Terms and Conditions
General Terms and Conditions
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as „GTC“) govern the mutual rights and obligations between guests and Blaue Lagune Illmitz. These GTC also apply to all services utilized by the guest beyond accommodation provided by Blaue Lagune Illmitz.
1.2. The GTC do not exclude special agreements and are subordinate to individually made agreements. Provisions of the GTC that are not affected by special agreements remain fully valid.
2. Definitions
2.1. Definitions:
Accommodation Provider: A natural or legal person who accommodates guests for a fee.
Guest: A natural person who utilizes accommodation services. The guest is usually also the contracting party. Guests also include those who accompany the contracting party (e.g., family members, friends, etc.).
Contracting Party: A natural or legal person, either domestic or foreign, who enters into an accommodation agreement as a guest or on behalf of a guest.
Consumer & Entrepreneur: These terms are to be understood as defined in the Austrian Consumer Protection Act of 1979 as amended.
Accommodation Agreement: The contract concluded between the accommodation provider and the contracting party, the content of which is further defined below.
Contract Sum: The contract sum refers to the monetary costs of all agreed services (culinary, beverages, room rental, personnel costs, technical equipment, cloakroom, musical entertainment, any decoration, and other specifically agreed additional services).
3. Conclusion of Contract – Deposit – Prices
3.1. The accommodation contract is concluded upon the acceptance of the contracting party’s order by the accommodation provider. Electronic statements are considered received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the disclosed business hours of the accommodation provider.
3.2. The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider must inform the contracting party of the required deposit before accepting the written or oral order. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract is concluded when the declaration of consent to pay the deposit is received by the accommodation provider.
3.3. The contracting party is obligated to pay the agreed deposit no later than 14 days after placing the order (final booking). The contracting party bears the costs of the money transaction (e.g., transfer fees). For credit and debit cards, the respective terms of the card companies apply.
3.4. The deposit is a partial payment towards the agreed remuneration.
3.5. All services listed in the reservation confirmation or the accommodation provider’s offers are considered contractually agreed upon.
3.6. Services that are not used do not entitle the contracting party to any refund or reduction of the agreed price.
3.7. In the event of a change in the statutory VAT rate after the conclusion of the contract, the agreed price will be adjusted accordingly.
4. Start and End of Accommodation
4.1. The contracting party has the right to occupy the rented rooms from 2:00 PM on the agreed date („day of arrival“), unless the accommodation provider offers a different check-in time.
4.2. If a room is occupied for the first time before 6:00 AM, the previous night is considered the first overnight stay.
4.3. The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The accommodation provider is entitled to charge for an additional day if the rooms are not vacated on time.
5. Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1. If the accommodation contract requires a deposit and the deposit has not been paid by the contracting party within the agreed timeframe, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2. If the guest does not arrive by 6:00 PM on the agreed day of arrival, the accommodation provider has no obligation to accommodate the guest unless a later arrival time has been agreed upon.
5.3. If the contracting party has paid a deposit (see 3.3), the rooms will be reserved until 11:00 AM on the day following the agreed arrival date at the latest. If payment has been made for more than four days, the obligation to accommodate ends at 6:00 PM on the fourth day, with the day of arrival counted as the first day, unless the guest has indicated a later arrival date.
5.4. The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration no later than 3 months before the agreed arrival date of the contracting party, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
5.5. For bookings, withdrawal from the accommodation contract by unilateral declaration of the contracting party is only possible by paying the following cancellation fees:
– Up to 1 month before the arrival date: free of charge
– Up to 14 days before the arrival date: 40% of the total contract sum
– Less than 14 days before the arrival date: 100% of the total contract sum
5.6. We recommend purchasing travel insurance (see e.g. https://hotel.europaeische.at/index.php?key=plus&AGN=10011363)
5.7. Third-party services ordered on behalf of the contracting party must be paid for by the contracting party upon cancellation to the extent that the accommodation provider is liable to the third party.
Impediments to Arrival
5.8. If the contracting party is unable to arrive at the accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that make all means of arrival impossible, the contracting party is not obligated to pay the agreed fee for the days of non-arrival. The accommodation provider must, however, be informed of the impediment to arrival immediately.
5.9. The obligation to pay for the booked stay resumes once arrival becomes possible if arrival is possible within three days.
6. Provision of Alternative Accommodation
6.1. The accommodation provider may offer the contracting party or the guests an adequate alternative accommodation of equal quality, provided that this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2. An objective justification exists, for example, if the room(s) become unusable, already accommodated guests extend their stay, there is an overbooking, or other important operational measures necessitate this step.
6.3. Any additional expenses for the alternative accommodation are to 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 usual use of the rented rooms, the facilities of the accommodation establishment that are typically and without special conditions accessible for guest use, and the customary services. The contracting party must exercise their rights in accordance with any applicable accommodation and/or guest policies (house rules).
8. Obligations of the Contracting Party
8.1. The contracting party is obligated to pay the agreed fee, including any additional amounts incurred due to the separate use of services by the contracting party and/or the guests accompanying them, plus statutory VAT, no later than at the time of departure.
8.2. The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted as payment at the daily exchange rate, if possible. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3. The contracting party is liable to the accommodation provider for any damage caused by them, the guest, or other persons who receive services from the accommodation provider with the knowledge or intent of the contracting party.
9. Rights of the Accommodation Provider
9.1. If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the legal right of retention according to § 970c ABGB (Austrian Civil Code) and the legal lien according to § 1101 ABGB on items brought in by the contracting party or the guest. This right of retention or lien also secures the accommodation provider’s claims arising from the accommodation contract, particularly for meals, other expenses incurred for the contracting party, and any compensation claims of any kind.
9.2. If service is requested in the contracting party’s room or at unusual times (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge an additional fee. However, this additional fee must be indicated. The accommodation provider may also refuse these services for operational reasons.
9.3. The use of the rooms provided to the guest in a manner that deviates from the agreement entitles the accommodation provider to terminate the contract without notice, without the accommodation provider being liable for any reduction in the agreed fee.
9.4. The accommodation provider has the right to issue an invoice or interim bill for their services at any time.
10. Obligations of the Accommodation Provider
10.1. The accommodation provider is obligated to provide the agreed-upon services to the extent corresponding to their standard.
10.2. Special services provided by the accommodation provider that are not included in the accommodation fee and are subject to separate billing will be invoiced separately.
11. Liability of the Accommodation Provider for Damage to Items Brought In
11.1. The accommodation provider is liable according to §§ 970 et seq. ABGB (Austrian Civil Code) for items brought in by the contracting party. The accommodation provider’s liability only applies if the items have been handed over to the accommodation provider or their authorized personnel or brought to a location designated by them. If the accommodation provider cannot prove otherwise, they are liable for their own fault or the fault of their personnel as well as for the incoming and outgoing persons. According to § 970 Abs 1 ABGB, the accommodation provider’s liability is limited to the amount set by the Federal Act of November 16, 1921, on the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or guest does not promptly comply with the accommodation provider’s request to deposit their items in a special storage place, the accommodation provider is exempt from any liability. The amount of any liability of the accommodation provider is also limited to the liability insurance coverage of the respective accommodation provider. Fault on the part of the contracting party or guest will be taken into account.
11.2. The accommodation provider’s liability is excluded for slight negligence. If the contracting party is a business, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages and lost profits are not covered under any circumstances.
11.3. The accommodation provider is liable for valuables, money, and securities only up to an amount of currently €550. The accommodation provider is liable for any damage exceeding this amount only if they have taken the items into storage with knowledge of their value or if the damage was caused by the accommodation provider or their personnel. The liability limitations in sections 11.1 and 11.2 apply accordingly.
11.4. The accommodation provider may refuse to store valuables, money, and securities if they are substantially more valuable than items typically entrusted to the accommodation provider by guests.
11.5. In every case of entrusted storage, liability is excluded if the contracting party and/or guest does not immediately notify the accommodation provider of the damage upon discovery. Furthermore, claims must be made in court within three years from the date of knowledge or possible knowledge by the contracting party or guest; otherwise, the right is extinguished.
12. Limitation of Liability
12.1. If the contracting party is a consumer, the accommodation provider’s liability for slight negligence is excluded, except for personal injury.
12.2. If the contracting party is a business, the accommodation provider’s liability for both 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, or indirect damages, as well as lost profits, are not covered. In any case, the damage to be compensated is limited to the amount of the trust interest.
12.3. Participation in various leisure activities offered by the accommodation provider is the sole responsibility of the contracting party and is at their own risk. The contracting party is advised to inspect equipment and vehicles before use. The accommodation provider is only liable for accidents occurring during leisure activities in the case of direct fault. Parents are liable for their children.
12.4. In the case of free transport of persons and luggage, the accommodation provider’s liability for personal and property damage is limited to the statutory motor vehicle insurance. Liability for losses and delays is entirely excluded. The accommodation provider must be held harmless by the contracting party.
13. Animal Policy
13.1. Animals are not permitted in the accommodation establishment and may not be brought into the accommodation.
14. Extension of Accommodation
14.1. The contracting party has no right to an extension of their stay. If the contracting party notifies their desire to extend their stay in a timely manner, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2. If the contracting party cannot leave the accommodation on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that block or render all departure options unusable, the accommodation contract will be automatically extended for the duration of the impossibility to depart. A reduction in the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation provider due to the extraordinary weather conditions. The accommodation provider is entitled to charge at least the amount corresponding to the usual rate for the off-season.
15. Termination of the Accommodation Contract – Early Termination
15.1. If the accommodation contract was concluded for a fixed period, it ends upon the expiration of that period.
15.2. If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they have saved due to the non-use of their services or what they have received from renting out the reserved rooms to others. Savings are only considered if the accommodation provider’s establishment is fully booked at the time the guest’s reserved rooms are not used and the room can be rented to other guests due to the contracting party’s cancellation. The burden of proof for the savings lies with the contracting party.
15.3. The contract with the accommodation provider ends with the death of a guest.
15.4. If the accommodation contract was concluded for an indefinite period, either party may terminate the contract up to 10:00 AM on the third day before the intended end of the contract.
15.5. The accommodation provider is entitled to terminate the accommodation contract with immediate effect for a significant reason, particularly if the contracting party or guest:
– Uses the premises in a significantly detrimental manner or engages in reckless, offensive, or otherwise grossly improper behavior that makes living together with other guests, the owner, their staff, or other residents of the accommodation unpleasant, or commits an act punishable by law against property, morals, or physical safety;
– Becomes afflicted with a contagious disease or a disease that extends beyond the accommodation period, or otherwise requires care;
– Fails to pay the presented invoices within a reasonable period (3 days) after they are due.
15.6. If the performance of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, provided the contract is not already deemed terminated by law or the accommodation provider is not relieved of their accommodation obligation. Any claims for damages by the contracting party are excluded.
16. Illness or Death of the Guest
16.1. If a guest falls ill during their stay at the accommodation, the accommodation provider will arrange for medical care at the guest’s request. In case of emergency, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if it is necessary and the guest is unable to arrange it themselves.
16.2. 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 will cease once the guest is able to make decisions or the relatives have been notified of the illness.
16.3. The accommodation provider is entitled to seek compensation from the contracting party, the guest, or their legal successors for the following costs, especially in the event of death:
– Outstanding medical costs, costs for medical transport, medications, and medical aids
– 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 where the accommodation business is situated.
17.2. This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (particularly the IPRG and EVÜ) and the UN Sales Convention.
17.3. The exclusive place of jurisdiction for disputes arising from a bilateral business transaction is the location of the accommodation provider’s registered office. However, the accommodation provider is also entitled to assert their rights before any other locally and substantively competent court.
18. Miscellaneous
18.1. Unless otherwise specified in the above provisions, the commencement of a deadline begins with the delivery of the document that sets the deadline to the contracting parties who must observe the deadline. In calculating a deadline determined by days, the day on which the point in time or event falls, from which the beginning of the deadline is to be counted, is not included. Deadlines specified in weeks or months refer to the day of the week or month that corresponds by its name or number to the day from which the deadline is to be counted. If this day is not present in the month, the last day of that month is applicable.
18.2. Statements must be received by the other contracting party by the last day of the deadline (24:00).
18.3. The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim is judicially determined or acknowledged by the accommodation provider.
18.4. In the case of gaps in the regulations, the relevant statutory provisions apply.
18.5. Any claims for damages arising from the failure to fulfill wake-up calls are excluded.
18.6. Any information provided is given without warranty.
18.7. Lost property can be sent back upon request and at the expense of the requesting party. The accommodation provider undertakes to store lost property for up to 6 months. After this period, the items will be disposed of.
18.8. At the guest’s request, the accommodation provider will take responsibility for the storage, delivery, and forwarding of messages, mail, and parcels. An appropriate fee may be charged for this service. However, liability for loss, delay, or damage is excluded.
18.9. Corrections of errors as well as printing and calculation mistakes are reserved.
18.10. Oral agreements only become effective when confirmed in writing by the accommodation provider.
18.11. The attached house rules are part of the accommodation contract and are considered accepted by the guest upon commencement of the accommodation.
18.12. Should any of the above provisions be invalid or become invalid, this does not affect the validity of the other provisions. Instead of the invalid provision, a valid regulation that comes as close as possible to the invalid provision shall apply.