General Terms and Conditions

• "Accommodation Provider": MP Seepark Hotel GmbH, FN 392282 k

• "Guest": Is a natural person who uses accommodation services. The guest is usually also the contracting party. Guests also include those persons who travel with the contracting party, e.g.: family members, friends, etc.).

• "Contracting Party": Is a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest.

• "Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

• "Accommodation Contract": Is the contract concluded between the accommodation provider and the contracting party, the content of which will be regulated in more detail below.

The accommodation contract is concluded by the accommodation provider's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances, and access occurs during the accommodation provider's stated business hours.

The accommodation provider is entitled to conclude the accommodation contract on condition that the contracting party makes an advance payment. If the contracting party agrees to the advance payment (in writing or orally), the accommodation contract is concluded upon receipt by the accommodation provider of the contracting party's declaration of consent regarding the payment of the advance payment.

The contracting party is obliged to pay the advance payment no later than 15 days after being requested to do so by the accommodation provider (received free of charge). The contracting party bears the costs for the money transaction (e.g., transfer fees). The respective conditions of the card companies apply to credit and debit cards. If the contracting party defaults on the advance payment, the accommodation provider can either insist on the fulfillment of their claim or withdraw from the contract after setting a reasonable grace period.

The advance payment is a partial payment of the agreed fee.

For certain travel periods, an advance payment of 20% must be made.

If the statutory VAT rate changes, the accommodation provider reserves the right to pass on the change in the tax rate to the guest to the same extent as the change through a price adjustment.

The contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed day ("arrival day"), unless the accommodation provider offers a different occupancy time.

If a room is occupied for the first time before 6:00 AM, the preceding night counts as the first overnight stay.

The rented rooms must be vacated by the contracting party by 11:00 AM on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

1. Withdrawal by the Accommodation Provider

If the accommodation contract provides for an advance payment and the advance payment has not been made by the contracting party on time, the accommodation provider can withdraw from the accommodation contract without a grace period.

If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.

If the contracting party has made an advance payment, the rooms remain reserved until 12:00 PM on the day following the agreed arrival day. In the case of advance payment for more than four days, the obligation to provide accommodation ends from 6:00 PM on the fourth day, with the arrival day being counted as the first day, unless the guest announces a later arrival day.

The accommodation contract can be dissolved by the accommodation provider, for objectively justified reasons, by unilateral declaration no later than 3 months before the contracting party's agreed arrival day, unless otherwise agreed.

2. Withdrawal by the Contracting Party - Cancellation Fee

The accommodation contract can be dissolved by the contracting party by unilateral declaration without payment of a cancellation fee no later than 3 months before the guest's agreed arrival day.

Outside the specified period, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

• up to 1 month before the arrival day 40 % of the total package price

• up to 1 week before the arrival day 70 % of the total package price

• in the last week before the arrival day 90 % of the total package price

a) Individually agreed arrangements made by individual contract, which take precedence over these GTC in case of a deviation, can be found in the hotel's booking or reservation confirmation.

b) Separate cancellation conditions for events, group travel & MICE apply to events and group travel of 10 rooms or more or 15 people or more. These can be found in the event or group confirmation.

c) Cancellation conditions and No-Show for Individual Travelers (Reservations up to 10 rooms)

Cancellations must always be submitted to the hotel in writing. Cancellations must be confirmed by the hotel in writing. The following cancellation fees apply:

• January 2, 2024 to April 30: free cancellation up to 24 hours before arrival

• May 1, 2024 to September 15: free cancellation up to 48 hours before arrival

• September 17, 2024 to December 29: free cancellation up to 24 hours before arrival

• December 30 to January 1: free cancellation up to 72 hours before arrival

The cancellation fee will be charged to the contracting party immediately after the cancellation has taken place and is due for immediate payment. If the contracting party provides (discloses) credit card details, the hotel is entitled to charge the credit card with any incurred cancellation fee. Any advance payment made can be offset by the hotel against an incurred cancellation fee.

d) Rooms with Special Price

Rooms booked at non-refundable rates, discount prices, deals or %-promotions cannot be canceled or rebooked free of charge or against payment of a cancellation fee at any time and will in any case be charged at 100% of the special price. This can also be debited by the hotel from a credit card provided as security, and an advance payment can be offset against the special price.

If the contracting party cannot appear at the accommodation on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

The obligation to pay for the booked stay is reactivated if arrival becomes possible again within three days of the initial arrival date.

The accommodation provider can provide the contractual partner or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.

Objective justification exists, for example, if the room (or rooms) has (have) become unusable, guests already checked in extend their stay, an overbooking occurs, or other important operational measures necessitate this step.

Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to customary service. The contractual partner must exercise their rights according to any applicable hotel and/or guest guidelines (house rules).

The contractual partner is obliged to pay the agreed remuneration, plus any additional amounts incurred due to the separate use of services by them and/or accompanying guests, plus statutory value-added tax, by no later than the time of departure.

The accommodation provider is not obliged to accept foreign currency. If the accommodation provider accepts foreign currency, it will be accepted at the daily exchange rate as far as practicable. Should the accommodation provider accept foreign currency or cashless payment methods, the contractual partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

The contractual partner is liable to the accommodation provider for any damage caused by them or the guest or other persons who receive the accommodation provider's services with the contractual partner's knowledge or consent.

If the contractual partner refuses to pay the stipulated remuneration or is in arrears with it, the accommodation provider is entitled to the statutory right of retention according to § 970c ABGB and the statutory lien according to § 1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien further serves to secure the accommodation provider's claims arising from the accommodation contract, especially for catering, other expenses incurred for the contractual partner, and for any claims for compensation of any kind.

If service is requested in the contractual partner's room or at unusual times of the day, the accommodation provider is entitled to charge a special fee for it. The accommodation provider may also refuse these services for operational reasons.

The accommodation provider is entitled to settle or partially settle their services at any time.

The accommodation provider is obliged to provide the agreed services to an extent corresponding to their standard.

Special services of the accommodation provider subject to labeling, which are not included in the accommodation fee, are examples: special accommodation services that can be billed separately.

The accommodation provider is liable according to §§ 970 ff ABGB for items brought in by the contractual partner. The accommodation provider's liability only applies if the items have been handed over to the accommodation provider or persons authorized by the accommodation provider. If the accommodation provider fails to prove this, the accommodation provider is liable for their own fault or the fault of their staff, as well as persons entering and leaving. The accommodation provider's liability according to § 970 para 1 ABGB is limited to the amount stipulated in the Federal Act of 16 Nov. 1921 on the liability of innkeepers and other entrepreneurs in its currently applicable version. If the contractual partner or guest does not immediately comply with the accommodation provider's request to deposit their items in a special storage location, the accommodation provider is released from all liability. The maximum amount of any liability of the accommodation provider is limited to the sum insured under the accommodation provider's liability insurance. Fault on the part of the contractual partner or guest must be taken into account.

The accommodation provider's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages, as well as lost profits, will under no circumstances be compensated.

For valuables, money, and securities, the accommodation provider is liable only up to the current amount of € 550,-. The accommodation provider is liable for damages exceeding this amount only if they accepted these items for safekeeping with knowledge of their nature or if the damage was caused by themselves or one of their staff. The limitation of liability according to paragraphs 1.) and 2.) applies mutatis mutandis.

The accommodation provider may refuse to store valuables, money, and securities if they are significantly more valuable items than guests of the accommodation establishment usually deposit for safekeeping.

In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not immediately report the damage incurred to the accommodation provider upon becoming aware of it. Furthermore, these claims must be asserted in court within three years from the knowledge or possible knowledge by the contractual partner or guest; otherwise, the right is extinguished.

If the contractual partner is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.

If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages, as well as lost profits, will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.

Animals may only be brought into the accommodation establishment with prior consent from the accommodation provider and, if applicable, against a special remuneration.

The contractual partner who brings an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.

The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.

The contractual partner or their insurer is jointly and severally liable to the accommodation provider for damage caused by animals brought along. The damage includes, in particular, those compensation services of the accommodation provider that the accommodation provider has to provide to third parties.

Animals are not allowed in the lounges, common rooms, restaurant areas, and wellness areas.

The contractual partner has no right to have their stay extended. If the contractual partner announces their wish to extend the stay in good time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

If the contractual partner cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is also only possible if the contractual partner cannot fully use the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the off-season.

If the accommodation contract was concluded for a specific period, it ends upon expiration of that period.

If the contractual partner departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they saved as a result of the non-utilization of their services or what they received by renting out the booked rooms elsewhere. A saving only exists if the accommodation establishment is fully occupied at the time of non-utilization of the rooms ordered by the guest and the room can be rented to other guests due to the contractual partner's cancellation. The burden of proof for the saving lies with the contractual partner.

Upon the death of a guest, the contract with the accommodation provider ends.

If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day before the intended end of the contract.

The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contractual partner or the guest

• makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper conduct, makes cohabitation unbearable for other guests, the owner company, its staff, or third parties residing in the accommodation establishment, or commits a punishable act against property, morality, or physical safety towards these persons;

• is afflicted with an infectious disease or a disease that extends beyond the duration of the stay, or otherwise becomes in need of care;

• does not pay the presented invoices when due within a reasonably set period (3 days).

If the performance of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strike, lockout, official order, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed dissolved by law, or the accommodation provider is released from their accommodation obligation. Any claims of the contractual partner for damages, etc., are excluded.

If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange for medical care even without a special request from 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 the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends when the guest can make decisions or the relatives have been notified of the illness.

The accommodation provider has claims for compensation against the contractual partner and the guest, or in case of death against their legal successors, particularly for the following costs:

• outstanding medical costs, costs for medical transport, medicines, and medical aids;

• necessary room disinfection;

• unusable laundry, bed linen, and bedding, otherwise for the disinfection or thorough cleaning of all these items;

• restoration of walls, furnishings, carpets, etc., to the extent that they were contaminated or damaged in connection with the illness or death;

• room rent, to the extent that the premises were used by the guest, plus any days of unavailability of the rooms due to disinfection, clearing, or similar;

• any other damages incurred by the accommodation provider.

For your successful event, we ask you to:

Provide written confirmation of the reservation.

Inform us of the exact name list for room reservations at least 14 days before arrival.

Please note that a conference package is valid for 10 people or more.

Please note that for a short-notice change of seating on the seminar day, € 30,- will be charged for the additional effort. To determine the appropriate seating, it is often helpful to consult with the trainers. We are happy to take care of this; just provide us with their contact details.

Adhere to the agreed meal schedule of the group, otherwise the hotel cannot guarantee the quality of the food.

For the careful preparation of the seminar, inform us of the final number of guests at least 3 working days before the event. This number is considered a guaranteed number and will be charged to the organizer in any case. An additional number of people will be charged extra.

Register any kind of live music for your event with AKM. For music groups organized by you, please consult with us briefly.

Discuss planned room decorations with our event manager.

Accept that bringing food and drinks is generally not permitted. In special cases, a written agreement can be made.

Please note our closing time, which has been set out of consideration for our in-house guests:

• Restaurant Laguna 10:00 p.m.

• For events extending beyond 12:00 a.m., the accommodation provider charges an additional fee of € 35,- per employee per hour for the supervision of your event.

• As we also need to make preparations for the next working day in our event rooms, we reserve the right to set the end time for your event at 4:00 a.m. at the latest.

The place of performance is the location where the accommodation establishment is situated.

This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.

In bilateral business transactions, the exclusive place of jurisdiction is the domicile of the accommodation provider, whereby the accommodation provider is also entitled to assert their rights before any other locally and factually competent court.

If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile or habitual residence in Austria, lawsuits against the consumer can only be filed at the consumer's domicile, habitual residence, or place of employment.

If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court with local and factual jurisdiction for the consumer's domicile for lawsuits against the consumer shall have exclusive jurisdiction.

Unless otherwise specifically provided by the regulations, a period begins to run with the delivery of the document stipulating the period to the contractual partner who must observe the period. When calculating a period determined by days, the day on which the time or event falls, after which the beginning of the period is to be determined, is not counted. Periods determined by weeks or months refer to the day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month is decisive.

Declarations must have reached the respective other contractual partner by the last day of the period (midnight).

The accommodation provider is entitled to offset their own claims against claims of the contractual partner. The contractual partner is not entitled to offset their own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contractual partner's claim has been legally established or acknowledged by the accommodation provider.

In the event of regulatory gaps, the corresponding legal provisions apply.

The accommodation provider offers its guests a comprehensive range of sports and leisure activities during their stay. For all activities presented, the accommodation provider expressly declares that these are carried out under professional guidance and with the highest possible degree of safety. Nevertheless, participation in sporting activities, even with due diligence, entails dangers and risks that cannot be entirely excluded. Every participant is aware of this. The responsibility for assessing personal performance, health risks, and experience lies with each participant themselves and is at their own risk. Therefore, for all activities offered by the accommodation provider, the following applies:

Disclaimer of liability for the accommodation provider as an intermediary for sports activities

The accommodation provider is only responsible for the careful selection of the respective organizer or service provider, as well as the faultless procurement/brokerage of services for the participant. The accommodation provider is therefore not liable for the faultless provision of the services brokered or procured by them. The accommodation provider undertakes to inform participants of the company name and address of the organizer with the booking confirmation, provided that this information does not already result from the brochure or other advertising materials underlying the booking.

Disclaimer of liability for the accommodation provider as organizer of road cycling and mountain biking tours

The accommodation provider as organizer of mountain bike tours expressly declares that not all offered bike tours can be taken from the published tour offerings of the region. The usual rules of conduct for mountain biking and road cycling must be observed by each participant on their own responsibility! Each participant has a different technical skill level and training status. Participants must therefore choose the respective routes according to their fitness and experience in the mountains. Weather conditions must also be taken into account. Paths can change within a very short time due to weather and other influences and can thus sometimes even become impassable.

The accommodation provider expressly points out that the nature of the bike routes, particularly with regard to ground conditions, the difficulty level of the routes, etc., is subject to constant change due to uncontrollable external circumstances such as weather influences. Riding the described bike routes and staying in the mountains, even with due diligence, entails dangers and risks that cannot be entirely excluded. Every participant must be aware of this. The responsibility for choosing the route, assessing personal performance and experience, and finding routes in the terrain lies with each participant themselves. Communication (mobile phones) is only limited or not possible at all on some training sessions and tours, and in the event of an accident, rescue operations and/or appropriate medical care may be delayed or not available at all. Due to the special demands placed on the bikes when used in open terrain, there is an increased risk of damage or severe wear and tear. For the reasons mentioned, the accommodation provider assumes no liability for property or financial damages caused by slight negligence, whether by actions or omissions of the accommodation provider themselves or by persons attributable to them.

There is no liability for property, financial, and/or personal damages resulting from the technical condition of the e-bikes provided to the accommodation provider's guests for a fee by cooperation partners. All resulting claims for compensation must be directed directly against these partners, unless there is fault in selection or intermediation.

Furthermore, the accommodation provider's liability for personal injuries caused by slight negligence is excluded for persons who are not consumers.

Disclaimer of liability for the accommodation provider as organizer of other sports activities

The accommodation provider assumes no liability for property or financial damages caused by slight negligence, whether by actions or omissions of the accommodation provider themselves or by persons attributable to them. Furthermore, the accommodation provider's liability for personal injuries caused by slight negligence is excluded for persons who are not consumers.