§ 1 Scope of Application
1.2 These General Terms and Conditions (GTC) do not exclude special agreements. The GTC shall apply subsidiarily to individually agreed terms.
§ 2 Definitions
“Accommodation Provider”
Is a natural or legal person who accommodates guests for a fee and/or rents out premises for events and provides related services.
“Guest”
Is a natural person who uses accommodation. The guest is generally also the contracting party. Persons arriving with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Contracting Party”
Is a natural person who uses accommodation. The guest is generally also the contracting party. Persons arriving with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Consumer” and “Entrepreneur”
The terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended.
“Accommodation Agreement”
Is the contract concluded between the accommodation provider and the contracting party, primarily concerning the rental of hotel rooms, with its contents regulated in detail below. The accommodation agreement may also simultaneously be an event agreement.
“Organizer”
Is a natural or legal person, domestic or foreign, who holds an event on the premises of mesonic.
“Event”
Is any contractual occasion held on the grounds of Schlosspark Mauerbach (e.g. conferences, banquets, celebrations, balls, seminars, etc.).
“Event Agreement”
Is the contract concluded between the accommodation provider and the contracting party, primarily concerning the rental of event premises and the provision of related services, with its contents regulated in detail below. The event agreement may also simultaneously be an accommodation agreement.
“Events/Supporting Programs”
Are activities carried out by the accommodation provider, the organizer, or third parties who may be commissioned by either, on the premises, grounds, or in connection with an accommodation or event agreement.
§ 3 Conclusion of Contract – Advance Payment
3.1 The accommodation agreement / event agreement is concluded through the acceptance of the booking by the accommodation provider. Electronic declarations are deemed received when they can be retrieved by the party for whom they are intended under normal circumstances, and if receipt occurs during the published business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation agreement / event agreement under the condition that the contracting party pays an advance. In this case, the accommodation provider must inform the contracting party about the required advance before accepting the verbal or written booking. If the contracting party agrees to the advance payment (in writing or verbally), the accommodation agreement / event agreement is concluded upon receipt of the declaration of consent by the accommodation provider.
3.3 The contracting party is obligated to pay the advance immediately upon invoicing, but no later than within 7 days (received). The costs of the financial transaction (e.g. transfer fees) are borne by the contracting party. For credit and debit cards, the respective terms of the card providers apply.
3.4 The advance payment is a partial payment of the agreed total fee.
3.5 Offers are valid for a maximum of 14 calendar days unless otherwise agreed.
3.6 All indicated and agreed prices are subject to value adjustment. The application of the indexation clause is the sole right of the accommodation provider and may only be applied if fluctuations exceed 5%. The monthly Consumer Price Index 2005 (CPI 2005 = 100) published by Statistik Austria, or any index replacing it, serves as the basis. The index value for the month in which the contract is concluded is the reference value. All change rates are to be calculated to one decimal place.
§ 4 Start and End of Accommodation / Event
4.1 Unless the accommodation provider offers a different check-in time, the rooms rented under the accommodation agreement may be occupied from 3:00 p.m. on the agreed day of arrival (“arrival day”).
4.2 If a room is first occupied before 6:00 a.m., the previous night counts as the first overnight stay.
4.3 Rooms rented under the accommodation agreement must be vacated by the contracting party by 11:00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rooms are not vacated on time.
4.4 Unless other access times are agreed, rooms rented under an event agreement are available from 9:00 a.m. to 5:00 p.m. for full-day events, from 9:00 a.m. to 1:00 p.m. for morning half-day events, and from 1:00 p.m. to 5:00 p.m. for afternoon half-day events.
§ 5 Withdrawal from the Accommodation / Event Agreement – Cancellation Fees
Withdrawal by the Accommodation Provider
5.1 If the accommodation/event agreement provides for an advance payment and the contracting party fails to make the payment on time, the accommodation provider may withdraw from the agreement without granting a grace period.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival date, the accommodation provider is not obligated to provide accommodation unless a later arrival time has been agreed upon.
5.3 If the guest does not arrive within 30 minutes of the scheduled start time of the event, the accommodation provider is released from all obligations under the event agreement.
5.4 The accommodation/event agreement may be unilaterally terminated by the accommodation provider no later than 3 months before the agreed arrival date, for objectively justified reasons, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
(Additional provisions for events/weddings under § 17)
5.5 The accommodation/event agreement may be cancelled by the contracting party by unilateral declaration without payment of a cancellation fee, provided that notice is given no later than 3 months prior to the agreed arrival date.
5.6 Outside the period defined in § 5.5, cancellation by unilateral declaration is only possible upon payment of the following cancellation fees:
- Up to 1 month before the arrival date: 40% of the total package price
- Up to 1 week before the arrival date: 70% of the total package price
- In the last week before the arrival date: 90% of the total package price
- In case of no-show on the arrival date: 100% of the total package price
Up to 3 months – no cancellation fee
3 months to 1 month – 40%
1 month to 1 week – 70%
In the last week – 90%
No-show – 100%
Travel Disruptions
5.7 If the contracting party is unable to arrive due to unforeseeable extraordinary events (e.g. extreme snowfall, flooding, etc.) making all travel impossible, the contracting party is not obliged to pay for the days of non-arrival, provided that the accommodation provider is informed immediately.
5.8 The obligation to pay for the booked stay resumes once arrival becomes possible again, provided this occurs within three days.
Special Provisions for Events
5.9 If guests book accommodation agreements in connection with an event organized by an organizer, cancellation of the event does not entitle the guests to cancel their individual accommodation agreements. The provisions of § 5.5 and § 5.6 apply.
§ 6 Provision of Alternative Accommodation
6.1 The accommodation provider may offer the contracting party or their guests alternative accommodation of equal quality, provided it is reasonable and the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the booked room(s) become unusable, existing guests extend their stay, there is an overbooking, or important operational measures make this necessary.
6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
§ 7 Rights of the Contracting Party
7.1 By concluding the accommodation/event agreement, the contracting party acquires the right to the usual use of the rented rooms, as well as access to the facilities of the accommodation business that are normally accessible to guests without special conditions, and the right to customary service. These rights must be exercised in accordance with any hotel and/or guest regulations (house rules). If certain facilities (e.g. elevator, underground garage, sauna, fitness area, etc.) are not available due to technical reasons, the contracting party is not entitled to a reduction in payment.
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed amount, including any additional charges for services used by them or their accompanying guests, plus statutory VAT, no later than at the time of departure or the end of the event, unless a later payment date has been agreed in writing. In case of late payment, the accommodation provider is entitled to charge interest of 14% p.a. as well as all reminder and collection costs. The right to claim higher damages remains unaffected.
8.2 The accommodation provider is not obliged to accept foreign currencies. If foreign currencies are accepted, they will be credited at the current daily exchange rate if possible. If foreign currencies or non-cash payment methods are accepted, all associated costs (e.g. inquiries to credit card companies) shall be borne by the contracting party.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by them, their guests, or any third parties who, with the knowledge or intent of the contracting party, use the services of the accommodation provider.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed amount or is in arrears, the accommodation provider is entitled to exercise the statutory right of retention pursuant to § 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to § 1101 ABGB on items brought by the contracting party or their guests. This right also secures claims under the accommodation/event agreement, including catering, other expenses incurred on behalf of the contracting party, and any compensation claims.
9.2 If room service is requested in the contracting party’s room or at unusual hours (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee, which must be displayed on the room rate board. The accommodation provider may refuse such services for operational reasons.
9.3 The accommodation provider is entitled to issue invoices or interim bills at any time.
§ 10 Duties of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to a standard appropriate to the category of the establishment.
10.2 Special services provided by the accommodation provider that are not included in the accommodation fee must be clearly indicated. Examples include:
- a) Special accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, parking garage, etc.;
- b) A reduced fee will be charged for the provision of additional or children's beds.
§ 11 Liability of the Accommodation Provider for Property Brought In
11.1 The accommodation provider is liable pursuant to §§ 970 ff of the Austrian Civil Code (ABGB) for items brought in by the contracting party. This liability only applies if the items have been handed over to the accommodation provider or their authorized personnel, or have been brought to a location designated or approved for this purpose. Unless the accommodation provider proves otherwise, they are liable for their own fault or that of their personnel or people entering and exiting the premises. Liability is limited according to § 970 para. 1 ABGB to the maximum amount set by the Austrian Innkeepers’ Liability Act of 16 November 1921, as amended. If the contracting party or guest fails to immediately follow the accommodation provider's request to store items in a designated location, the accommodation provider is released from all liability. Any liability is limited to the amount covered by the provider’s liability insurance. Fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider is not liable for slight negligence. If the contracting party is a business customer, liability is also excluded for gross negligence. In such cases, the burden of proof lies with the contracting party. Consequential or indirect damages and loss of profit will not be compensated under any circumstances.
11.3 The accommodation provider is liable for valuables, money, and securities only up to the current amount of €550. Any liability for greater amounts only applies if the provider has accepted such items for safekeeping with knowledge of their nature, or if the damage was caused by the provider or their personnel. The limitations in §§ 11.1 and 11.2 apply accordingly.
11.4 The provider may refuse to accept valuables, money, and securities for safekeeping if they are significantly more valuable than items usually entrusted by guests at the establishment.
11.5 In all cases of accepted safekeeping, the provider is released from liability if the contracting party or guest fails to report the damage immediately after becoming aware of it. In addition, any claims must be asserted in court within three years of knowledge or potential knowledge of the damage; otherwise, the right expires.
11.6 Wake-up calls and key cards are handled with the utmost care by the provider. However, claims for damages are excluded.
11.7 Use of the outdoor area is at the guest’s or contracting party’s own risk.
11.8 The accommodation provider assumes no liability for vehicles of any kind parked or stored on the premises (e.g. garage, outdoor parking, basement, etc.).
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodation provider's liability for slight negligence is excluded, except in the case of personal injury.
12.2 If the contracting party is a business, liability for both slight and gross negligence is excluded. In this case, the burden of proof lies with the contracting party. Consequential, non-material, or indirect damages, as well as loss of profit, will not be compensated. Any claim for damages is limited to the amount of the contractual reliance interest.
§ 13 Pets
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly against payment of a surcharge.
13.2 The contracting party who brings an animal is obliged to supervise it properly during the stay or to arrange for it to be supervised at their own expense by a suitable third party.
13.3 The contracting party or guest who brings an animal must have liability insurance for pets or private liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request of the accommodation provider.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for any damage caused by animals. This includes, in particular, compensation that the accommodation provider must pay to third parties.
13.5 Animals are not permitted in lounges, common areas, dining rooms, or wellness areas.
§ 14 Extension of the Stay
14.1 The contracting party has no entitlement to extend their stay. If the contracting party expresses a wish to extend the stay in a timely manner, the accommodation provider may agree to an extension. However, there is no obligation to do so.
14.2 If the contracting party cannot leave the establishment on the scheduled departure date due to unforeseeable and extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) that prevent all means of departure, the accommodation/event contract shall automatically be extended for the duration of the travel obstruction. A reduction in the accommodation fee for this period is only possible if the contracting party is unable to make full use of the services offered due to these weather-related conditions. The provider is entitled to charge at least the off-season rate for this period.
§ 15 Termination of the Accommodation / Event Contract – Premature Dissolution
15.1 If the accommodation/event contract was concluded for a fixed term, it ends upon expiry of the agreed period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to charge the full agreed fee. The provider will deduct any expenses saved due to non-utilisation of services or any income obtained by renting the room to another guest. A saving is only deemed to exist if the accommodation provider is fully booked at the time of the cancellation and the cancelled room could be re-rented to other guests. The burden of proof for any savings lies with the contracting party.
15.3 In the event of a guest’s death, the accommodation contract with the provider terminates.
15.4 If the accommodation/event contract was concluded for an indefinite period, either party may terminate the agreement by giving notice no later than 10:00 a.m. on the third day before the intended termination date.
15.5 The provider is entitled to terminate the accommodation/event contract with immediate effect for good cause, particularly if the contracting party or guest:
a) makes significantly improper use of the premises or behaves in a grossly improper, offensive, or inconsiderate manner that disrupts the stay of other guests, the owner, staff, or third parties residing on the premises, or if the guest commits a criminal act against property, morality, or physical safety;
b) contracts a contagious illness or a condition that extends beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay invoices when due within a reasonable grace period (3 days).
15.6 If the fulfilment of the contract becomes impossible due to force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the provider may terminate the accommodation/event contract at any time without notice, unless the contract is already deemed dissolved by law or the provider is exempted from their accommodation obligation. Any claims by the contracting party for compensation are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest becomes ill during their stay, the provider will arrange medical care upon the guest's request. In urgent cases, the provider will arrange medical attention without specific request, especially if necessary and the guest is unable to act on their own.
16.2 As long as the guest is unable to make decisions and the guest’s relatives cannot be contacted, the provider will arrange for medical treatment at the guest's expense. This obligation ends as soon as the guest is capable of making decisions or relatives have been notified.
16.3 The provider is entitled to reimbursement from the contracting party and/or guest or, in the case of death, from their legal successors, particularly for the following:
- a) outstanding medical costs, ambulance fees, medication and medical aids;
- b) required room disinfection;
- c) linen, bedding, and furnishings rendered unusable, or alternatively, the cost of cleaning or disinfection;
- d) restoration of walls, furniture, carpets, etc., that were soiled or damaged due to illness or death;
- e) room charges for the period of occupancy, plus any days the room is unusable due to cleaning or clearing;
- f) any other damages incurred by the provider.
§ 17 Special Provisions for Organisers / Event Contracts
The provisions of § 17 apply in addition to organisers and event contracts. If an accommodation contract is also concluded as part of the event contract, it is subject to the same legal conditions as the event contract.
17.1 Organiser Liability
The organiser must comply with all legal, regulatory, and official requirements—especially trade, fire safety, copyright, and event law. The organiser is responsible for obtaining all necessary permits at their own expense and fulfilling all related conditions. The organiser shall fully indemnify and hold the provider harmless.
The organiser must observe §§ 112 and 113 of the Trade Regulation Act in connection with the Lower Austrian Curfew Regulation 1995 LGBl. 7000/1. During night hours (from 10 p.m.), a maximum noise level of 90 dB is permitted indoors.
The organiser is strictly liable to the provider for all property or personal damages or other disadvantages resulting from breaches of the contract caused by the organiser, their staff, subcontractors, guests, or other attendees present at the event.
Use of outdoor areas (e.g. park) by the organiser and attendees is at their own risk. The organiser is also liable for all damages to attendees resulting from event-specific activities (e.g. outdoor training, cycling tours, etc.). The provider is indemnified from any liability in this regard.
The provider may require the contracting party to provide suitable security (e.g. insurance, deposits, guarantees, security personnel) to cover potential damages.
17.2 Cancellation by the Contracting Party – Down Payment and Cancellation Fee
The provisions of § 5 apply. In addition, for events/weddings:
- Deposit:
Upon signing the reservation confirmation, a deposit of 20% of the base calculation (see below) becomes due. An additional 30% becomes due 3 months before the event date. - Base Calculation for Deposit: Banquet package per person.
If the contracting party cancels and the services are not yet fully defined, the assumptions above shall be used as a basis for calculating cancellation fees.
17.3 Cancellation by the Provider
The provider is entitled to cancel the event contract immediately and in writing for good cause, especially if:
- the event was booked using false or misleading information (e.g. organiser identity, event purpose);
- the provider has reason to believe the event might endanger the business operation, safety, or reputation of the provider, without this being attributable to the provider;
- subleasing or transfer without written consent occurs;
- the provider learns that the organiser’s financial situation has significantly deteriorated after contract signing or outstanding debts have not been paid;
- insolvency proceedings have been opened or dismissed due to lack of assets.
17.4 Change in Number of Participants
The contracting party must inform the provider of the expected number of participants at the time of booking. The final number must be submitted in writing at least 14 days before the event. Changes exceeding 5% require approval.
In case of an increase, the actual number of participants will be charged. In case of a reduction exceeding 5%, the provider may charge based on the originally agreed number minus 5%.
If the reduction exceeds 10%, the provider may raise prices accordingly or change the reserved rooms, unless this is unreasonable for the organiser.
No-show participants on the event day will be charged in full.
If event start or end times shift without written consent, the provider may charge additional costs (e.g. staff, transport after 11 p.m.) unless the provider is responsible. The provider may also limit the event to the originally agreed times.
17.5 Food and Beverages
The contracting party (or participants) may only bring food or drinks with the provider’s written consent. A service charge may apply. The provider assumes no liability for quality or storage of brought-in items.
If the provider supplies food/beverages, substitutions of equal value may be made due to seasonal availability.
17.6 Event Execution
If the provider procures technical or other equipment from third parties on behalf of the organiser, they act in the name and on behalf of the organiser, who is liable for proper use and return. The organiser indemnifies the provider from third-party claims.
The organiser’s own electrical equipment may only be used with written approval. The provider strives to quickly fix issues with equipment provided but is not liable for failures in technical systems or infrastructure. Compensation is excluded.
17.7 Brought-In Items
Exhibition or personal items are stored at the organiser’s risk. The provider accepts no liability for loss or damage. Statutory liability under § 11 remains unaffected.
Decorations must meet fire safety regulations. Proof may be requested. Setup must be coordinated with the provider.
Items must be removed immediately after the event. If not, the provider may remove or store them at the organiser’s expense.
Further damage claims remain unaffected. The same applies to packaging material.
All other provisions of the accommodation contract apply accordingly.
§ 18 Events / Supporting Programmes
18.1 Events / Supporting Programmes
By registering for the event / supporting programme, the contracting party expressly waives any claims for damages against the accommodation provider and any physical and/or legal persons commissioned to carry out the event. The contracting party participates in events / supporting programmes at their own risk. If the contracting party causes damage to the property of the provider or to items made available by third parties on behalf of the provider, they shall be fully liable to the provider, or at least to the extent of the deductible, if the damage is covered by insurance. In any case, the contracting party is liable for personal injuries.
The contracting party acknowledges that participation in events / supporting programmes is prohibited under the influence of drugs (alcohol, narcotics, strong medication) or in any other condition that may impair responsiveness.
If an event / supporting programme is conducted as an ancillary service to an event contract, the organiser is responsible for ensuring that the participants are demonstrably informed of the provisions of §§ 17.1 and 18.1 of these GTCs and that these provisions are unconditionally accepted by the participants.
18.2 Special provisions for treatments aimed at well-being and preventive health care
Treatments aimed at well-being and preventive health care are carried out exclusively by appropriately trained individuals.
Treatments that serve solely for well-being and preventive health care are not considered medical services and are therefore not covered or subsidised by health insurance providers. Only healthy contracting parties will be treated.
If acute illnesses, pre-existing damage to the musculoskeletal system, cardiovascular diseases, pregnancy or other medically indicated reasons exist that exclude treatment, the contracting party is excluded from receiving treatment (except if a treating physician issues a certificate of no medical objection). Every contracting party is informed of this before the treatment.
If, despite professional treatment, subsequent damage occurs due to the contracting party concealing exclusion criteria, the provider is released from all liability. The same applies if damage results from an exclusion criterion that is unknown to the contracting party and not recognisable to the provider. Before each treatment, the provider informs the customer about this exclusion of liability.
The other provisions of the accommodation contracts apply accordingly.
§ 19 Place of Performance, Jurisdiction, and Applicable Law
19.1 The place of performance is the location of the accommodation establishment.
19.2 This contract is governed by Austrian formal and substantive law, to the exclusion of the rules of international private law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.
19.3 The place of jurisdiction shall be Vienna.
§ 20 Miscellaneous
20.1 Unless otherwise stipulated in the above provisions, a time limit begins with the delivery of the document ordering the time limit to the contracting party that is subject to the deadline. When calculating a time limit defined in days, the day on which the event triggering the time limit occurs is not counted. Deadlines defined in weeks or months refer to the day of the week or the date of the month that corresponds to the starting date. If such a day does not exist in the target month, the last day of that month shall apply.
20.2 Declarations must be received by the other contracting party by 24:00 on the last day of the deadline.
20.3 The accommodation provider is entitled to offset claims against the contracting party with its own claims. The contracting party is not entitled to offset claims unless the provider is insolvent or the claim of the contracting party has been legally established or recognised by the provider.
20.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.
20.5 For all disputes arising from the contract, the competent court in Vienna is agreed.
20.6 Austrian law shall apply.