General Terms and Conditions
OCHENSBERGER’S TERMS AND CONDITIONS for holiday guests:
Cancellation of your reservation free of charge in writing is possible up to 3 weeks before your arrival date.
In the event of a later cancellation or no-show, we will charge the following cancellation fees for your booked arrangement:– from 3 to 1 week before the date of arrival: 50%
– from 7 to 2 days before the date of arrival: 75%
– from 2 days before the date of arrival: 90%
OCHENSBERGER’S TERMS AND CONDITIONS for groups & events:
We need your final details and any change requests, as well as the exact number of people and rooms at least 48 hours before the event date! This information is a guarantee and will be charged according to the booked arrangement. We regret that we are unable to accommodate late cancellations or last-minute changes free of charge. In the event of a no-show, 100% will be charged. With your reservation confirmation we assure you of the confirmed booking in our house. Should you nevertheless be forced to make a cancellation, we will allow you to cancel the entire event free of charge up to 6 weeks before arrival. For all further cancellations, we will charge the following fees for the booked arrangement:
Our packages include the specified services. Individual components cannot be charged separately.All extras, such as minibar, telephone, laundry, alcoholic drinks and all additional consumptions will be charged separately to participants.For your protection, we recommend the Hotel Cancellation Plus insurance from Europäische Reiseversicherung. Here you can take out the insurance quickly and easily take out the insurance.
General Terms and Conditions Webshop
1. SCOPE OF APPLICABILITY
1.1 These General Terms and Conditions apply to the sale and delivery of goods by Garten-Hotel Ochensberger GmbH, 8181 St. Ruprecht/Raab Untere Hauptstraße 181
1.2 Deviating conditions of the buyer are only valid if Garten-Hotel Ochensberger GmbH agrees.
1.3 By placing an order or registering in accordance with point 12.2, the buyer agrees to these General Terms and Conditions and is bound by them.
2. prices
2.1 The prices stated in our online shop of Garten-Hotel Ochensberger GmbH include the statutory Austrian value added tax.
DELIVERY WITHIN AUSTRIA:Shipping within the EU and to SWITZERLAND:3. PAYMENT AND DEPOSITS
3.1 The purchase price must be paid immediately before the start of delivery either in advance or with one of the two credit cards Mastercard or Visa.
3.2 Garten-Hotel Ochensberger GmbH retains ownership of the goods until full payment of the purchase price including ancillary charges.
4. transfer of risk
4.1 If the buyer collects the goods himself, use and risk shall pass to the buyer at the latest upon handover at the cash desk.
4.2 If the goods are delivered by dispatch from Garten-Hotel Ochensberger GmbH, the handover and risk shall be transferred to the customer or his representative at the latest when the goods are handed over.
5. RETURN OF THE GOODS
5.1 Garten-Hotel Ochensberger GmbH is prepared to take back the purchased goods against reimbursement of the full purchase price under the following conditions until further notice: The return must be made within 10 days of the invoice date, in the original packaging, undamaged and accompanied by the original invoice. Labelled promotional offers will only be taken back in the total quantity purchased. Returns will be made at the price valid at the time of the original purchase in the form of a credit note. Specially manufactured or ordered items and incomplete packaging units are expressly excluded from this.
5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order by post, telephone, fax, e-mail or via the Internet online shop, he may withdraw from the purchase contract in writing or by returning the goods within seven days of delivery in accordance with §§ 5e – 5h KSchG and in deviation from point 5.1. The cancellation does not need to be justified, but only needs to be sent in due time. The buyer will be refunded the purchase price already paid against return of the goods, but must bear the costs of the return shipment.
6. ORDERS, DELIVERY PERIOD, WITHDRAWAL FROM THE CONTRACT
6.1 Garten-Hotel Ochensberger GmbH accepts orders by telephone, fax or e-mail or via the Internet online shop from Monday to Sunday from 07.00 to 20.00 hours. The order times can be changed by Garten-Hotel Ochensberger GmbH from time to time according to the information in advertising mailings or in the Internet online shop. If orders are received outside the order times, they shall only be deemed to have been received at the beginning of the order time on the next working day. When placing an order, the customer must specify a desired delivery date and an alternative date. The customer is obliged to ensure proper acceptance of the ordered goods on these dates.
6.2 Delivery is made by post or parcel service, commissioned by Garten-Hotel Ochensberger GmbH, at normal business hours. In the event of non-acceptance of ordered goods, Garten-Hotel Ochensberger GmbH is entitled to demand compensation for the additional expenses incurred as a result, such as transport costs.
6.3 The acceptance of orders is subject to delivery possibilities. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Garten-Hotel Ochensberger GmbH is not responsible, the delivery obligation shall lapse or the delivery period shall be extended by the duration of these obstacles. Circumstances for which Garten-Hotel Ochensberger GmbH is not responsible include in particular Difficulties in obtaining the goods or raw materials from third parties, in the case of subscriptions the late release of the goods by a sub-supplier, operational disruptions, traffic disruptions, lockouts and strikes as well as all cases of force majeure. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permitted. This applies in particular to reasonable delays in delivery and the like.
6.4 Garten-Hotel Ochensberger GmbH is entitled to withdraw from the contract in whole or in part in the cases mentioned in point 6.3 without being liable for damages. A prerequisite for the customer’s withdrawal from the contract, however, is a delay in delivery for which Garten-Hotel Ochensberger GmbH is responsible despite the setting of a reasonable grace period of at least four weeks in writing.
6.5 If the customer unjustifiably declares that he does not wish to adhere to the contract (“cancellation”) and Garten-Hotel Ochensberger GmbH agrees to this in writing, Garten-Hotel Ochensberger GmbH shall be entitled to 15% of the purchase price as a lump-sum minimum compensation (“cancellation fee”) for goods in stock. Such a cancellation of the contract is generally excluded for ordered goods.
6.6 Changes or cancellations of orders by the buyer must always be made in writing. Garten-Hotel Ochensberger GmbH reserves the right to accept declarations in another form, which then only become effective with the written confirmation by Garten-Hotel Ochensberger GmbH.
6.7 For transactions with consumers within the meaning of the Consumer Protection Act, in deviation from the above points, the buyer may withdraw from the contract after exceeding the specified delivery dates by setting a reasonable grace period.
6.8 For online vouchers, the conditions stated on the Internet also apply.
7. WARRANTY
7.1 Warranty claims require that defects are reported immediately to Garten-Hotel Ochensberger GmbH, namely recognisable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice.
7.2 A warranty claim is in any case limited to the invoice value of the delivered and defective goods.
7.3 Garten-Hotel Ochensberger GmbH shall fulfil its warranty obligations at its discretion either by delivering defect-free goods, improvement, subsequent delivery of missing quantities or repayment of the purchase price within a reasonable period of time.
7.4 Customary or minor technical deviations in quality, quantity, colour, size, weight, equipment or design do not constitute warranty defects or non-performance of the contract.
7.5 Garten-Hotel Ochensberger GmbH is not liable for conformity of taste, colour, material and pattern or other characteristics of conformity of reordered goods. The same applies to goods ordered according to samples, provided that the deviation is within the customary commercial and technical limits. 7.6 After the time of transfer of risk to the customer, glass breakage in particular shall not constitute a reason for the customer to assert warranty claims.
8. LIABILITY FOR DAMAGES
8.1 Garten-Hotel Ochensberger GmbH is only liable for damages in the event of intent or gross negligence that occurred before the goods were dispatched, with the exception of damage to a person.
9. COLLECTION
9.1 Garten-Hotel Ochensberger GmbH ordered or commissioned goods must be collected within 14 days of notification or commissioning. A possible longer storage period of up to a maximum of 4 weeks must be agreed.
9.2 If the goods are not collected or accepted within this period, Garten-Hotel Ochensberger GmbH has the right either to store the goods at the risk of the buyer, charging a storage fee of 5% of the invoice amount per month or part thereof, and to insist on fulfilment of the contract, or to withdraw from the contract after setting a grace period of 2 weeks and resell the goods to another customer, in which case the buyer must pay an immediately due handling fee of 10% of the purchase price.
10. protection of minors
10.1 The sale and delivery of wine and spirits can only be made to persons over the age of 18. Garten-Hotel Ochensberger GmbH is authorised to comply with the legal regulations and is prepared to comply with them under physical circumstances. Our regulations state that the collection of alcoholic beverages on site is only to be handed over after legitimisation with an official photo ID. In the event of a justified refusal to hand over, the customer is obliged to compensate for the actual damage incurred (e.g. costs of delivery).
11. EDP PROCESSING AND CUSTOMER DATA
11.1 The buyer agrees that the data about him/her stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data is used to fulfil legal requirements, to process payment transactions and for customer care.
12. OTHER PROVISIONS
12.1 If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.
12.2 The place of fulfilment of this contract is St. Ruprecht an der Raab for both Garten-Hotel Ochensberger GmbH and the buyer.
12.3 The competent court in Weiz shall have exclusive jurisdiction to decide on any disputes that may arise in connection with the contract.
12.4 The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.5 For transactions with consumers within the meaning of the Consumer Protection Act, points apply with the restriction that, under the conditions of Art 5 of the European Convention on the International Sale of Goods, special consumer protection provisions of the law of the country in which the buyer has his habitual residence may take precedence over the chosen Austrian law.
