Conditions
General Terms and Conditions
Müller-Paalzow GesnbR, Dachstein 7, Stötzlgasse 7, A-4824 Gosau (hereinafter referred to as the “Accommodation Provider”).
These General Terms and Conditions are based on the General Terms and Conditions for the Hotel Industry of the Austrian Hotel Association and have been adapted to the Dachstein 7 accommodation business.
Date: 22 August 2026
Table of Contents
§ 1 Scope of Application
§ 2 Definitions
§ 3 Conclusion of Contract and Deposit
§ 4 Commencement and End of Accommodation
§ 5 Withdrawal from the Accommodation Contract and Cancellation Fees
§ 6 Provision of Substitute Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider
§ 11 Liability of the Accommodation Provider for Property Brought onto the Premises
§ 12 Limitations of Liability
§ 13 Dogs and Keeping of Animals
§ 14 Use of D7 Spa, EV Charging Station and Shared Facilities
§ 15 Extension of Accommodation
§ 16 Termination of the Accommodation Contract and Early Termination
§ 17 Illness or Death of the Guest
§ 18 No Right of Withdrawal in Distance Contracts
§ 19 Place of Performance, Place of Jurisdiction and Applicable Law
§ 20 Data Protection
§ 21 Final Provisions
§ 1 Scope of Application
1.1 The following terms and conditions apply to the rental of holiday apartments (units Q1 to Q9 and the entire house Q10) and the accommodation of guests at Dachstein 7 in Gosau, including all related additional services and supplies provided by the Accommodation Provider.
1.2 Any deviating terms and conditions of the Contracting Party shall not be accepted unless the Accommodation Provider expressly agrees to them in writing. Bookings made via booking platforms (such as Booking.com or other online travel agencies) are additionally subject to the respective terms and conditions of those platforms; in the case of bookings made via such platforms, the payment and cancellation provisions agreed there shall prevail in case of doubt.
§ 2 Definitions
“Accommodation Provider”: A natural or legal person who provides accommodation to guests in return for payment. For the purposes of these terms and conditions, the Accommodation Provider is Müller-Paalzow GesnbR, operator of Dachstein 7.
“Guest”: A natural person who makes use of the accommodation. The Guest is generally also the Contracting Party. Persons travelling with the Contracting Party, such as family members or friends, are also considered Guests.
“Contracting Party”: A natural or legal person from Austria or abroad who concludes an accommodation contract as a Guest or on behalf of a Guest.
“Consumer” and “Entrepreneur”: These terms shall be understood in accordance with the Austrian Consumer Protection Act 1979 (Konsumentenschutzgesetz), as amended from time to time.
“Accommodation Contract”: The contract concluded between the Accommodation Provider and the Contracting Party, the contents of which are specified in greater detail below.
§ 3 Conclusion of Contract and Deposit
3.1 The Accommodation Contract shall be concluded upon acceptance of the Contracting Party’s booking by the Accommodation Provider. If the booking is made electronically, the Accommodation Provider shall confirm receipt of the booking without undue delay by electronic means. Electronic declarations shall be deemed received when the party for whom they are intended can retrieve them under ordinary circumstances.
3.2 The Accommodation Provider shall be entitled to conclude the Accommodation Contract subject to the condition that the Contracting Party makes a deposit. The Accommodation Provider shall inform the Contracting Party of any required deposit before accepting the booking. If the Contracting Party agrees to the deposit, the Accommodation Contract shall be concluded upon receipt of this declaration of consent by the Accommodation Provider.
3.3 The Contracting Party is obliged to pay a deposit amounting to 30% of the booking price within 10 days of receipt of the booking confirmation, by bank transfer or credit card. Any costs associated with the money transfer, such as bank transfer fees, shall be borne by the Contracting Party. Credit and debit cards are subject to the terms and conditions of the respective card companies.
3.4 The deposit constitutes a partial payment of the agreed fee. The remaining amount of 70% of the booking price must be paid no later than 10 days before the arrival date.
§ 4 Commencement and End of Accommodation
4.1 The Contracting Party shall be entitled to occupy the booked apartment from 4:00 p.m. on the agreed arrival date, unless another check-in time has been agreed.
4.2 The booked apartment must be vacated by 10:00 a.m. on the departure date, unless otherwise agreed. The Accommodation Provider shall be entitled to charge for an additional day if the apartment is not vacated on time.
§ 5 Withdrawal from the Accommodation Contract and Cancellation Fees
Withdrawal by the Accommodation Provider
5.1 If the Accommodation Contract provides for a deposit and the Contracting Party fails to pay it on time, the Accommodation Provider may withdraw from the Accommodation Contract without granting an additional grace period.
5.2 If the Guest does not arrive on the agreed arrival date, there shall be no obligation to provide accommodation unless a later arrival date has been agreed. If a deposit has been paid, the apartment shall remain reserved until 12:00 noon on the day following the arrival date.
Withdrawal by the Contracting Party and Cancellation Fees
5.3 Withdrawal by the Contracting Party must be declared to the Accommodation Provider in text form. The time at which the declaration of withdrawal is received by the Accommodation Provider shall be decisive for calculating the cancellation fee.
5.4 Up to 7 days before the agreed arrival date, the Accommodation Contract may be cancelled free of charge, without payment of a cancellation fee, by the Contracting Party providing notification in text form.
5.5 In the event of cancellation within the last 7 days before the arrival date, as well as in the event of a no-show, the full booking price shall be charged.
Impediment to Arrival
5.6 If the Contracting Party is unable to arrive on the arrival date due to unforeseeable extraordinary circumstances, such as extreme snowfall or flooding, because all possible means of arrival are impossible, the Contracting Party shall not be obliged to pay the fee for the affected days. The obligation to pay shall resume once arrival becomes possible again within three days.
§ 6 Provision of Substitute Accommodation
6.1 The Accommodation Provider may provide the Contracting Party or the Guests with equivalent substitute accommodation if this is reasonable for the Contracting Party, in particular if the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the apartment has become unusable, Guests who have already checked in extend their stay, there is an overbooking, or other important operational reasons require such a measure.
6.3 Any additional costs incurred for the substitute accommodation shall be borne by the Accommodation Provider.
§ 7 Rights of the Contracting Party
7.1 By concluding the Accommodation Contract, the Contracting Party acquires the right to the customary use of the booked apartment and of those facilities of the accommodation business that are customarily available to Guests for use without special conditions. The Contracting Party shall exercise these rights in accordance with the applicable guest and house rules.
§ 8 Obligations of the Contracting Party
8.1 The Contracting Party is obliged to pay the agreed fee no later than upon departure, plus any additional amounts arising from separately used services and plus statutory VAT.
8.2 In addition to the fee, the applicable local tourist tax (Kurtaxe) of the municipality of Gosau shall be paid, unless it is already included in the price.
8.3 The Contracting Party shall treat the apartment and shared facilities with due care and comply with the house rules. The Contracting Party shall be liable to the Accommodation Provider for any damage caused by the Contracting Party, a Guest or any other person who uses the Accommodation Provider’s services with the knowledge or consent of the Contracting Party.
8.4 The agreed maximum occupancy of the apartment may not be exceeded without the prior consent of the Accommodation Provider.
§ 9 Rights of the Accommodation Provider
9.1 If the Contracting Party refuses to pay the agreed fee or is in arrears with payment, the Accommodation Provider shall have the statutory right of retention pursuant to Section 970c of the Austrian General Civil Code (ABGB) as well as the statutory lien pursuant to Section 1101 ABGB over property brought onto the premises by the Contracting Party or Guest. These rights serve to secure the Accommodation Provider’s claims arising from the Accommodation Contract, including other expenses and any claims for damages.
§ 10 Obligations of the Accommodation Provider
10.1 The Accommodation Provider is obliged to provide the agreed services to a standard corresponding to its category.
§ 11 Liability of the Accommodation Provider for Property Brought onto the Premises
11.1 The Accommodation Provider shall be liable pursuant to Sections 970 et seq. ABGB for property brought onto the premises by the Contracting Party. Pursuant to Section 970 (1) ABGB, the Accommodation Provider’s liability shall be limited to the maximum amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Contracting Party or Guest fails to comply without undue delay with a request by the Accommodation Provider to deposit their property in a designated place of safekeeping, the Accommodation Provider shall be released from liability. Any liability shall be limited to the amount covered by the Accommodation Provider’s liability insurance. Any contributory negligence on the part of the Contracting Party or Guest shall be taken into account.
11.2 For valuables, cash and securities, the Accommodation Provider shall be liable only up to the currently applicable amount of EUR 550. For any damage exceeding this amount, the Accommodation Provider shall be liable only if it accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the Accommodation Provider itself or by one of its personnel.
11.3 Any damage that has occurred must be reported to the Accommodation Provider without undue delay upon becoming aware of it; otherwise, liability shall be excluded. Claims must be asserted in court within three years of becoming aware, or being able to become aware, of the damage; otherwise, such claims shall be forfeited.
§ 12 Limitations of Liability
12.1 If the Contracting Party is a Consumer, the Accommodation Provider’s liability for slight negligence shall be excluded, with the exception of personal injury.
12.2 If the Contracting Party is an Entrepreneur, the Accommodation Provider’s liability for slight and gross negligence shall be excluded. In this case, the Contracting Party shall bear the burden of proof for the existence of fault. Consequential damages, non-material damages, indirect damages and loss of profit shall not be compensated. In all cases, any compensable damage shall be limited to the amount of the reliance interest.
§ 13 Dogs and Keeping of Animals
13.1 Dogs and other animals may only be brought into the accommodation business with the prior consent of the Accommodation Provider and, where applicable, subject to a separate fee. The regulations concerning bringing dogs onto the premises communicated as part of the booking must be complied with.
13.2 The Contracting Party bringing an animal is obliged to properly keep and supervise the animal during the stay. Animals may not be left unattended in the apartment unless otherwise agreed.
13.3 The Contracting Party must have animal liability insurance or private liability insurance covering damage caused by animals. Proof of such insurance must be provided upon request by the Accommodation Provider.
13.4 The Contracting Party shall be liable to the Accommodation Provider for all damage caused by the animal brought onto the premises, including any compensation payments that the Accommodation Provider is required to make to third parties.
13.5 Animals are not permitted in the shared and wellness areas, in particular in the D7 Spa and sauna area.
§ 14 Use of D7 Spa, EV Charging Station and Shared Facilities
14.1 Use of the D7 Spa, including the sauna, fitness and massage room and relaxation area, is at the Guest’s own responsibility and subject to the applicable posted instructions for use and safety. The Accommodation Provider shall not be liable for damage resulting from failure to observe these instructions or from a health condition of the Guest that makes use unsuitable. The supervision of children and adolescents is the responsibility of their legal guardians.
14.2 The EV charging station is available for charging vehicles for a fee and for charging bicycles. Use is subject to the instructions posted on site.
14.3 Free parking facilities and Wi-Fi are provided subject to available capacity. There is no legal entitlement to uninterrupted availability of Wi-Fi.
§ 15 Extension of Accommodation
15.1 The Contracting Party has no entitlement to an extension of their stay. If the Contracting Party gives timely notice of their wish to extend the stay, the Accommodation Provider may agree to the extension. There is no obligation to do so.
15.2 If the Contracting Party is unable to depart on the departure date due to unforeseeable extraordinary circumstances, such as extreme snowfall or flooding, because all departure routes are closed or unusable, the Accommodation Contract shall automatically be extended for the duration of the impossibility of departure. The Accommodation Provider shall be entitled to charge at least the fee customary during the low season for this period.
§ 16 Termination of the Accommodation Contract and Early Termination
16.1 If the Accommodation Contract has been concluded for a fixed period, it shall end upon expiry of that period.
16.2 If the Contracting Party departs early, the Accommodation Provider shall be entitled to charge the full agreed fee. The Accommodation Provider shall deduct any amounts saved as a result of the non-use or obtained through renting the apartment to another party. The burden of proof regarding any savings shall lie with the Contracting Party.
16.3 The Accommodation Provider shall be entitled to terminate the Accommodation Contract with immediate effect for good cause, in particular if the Contracting Party or a Guest makes substantially detrimental use of the apartment, disrupts the coexistence of other Guests through inconsiderate or grossly inappropriate behaviour, fails to pay due invoices despite being granted a reasonable grace period, or if performance of the contract becomes impossible due to force majeure.
§ 17 Illness or Death of the Guest
17.1 If a Guest falls ill during their stay, the Accommodation Provider shall arrange medical care at the Guest’s request. In cases of imminent danger, the Accommodation Provider shall also arrange medical care without a specific request from the Guest if this is necessary and the Guest is unable to do so themselves.
17.2 The Accommodation Provider shall have claims against the Contracting Party and the Guest or, in the event of death, against their legal successors, in particular for reimbursement of outstanding medical and transportation costs, necessary disinfection, unusable furnishings, restoration of damaged items and rent for the period during which the rooms cannot be used.
§ 18 No Right of Withdrawal in Distance Contracts
18.1 Pursuant to Section 18 (1) No. 10 of the Austrian Long-Distance and External Transactions Act (FAGG), there is no statutory right of withdrawal for distance contracts concerning accommodation provided on a specific date or during a specific period. The cancellation provisions set out in § 5 of these terms and conditions shall apply exclusively.
§ 19 Place of Performance, Place of Jurisdiction and Applicable Law
19.1 The place of performance is the location of the accommodation business, i.e. Gosau.
19.2 This contract shall be governed by Austrian procedural and substantive law, excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
19.3 In business-to-business transactions, the exclusive place of jurisdiction shall be the registered office of the Accommodation Provider. If the contract has been concluded with a consumer whose domicile or habitual residence is in Austria or who is employed in Austria, legal actions against the consumer may only be brought before the court at the consumer’s domicile, habitual residence or place of employment.
§ 20 Data Protection
20.1 The Accommodation Provider processes personal data of the Contracting Party and the Guests exclusively for the purpose of handling the Accommodation Contract and in accordance with statutory requirements. Details regarding the processing of personal data can be found in the Privacy Policy at www.dachstein7.com/datenschutz.
§ 21 Final Provisions
21.1 Amendments and additions to the contract must be made in text form. No verbal side agreements exist.
21.2 The Accommodation Provider shall be entitled to offset its own claims against claims of the Contracting Party. The Contracting Party shall only be entitled to offset claims if the Accommodation Provider is insolvent or if the Contracting Party’s claim has been established by a court or acknowledged by the Accommodation Provider.
21.3 Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In the event of any regulatory gaps, the corresponding statutory provisions shall apply.
Müller-Paalzow GesnbR, Dachstein 7, Stötzlgasse 7, A-4824 Gosau. Represented by Alexander Müller and Anke Paalzow. Email: office@dachstein7.com, Telephone: +43 6136 20 501, VAT ID: ATU74165306.