TERMS AND CONDITIONS
of the Wendl Hotelbetriebs GmbH
1. Scope of Application
1.2 The contractual partner undertakes to comply with these conditions as well as all other legal regulations. Only the GTC of Wendl Hotelbetriebs GmbH apply, regardless of the GTC of the contractual partner, even if these are not explicitly contradicted. Counter-confirmations of the reserving party and/or contractual partner referring to their general terms and conditions (GTC) are hereby expressly contradicted.
1.3 The GTC do not exclude special agreements. The GTC are subsidiary to agreements made individually.
1.4 All mediated third-party services (such as transport and excursion tickets, reservations with other businesses, event tickets etc.) are offered as solely connected services and thus the application of the Package Travel Law according to § 2 Abs 2 Z2 and 3 PRG is excluded.
1.5 By completing a reservation – regardless of the channel used – the contractual partner confirms having read, understood, and agreed to the GTC.
2. Definitions of Terms
2.2 "Guest": A natural person who avails of accommodation. The guest is usually also the contracting party. Persons accompanying the contracting party also count as guests (e.g., family members, friends, etc).
2.3 "Contracting Party": A natural or legal person from domestic or foreign countries, who concludes an accommodation contract as a guest or for a guest.
2.4 "Accommodation Contract":
Is the contract concluded between the accommodator and the contracting party, the content of which is specified in the following.
2.5 "Room Price" / "Accommodation Fee"
Contractually agreed room rates: All prices appearing in the IT system are current gross daily rates in EURO. The prices depend on the time of booking and the booking channel and are valid as per the reservation confirmation.
2.6 "non refundable rates" / "non-refundable rates"
These rates are discounted room prices. In the event of cancellation, there is no refund, regardless of the time of cancellation.
3. Contract Conclusion – Down Payment
3.1 The accommodation contract is concluded by the acceptance of the order of the
contracting partner by the provider. Electronic statements are considered
received when they can be accessed by the party for whom they are intended under ordinary
circumstances, and access occurs during the disclosed
business hours of the provider.
3.2 The provider is entitled to conclude the accommodation contract on the condition
that the contracting partner makes a down payment. In this case, the provider is obligated to
inform the contracting partner about the required down payment before accepting the written or oral
order. If the contracting partner agrees to the down payment (in writing or
orally), the accommodation contract is concluded upon the receipt of the
consent declaration regarding the payment of the down payment by the contracting partner at the provider's.
3.3 The contracting partner is obligated to pay the down payment within the agreed timeframe. The costs for the money transaction (e.g., transfer fees) are borne by the
contracting partner. For credit and debit cards, the respective terms of the
card companies apply.
3.4 The down payment is a partial payment on the agreed fee.
3.5 The total fee for the accommodation becomes due two days before the planned arrival (excluding local tax). The payment will be processed via a secure Paylink two days before the planned arrival. Alternatively, payment by credit card can be made as part of the online check-in two days prior to the planned
arrival.
4. Start and End of Accommodation
5. Withdrawal from the Accommodation Contract – Cancellation Fee
if no cancellation fees arise. The amount of the cancellation fees
will be determined by the respective agreement.
5.2 Cancellations must be made directly in writing through the hotel.
5.3 The regular cancellation terms, unless otherwise agreed individually, are:
• Up to 3 days before the arrival day, the contracting party can cancel without charge.
• From 2 days before the arrival day, 90% of the agreed total price
will be charged.
• In case of early departure, 90% for the rest of the booked period
will also be charged.
• In case of no-show, 90% of the agreed total price will be charged.
5.4 For so-called “non-refundable rates,” special cancellation conditions apply:
From the time of booking, a 100% prepayment is due. If a cancellation occurs at any
time after booking, 100% cancellation fees are incurred.
5.5 The cancellation fee will be charged immediately after the cancellation and any
previous deposits will be used for this purpose. Resulting credits will be transferred back to the account details provided at the expense of the
contracting party. If credit card details have been deposited as security, the contracting party expressly agrees that this credit card can be charged with the corresponding cancellation fees.
5.6 No later than 1 month before the agreed arrival day of the contracting party or
guest, the accommodation contract may be terminated by the accommodation provider, for materially justified reasons, unless otherwise agreed, by
a unilateral declaration.
8. Duties of the Contracting Partner
8.2 The host is not obliged to accept foreign currencies. If the host accepts foreign currencies, they will be accepted at the current exchange rate if feasible. Should the host accept foreign currencies or cashless payment methods, the contracting partner bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting partner is liable to the host for any damage caused by him or the guest or other persons who receive services from the host with the knowledge or consent of the contracting partner.
9. Rights of the Accommodation Provider
9.2 This right of retention or lien is also granted to the accommodation provider to secure his claim from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for damages of any kind.
9.3 The accommodation provider has the right to settle or intermediate bill his services at any time.
10. Duties of the Accommodation Provider
10.2 Examples of chargeable special services provided by the accommodation provider, which are not included in the accommodation fee, include:
• Parking
• Cribs
11. Liability of the Accommodation Provider for Damage to Brought-in Goods
11.2 For valuables, cash, and securities, liability is limited to a maximum of EUR 550 pursuant to § 970a ABGB. Liability beyond this amount exists only if such items were knowingly accepted for safekeeping or if the damage was caused by the accommodation provider or its staff.
11.3 The accommodation provider may refuse to accept valuables for safekeeping if they significantly exceed the value of items usually entrusted by guests.
12. Limitations of Liability
13. Animal Keeping
14. Extension of Accommodation
15. Termination of the Accommodation Contract – Early Dissolution
15.2 The accommodation provider is entitled to terminate the contract with immediate effect for good cause, in particular if the contractual partner or guest:
a) uses the premises in a significantly detrimental manner or behaves in a reckless, offensive, or grossly inappropriate way toward other guests, the owner, staff, or third parties residing on the premises, or commits a criminal offense against property, morality, or physical safety;
b) suffers from a contagious disease or an illness extending beyond the accommodation period, or requires care;
c) fails to pay invoices presented within a reasonable grace period (3 days).
15.3 In the event of termination for the above reasons, the guest has no claim to a refund of the agreed fee.
15.4 If performance of the contract becomes impossible due to force majeure (e.g. natural disasters, strikes, lockouts, official orders, pandemics, etc.), the accommodation provider may terminate the contract at any time without notice. Any claims for damages by the contractual partner are excluded.
16. Illness or Death of the Guest
17. Place of Performance, Jurisdiction and Choice of Law
18. Miscellaneous
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).
