General Terms and Conditions

These General Terms and Conditions (“Terms”) apply to all orders of food and beverages placed via our online ordering system (“webshop”) – accessible via www.castel-ischgl.at or directly at my.smorder.at/web/locations/hotel-castel.

The provider and your contracting party is: Roland Kurz e.U. (Hotel Castel) – Bar | Bistro | Castello, St. Antoniusweg 18, 6561 Ischgl, Austria · Commercial register: FN 170215 t, Regional Court of Innsbruck · VAT ID: ATU45053604 · Phone: +43 5444 5746 · E-mail: office@castel.cc (hereinafter “we”).

The webshop is technically provided by an external service provider (smorder). The contract for the food and beverages ordered is concluded exclusively between you and us.

Accommodation services (room bookings) are not governed by these Terms but by the AGBH 2006 (Part B).

“Consumer” and “entrepreneur” are to be understood as defined in the Austrian Consumer Protection Act (KSchG).

The presentation of food and beverages in the webshop is not a legally binding offer but an invitation to place an order.

You select the desired products, add them to the basket and state the type of order, the desired time and your contact details. Before submitting, you are shown a summary of your order including the total price and can check or change your entries or cancel the process.

By clicking the order button (order with obligation to pay) you submit a binding offer to purchase the products in your basket.

The contract is concluded with our order confirmation (displayed in the webshop or sent by e-mail), at the latest when the order is handed over.

We may decline orders – in particular during very busy periods, if a product is unavailable or outside ordering hours. In that case we will inform you without delay and promptly refund any payments already made.

The contract languages are German and English. Your order data is stored in the ordering system and sent to you with the order confirmation. You can access, print or save these Terms as a PDF on this page at any time.

Online orders can be placed within the ordering hours shown in the webshop. Collection and preparation times are approximate; delays may occur during very busy periods.

Collection: Takeaway orders are handed over at the selected or confirmed time at Castello, St. Antoniusweg 18, 6561 Ischgl. Please state your name or order number on collection.

Eating in: Where offered in the webshop, you can also order for consumption in the restaurant.

Delivery: Delivery is only available if it is expressly offered during the ordering process. In that case the delivery area, minimum order value and any delivery charges are shown before you complete your order.

If you do not collect an order within 30 minutes of the agreed time, we can no longer guarantee the quality of the freshly prepared food and are not obliged to keep it any longer. Our claim to the purchase price remains unaffected.

The prices shown in the webshop at the time of ordering apply. All prices are in euros and include statutory VAT. Any additional costs (e.g. for delivery) are shown separately before you complete your order.

You can use the payment methods shown during the ordering process (e.g. online payment by credit or debit card or other electronic means of payment, and, where applicable, payment on collection).

For online payment, the total amount is due when the order is completed and is collected via the selected means of payment. Payment is processed by an external payment service provider; we do not store your full card or payment details.

You will receive a receipt on handover or electronically.

For distance contracts, consumers generally have a statutory 14-day right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG).

No right of withdrawal for food and freshly prepared beverages: This right of withdrawal does not apply to food and freshly prepared beverages ordered via the webshop. These are goods which are liable to deteriorate rapidly (§ 18 para. 1 no. 4 FAGG) and which are prepared to your specifications (§ 18 para. 1 no. 3 FAGG), or the supply of food and beverages at a contractually agreed time (§ 18 para. 1 no. 10 FAGG).

Your option to cancel under clause 6 and your statutory warranty rights remain unaffected.

If, exceptionally, goods are ordered that do not fall under any of these exceptions (e.g. sealed, non-perishable beverages), consumers may withdraw from the contract within 14 days of receiving the goods without giving reasons. A clear statement sent to us before the period expires is sufficient – e.g. by e-mail to office@castel.cc or by post to the address stated in clause 1.2. In that case we will refund the payments made for these goods without delay, at the latest within 14 days of receiving the withdrawal, using the means of payment used for the order. The goods must be returned to us within 14 days; you bear the direct costs of returning them.

You can cancel or change an order free of charge as long as we have not yet started preparing it. To do so, please contact us immediately by phone on +43 5444 5746.

Once preparation has begun, an order can no longer be cancelled or changed; the purchase price is payable in full and will not be refunded.

If we are unable to fulfil an accepted order, in whole or in part (e.g. because a product is no longer available, or due to operational disruptions or force majeure), we will inform you without delay. You will not be charged for anything we do not supply.

Refunds: If you cancel in time, and in the cases set out in clauses 2.5 and 6.3, we will refund payments already made without delay, at the latest within 14 days, using the means of payment used for the order.

Information on allergenic ingredients can be found in our menu; we are also happy to advise you by phone before you order (+43 5444 5746). As a wide variety of ingredients are processed in our kitchen, traces of allergens cannot be ruled out.

Product images are serving suggestions; the dish as prepared may differ slightly in appearance.

Alcoholic beverages are only handed over to persons who have reached the minimum age required by the Tyrolean Youth Act (Tiroler Jugendgesetz). We reserve the right to ask for proof of age on handover.

The statutory warranty provisions apply.

If an order is incomplete, incorrect or defective, please let us know as soon as possible – ideally on handover or by phone on +43 5444 5746. This allows us to provide a replacement or refund the amount quickly. This request does not limit your statutory rights.

We are liable for damage only in cases of intent or gross negligence. This limitation does not apply to personal injury or to claims under the Austrian Product Liability Act.

We do not guarantee that the webshop will be available at all times and without interruption.

We process your personal data (e.g. name, contact details, order and payment information) in order to handle your order (Art. 6(1)(b) GDPR). Details can be found in our privacy policy and in the privacy notice of the webshop.

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

For consumers, the statutory places of jurisdiction apply. If you are an entrepreneur, the court with subject-matter jurisdiction for 6561 Ischgl has exclusive jurisdiction.

Alternative dispute resolution: For disputes that could not be resolved directly with us, consumers may contact the officially recognised Austrian consumer arbitration board “Schlichtung für Verbrauchergeschäfte”: verbraucherschlichtung.at, Mariahilfer Straße 103/1/18, 1060 Vienna. The easiest way is to contact us directly at office@castel.cc.

The version of these Terms valid at the time of the order applies.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

This English version is a convenience translation. In the event of discrepancies, the German version prevails.

These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions] as amended on 23 September 1981.

The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be subsidiary to agreements made on an individual basis.

Definitions:

The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the Proprietor.

The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.

The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.

The down payment shall be deemed an instalment of the agreed remuneration.

Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).

If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.

The rented rooms shall be vacated by the Party by 12.00 noon on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.

If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.

If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.

If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the Guest informs the Proprietor of a later date of arrival.

Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.

The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee.

Outside the period specified in § 5.5., the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.

The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.

By entering into an Accommodation Agreement, the Party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).

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 Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.

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 of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of 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.

If services are requested in the room of the Party or during unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge an extra remuneration. However, such extra remuneration shall be indicated on the price board for the room. The Proprietor may also refuse such services for operational reasons.

The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.

The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.

Extra services of the Proprietor that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include:

The Proprietor shall be liable for the items brought along by the Party in accordance with §§ 970 ss of 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 and visitors. In accordance with § 970 sec. 1 of 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 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) 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 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 12.1 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.

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 may only be brought to the accommodating establishment with the prior consent of the Proprietor and against extra remuneration.

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.

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.

Animals shall not be permitted to enter the lounges, saloons, restaurants and wellness zones.

The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.

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.

If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.

Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.

If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.

The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest

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.

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:

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 [Austrian act on international private law] 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.

Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.

Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).

The Proprietor shall be entitled to offset any of its claims against claims of the Party. The Party shall not be entitled to offset any of its claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or acknowledged by the Proprietor.

If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.