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General Terms and Conditions

of the AVITA Resort GmbH & CO KG

The General Terms and Conditions of AVITA Resort GmbH & CO KG, hereinafter referred to as ‘AVITA’, apply to all contracts and other business relationships entered into on behalf of AVITA. The spa and sauna regulations also apply in the spa and sauna areas. AVITA is, however, entitled to enter into separate agreements that deviate from these General Terms and Conditions; such agreements shall then take precedence over any conflicting provisions in these General Terms and Conditions.

 

In addition to the person on whose behalf a booking was made, the person making the booking shall also be liable for all claims made by AVITA. Persons making use of the accommodation, as well as visitors to the restaurants, shops, bars and events, and visitors to the thermal baths, sauna area, fitness centre, etc., are guests within the meaning of these terms and conditions.

Unless expressly agreed otherwise, the accommodation contract is concluded upon AVITA’s acceptance of the guest’s written or verbal booking. AVITA is entitled to require its contracting party to pay a deposit amounting to 30 per cent of the agreed fee and, in the event of a separate agreement or where there are valid grounds, to require advance payment of the entire agreed fee. We recommend taking out travel cancellation insurance: https://www.europaeische.at

 

The guest is entitled to check into the rented accommodation from 2.00 pm on the agreed day. The guest must vacate the rented accommodation by 11.00 am on the day of departure. AVITA reserves the right to reallocate the room(s) to another guest should the guest fail to arrive by 6.00 pm on the agreed day of arrival, unless a later arrival time has been agreed. If the guest has paid a deposit in accordance with clause 3, the room(s) shall remain reserved until 11.00 am the following day. If a room is first occupied before 6.00 am, the preceding night shall count as the first night’s stay.

 

Withdrawals or cancellations of bookings must be made in writing. Up to 5 days before the guest’s agreed arrival date, the accommodation contract may be terminated by either party by means of a unilateral written notice, without incurring a cancellation fee or any other consequences; this written notice must be received by the other party no later than 5 days before the agreed arrival date. If the reservation is cancelled or the guest declares their intention to withdraw from the contract after this deadline, or if the guest fails to arrive at the hotel without any other agreement or prior notice, 90 per cent of the agreed amount shall be payable. For the purposes of meeting the deadlines set out above, the date on which the written notice is received by the other party shall always apply.

 

AVITA is entitled to provide the guest with suitable alternative accommodation if this is necessary or objectively justified. Such justification exists in particular where the room(s) have become unusable, where guests already staying at the property are extending their stay, or where other important operational measures necessitate this step, or where overbooking has occurred for whatever reason. Any additional costs incurred for the alternative accommodation shall be borne by AVITA. If the guest is offered accommodation of an equivalent standard or of a higher category, they are obliged to pay the agreed fee and may not assert any claims of any kind on the grounds that the originally agreed accommodation was not available to them. If AVITA is prevented from fulfilling its obligations due to force majeure or a strike, the guest may not assert any claims whatsoever against AVITA in this regard. However, AVITA is obliged to endeavour to arrange for equivalent services to be provided by other means. In the event of any disruption to services, the guest is obliged to do everything that can reasonably be expected of them to help resolve the disruption and to minimise any resulting damage as far as possible. The guest is obliged to report any complaints to the hotel management without delay. If the guest fails to fulfil these obligations, they shall not be entitled to any claims whatsoever arising from any disruption to services.

By entering into an accommodation contract, the guest acquires the right to the normal use of the rented rooms and the facilities of the accommodation establishment which are normally available to guests for use without any special conditions, as well as to the usual level of service.

The agreed payment must be made no later than upon termination of the accommodation contract. Guests must check their change immediately; subsequent complaints will not be accepted. The accommodation provider’s consent must be obtained before using any electrical appliances brought by guests which do not form part of their usual travel requirements. AVITA’s contracting party shall be jointly and severally liable with any person causing damage to AVITA or other guests of AVITA for any damage caused, if such person was brought to or accompanied by AVITA’s contracting party to the hotel. Any use of the rooms provided to the guest that deviates from the agreement entitles the hotel to terminate the contractual relationship with immediate effect, without this affecting the entitlement to the agreed fee.

 

If the guest refuses to pay the agreed fee, or is in arrears with this fee or with a payment in accordance with clause 3, AVITA shall be entitled to retain the guests’ personal effects as security for its claims arising from accommodation and catering, as well as for any expenses incurred on the guests’ behalf.

The accommodation provider is obliged to provide the agreed services to the standard required. Where the accommodation provider is willing to provide the service, the guest shall have no right to compensation if they do not take the agreed meals within the usual times and in the premises designated for that purpose.

Day visitors may only reserve sun loungers in conjunction with the purchase of a day ticket, and no more than 14 days in advance. No refund will be given if the services booked are not used. Cabanas and jetties can be booked online in the same way. The rules set out above also apply in this regard.

The accommodation provider shall be liable for any damage suffered by a guest if the damage occurred in the course of the business and the accommodation provider or its vicarious agents are at fault. With regard to liability for items brought onto the premises, Sections 970 et seq. of the Austrian Civil Code (ABGB) apply. Any liability beyond this is excluded. Express reference is made to the limitation of liability under Section 970a of the ABGB. Valuables must be deposited in the room safe. Consequently, no liability is accepted under Sections 970 et seq. of the ABGB for valuables that have not been properly deposited. Liability for valuables worth more than EUR 1,100.00 is accepted only if they are expressly accepted for safekeeping by the accommodation provider, although the accommodation provider may also refuse to accept such items for safekeeping.

 

Any extension of the guest’s stay requires the accommodation provider’s express consent.

If the accommodation contract has been concluded for a fixed term, it shall end upon the expiry of that term. If the guest departs early, the accommodation provider is entitled to demand the full agreed payment for the originally agreed duration. If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract at any time by giving three days’ notice. Notice of termination must reach the other party by 10.00 am; otherwise, that day shall not be counted as the first day of the notice period, but only the following day. If the guest has not vacated their room by 11.00 am, the accommodation provider is entitled to charge the room rate for a further day. The accommodation provider is entitled to terminate the accommodation contract with immediate effect if there are compelling reasons, in particular those set out in Section 1118 of the Austrian Civil Code (ABGB).

Book treatments

To ensure you secure your preferred treatment, we recommend that you make your booking at our spa reception before you arrive. You will receive your appointment confirmation upon arrival at our hotel.

Health

To ensure your spa treatments are tailored perfectly to your needs, please let us know about any health issues when you book your appointment. We’d be happy to advise you personally on special treatments for expectant mothers.

Taking time for yourself

To enable your therapist to prepare specifically for your treatment and to ensure you can enjoy your full treatment time, we ask that you report to our spa reception approximately 10 minutes before your treatment begins. Out of respect for the guests following you, we ask for your understanding that arriving late will shorten the duration of your treatment.

Clothing

Please come to your treatment wearing a bathrobe. To protect your privacy, we provide a disposable slip with every treatment and use various covering techniques.

Fulfilling your wishes

As part of your treatment, we aim to cater to your individual wishes. We will therefore ask you before the treatment what is particularly important to you. Expert advice is an integral part of the treatment and is very important to us.

Cancellation

If you are unable to attend a treatment appointment, we ask that you cancel at least 24 hours in advance so that other guests may also enjoy a treatment. If you cancel at a later stage, we will have to charge the full price.

Each service voucher has a specified value. This value can be redeemed in all areas of the resort. In the event of a price increase, a corresponding top-up payment will be required for the service voucher. Except for hotel vouchers (dynamic pricing), the purchase value is valid for one year. Payment can be made either in CASH, by DEBIT CARD, by VISA or by MASTERCARD.

Guests may only bring pets with them with the prior consent of the hotel management and subject to a surcharge. Assistance dogs are only permitted in the spa area following prior notification and a confirmed advance booking.

Guests are solely responsible for their participation in sporting and other holiday activities. Guests are required to check sports facilities, equipment and vehicles before use in all cases. AVITA shall only be liable for accidents occurring during sporting events and other holiday activities in the event of negligence on the part of AVITA. Guests are advised to take out sports insurance.

The hotel will carry out wake-up calls with the utmost care. However, claims for damages arising from any incorrect or omitted fulfilment are excluded.

Information of any kind is provided to the best of our knowledge, but is given without guarantee. Lost property (items left behind) will only be forwarded on request, subject to reimbursement of costs. The hotel undertakes to store such items for 2 months. After this period, these items will be disposed of.

 Messages, post and parcels are handled with care on behalf of guests. The hotel will store, deliver and, upon request, forward such items. However, the hotel accepts no liability for loss, delay or damage.

In the event of the free transport of passengers and luggage, AVITA’s liability for personal injury and damage to property is limited to the statutory motor vehicle insurance. Liability for loss and delays is entirely excluded.

Local taxi fares are not included in the hotel, package deal or holiday flat rates. We reserve the right to correct any errors, including typographical and calculation errors.

Verbal agreements shall only become effective once they have been confirmed in writing by the hotelier.

Any discounts and concessions for students are listed at www.avita.at and are only available on presentation of a valid student ID card and only until the age of 26.

The WellCard can only be redeemed for spa admissions and hotel stays. It cannot be used for food and drink, top-ups to the BonusCard or fitness centre membership fees. It cannot be used for discounted offers – however, standard packages are accepted. Not valid during the autumn half-term, Christmas holidays and on New Year’s Eve, nor for group bookings (e.g. seminars, weddings, coach trips).

Webhotels and Thermenwelt vouchers can be redeemed for admission and hotel stays, but not for topping up the Bonuscard, not for the fitness centre membership fee, and not for food and drink.

A balance on the Bonuscard can be paid in CASH, by DEBIT CARD, by VISA, by MASTERCARD or using in-house vouchers, known as “AVITA vouchers”. The Bonuscard is personalised, meaning that the benefits and services offered by the Bonuscard can only be claimed by the person in whose name the Bonuscard is issued. It is not possible to withdraw the credit balance as cash. Only in the case of a so-called “partner card” can the benefits and discounts be used jointly with another person.

The Bonuscard can only be topped up with amounts of EUR 100.00 or more.

The swimming and sauna areas close half an hour before the announced closing time of the spa, to ensure that guests are already outside the turnstiles by the time the spa closes.

Fitness centre membership cannot be paid for using credit on the Bonuscard, nor can third-party vouchers be used for this purpose. Payment can be made either in CASH, by DEBIT CARD, by VISA, by MASTERCARD or using AVITA vouchers. The one-hour session in the sauna must be used without interruption.

Only one discount may be claimed per service. Double discounts are not permitted. All discounts and special offers are independent of one another and must be claimed by guests before payment. Subsequent claims are not permitted.

Access to the AEX area (the hotel’s own spa and sauna area), the ‘Garten Eden’ sauna, the massage pool and the Deluxe Deck is permitted only for children aged 13 and over; however, exceptions to this access restriction may be made under certain conditions.

For any disputes arising from this contract and its performance, the jurisdiction of the court at the place of business is agreed, to the extent permitted by law.

Cookies

When you visit our website, a persistent cookie (a small text file) is created and stored on your computer’s hard drive. This cookie enables us to recognise you the next time you visit our website, so that we can make your search easier and tailor it to your individual needs (automatic recognition, list of your favourite hotels, etc.).

 Analysis

We use an analytics tool to collect data and monitor how our visitors use the site. When you use our site, we create cookies to collect and store non-personally identifiable information about your browsing activity on our site. This tool enables us to make your visit to our site more enjoyable and to improve the user-friendliness of the site. It is never used to collect personal information. Most web browsers accept these cookies automatically, but you can also delete them or set your browser to block them automatically. As every browser is different, you can customise your cookie settings via the ‘Help’ menu in your browser’s toolbar. However, if you block cookies, not all features will be available to you.

Security

To guarantee your security and ensure confidentiality, online bookings are processed using SSL encryption software. Your credit card number and all the details you provide when completing the online forms are immediately and automatically encrypted and protected whilst being transmitted over the internet. SSL automatically encrypts all the data you enter before it is transmitted over the internet. As soon as the information reaches our server, it is decrypted using a unique key. SSL enables your browser to establish a secure connection with our website. SSL is currently the most widely used and most secure transaction system. To use the system, you simply need to ensure that your browser is compatible.