Note. This is an informative translation of the original terms and conditions in German with no legal value. In case of missing or contradictory regulations, only the original German version shall be binding.
Definitions
| “Proprietor” | means an individual or entity that accommodates guests against remuneration. |
|---|---|
| “Guest” | means an individual that uses accommodation. Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.). |
| “Party” | means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest. |
| “Consumer” and “Entrepreneur” | shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended. |
| “Accommodation Agreement” | means the agreement made between the Proprietor and the Party, the contents of which are specified below. |
Scope
These terms and conditions apply to all guests either staying at or taking advantage of the facilities provided by the campsite — either free or against payment.
Cancellation
In the event of cancellation up to one week before arrival, 80% of the amount paid will be refunded, with a minimum fee of € 4 being retained in every case.
In all other cases: all payments and orders by the Party are non-refundable, even if the Party is prevented from arriving at the campsite on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.).
Self-Service Operation & Registration
Our campsite is a “self-service” place. The guests are obliged to make payments and registrations independently via the website provided.
The legally required registration must be completed using the provided online registration form, along with payment of the local tax, by 7:00 PM.
Arrival and Departure
Arrival on the day of your booking is possible from 2 PM to 10 PM at the latest. On the day of departure the campsite has to be vacated by 11 AM.
In the event of a failure to register and a “no-show” until 7 PM, or a “no-show” with successful registration until 10 PM, the campsite owner reserves the right to cancel the booking without compensation and without refund of any fee, and to dispose of the booked pitch for other purposes.
Permitted Vehicles (Section 77 Upper Austrian Tourism Act)
In accordance with Section 77 of the Upper Austrian Tourism Act, this campsite is only intended for mobile homes or caravans with permanently installed, closed waste water and faecal tanks or cassette toilets. The use of the campsite without waste water or faecal tanks or your own on-board toilet is not permitted.
Fire, Grilling & Smoke
Open fire is not allowed. You are welcome to use gas grills or gas cookers. To avoid excessive smoke, the barbecue area of the campsite may only be operated with (coconut) briquettes made available by the campsite for a fee.
Noise & Quiet
No noise or disturbances of any kind are allowed. Our campsite is characterized by its closeness to nature and special tranquility. Please use headphones to listen to music or watch TV.
Unpaid Fees
If the parking/campsite fee was not paid, a service charge of € 450 is applied.
Video Surveillance
This campsite is surveilled by video.
Power Supply
For the power supply, a voltage tolerance of up to ±10% is provided at the transfer point, in addition to the currently applicable standards. The operator is not liable for damage to electronic components caused by overvoltage or undervoltage.
Substitute Accommodation
The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.
Payment & Liability of the Party
The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.
If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with § 970c ABGB and the legal right of lien in accordance with § 1101 ABGB with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.
The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.
Liability of the Proprietor
The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.
The Proprietor shall be liable for the items brought along by the Party in accordance with §§ 970 ss ABGB. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or deposited in a place assigned by such or intended for such purpose. Unless the Proprietor provides other evidence, the Proprietor shall be liable for its own fault or the fault of its vicarious agents. In accordance with § 970 sec. 1 ABGB, the Proprietor shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 as amended.
If the Party or the Guest fails to immediately comply with the Proprietor's request to deposit their items in a special deposit, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the sum insured under the third-party liability insurance of such Proprietor. Any fault of the Party or Guest shall be taken into account.
The Proprietor may not be held liable for slight negligence. The Proprietor may not be held liable for improper use of the campsite facilities. In the event of prolonged rainfall, the subsoil of unpaved camping spaces can soften, which leads to restricted access and exit to the camping spaces. The operator is not liable for keeping the access and exits to the unpaved parking spaces accessible at all times.
If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.
Valuables, Money & Securities
The Proprietor shall only be liable for valuables, money and securities up to an amount of currently € 550. The Proprietor shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with these provisions shall apply accordingly.
The Proprietor may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.
In each event of deposition, liability shall be excluded if the Party and/or Guest fails to immediately notify the Proprietor of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Party and/or Guest; otherwise, the right shall become extinct.
If the Party is a Consumer, the Proprietor may not be held liable for slight negligence, except for bodily injury.
If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (Vertrauensinteresse).
Animals Brought Along
The Party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.
Animals are to be held on leash at all times outside the caravan or camper.
The Party and/or Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Proprietor upon request.
The Party and/or their insurance company shall be jointly and severally liable towards the Proprietor for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Proprietor to third parties.
Inability to Depart & Force Majeure
If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.
Early Termination by the Proprietor
The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest
- makes significantly adverse use of the camping spaces or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive, loud, or otherwise highly improper conduct, or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
- suffers from a contagious disease or a disease the duration of which exceeds the term of accommodation, or otherwise is in need of care.
If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.
Sickness of a Guest
If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.
As long as the Guest is unable to make decisions or it is not possible to contact the family of the Guest, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
The Proprietor shall particularly be entitled to damages from the Party or the Guest or, in the event of their death, their successors for the following expenses:
- unsettled medical costs, costs for ambulance transports, drugs and medical aids;
- disinfections that have become necessary;
- restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death;
- any other damage incurred by the Proprietor.
Place of Performance, Governing Law & Jurisdiction
The place of performance shall be the place where the accommodating establishment is situated.
These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG and the Rome Convention of 1980) and the UN Sales Convention.
If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.
If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.
If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.
Data protection
All personal data will only be processed and stored on the basis of statutory or legal provisions. No data will be passed on to independent third parties.
The accommodation provider is entitled to notify the guest after his / her stay for the purpose of ascertaining customer satisfaction.
Steyregg, September 19, 2023 · Mountaincamp e.U. · Lachstatt 6, 4221 Steyregg · Register # 573349 k · info@mountaincamp.at · Supervisory body: BH-Urfahr · Member of WKOOE