GTC
General Terms and Conditions
GTC incl. swimming pond and sauna regulations as PDF (German)
1. Scope of application and definition of terms
These GTC apply to all reservations and accommodation contracts concluded between Sarstein Landwirtschaftliche Betriebe GmbH (hereinafter: Sarstein) and third parties (guests), as well as to all other services and deliveries provided by Sarstein. Appendices 1 (swimming pond regulations) and 2 (sauna regulations) form an integral part of these GTC and are therefore also binding and legally valid.
"Sarstein" means the Owner and operator of the "Schmiedgut Bad Aussee", Sarstein Landwirtschaftliche Betriebe GmbH
"Guest" is any natural person who lawfully makes use of accommodation.
"Party" means a natural or legal person in Germany or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
"Accommodation contract" is the contract concluded between Sarstein and the contractual partner, the content of which is regulated in more detail by these GTC.
2. Reservations and conclusion of contract
2.1 Reservations can only be made electronically via Sarstein's online and mobile channels or via third parties/intermediaries (e.g. online booking portals). Reservations by telephone, e-mail or other non-automated reservation methods require the prior consent of Sarstein.
2.2 By reserving a chalet or accommodation unit, the guest offers Sarstein the conclusion of an accommodation contract. Subject to availability, the guest will receive a reservation or booking number from Sarstein. The accommodation contract comes into effect upon payment of the
deposit. This agreement is binding for both parties. There is no entitlement to a specific chalet or accommodation unit.
2.3 Sarstein's offers to conclude an accommodation contract are subject to change and non- binding.
2.4 The guest is not entitled to an extension of the accommodation contract. An extension is an amendment to the contract that must be agreed in writing between the contracting parties.
2.5 Impossibility of arrival: If the guest is unable to arrive on the day of arrival because unforeseeable exceptional circumstances mean that all travel options are blocked or unusable, the accommodation contract shall not be canceled in this case, but shall only begin to run when the unforeseeable exceptional circumstances have ceased to exist in such a way that a travel option is reasonable, whereby the guest must be willing to travel for up to 24 hours.
2.6 Impossibility of departure: If the guest is unable to depart on the day of departure because
all departure options are blocked or unusable due to unforeseeable exceptional circumstances, the accommodation contract shall be automatically extended for the duration of the impossibility of departure. Sarstein is entitled to charge at least the price for the extended stay that corresponds to the price usually charged in the low season.
3. Resale
The resale/rental and/or subletting of booked chalets or accommodation units by the contractual partner is prohibited. In particular, the resale of chalets or residential units or chalet/residential unit allotments to third parties at prices higher than the actual chalet or residential unit prices is not permitted. The assignment or sale of the claim against Sarstein is also not permitted. In such cases Sarstein is entitled to cancel the booking, in particular if the guest has made false statements to the third party about the nature of the booking or the payment. Use of the chalet or accommodation unit for any purpose other than accommodation is expressly prohibited.
4. Means of payment and payment modalities, cancellation and rebooking, charging of the specified credit card to settle other outstanding items
4.1 Valid means of payment for hotel accommodation including ancillary services are VISA Secure, Mastercard Secure, Maestro Secure and V PAY Secure, each payable in EUR. A deposit of 30% of the price of the stay must be paid. The remaining amount is due no later than 10 days before arrival.
4.2 For a valid reservation, a valid credit card or other means of payment in accordance with 4.1 of this contract must be provided by the guest at the time of booking. Sarstein has the right to have this information checked immediately for validity and to carry out a pre-authorization on the credit card provided.
4.3 The reservation of a cancelable rate, which is marked as such in the description and conditions, can be canceled free of charge up to 30 days before the date of arrival. Cancellations made less than 30 days before the date of arrival will result in 50% of the cost of the stay being retained or invoiced. If the guest cancels or fails to appear ("no-show") on the date of arrival, 100% of the cost of the stay will be retained or charged and the guest's right to use the chalet or accommodation unit will expire.
4.4 A fee of EUR 30.00 per chalet or accommodation unit will be charged for rebookings, provided that Sarstein has corresponding availability for the desired alternative dates of stay. If Sarstein's current daily rates for the new dates of stay are higher than for the original dates, the guest must also pay the difference in rates. If there is no availability for the desired alternative dates of stay, a rebooking is not possible.
4.5 Sarstein reserves the right to cancel a reservation at any time without giving reasons. Any resulting claims for damages by the guest are excluded.
5. Registration form and disclosure of personal data
Guests are obliged to provide their personal data and additional information relevant to the registration form in advance via Sarstein's electronic online registration data portals in accordance with the German Registration Act.
6. Taxes, fees and charges
The applicable prices are gross total prices. Statutory taxes, fees and duties are shown separately and paid by Sarstein. Sarstein reserves the right to adjust the prices accordingly in the event of changes to tax, fee and levy rates and the effective levying of new taxes, fees and levies previously unknown to the parties. Accommodation prices are shown per chalet or accommodation unit per night.
7. Possible uses of reserved chalets or residential units
7.1 By concluding the accommodation contract, the guest acquires the right to the customary use of the rented chalet or the rented accommodation unit. The right must be exercised in accordance with the chalet rules available on site.
7.2 Reserved chalets or accommodation units are available to the guest from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure. On the day of departure, the guest must return the chalet or accommodation unit to Sarstein by 11:00 a.m. at the latest, vacated and undamaged.
7.3 If, contrary to the terms of the contract, the guest fails to vacate the chalet or accommodation unit by 11.00 a.m. on the day of departure, he shall owe Sarstein a lump sum compensation for this reason amounting to 100% of the accommodation price for one night for the chalet or accommodation unit. The guest is permitted to prove that Sarstein has not suffered any damage or a reduction in value as a result of the late return of the hotel room, or that the damage or reduction in value is significantly lower than the aforementioned flat-rate compensation.
7.4 In addition, Sarstein reserves the right to have the chalet or accommodation unit vacated by its staff and to store all items brought in by the guest in the event that the guest vacates the chalet or accommodation unit late or not at all. Sarstein does not accept any further liability for the items stored in this way beyond the liability conditions formulated in these terms and conditions (point 9 of this contract). The costs incurred for safekeeping will be invoiced separately to the guest.
8. Possible uses of public areas
8.1 With the reservation of a chalet or accommodation unit, the guest may use the designated public areas, such as sauna, swimming pond, (partial) garden, etc., free of charge. free of charge within the framework of the chalet, sauna and swimming pond regulations, which are available on site. Sarstein reserves the right to close the public areas at short notice without prior notice. In the event that a public area is unavailable, the guest is not entitled to a partial or full refund of their payment for the overnight stay. The public areas are therefore not considered part of the accommodation contract concluded for the booked hotel room.
8.2 Subject to availability, it is possible to park one car per chalet/apartment in the garage or in the parking lot free of charge. Sarstein accepts no liability for theft, damage etc. to the parked cars.
9. Liability of Sarstein, limitation of liability
9.1 If the contractual partner/guest is a consumer within the meaning of § 1 KSchG, Sarstein's liability for slight negligence, with the exception of personal injury, is excluded.
9.2 If the guest/contractual partner is an entrepreneur within the meaning of § 1 UGB, liability for slight and gross negligence is excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault; consequential damage or immaterial damage such as loss of profit shall not be compensated under any circumstances. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.
9.3 Should disruptions or defects occur in Sarstein's services, Sarstein will endeavor to remedy the situation if it becomes aware of them or if the guest complains immediately. The guest is obliged to do what is reasonable to remedy the disruption and minimize any possible damage. Furthermore, the guest is obliged to inform Sarstein in good time of the possibility of exceptionally high damages.
9.4 Sarstein is liable for items brought into the safe in accordance with the statutory provisions, whereby liability is limited to ten times the total amount and up to EUR 550.00 for money, securities and valuables. Valuables in the safe are insured up to a maximum of EUR 1,000.00. The claim expires if the guest does not notify Sarstein immediately after becoming aware of the loss, destruction or damage to the item brought in (§ 970b ABGB). Sarstein shall only be liable for any further damage if Sarstein has accepted these items for safekeeping with knowledge of their condition or if the damage was caused by Sarstein or persons attributable to Sarstein. The limitations of liability under 9.1. and 9.2. apply accordingly.
9.5 There are two electric charging stations for e-cars (electrically powered vehicles) in the garage. These are available to Sarstein guests subject to availability. Use of the electric charging stations is at your own risk and Sarstein accepts no liability whatsoever.
10. Liability of the guest
10.1 The guest must treat the chalet or accommodation unit with care and respect. Young
people under the age of 18 must be accompanied by an adult. Children under the age of 14 must be supervised by an adult guest at all times during their stay in the facility.
10.2 The guest shall be liable for any damage and consequential damage caused by him/her. This includes, even in the case of slight negligence, all soiling beyond the usual extent, all damage and the costs of an (unjustified) fire alarm caused by the use of the chalet or accommodation unit. The use of electronic devices such as kettles, irons and hair dryers is not permitted for fire safety reasons. Should costs arise due to the use of such devices, e.g. for fire alarms, damage to the inventory, etc., the guest is fully liable for these costs.
10.3 If the guest refuses to pay the agreed remuneration or is in arrears, Sarstein shall be entitled to the statutory right of retention (§ 970c ABGB) and the statutory right of lien (§ 1101 ABGB) on the items brought in by the guest. Sarstein is also entitled to these rights as security for other services arising from the accommodation contract and any claims for compensation of any kind.
11. Smoking ban, pets
11.1 Smoking is prohibited in the chalets or accommodation units and all other enclosed areas of the Schmiedgut Bad Aussee. Smoking on the entire premises of the Schmiedgut is only permitted in the areas marked in the chalet rules, taking into account the well-being of the other guests.
In the event of a breach of the smoking ban, Sarstein is entitled to demand a contractual penalty of EUR 150.00 per breach from the guest, as well as the necessary cleaning costs and any damages incurred as a result of the breach.
11.2 Pets are not permitted.
12. Domiciliary rights
Sarstein reserves the right to expel guests from the hotel. This applies in particular if guests do not follow the instructions of staff, make discriminatory comments, harass or endanger other guests or damage property.
13. Termination of the accommodation contract
13.1 The accommodation contract is concluded for a fixed term. It therefore ends due to the passage of time.
13.2 Early departure by the guest/contractual partner entitles Sarstein to demand or retain the entire agreed fee. Sarstein will deduct what it has saved by not making use of the services offered or what it has received by renting the booked chalets or accommodation units to other parties. However, a saving only exists if the entire Schmiedgut Bad Aussee is fully occupied at the time of non-utilization of the premises rented by the guest/contractual partner and the premises can be rented to other guests due to the cancellation of the guest/contractual partner. The contractual partner bears the burden of proof of the savings.
13.3 Sarstein is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner/guest
13.3.1. makes significantly detrimental use of the premises or, through inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, or persons attributable to the owner, makes living together unpleasant or is guilty of a punishable offense against property, morality or physical safety towards these persons;
13.3.2. is afflicted by an infectious disease or an illness that lasts beyond the period of accommodation, or otherwise becomes in need of care;
13.3.3. does not comply with the official requirements in connection with SARS-CoV-2;
13.3.4. fails to pay the submitted invoice when due within a period of 3 days;
13.3.5. breaches clause 11.2 of this contract;
13.3.6. if the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. strike, natural disasters, official order, etc.).
13.4 Sarstein is entitled to withdraw from the accommodation contract at its own discretion and without giving reasons within 5 days of conclusion.
Any claims for damages by the guest/contractual partner are excluded.
13.5 The accommodation contract with Sarstein shall end upon the death of the contractual partner.
14. Final provisions
14.1 In the event of contradictions between the Accommodation Agreement and these GTC, the provisions of the Accommodation Agreement shall take precedence. The Accommodation Agreement and these GTC contain all agreements between the parties regarding the subject matter of the contract. There are no verbal ancillary agreements to the Accommodation Agreement.
14.2 Amendments or supplements must be made in writing. All declarations and notifications to be made in accordance with the Accommodation Agreement and these GTC must be made in writing, unless expressly stipulated otherwise.
14.3 Sarstein is entitled to transfer all rights or claims arising from the accommodation contract to third parties. Sarstein is entitled to have obligations arising from and in connection with the accommodation contract performed by third parties.
14.4 Sarstein is entitled to offset claims of the contractual partner against its own claims. The contractual partner is not entitled to offset Sarstein's claims against its own claims, unless the contractual partner's claim has been established by a court or recognized by Sarstein.
14.5 Any invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic and legal intention of the parties.
15. Applicable law
All contracts concluded by Sarstein are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16. Place of jurisdiction
The competent court in Vienna shall have exclusive jurisdiction for all disputes arising from the contractual relationship or closely related to the contractual relationship, unless the customer is a consumer and the Consumer Protection Act stipulates otherwise.
17. Arbitration agreement
For contracts concluded with guests who are resident in countries with which there is no agreement on the recognition and enforcement of civil law claims with Austria, the following regulation shall apply instead of the agreement on the place of jurisdiction (clause 16) or the guest undertakes to conclude the following arbitration agreement:
All disputes or claims arising out of or in connection with this contract, including disputes concerning its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the International Arbitral Institute of the Austrian Federal Economic Chamber (VIAC) by one or three arbitrators appointed in accordance with these Rules, applying Austrian law.
Appendix 1
Swimming pond regulations
Dear guests!
Our swimming pond pond at Schmiedgut Bad Aussee is intended to offer you relaxation for body and soul. Please understand that compliance with the following regulations is essential to fulfill official requirements for the safety, hygiene and well-being of our bathers.
By booking your stay at the Schmiedgut Bad Aussee, you enter into a contract to visit the swimming pond and thereby recognize the following provisions of the swimming pond regulations as legally binding.
I. Opening hours
1. The swimming pond pond is open daily from 09:00 to 20:00 for guests of the Schmiedgut Bad Aussee and only between July and August 31. Outside of these opening hours, use of the swimming pond pond is not permitted.
II. Access regulations, precautions for your safety
1. The use of the swimming pond pond is reserved exclusively for guests of the Schmiedgut Bad Aussee (with a valid KeyCard) within the framework of the accommodation contract and these swimming pond regulations as an integral part of the accommodation contract.
2. A maximum of 4 people may be in the swimming pond pond at the same time. The total number of bathers in the swimming pond pond may not exceed 21 people per day.
3. Use is subject to the swimming pond regulations and exclusively at your own risk.
4. Children under the age of 14 are only permitted to use the swimming pond pond when accompanied by an adult. NEVER leave your child unattended near the swimming pond pond!
5. As the depth of the water is 180 cm or more at all points, the swimming pond pond may only be used by persons with sufficient swimming ability without appropriate expert supervision. Non- swimmers are only permitted to use the swimming pond pond when accompanied by a supervisor.
6. Use of the swimming pond pond is only permitted if there are no health problems. Persons who are drunk or otherwise intoxicated, persons with open wounds, skin diseases or infectious diseases (e.g. influenza) and epileptics are not permitted to use the swimming pond pond.
7. It is generally prohibited to use or enter the regeneration areas (planted areas).
III. Hygiene regulations
1. Please note that the water of the swimming pond is kept clean exclusively by its self-cleaning powers. The natural cleaning power is limited.
2. As a guest, you are obliged to maintain the utmost cleanliness in the entire swimming pond area. Any contamination of the swimming pond area, in particular the water, jetties and meadow areas, is prohibited.
3. The showers must be used before using the swimming pond pond. Any personal hygiene products (e.g. soap, shampoo) must not be used outside the shower area.
4. The swimming pond pond may only be entered with clean and safe swimwear. Children who are not yet clean must wear a swim diaper. It is recommended that suitable swimming pond shoes are worn in the entire swimming pond area. The swimming pond pond may only be entered barefoot. Swimming pond shoes must be left in front of the swimming pond pond.
5. Suitable and sufficiently large textiles (e.g. large bath towel) must be used as a base for sitting or lying on when using the loungers and seats in the entire swimming pond area. Any contamination of the loungers and seats with sweat or other rubbing agents must be avoided. The underlays must be taken away when leaving the swimming pond area.
IV. Instructions from Schmiedgut Bad Aussee
Instructions given by Schmiedgut Bad Aussee and its employees must be followed.
V. Harassing behavior, damage
1. Any behavior that disrupts the operational safety and orderly operation of the swimming pond, public decency, the maintenance of safety, peace and order and the peace and relaxation of guests is prohibited. Radios, TV sets, CD players, musical instruments etc. may only be used if they do not disturb other guests. In particular, smoking is prohibited in the entire swimming pond complex.
2. Any behavior that is likely to damage or contaminate buildings and furnishings is prohibited. The damaging party (or their legal representative) is liable for any damage.
Your Schmiedgut Bad Aussee
Information for bathers
according to § 82 para. 2 Swimming pond Hygiene Ordinance as amended
Dear guests!
The small swimming pond is kept clean exclusively by its self-cleaning powers. The natural cleaning power is limited.
To protect the health of bathers, the specified number of people may not be exceeded:
• A maximum of 4 people may be in the swimming pond water at any one time.
• The total number of bathers in the small swimming pond pond may not exceed 21 people per day.
Your Schmiedgut Bad Aussee
Appendix 2
Sauna rules
Dear guests!
Our sauna facility at Schmiedgut Bad Aussee is designed to offer you relaxation for body and soul. Please understand that compliance with the following regulations is essential to fulfill official requirements for the safety, hygiene and well-being of our sauna guests.
By booking your stay at the Schmiedgut Bad Aussee, you enter into a contract to visit the sauna facility and thereby recognize the following provisions of the sauna regulations as legally binding.
I. Opening hours
1. The sauna facility is open daily from 16:00 to 21:00 for guests of the Schmiedgut Bad Aussee. Outside of these opening hours, use of the sauna facilities is not permitted.
II. Access regulations, precautions for your safety
1. The use of the sauna facilities is reserved exclusively for guests of the Schmiedgut Bad Aussee (with a valid KeyCard) within the framework of the accommodation contract and these sauna regulations as an integral part of the accommodation contract.
2. The use of the entire sauna facility is exclusively at your own risk, in particular you bear the risk of a medical emergency.
3. Use of the sauna facilities is only permitted if there are no health complaints. Persons who are drunk or otherwise intoxicated, persons with open wounds, skin diseases or infectious diseases (e.g. influenza) and epileptics are not permitted to use the sauna facilities. If in doubt, it is advisable to consult a doctor as to whether use of the sauna is permitted.
4. For safety reasons, the sauna facilities may never be used by one person alone. Children under the age of 14 are only permitted to use the sauna facilities when accompanied by an adult.
5. The sauna facility must be used by at least two persons with equivalent physical abilities (such as height, strength, weight, etc.) so that first aid can be provided if necessary.
6. Knowledge of first aid (e.g. completed first aid course or equivalent knowledge) is a prerequisite for using the sauna facility so that first aid can be provided if necessary.
7. Make sure that you have a cell phone within reach outside the sauna cabin when using the sauna cabin so that you can call for help in an emergency.
8. There is also an emergency call button in the sauna cabin for emergencies. This emergency call button may only be activated in an emergency situation (e.g. feared health hazard to a user of the sauna facility). Schmiedgut Bad Aussee reserves the right to assert claims for costs caused by unnecessary activation of the emergency call button.
III. Hygiene regulations
1. As a guest, you are obliged to maintain the utmost cleanliness in the entire sauna facility.
2. Before using the sauna facilities, in particular the sauna cabin, the body must be thoroughly cleaned using personal hygiene products (e.g. soap, shampoo). Personal hygiene products may not be used outside the shower area.
3. The sauna cabin may only be used when the body is dry.
4. Suitable and sufficiently large textiles (e.g. large bath towel) must be used as a base for sitting or lying on when using the loungers and seats in the entire sauna facility, especially in the sauna cabin. Any contamination of the loungers and seats by sweat or other rubbing agents must be avoided. The pads must be taken with you when you leave the sauna cabin.
5. The entire sauna facility may only be entered with swimming pond shoes - not with street shoes. The sauna cabin may only be entered barefoot. Swimming pond shoes must be left in front of the sauna cabin.
IV. Instructions from Schmiedgut Bad Aussee
Instructions from Schmiedgut Bad Aussee and its employees must be followed.
V. Harassing behavior, damage
Any behavior that disrupts the operational safety and orderly operation of the sauna, public decency, the maintenance of safety, peace and order and the peace and relaxation of guests is prohibited. In particular, smoking is prohibited in the entire sauna facility.
Any behavior that is likely to damage or contaminate buildings and furnishings is prohibited. The damaging party (or their legal representative) is liable for any damage.
Your Schmiedgut Bad Aussee
GTC incl. swimming pond and sauna regulations as PDF (German)