest’s expense. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness.

16.3 The Proprietor shall have claims for compensation against the Contractual Partner and the Guest or, in the event of death, against their legal successors, in particular for the following costs:
a) unpaid medical costs, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., insofar as they have been contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the premises have been occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or the like,
f) any other damage incurred by the accommodation provider.

§ 17 Place of Performance, Place of Jurisdiction and Choice of Law
17.1 The place of performance is the place where the accommodation is located.

17.2 This contract is subject to Austrian formal and substantive law under
Exclusion of the rules of private international law (in particular PILA and Rome Convention)
as well as the UN Convention on Contracts for the International Sale of Goods.

17.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the Proprietor, whereby the Proprietor is also entitled to assert its rights at any other local and competent court.

17.4 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer can only be brought at the consumer’s domicile, habitual place of residence or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with territorial and substantive jurisdiction for the consumer’s domicile has exclusive territorial and substantive jurisdiction for actions against the consumer.

Section 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit begins with the service of the document ordering the time limit to the contracting parties, who must comply with the time limit. When calculating a time limit determined by days, the day in which the time or occurrence according to which the beginning of the period is to be determined falls is not counted. Periods determined by weeks or months refer to that day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day in that month is decisive.

18.2 Declarations must have been received by the other contractual partner on the last day of the deadline (12 p.m.).

18.3 The Proprietor shall be entitled to offset against the claim of the Contractual Partner with its own claims. The Contractual Partner shall not be entitled to offset its own claims against the Proprietor’s claims, unless the Proprietor is insolvent or the Contracting Party’s claim has been established by a court or acknowledged by the Proprietor.

18.4 In the event of loopholes, the relevant statutory provisions shall apply.