TERMS AND CONDITIONS

OUR GENERAL TERMS AND CONDITIONS

1. GENERAL
The General Terms and Conditions set out below represent the contractual content on which Lamplhof BetriebsGmbH, as the operator of the Hermitage Vital Resort or Hermitage Vital Hotel, usually concludes accommodation contracts with its guests. Special agreements are permitted, but must be made in writing to be valid.

2. CONTRACTUAL PARTNER
In case of doubt, the contracting party of the accommodation provider shall be the customer, even if the customer
has ordered or co-ordered for other named persons.
Persons making use of the accommodation are guests within the meaning of the
terms of the contract.

3. CONCLUSION OF CONTRACT, DOWN PAYMENT
As a rule, the accommodation contract is concluded upon acceptance of the written or oral
written or verbal order of the customer by the Hermitage Vital Resort or Hermitage Vital Hotel.
or Hermitage Vital Hotel.
The Hermitage Vital Resort or Hermitage Vital Hotel may require advance payment
of the entire agreed fee for bookings with a non-cancelable rate.

4. BEGINNING AND END OF ACCOMMODATION
The guest has the right to move into the agreed rooms from 2 p.m. on the agreed day of arrival.
day of arrival.
If the guest does not arrive by 7 p.m. on the agreed day of arrival, the
Hermitage Vital Resort or Hermitage Vital Hotel is entitled to withdraw from the contract in accordance with point 5 of the
General Terms and Conditions of Contract to withdraw from the contract, unless a later
a later arrival date has been expressly agreed with the management.

If a room is occupied for the first time before 6.00 a.m., the previous night counts
previous night counts as the first overnight stay.
The rented rooms must be vacated by the guest by 11.00 a.m. on the day of departure.
on the day of departure. The Hermitage Apartments must be vacated by 10.00 a.m. at the latest.

5. WITHDRAWAL FROM THE ACCOMMODATION CONTRACT (CANCELLATION)
For the Hermitage Vital Resort or Hermitage Vital Hotel, the following

Cancellation policy:
Cancellation conditions for bookings made directly through the hotel or resort:

In high season up to 14 days before arrival no cancellation fee, thereafter 100% cancellation fee
(28.06.-21.08.2024 | 20.12.-31.12.2024)
In the off-season up to 3 days before arrival no cancellation fee, thereafter 100% cancellation fee.
(29.3.-27.06.2024 | 22.08.-19.12.2024)
For non-cancellable rates, payment of 100% must be made immediately upon completion of the booking and a
and rebooking or cancelation is not possible free of charge.
COMMON PROVISIONS:
The Hermitage Vital Resort or Hermitage Vital Hotel has the right, in the event that
guest does not show up by 7 p.m. on the agreed arrival date, the Hermitage Vital Resort or
unless a later arrival time has been agreed. The
guest/purchaser is in this case obliged to pay the agreed fee in full.
in full. This shall also apply if the guest does not make use of the rooms ordered or the
pension service is not utilized.
It is the responsibility of the Hermitage Vital Resort or Hermitage Vital Hotel to arrange for the
renting the unused rooms to other parties in accordance with the circumstances
circumstances (§1107 ABGB).
The Hermitage Vital Resort or Hermitage Vital Hotel is entitled, without setting a grace period
the accommodation contract without granting a grace period if the contract provides for a down payment
and the guest does not make this down payment on time.
Withdrawal from the accommodation contract by the accommodation provider is only possible if there is an
objective reason.

6. PROVISION OF SUBSTITUTE ACCOMMODATION
The Hermitage Vital Resort or Hermitage Vital Hotel may provide the guest with adequate alternative
alternative accommodation if this is reasonable for the guest, in particular
if the deviation is minor and objectively justified.
An objective justification is given, for example, if already
already accommodated guests extend their stay, or other important operational measures
measures necessitate this step.

7. RIGHTS OF THE GUEST
By concluding the accommodation contract, the guest acquires the right to the
use of the promised rooms and facilities of the Hermitage Vital Resort or Hermitage Vital Hotel
or Hermitage Vital Hotel, which are usually accessible to guests for use without special
and to the usual service.
The guest has the right to occupy the rented rooms from 2 p.m. on the agreed
day of arrival and until 11.00 a.m. in the hotel or 10.00 a.m. in the apartments on the agreed day of
of the agreed day of departure in accordance with paragraph 1.

8. OBLIGATIONS OF THE GUEST
Upon termination of the accommodation contract, the agreed remuneration – or, in the case of a
or the outstanding balance if a down payment has been made.
The Hermitage Vital Resort or Hermitage Vital Hotel is not obliged to accept cashless means of payment
accept non-cash means of payment such as checks, credit cards, vouchers, etc., unless
it is expressly agreed during the booking process that certain cashless means of
cashless means of payment will be accepted.
Before using electrical appliances brought by the guests and which are not
guests and which are not part of the usual travel requirements, the consent of the
Hermitage Vital Resort or Hermitage Vital Hotel must be obtained.
Damage caused by the guest is subject to the provisions of the
compensation law apply. Therefore, the guest is liable for any damage or disadvantage caused by the
Hermitage Vital Resort or Hermitage Vital Hotel or third parties through his or her fault
fault or through the fault of his companions or other persons for whom he is responsible, and
responsible, even if the injured party is entitled to claim compensation directly from the Hermitage Vital Resort or Hermitage Vital Hotel.
directly to the Hermitage Vital Resort or Hermitage Vital Hotel for compensation.
for compensation.
Guests in our Hermitage Apartments must pay a deposit of EUR
300.00 per apartment. For this we require a valid credit card at
CHECK-IN, which allows us to debit the amount in the event of damage, up to 30 days after the guest’s departure.

9. RIGHTS OF THE HERMITAGE VITAL RESORT AND HERMITAGE VITAL HOTEL
If the guest/purchaser refuses to pay the agreed fee or is in arrears with it, the Hermitage Vital Resort
in arrears, the Hermitage Vital Resort or Hermitage Vital Hotel shall have the right to
the Hermitage Vital Resort or the Hermitage Vital Hotel the right to pledge the
expenses for the guest, to retain the items
(§970 c ABGB statutory right of retention).
The Hermitage Vital Resort or Hermitage Vital Hotel may, in order to secure the agreed
the lien on the items brought in by the guest to secure the agreed remuneration
(§1101 ABGB statutory lien of the accommodation provider).

10. OBLIGATIONS OF THE HERMITAGE VITAL RESORT AND HERMITAGE VITAL HOTEL
The Hermitage Vital Resort or Hermitage Vital Hotel is obligated to provide the agreed
services to an extent corresponding to the standard.
Special services will be priced separately by the Hermitage Vital Resort or Hermitage Vital Hotel.
The prices quoted are all inclusive prices.

11. LIABILITY OF THE HERMITAGE VITAL RESORT AND HERMITAGE VITAL HOTEL
The Hermitage Vital Resort or Hermitage Vital Hotel is only liable for damage suffered by
suffered by a guest if the damage occurred in the course of the operation and the
Hermitage Vital Resort or Hermitage Vital Hotel or its employees are at fault.
is at fault. With regard to property damage, liability for damage caused by slight negligence
damage to contractual partners who are not considered consumers within the meaning of § 1
KSchG, also for damage caused by gross negligence – with the exception of gross negligence
damage caused by gross negligence. Liability for items brought in: The hotel is liable for items
items brought in by the guests, the Hermitage Vital Resort or Hermitage Vital Hotel is only liable
Hotel shall only be liable if the damage was caused by it or its employees or by
caused by third parties entering and leaving the hotel, unless
these persons force their way in.
For valuables that, contrary to the instructions of the Hermitage Vital Resort or
Hermitage Vital Resort or Hermitage Vital Hotel in the place designated for depositing them
any liability is excluded.
In the event of force majeure, liability on the part of the Hermitage Vital Resort or Hermitage
Vital Hotels is excluded.
The Hermitage Vital Resort or Hermitage Vital Hotel is liable for valuables, money or securities
Hermitage Vital Hotel is only liable for valuables, money or securities up to the amount of (currently) 550 euros, unless
it has accepted these items for safekeeping with knowledge of their true value, or
that the damage was caused by the Hermitage Vital Resort or Hermitage Vital Hotel or its
employees was at fault.
The safekeeping of valuables and objects of value may be refused,
items that are significantly more valuable than those that guests of the establishment in question
guests of the establishment in question usually leave in safekeeping.
Items are deemed to have been brought in if they were brought in by a person employed by the Hermitage Vital
Vital Resort or Hermitage Vital Hotel or brought to a designated place assigned by the latter.
place designated for this purpose. (In particular §§ 970 ff
ABGB)

12. KEEPING ANIMALS
Animals are not allowed in our apartment complex & Hermitage Beaches.
Exceptions are partner dogs, guide dogs for the blind and therapy dogs
or other dogs by prior arrangement. In any case, the guest is obliged to keep his animal
to keep and supervise their animal in such a way that no harm can be caused to other persons.
A fee must be paid.
Dogs are allowed in the Hermitage Vital Hotel, a fee must be paid.
The guest is liable for any damage caused by animals brought along in accordance with the
the statutory provisions applicable to the pet owner (§1320 ABGB).

13. EXTENSION OF THE ACCOMMODATION
An extension of the stay by the guest requires the consent of the
Hermitage Vital Resort or Hermitage Vital Hotel. There is no legal entitlement to an extension
does not exist

14. TERMINATION OF THE ACCOMMODATION
If the accommodation contract has been agreed for a specific period of time, it shall end with the
expiry of the period. If the guest departs prematurely, the Hermitage Vital Resort or Hermitage Vital Hotel is
Vital Hotel is entitled to demand the full agreed remuneration. The Hermitage Vital
Resort or Hermitage Vital Hotel shall, however, be responsible for arranging for other rental
the unused rooms in accordance with the circumstances.
If the guest does not vacate his/her room by 11.00 a.m. in the hotel & 10.00 a.m. in the apartments on the
agreed departure day, the Hermitage Vital Resort or Hermitage Vital Hotel is entitled to charge the room
is entitled to charge the room rate for an additional day. Any further
claims for damages in accordance with the statutory provisions remain unaffected.
The Hermitage Vital Resort or Hermitage Vital Hotel is entitled to terminate the accommodation contract with immediate effect if the guest
makes significant detrimental use of the premises of the Hermitage Vital Resort
or if the guest makes significant detrimental use of the
unlawful or otherwise grossly inappropriate behavior, the other guests or the employees
the other guests or employees,
fails to pay the bill presented to him/her within a reasonable period of time after being requested to do so
not paid within a reasonable period of time.
In the event of justified termination of the accommodation contract in accordance with
of point 14 paragraph 3, the guest is obliged to pay Hermitage Vital Hotel for the damage incurred by the latter as a result of the premature termination.
compensation. However, the Hermitage Vital Resort or Hermitage Vital Hotel will endeavor to find another
rent the rooms no longer used to other parties, depending on the circumstances.
circumstances.
If fulfillment of the contract is rendered impossible by an event that is considered a force majeure
impossible, the contract will be terminated. The Hermitage Vital Resort or Hermitage
Vital Hotel, however, is obliged to return the remuneration already received on a pro rata
so that it cannot derive any profit from the event. (§1447 ABGB)

15. AGREEMENT ON JURISDICTION AND APPLICABLE LAW
For all disputes arising from a contract concluded between the Hermitage Vital Resort or Hermitage
Vital Hotel and the guest and/or the customer shall be subject to the jurisdiction of the
the jurisdiction of the competent court in Klagenfurt shall be deemed to have been agreed.
in relation to consumers within the meaning of the KSchG as amended, however, only if the domicile,
habitual residence or place of employment of the consumer is in Klagenfurt.
The accommodation contract is subject to Austrian law. The application of
conflict of laws is excluded.

16. CONSENT TO CREDIT CARD DEBITS FOR BOOKINGS MADE BY CREDIT CARD
When booking by credit card, the cardholder expressly consents to the
that the fee for the booked overnight stay will be charged in the event of a no-show by the
guest does not show up without canceling in good time, or in the event of a timely cancellation, a
cancellation fee may be debited from the credit card.
The cardholder expressly agrees that in the event that, after the guest’s departure
the guest’s departure, claims are established against the guest which are shown on the
not yet taken into account in the debit voucher issued on the basis of the invoice, the Hermitage Vital
Resort or Hermitage Vital Hotel will settle these claims by means of a debit voucher
directly from the credit card within 30 days of the guest’s departure.
credit card.

17. DATA PROCESSING
The data of the customer/guest will be stored by the Hermitage Vital Resort or Hermitage
Vital Hotel.
The purpose of the data processing is to process the inquiries of the
guest and the processing of the accommodation contract concluded with the customer/guest.
accommodation contract concluded with the customer/guest.
The customer/guest consents to the disclosure of the data disclosed by the customer/guest
with the customer/guest for the aforementioned purposes to the Hermitage Vital Resort.
purposes to the Hermitage Vital Resort or Hermitage Vital Hotel.
The data collected will be processed exclusively for the purposes communicated
and treated confidentially in accordance with data protection regulations.