General Terms and Conditions
Last updated: September 2026
1. Scope
These General Terms and Conditions (hereinafter “GTC”) of Hotel Villa Flora GmbH, Markus-Pernhart-Straße 5–7, 9220 Velden am Wörthersee, Austria, Company Register No. FN 369387 t, VAT ID ATU66717868, email hotel@villa-flora.at, phone +43 4274 2130 (hereinafter “Accommodation Provider”), apply to all contracts for the rental of rooms and apartments for accommodation and all related services (hereinafter “Accommodation Agreement”) concluded by a consumer or entrepreneur (hereinafter “Contracting Party”) with the Accommodation Provider, whether booked through the online booking system, by email, by telephone or on site. Any terms of the Contracting Party are rejected unless otherwise agreed.
1.1 Definitions: “Accommodation Provider” means a natural or legal person who provides accommodation to guests for remuneration. “Guest” means a natural person who uses the accommodation; persons travelling with the Contracting Party, such as family members, are also Guests. “Contracting Party” means a domestic or foreign natural or legal person who concludes an Accommodation Agreement as a Guest or for a Guest. “Consumer” and “entrepreneur” have the meanings assigned under the Austrian Consumer Protection Act (KSchG).
2. Conclusion of the Contract
2.1 Room and service descriptions on the Accommodation Provider’s website and online booking system do not constitute binding offers; they invite the Contracting Party to submit a binding offer.
2.2 The Contracting Party may submit an offer through the online booking system. After completing the booking process, clicking the button that completes the booking constitutes a legally binding offer for the selected services. Offers may also be submitted by telephone or email.
2.3 The Accommodation Agreement is concluded when the Accommodation Provider accepts the Contracting Party’s offer. Acceptance is made by a booking confirmation in text form by email and becomes effective upon receipt. If the Accommodation Provider does not accept the offer within one day, it is deemed rejected and the Contracting Party is no longer bound by it.
2.4 The Accommodation Provider may make conclusion of the Accommodation Agreement conditional on a deposit and will inform the Contracting Party of this before acceptance. The deposit is a part payment of the agreed remuneration and, unless otherwise agreed, must be received no later than three days before the start of the stay; where the booking is made less than three days before arrival, it is due on the next working day. The Contracting Party bears transaction costs such as bank charges. For bookings through the online booking system, the payment and instalment conditions displayed for the selected offer also apply.
2.5 For online bookings, the contract text is stored and sent to the Contracting Party together with these GTC by email after the booking is submitted.
2.6 Before submitting a binding booking, the Contracting Party may correct entries using the usual keyboard and mouse functions.
2.7 The contract may be concluded in German or English. In the event of discrepancies between the German version and a translated version of these GTC, the German version prevails.
2.8 Booking processing and communication generally take place by email. The Contracting Party must ensure that the email address provided is correct and that emails from the Accommodation Provider can be delivered, including when spam filters are used.
2.9 Notice to consumers: Under Section 18(1)(10) of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no statutory right of withdrawal for contracts concerning accommodation other than for residential purposes where the contract provides for a specific date or period. The cancellation terms in Section 3 apply.
3. Withdrawal, Cancellation Fees and No-Show
3.1 Withdrawal by the Accommodation Provider: If the Accommodation Agreement provides for a deposit and the Contracting Party fails to pay it on time, the Accommodation Provider may withdraw from the contract without granting an additional period.
3.2 Unless otherwise agreed, the Accommodation Provider may terminate the Accommodation Agreement by unilateral declaration for objectively justified reasons no later than three months before the agreed date of arrival.
3.3 No-show: If the Guest has not arrived by 6:00 p.m. on the agreed arrival date, the Accommodation Provider is no longer obliged to provide accommodation unless a later arrival time has been agreed. If a deposit has been paid, the accommodation remains reserved until noon on the day after the agreed arrival date and the stay is charged from the agreed arrival date. Where more than four days have been prepaid, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the agreed arrival date counted as day one, unless the Guest has notified a later arrival date.
3.4 Withdrawal by the Contracting Party and cancellation fees: The Accommodation Agreement may be cancelled without charge by unilateral declaration no later than three months before the agreed arrival date. After that date, cancellation is possible only against payment of the following fees: 40% of the total package price up to one month before arrival, 70% up to one week before arrival, and 90% during the final week before arrival. Any different cancellation and payment terms displayed for a specific rate or package in the online booking system prevail.
3.5 Impediment to arrival: If the Contracting Party cannot reach the accommodation on the arrival date because all means of travel are impossible due to unforeseeable extraordinary circumstances, such as extreme snowfall or flooding, the agreed remuneration is not payable for the days on which arrival is impossible. The payment obligation resumes as soon as arrival becomes possible within three days.
4. Prices and Payment
4.1 Unless otherwise stated in the service description, prices are total prices including statutory VAT and charges. Local tax is included or shown separately with the offer.
4.2 Available payment methods are stated in the online booking system or booking confirmation.
5. Start and End of the Stay
5.1 Unless the Accommodation Provider offers a different check-in time, the Contracting Party may occupy the rented premises from 3:00 p.m. on the agreed arrival date. If a room is first used before 3:00 p.m., the preceding night counts as the first overnight stay unless otherwise agreed with reception in advance.
5.2 The rented premises must be vacated by 11:00 a.m. on the departure date. The Accommodation Provider may charge an additional day if they are not vacated on time.
6. Substitute Accommodation
6.1 The Accommodation Provider may provide the Contracting Party or Guests with adequate substitute accommodation of equivalent quality where this is reasonable, particularly if the deviation is minor and objectively justified.
6.2 Objective justification includes premises becoming unusable, existing Guests extending their stay, overbooking or other important operational reasons.
6.3 Any additional costs of substitute accommodation are borne by the Accommodation Provider.
7. Warranty
7.1 The Accommodation Provider must provide the agreed services to the standard of the establishment. Statutory warranty rules apply to defective performance. In dealings with entrepreneurs, the Accommodation Provider may choose the form of remedy for remediable defects.
8. Rights and Obligations of the Contracting Party
8.1 No later than departure, the Contracting Party must pay the agreed remuneration plus any additional amounts resulting from separate services used by the Contracting Party or accompanying Guests.
8.2 The Accommodation Provider is not required to accept foreign currencies.
8.3 The Contracting Party is liable to the Accommodation Provider for damage caused by the Contracting Party, a Guest or any other person who uses the Accommodation Provider’s services with the Contracting Party’s knowledge or consent.
8.4 If the Contracting Party refuses or is in arrears with payment of the agreed remuneration, the Accommodation Provider has the right of retention under Section 970c ABGB and the statutory lien under Section 1101 ABGB over items brought onto the premises, securing all claims arising from the Accommodation Agreement.
8.5 The Accommodation Provider may issue invoices or interim invoices for services at any time.
9. Liability of the Accommodation Provider
9.1 The Accommodation Provider is liable to the Contracting Party for contractual, statutory and tortious claims for damages and reimbursement of expenses in accordance with the following provisions.
9.2 Liability for slight negligence is excluded, except for personal injury. If the Contracting Party is an entrepreneur, liability is also excluded for gross negligence, except in cases of particularly serious gross negligence, and always subject to mandatory law.
9.3 Liability for items brought into the accommodation is governed by Sections 970 et seq. ABGB. Liability applies where the items were handed to the Accommodation Provider or authorised staff or placed at a location designated for that purpose. The Accommodation Provider is not liable if it proves that the damage was neither caused by it or its staff nor by third parties entering and leaving the premises. Contributory negligence may reduce or exclude compensation. Liability for valuables, money and securities is limited to the statutory maximum of EUR 550.00 pursuant to Section 970a ABGB. The Accommodation Provider is liable beyond that amount if it accepted the items for safekeeping with knowledge of their nature or if the loss or damage was caused by the Accommodation Provider or its employees. No additional blanket limitation of liability is agreed for other items brought into the accommodation. The Accommodation Provider may refuse valuables, money or securities for safekeeping if they are substantially more valuable than items usually deposited by Guests. If the Contracting Party or Guest fails promptly to comply with a request to deposit items at a designated place of safekeeping, the Accommodation Provider is released from liability to that extent.
10. Animals
10.1 Animals are generally not permitted and may be brought onto the premises only exceptionally with the Accommodation Provider’s prior consent and, where applicable, against an additional charge.
10.2 A Contracting Party bringing an animal must keep it properly supervised or arrange suitable supervision at their own cost during the stay.
10.3 The Contracting Party or Guest bringing an animal must hold appropriate animal-owner or personal liability insurance covering damage caused by animals and provide evidence on request.
10.4 The Contracting Party and its insurer are jointly and severally liable to the Accommodation Provider for damage caused by animals brought onto the premises, including amounts payable by the Accommodation Provider to third parties.
11. End of the Accommodation Agreement and Early Termination
11.1 An Accommodation Agreement concluded for a fixed term ends when that term expires.
11.2 If the Contracting Party departs early, the Accommodation Provider may claim the full agreed remuneration less expenses saved because the services were not used and amounts received from re-letting the premises.
11.3 The Accommodation Agreement ends upon the death of a Guest.
11.4 An Accommodation Agreement concluded for an indefinite period may be terminated by either party by 10:00 a.m. on the third day before the intended end date.
11.5 The Accommodation Provider may terminate the Accommodation Agreement with immediate effect for good cause, particularly where the Contracting Party or Guest (a) uses the premises in a materially detrimental manner, seriously disturbs other Guests, the Accommodation Provider, staff or third parties through inconsiderate, offensive or grossly improper conduct, or commits an offence against property, morality or physical safety; (b) contracts an infectious illness, an illness extending beyond the stay, or otherwise requires care; or (c) fails to pay invoices when due within a reasonably granted period of three days.
11.6 If performance becomes impossible due to force majeure, such as natural events, strikes or official orders, the Accommodation Provider may terminate the Agreement at any time without notice unless it has already ended by operation of law or the Accommodation Provider has been released from its obligation to provide accommodation. Claims for damages by the Contracting Party are excluded to the extent permitted by law.
12. Governing Law, Jurisdiction, Dispute Resolution and Final Provisions
12.1 Austrian law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protection under the law of the country in which they habitually reside.
12.2 If the Contracting Party is an entrepreneur, the registered office of the Accommodation Provider is the exclusive place of jurisdiction. For consumers resident or habitually resident in Austria, Section 14 KSchG applies. Consumers resident in another EU Member State may be sued only at their residence and may sue the Accommodation Provider at its registered office.
12.3 Consumer dispute resolution: The Accommodation Provider is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board. Consumers may contact the Austrian Consumer Arbitration Board, Mariahilfer Straße 103/1/18, 1060 Vienna (www.verbraucherschlichtung.at).
12.4 If any provision of these GTC is or becomes invalid, the remaining provisions remain effective. For consumers, this applies only insofar as mandatory consumer law does not provide otherwise.