§ 1 Scope of Application

The following General Terms and Conditions (GTC), based on the General Terms and Conditions for the Hospitality Industry (AGBH 2006), apply exclusively to all services provided by the Tiefhof farm and to payments made to the Tiefhof farm.

The Tiefhof farm does not accept the General Terms and Conditions of the contracting partner.

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§ 2 Definitions

2.1 Definition of Terms

"Host" refers to a natural or legal person who accommodates guests for payment.

"Guest" refers to a natural person who takes advantage of accommodation. The guest is usually also the contracting party. People traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests.

"Contracting party" refers to a natural or legal person, either domestic or foreign, who enters into an accommodation contract either for themselves or on behalf of a guest.

"Consumer" and "Entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act of 1979 as amended.

"Accommodation contract" refers to the contract concluded between the host and the contracting party, the content of which will be further specified below.

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§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded by the host’s acceptance of the contracting party’s order. Electronic statements are considered received when the party for whom they are intended can retrieve them under normal circumstances, and the access occurs within the host’s usual business hours.

3.2 The host is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the host must inform the contracting party of the required deposit before accepting the contracting party’s order, whether written or verbal. If the contracting party agrees to the deposit (either in writing or orally), the accommodation contract is concluded when the contracting party's confirmation of the deposit payment reaches the host.

3.3 The contracting party is obligated to pay the deposit at least 7 days (received) before the accommodation. The costs of the money transaction (e.g., bank transfer fees) are borne by the contracting party. The conditions of the respective card companies apply for credit and debit cards.

3.4 The deposit is a partial payment towards the agreed fee.

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§ 4 Beginning and End of Accommodation

4.1 The contracting party has the right to occupy the rented rooms from 3:00 PM on the agreed day ("arrival day"), unless the host offers a different check-in time.

4.2 If a room is occupied for the first time before 6:00 AM, the preceding night is considered the first overnight stay.

4.3 The rented rooms must be vacated by the contracting party by 10:00 AM on the day of departure. The host is entitled to charge for another day if the rented rooms are not vacated on time.

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§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the Host

5.1 If the accommodation contract requires a deposit and the contracting party fails to make the deposit on time, the host can withdraw from the accommodation contract without a grace period.

5.2 If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time was agreed.

5.3 If the contracting party has made a deposit (see 3.3), the room(s) will be reserved until at least 12:00 PM on the day following the agreed arrival day. For advance payments of more than four days, the accommodation obligation ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest indicates a later arrival date.

5.4 Up to three months before the agreed arrival day, the host can cancel the accommodation contract for reasonable grounds, unless otherwise agreed, by unilateral declaration.

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Withdrawal by the Contracting Party – Cancellation Fee

5.5 Up to three months before the agreed arrival day, the contracting party can cancel the accommodation contract without paying a cancellation fee by unilateral declaration.

5.6 Outside the period specified in § 5.5, cancellation by unilateral declaration is only possible by paying the following cancellation fees:

• Up to 1 month before the arrival day: 40% of the total arrangement price;

• Up to 1 week before the arrival day: 70% of the total arrangement price;

• In the last week before the arrival day: 90% of the total arrangement price.

 

Disruption of Arrival

5.7 If the contracting party cannot arrive on the day of arrival due to unforeseen exceptional circumstances (e.g., heavy snowfall, flooding, etc.), all travel options are impossible, the contracting party is not obligated to pay for the agreed accommodation for the days of arrival.

5.8 The obligation to pay for the booked stay resumes when travel is possible again, if travel becomes possible within three days.

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§ 6 Provision of Replacement Accommodation

6.1 The host can provide the contracting party or guests with appropriate replacement accommodation (of the same quality) if it is reasonable for the contracting party, especially if the deviation is minor and justifiable.

6.2 Justification occurs, for example, when the room(s) become unusable, other guests extend their stay, an overbooking occurs, or other essential operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation are at the host’s expense.

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§ 7 Rights of the Contracting Party

7.1 By concluding an accommodation contract, the contracting party acquires the right to the normal use of the rented rooms, the facilities of the accommodation business that are typically accessible to guests without special conditions, and regular service. The contracting party must exercise their rights according to any hotel and/or guest policies (house rules).

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§ 8 Obligations of the Contracting Party

8.1 The contracting party is obligated to pay the agreed fee plus any additional charges for services requested by them or their accompanying guests, plus VAT, by the time of departure.

8.2 The host is not obligated to accept foreign currencies. If foreign currencies are accepted, they will be taken at the daily exchange rate where possible. If the host accepts foreign currencies or cashless payments, the contracting party bears all related costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party is liable for any damage caused by them, their guests, or any other persons who accept services from the host with the contracting party’s knowledge or consent.

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§ 9 Rights of the Host

9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the host has the statutory right of retention under § 970c ABGB and the statutory lien under § 1101 ABGB for the items brought in by the contracting party or the guest. This right of retention or lien also applies to secure the host's claim under the accommodation contract, including for meals, other expenses incurred for the contracting party, and any claims for damages.

9.2 If services are requested in the contracting party's room or at unusual times (after 8:00 PM or before 6:00 AM), the host may charge a special fee. This special fee must be displayed on the room price list. The host may also refuse such services for operational reasons.

9.3 The host is entitled to bill or partially bill for services at any time.

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§ 10 Duties of the Host

10.1 The host is obligated to provide the agreed services in accordance with their standard.
10.2 Special services provided by the host that are not included in the accommodation fee and require additional charges include, but are not limited to:
a) Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.;
b) A discounted price will be charged for the provision of extra or children's beds.

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§ 11 Host’s Liability for Damages to Items Brought In

11.1 The host is liable in accordance with §§ 970 ff of the Austrian Civil Code (ABGB) for items brought in by the contracting party. The host’s liability applies only if the items have been handed over to the host or to persons authorized by the host, or if they were placed at a location designated or instructed by the host. If the host cannot provide proof, the host is liable for their own fault or the fault of their staff as well as for persons entering or exiting the premises. The host’s liability, according to § 970 (1) ABGB, is limited to the amount specified in the Federal Law of November 16, 1921, regarding the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or guest does not immediately follow the host's request to store their items at a designated storage place, the host is released from all liability. The host’s liability is also limited to the amount of the host’s liability insurance. Any fault of the contracting party or guest must be considered.
11.2 The host’s liability for slight negligence is excluded. If the contracting party is a business, the host is also exempt from liability for gross negligence. In such cases, the contracting party bears the burden of proof regarding the fault. Consequential or indirect damages as well as lost profits are not compensated.
11.3 The host is liable for valuables, money, and securities only up to a current amount of €550. The host is only liable for damages exceeding this amount if they have specifically taken these items into storage with knowledge of their nature or if the damage was caused by the host or their staff. The liability limitations in 12.1 and 12.2 apply correspondingly.
11.4 The host may refuse to store valuables, money, and securities if they are significantly more valuable than items typically entrusted to storage by guests of the accommodation.
11.5 In any case of accepted storage, liability is excluded if the contracting party and/or guest does not immediately inform the host of the damage upon becoming aware of it. Furthermore, these claims must be brought to court within three years from the time the contracting party or guest became aware of the damage or could have become aware; otherwise, the right is forfeited.

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§ 12 Liability Limitations

12.1 If the contracting party is a consumer, the host’s liability for slight negligence is excluded, except for personal injury.
12.2 If the contracting party is a business, the host’s liability for both slight and gross negligence is excluded. In such cases, the contracting party bears the burden of proof regarding fault. Consequential, immaterial, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is limited to the amount of the contracting party’s reasonable expectations.

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§ 13 Animal Care

13.1 Animals may only be brought into the accommodation with prior consent from the host and may require an additional fee.
13.2 The contracting party bringing an animal is obligated to properly house or supervise the animal during their stay or arrange for its care at their own expense.
13.3 The contracting party or guest bringing an animal must have corresponding liability insurance for the animal, or a private liability insurance policy that covers potential damage caused by the animal. Proof of such insurance must be provided upon request by the host.
13.4 The contracting party or their insurer is jointly liable with the host for any damage caused by the animal. The damage includes, in particular, any compensation the host has to provide to third parties.
13.5 Animals are not allowed in lounges, conference rooms, restaurant areas, or wellness areas.

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§ 14 Extension of Accommodation

14.1 The contracting party has no right to extend their stay. If the contracting party wishes to extend their stay, they must notify the host in a timely manner, and the host may agree to extend the accommodation contract, though they are not obligated 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., heavy snowfall, flooding, etc.), which render all departure options impossible or unusable, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the accommodation fee may only be possible if the contracting party cannot fully utilize the offered services due to the extraordinary weather conditions. The host is entitled to demand at least the usual price for the off-season.

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§ 15 Termination of the Accommodation Contract – Early Termination

15.1 If the accommodation contract is concluded for a fixed period, it will end upon the expiration of the agreed term.
15.2 If the contracting party departs early, the host is entitled to demand the full agreed accommodation fee. The host will deduct what they have saved due to the non-use of their services or what they have earned from re-renting the reserved rooms. Savings are only assumed if the accommodation is fully booked at the time of the guest’s cancellation, and the room can be rented to other guests. The contracting party bears the burden of proving the savings.
15.3 The accommodation contract ends in the event of the death of the guest.
15.4 If the accommodation contract is concluded for an indefinite period, either party may terminate the contract by giving notice until 10:00 AM on the third day before the intended contract termination date.
15.5 The host is entitled to terminate the accommodation contract immediately for an important reason, especially if the contracting party or guest:
a) makes improper use of the premises or engages in reckless, offensive, or otherwise grossly inappropriate behavior, causing discomfort to other guests, the owner, the owner's staff, or third parties staying in the accommodation;
b) contracts a contagious disease or a disease that continues beyond the accommodation period, or otherwise becomes in need of care;
c) fails to pay the presented invoices within a reasonable deadline (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event classified as force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the host may terminate the accommodation contract without notice, unless the contract is already legally considered dissolved, or the host is released from their accommodation obligation. Any claims for damages by the contracting party are excluded.

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§ 16 Illness or Death of the Guest

16.1 If a guest falls ill during their stay at the accommodation, the host will arrange for medical care at the guest's request. In the event of an emergency, the host will arrange for medical care without the guest’s specific request, particularly if it is necessary and the guest is unable to do so themselves.
16.2 If the guest is unable to make decisions or the guest's relatives cannot be contacted, the host will arrange for medical treatment at the guest’s expense. However, this duty ends once the guest is able to make decisions or their relatives have been informed of the illness.
16.3 The host is entitled to claim compensation from the contracting party and the guest (or their legal heirs in the case of death) for the following costs:
a) unpaid doctor’s fees, ambulance, medication, and medical supplies,
b) necessary room disinfection,
c) destroyed or unfit bedding, linens, and bed equipment, or for disinfecting or thoroughly cleaning these items,
d) restoration of walls, furniture, carpets, etc., if they were soiled or damaged in connection with the illness or death,
e) room rental for the period the guest occupied the room, including any days the room is unfit for use due to disinfection, clearing, etc.,
f) any other damages incurred by the host.

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§ 17 Place of Fulfillment, Jurisdiction, and Governing Law

17.1 The place of fulfillment is the location of the accommodation.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular, IPRG and EVÜ) and the UN Sales Convention.
17.3 The exclusive place of jurisdiction for disputes in a two-party business transaction is the host's place of business, although the host is also entitled to enforce their rights at any other local or competent court.
17.4 If the accommodation contract is concluded with a consumer who resides or has their habitual residence in Austria, legal action can only be brought against the consumer in the consumer’s place of residence, habitual residence, or place of employment.
17.5 If the accommodation contract is concluded with a consumer who resides in an EU Member State (excluding Austria), Iceland, Norway, or Switzerland, the competent court for legal action against the consumer is the court for the consumer's place of residence.

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§ 18 Miscellaneous

18.1 Unless otherwise stated, the running of a deadline begins with the delivery of the document establishing the deadline to the contracting parties, who must adhere to the deadline. When calculating a deadline measured in days, the day on which the event triggering the deadline occurs is not included. Deadlines measured in weeks or months refer to the corresponding day of the week or month. If this day does not exist in the month, the last day of the month applies.
18.2 Declarations must reach the other party by the end of the deadline (midnight).
18.3 The host has the right to set off claims from the contracting party with their own claims. The contracting party may not set off their own claims against those of the host unless the host is insolvent or the contracting party's claim has been judicially determined or acknowledged by the host.
18.4 In the event of regulatory gaps, the corresponding legal provisions apply.