TERMS AND CONDITIONS
of the Wendl Hotelbetriebs GmbH
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all services provided by Wendl Hotelbetriebs GmbH, both for non-binding reservation enquiries and for all binding bookings, with respect to the person making the reservation, the guest, and any other contractual partner.
1.2 The contractual partner undertakes to comply with these conditions as well as all other applicable legal regulations. The GTC of Wendl Hotelbetriebs GmbH apply exclusively, regardless of the contractual partner's own GTC, even if no explicit objection is raised against them. Counter-confirmations by the person making the reservation and/or the contractual partner referring to their own general terms and conditions are hereby expressly rejected.
1.3 These GTC do not preclude special agreements. The GTC are subsidiary to individually agreed arrangements.
1.4 All brokered third-party services (e.g. transport and excursion tickets, reservations at other establishments, event tickets, etc.) are offered purely as ancillary services, and the application of the Package Travel Act pursuant to § 2 Para. 2 Z 2 and 3 PRG is therefore excluded.
1.5 By completing a reservation — regardless of the channel used — the contractual partner confirms having read, understood, and agreed to these GTC.
2. Definitions
2.2 "Guest": A natural person who makes use of accommodation services. The guest is generally also the contractual partner. Persons travelling together with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
2.3 "Contractual Partner": A natural or legal person, domestic or foreign, who concludes an accommodation agreement as a guest or on behalf of a guest.
2.4 "Accommodation Agreement": The agreement concluded between the accommodation provider and the contractual partner, the content of which is set out in detail below.
2.5 "Room Rate" / "Accommodation Fee" Contractually agreed room rates: All prices shown in the IT system are current gross daily rates in EURO. Prices depend on the time of booking and the booking channel and apply as stated in the booking confirmation.
2.6 "Non-Refundable Rates" These rates are discounted room prices. In the event of cancellation, no refund will be issued, regardless of the time of cancellation.
3. Formation of Contract – Advance Payment
3.1 The accommodation agreement is concluded upon acceptance of the contractual partner's order by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended is able to retrieve them under normal circumstances, and receipt occurs during the accommodation provider's published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation agreement on 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 agreement is concluded upon receipt of the contractual partner's declaration of consent to pay the advance payment by the accommodation provider.
3.3 The contractual partner is obliged to pay the advance payment within the agreed period. The costs of the financial transaction (e.g. bank transfer fees) are borne by the contractual partner. The respective terms and conditions of the card companies apply to credit and debit cards.
3.4 The advance payment constitutes a partial payment towards the agreed total fee.
3.5 The full accommodation fee is due two days prior to the planned arrival date (excluding local tourist tax). Payment is processed two days before the planned arrival via a secure payment link. Alternatively, payment by credit card can be made two days before the planned arrival as part of the online check-in process.
4. Commencement and End of Accommodation
4.2 Booked rooms must be occupied by the guest no later than 19:00 on the agreed arrival date. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 19:00, without the guest being entitled to any claims for compensation. The hotel is entitled to withdraw from the contract in this respect. Reference is made to the cancellation provisions set out in Section 5.
4.3 The rented rooms must be vacated by the contractual partner by 10:30 on the day of departure. The accommodation provider is entitled to charge an additional day's rate if the rented rooms are not vacated on time.
4.4 Notwithstanding the above clauses regarding the commencement and end of accommodation, it is possible, following prior agreement with the accommodation provider, to send a substitute person if the original guest is unable to make use of the accommodation service(s). The accommodation provider must be notified immediately in such a case and reserves the right to refuse admission to the substitute person.
5. Withdrawal from the Accommodation Agreement – Cancellation Fee
5.2 Cancellations must be submitted directly to the hotel in writing.
5.3 The standard cancellation conditions, unless otherwise individually agreed, are as follows:
Up to 3 days before the arrival date, the contractual partner may cancel free of charge.
From 2 days before the arrival date, 90% of the agreed total price will be charged.
In the event of early departure, 90% will likewise be charged for the remaining booked period.
In the event of no-show, 90% of the agreed total price will be charged.
5.4 Special cancellation conditions apply to so-called "non-refundable rates": 100% prepayment is due at the time of booking. In the event of cancellation at any point after booking, a cancellation fee of 100% will apply.
5.5 The cancellation fee will be charged immediately upon cancellation, and any prior advance payments will be applied towards it. Any resulting credit balance will be refunded to the bank account details provided, at the contractual partner's expense. If credit card details have been provided as security, the contractual partner expressly agrees that this credit card may be charged with the applicable cancellation fees.
5.6 The accommodation provider may terminate the accommodation agreement by unilateral declaration for objectively justified reasons, no later than 1 month before the contractual partner's or guest's agreed arrival date, unless otherwise agreed.
8. Obligations of the Contractual Partner
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the current exchange rate as far as practicable. Should the accommodation provider accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as credit card company enquiries, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by them, the guest, or any other persons who, with the knowledge or consent of the contractual partner, make use of the accommodation provider's services.
9. Rights of the Accommodation Provider
9.2 This right of retention or lien also serves to secure the accommodation provider's claims arising from the accommodation agreement, in particular for meals, other expenses incurred on behalf of the contractual partner, and any compensation claims of any kind.
9.3 The accommodation provider is entitled to issue a final or interim invoice for their services at any time.
10. Obligations of the Accommodation Provider
10.2 Special services provided by the accommodation provider that are subject to mandatory pricing disclosure and are not included in the accommodation fee include, by way of example:
- Parking
- Cots
11. Liability of the Accommodation Provider for Damage to Items Brought In
11.2 For valuables, cash, and securities, the accommodation provider's liability is limited to a maximum of currently €550 (pursuant to § 970a ABGB). The accommodation provider is only liable for damage exceeding this amount if they have accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider themselves or by one of their staff. The liability limitations set out below apply accordingly.
11.3 The accommodation provider may refuse to store valuables, cash, and securities if these are items of considerably greater value than guests of the respective establishment would ordinarily deposit for safekeeping.
12. Limitations of Liability
13. Animals
14. Extension of Accommodation
15. Termination of the Accommodation Agreement – Early Termination
15.2 The accommodation provider is entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contractual partner or guest:
a) makes significantly detrimental use of the premises, or through their reckless, offensive, or otherwise grossly improper conduct makes cohabitation unbearable for other guests, the owner, their staff, or third parties residing in the establishment, or commits a criminal offence against the property, morality, or physical safety of such persons;
b) contracts a contagious illness or an illness extending beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay invoices presented to them within a reasonable period (3 days) of the due date.
15.3 In the event of termination for one of the reasons listed above, the guest has no entitlement to a refund of the originally agreed fee.
15.4 If performance of the contract becomes impossible due to an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, pandemics, etc.), the accommodation provider may terminate the accommodation agreement at any time without observing a notice period, provided the contract is not already deemed terminated by law or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
16. Illness or Death of a Guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange medical care at the guest's request. In cases of imminent danger, the accommodation provider will arrange medical care even without a specific request from the guest, in particular when this is necessary and the guest is not in a position to do so themselves.
16.2 For as long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest's expense. However, the scope of these care measures ends at the point when the guest is able to make decisions or when the relatives have been notified of the illness.
16.3 The accommodation provider has claims for reimbursement against the contractual partner and the guest, or in the event of death against their legal successors, in particular for the following costs:
a) outstanding medical costs, costs of patient transport, medication, and medical aids;
b) necessary room disinfection;
c) linen, bed linen, and bedding that has become unusable, or alternatively the cost of disinfection or thorough cleaning of all such items;
d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death;
e) room rent for the period during which the room was occupied by the guest, plus any days during which the rooms were unusable due to disinfection, clearance, or similar;
f) any other damages incurred by the accommodation provider.
17. Place of Performance, Jurisdiction, and Governing Law
17.2 Governing law: This agreement is subject to Austrian law. The place of performance and exclusive jurisdiction is Salzburg, Austria.
18. Miscellaneous
Hotel Policies:
HOTEL andrä, HOTEL max70, and HOTEL junior are non-smoking hotels. In the event of non-compliance with the smoking ban, a cleaning flat rate of €200.00 will be charged.
Should a smoke detector be triggered due to non-compliance with the smoking ban (cigarettes, incense sticks, etc.), cooking, or for any other reason, resulting in a fire brigade response, the costs of €750.00 must be paid by the guest responsible.
In the event of excessive soiling of the room (e.g. through the preparation of food), an additional cleaning flat rate of €100.00 will be charged to the guest.
Should any damage to the hotel or its furnishings occur during your stay as a result of your actions, all resulting costs will be charged directly to you.
Any theft on the premises will without exception be reported to the authorities. The hotel accepts no liability for valuables as a matter of principle. Reference is made to the liability provisions set out in Section 11.
All guests must observe the quiet hours between 22:00 and 07:00. Please ensure that noise levels within the room are kept to a minimum.
We kindly ask that you do not consume food or beverages brought from outside in our breakfast room or on our terrace.
18.2 Consent pursuant to the GDPR (General Data Protection Regulation) will be signed separately (upon arrival at the hotel).
18.3 The conclusion of travel cancellation insurance is recommended.
18.4 The basis of these GTC, to be applied on a secondary basis, are the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006). In the event of any gaps in regulation, the applicable statutory provisions shall apply.
18.5 Should any individual provisions of these GTC be or become legally invalid, the validity of the remaining provisions shall remain unaffected.
19. Opally Chatbot
When you use the chatbot or related features, the information you enter or submit (e.g. questions about reservations, stays, services, contact details and, where applicable, booking numbers) is transmitted to and processed by Opally. In addition, technical data such as IP address, browser type and usage data may be processed in order to provide the service and ensure system security. This processing is carried out partly within the framework of a data processing agreement in accordance with Art. 28 GDPR, as Opally processes the data solely on our behalf and according to our instructions for the purposes described in this privacy policy.
Opally may use data centres within the EU/EEA (e.g. Frankfurt) as well as selected service providers outside the EU (in particular in the USA). Where personal data is transferred to third countries, this is based on appropriate safeguards (such as EU Standard Contractual Clauses or the EU-U.S. Data Privacy Framework) to ensure an adequate level of data protection.
We use Opally to respond to your enquiries, improve our guest service and make our internal processes more efficient. The legal basis for this processing is our legitimate interest in efficient and modern communication with our guests and prospective guests in accordance with Art. 6(1)(f) GDPR. Where the processing is necessary for entering into or performing a contract with you (e.g. room or service bookings), the legal basis is Art. 6(1)(b) GDPR.
For more details on how Opally processes personal data, please refer to Opally’s own privacy policy available on Opally’s website (https://opally.com/privacy-policy).
