These General Terms and Conditions apply to contracts with Mesnerhaus GmbH. Individual agreements, specific offer and rate conditions, and mandatory statutory provisions take precedence over these General Terms and Conditions. For bookings made through online travel portals or other intermediaries, any terms validly incorporated there may also apply.
| Important Cancellation periods, deposits, no-show rules and other price-determining conditions must be clearly displayed or communicated to the guest before the contract is concluded. The specific booking or reservation confirmation must therefore always be read together with these General Terms and Conditions. |
Contents
• Section 1 Scope, contracting party and definitions
• Section 2 Conclusion of contract and electronic bookings
• Section 3 Prices, payment, deposit and card guarantee
• Section 4 Accommodation services and stay
• Section 5 Withdrawal and cancellation for hotel bookings and packages
• Section 6 Restaurant reservations, cancellation and no-show
• Section 7 Vouchers
• Section 8 Event tickets and events
• Section 9 Offers, packages and third-party services
• Section 10 Statutory right of withdrawal for distance contracts
• Section 11 Warranty, service disruptions and liability
• Section 12 Pets and assistance dogs
• Section 13 Force majeure and extraordinary circumstances
• Section 14 Communication, data protection and dispute resolution
• Section 15 Choice of law, place of performance and jurisdiction
• Section 16 Final provisions
• Annex 1: Withdrawal information for non-date-specific vouchers purchased online
• Annex 2: Model withdrawal form
Section 1 Scope, contracting party and definitions
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded by a guest, customer, purchaser or other contracting party with Mesnerhaus GmbH (hereinafter “Mesnerhaus”) for accommodation services, restaurant reservations, vouchers, event tickets, offers, packages or other services. They apply regardless of whether the contract is initiated via the website, a booking or reservation system, the voucher and ticket shop technically provided by e-guma, by telephone, by email, on site or through an intermediary.
1.2 The contracting party and issuer of the vouchers and tickets offered by Mesnerhaus is Mesnerhaus GmbH, Markt 56, 5570 Mauterndorf, Austria, company register number FN 521190g, VAT ID ATU75036408. Idea Creation GmbH provides the technical shop, voucher and ticket platform through e-guma but does not thereby become the customer’s contracting party. Where a different service provider is expressly identified as the contracting party before a contract for an intermediary service is concluded, the relevant contract is concluded with that service provider.
1.3 Consumers are natural persons who enter into a legal transaction for purposes that cannot be attributed to their business activities. Businesses are natural or legal persons, or partnerships with legal capacity, for whom the transaction forms part of the operation of their business.
1.4 Individual agreements and the conditions expressly stated in a specific offer, rate description, booking form, reservation confirmation or order confirmation take precedence over these GTC. Mandatory statutory rights, in particular consumer rights, remain unaffected.
1.5 If a person books services for additional guests, that person is responsible for ensuring that accompanying or registered persons comply with the house, safety and conduct rules applicable to the stay or event. Personal liability for payment for services used by other persons exists only to the extent permitted by law or where it has been expressly assumed.
1.6 General terms and conditions of the contracting party apply only if Mesnerhaus has expressly agreed to their inclusion. In dealings with consumers, text form is sufficient for this purpose; individually agreed oral arrangements remain effective.
Section 2 Conclusion of contract and electronic bookings
2.1 Representations of rooms, menus, vouchers, tickets, offers and packages on websites, portals, in brochures or other media are generally non-binding invitations to submit an order or booking request unless expressly designated as binding offers.
2.2 The contract is concluded as soon as Mesnerhaus expressly accepts the booking or order, in particular by means of a message identified as a booking, reservation or order confirmation. Where the respective online booking process expressly provides for immediate conclusion of the contract, the contract is concluded when the booking or order button clearly marked as creating an obligation to pay is activated.
2.3 An automatically generated acknowledgement of receipt initially confirms only receipt of a request or order unless it also expressly states acceptance of the contract.
2.4 Before an online contract is concluded with binding effect, input errors can be corrected using the technical means provided in the booking or shop system. The contract text and the terms incorporated in each case are confirmed electronically or made available on a durable medium to the extent required by law.
2.5 Contracts may be concluded in the languages offered in the respective booking or order process. The language of the specific confirmation is authoritative. Translations are provided for ease of understanding; mandatory consumer rights remain unaffected regardless of the language version.
2.6 Bookings by minors are permitted only with the consent of their legal representative. Mesnerhaus may request suitable evidence.
2.7 For bookings made through online travel portals or other intermediaries, the terms validly incorporated there also apply, in particular regarding payment processing, rebooking and communication. Vouchers and tickets are processed technically through the e-guma shop; Mesnerhaus remains the seller, issuer and party obliged to provide the service. Where terms conflict, mandatory law and then the conditions clearly stated in the specific offer take precedence.
Section 3 Prices, payment, deposit and card guarantee
3.1 All prices quoted to consumers are in euros and include statutory value added tax. Legally payable local taxes, overnight accommodation levies or comparable public charges may be added unless expressly stated as included in the price.
3.2 The confirmed total price and the services stated in it at the time the contract is concluded are authoritative. Additional services ordered or used only on site are charged according to the price list communicated at the time.
3.3 Mesnerhaus may require a deposit for hotel bookings and packages. Unless otherwise stated in the specific offer, the deposit amounts to 30% of the confirmed total price. The amount, due date and payment method are communicated before the contract is concluded or in the booking confirmation.
3.4 If a due deposit is not paid on time, Mesnerhaus may withdraw from the contract after an unsuccessful reminder and expiry of a reasonable grace period. No grace period is required if a payment date fixed by the calendar has been expressly agreed as an essential condition of the booking or if the start of the service is so imminent that granting a grace period would be unreasonable.
3.5 The outstanding balance is due no later than departure or at the time stated in the confirmation. Full advance payment may be required for vouchers and tickets.
3.6 Payments are processed using the payment methods offered in the respective booking or order process and, where applicable, through external payment service providers. For voucher and ticket orders, the payment methods displayed in the e-guma checkout apply. A separate fee for a payment method is charged only where legally permissible and clearly communicated to the customer before the contract is concluded.
3.7 A valid credit or debit card may be required as a guarantee for certain hotel rates, restaurant reservations, groups, events or tickets. A pre-authorisation or charge is made only to the extent communicated in advance, in particular to collect validly agreed deposits, cancellation fees or no-show charges.
3.8 In the event of late payment, the statutory consequences of default apply. Businesses may additionally be charged reasonable and legally permissible collection and recovery costs.
Section 4 Accommodation services and stay
4.1 Mesnerhaus provides the confirmed room category and the agreed services. Entitlement to a specific room exists only if that room has been expressly confirmed in writing. Images show sample rooms; minor differences in location, furnishings or design within the same category are possible, provided the agreed quality is maintained.
4.2 Check-in and check-out times are stated in the booking confirmation or the current guest information. Earlier arrival or later departure requires confirmation and may incur a charge.
4.3 For arrival outside the notified times, Mesnerhaus must be informed in good time. If the guest fails to arrive without notice, the room may be allocated elsewhere in accordance with the agreed rate and cancellation conditions. Any payment obligation for a validly agreed cancellation or no-show fee remains unaffected.
4.4 Rooms and other guest areas may be used only by the registered persons and for the agreed purpose. Transfer, subletting, commercial use or holding an event in the room is permitted only with prior consent.
4.5 Guests must treat rooms, furnishings and communal areas with care, comply with safety and fire regulations, and avoid disturbing other guests. Smoking is permitted only in areas expressly designated for that purpose.
4.6 Defects or disruptions must be reported without delay so that Mesnerhaus can remedy them. If a reasonable notification is culpably omitted, statutory claims may be limited to the extent that timely remedy would have been possible.
4.7 If the confirmed room cannot be provided for objectively justified reasons, Mesnerhaus may offer reasonable alternative accommodation of at least comparable quality. Mesnerhaus bears any necessary additional costs of the alternative accommodation. The guest’s statutory claims remain unaffected.
4.8 Mesnerhaus may terminate the contract early for good cause, in particular in the event of substantial payment default, serious breaches of the house rules, danger to persons or property, criminal acts, or unreasonable disruption of operations. As a rule, a warning must be issued before termination unless it would clearly serve no purpose or would be unreasonable due to the seriousness of the breach.
4.9 Wellness services are not included in the room price. They are provided for an additional charge of EUR 25 per person per day by a neighbouring business within walking distance. Use is additionally subject to the terms and the house, safety and hygiene rules of the respective partner business.
Section 5 Withdrawal and cancellation for hotel bookings and packages
5.1 Unless different cancellation conditions for a rate, offer, group or package were clearly displayed and agreed before the contract was concluded, the following conditions apply to withdrawal by the contracting party. The time at which the notice of withdrawal is received by Mesnerhaus is decisive:
| Time of receipt of cancellation | Cancellation fee |
| Up to and including 14 days before the agreed arrival date | 0 % |
| From the 13th day up to and including the 8th day before arrival | 40 % |
| From the 7th day up to and including the 3rd day before arrival | 70 % |
| From the 2nd day before arrival, in the event of a no-show or early departure | 90 % |
5.2 The cancellation fee is calculated on the confirmed total price of the cancelled accommodation and package services. Mesnerhaus credits expenses saved and revenue from reallocating the same period, insofar as these have not already been taken into account in the flat-rate fee. The contracting party remains entitled to prove that no loss or a substantially lower loss was incurred.
5.3 Non-cancellable or only partially cancellable special rates (“Non-Refundable”, early-booking rates or comparable offers) apply only if this characteristic and the resulting payment obligation were clearly displayed before booking and expressly agreed.
5.4 A rebooking is agreed only upon express confirmation. There is no entitlement to rebooking. If rebooking is permitted, price differences and a reasonable administrative charge communicated in advance may be charged.
5.5 In the event of a no-show or early departure, expenses saved and possible re-letting are taken into account in accordance with the principles of Clause 5.2. Illness, personal inability to travel, adverse weather conditions or the cancellation of individual leisure activities do not in themselves give rise to free withdrawal. Travel or cancellation insurance is recommended.
5.6 If, on the day of arrival, the guest is unable to arrive due to unforeseeable extraordinary circumstances that block or render impossible all objectively reasonable means of access to the establishment, the payment obligation is suspended for the duration of the proven impossibility. As soon as arrival is reasonably possible again, the contractual obligations continue for the remainder of the stay.
5.7 Before performance begins, Mesnerhaus may withdraw for good and objectively justified cause, in particular if the establishment or essential parts of it become unusable, official orders prevent performance, or performance of the contract becomes impossible for other reasons beyond its control. Payments already made for services not provided are refunded. Further statutory claims remain unaffected.
Section 6 Restaurant reservations, cancellation and no-show
6.1 Restaurant reservations are binding once confirmed by Mesnerhaus. The reserved number of guests forms the basis for purchasing, mise en place, staff planning and table allocation. Changes to the number of guests must therefore be communicated as early as possible.
6.2 Unless a stricter rule for groups, exclusive events, cookery courses, special menus or public holidays was clearly communicated and agreed before the contract was concluded, a restaurant reservation may be cancelled or changed free of charge up to 24 hours before the reserved time.
6.3 For cancellation within 24 hours before the reserved time, an unannounced reduction in the number of guests, a complete failure to attend (“no-show”), or arrival so late that the agreed service can no longer be provided, a flat-rate cancellation or no-show fee of EUR 80.00 is charged for each affected person. This applies only if the fee was clearly communicated before the reservation was concluded and accepted by the contracting party.
6.4 If a guest is more than 30 minutes late without notice, Mesnerhaus may allocate the table elsewhere. The fee under Clause 6.3 applies only to registered persons for whom the reservation is cancelled at short notice, reduced or not used.
6.5 The fee is agreed as flat-rate compensation for the reserved capacity and for planning, staffing, purchasing and preparation work already incurred. The contracting party remains entitled to prove that no loss or expense, or a substantially lower loss or expense, was incurred. Mandatory statutory rights to reduction and consumer rights remain unaffected.
6.6 Separate deposit, minimum-spend and cancellation conditions may be agreed for groups, exclusive areas, events, cookery courses, winegrower evenings or individually priced menus. These take precedence over the above rules if they were communicated transparently before the contract was concluded.
6.7 Allergies, intolerances, pregnancy, religious requirements or other binding dietary requirements must be disclosed in full no later than at the time of reservation. Mesnerhaus will accommodate confirmed requirements where possible. Complete freedom from traces of specific allergens in a shared kitchen can be guaranteed only if expressly confirmed.
6.8 Menus and individual ingredients may be changed for seasonal, quality-related or supply-related reasons. Substitute services will, where possible, be of equivalent value. Material changes will be communicated in good time; mandatory statutory rights remain unaffected.
Section 7 Vouchers
7.1 Vouchers are sold and managed through the voucher shop technically provided by e-guma or directly by Mesnerhaus. Mesnerhaus GmbH is exclusively the seller, voucher issuer and debtor of the promised service; e-guma is the technical system provider.
7.2 The contract for a voucher is concluded in accordance with Section 2. For online payment and the Print@Home delivery method, the voucher is sent as a PDF to the stated email address after successful payment confirmation. For payment by invoice or advance payment, the voucher is activated for redemption only after receipt of payment has been recorded in e-guma. Postal delivery or collection is owed only if that delivery method was offered and selected in the checkout.
7.3 Each e-guma voucher has an individual voucher or security code. Multiple printouts or digital copies of the same voucher do not create multiple claims. Only the status stored in e-guma and the current balance recorded there are authoritative. A voucher that has already been fully redeemed, blocked, cancelled or not yet paid cannot be redeemed again.
7.4 Value vouchers purchased for consideration may be redeemed within the statutory limitation period. Unless a shorter period has been validly agreed and objectively justified, this period is generally 30 years from the date of issue. A shorter period displayed technically in the e-guma system does not limit mandatory statutory claims.
7.5 For vouchers for a specifically designated service, such as a particular menu or an overnight stay, the designated service may be redeemed for three years from the date of issue to the stated extent and without a price-related surcharge, unless a longer price guarantee is stated. Thereafter, at least the amount actually paid remains creditable; any difference from the then-current price must be paid.
7.6 Value vouchers may be partially redeemed where supported by the technical e-guma functions. Any remaining balance in e-guma is retained and may be used for later redemptions. No interest is paid on the balance. Cash payment is excluded unless mandatory law or a valid reversal of the purchase contract requires otherwise.
7.7 Vouchers are transferable unless expressly personalised or tied to particular eligibility requirements. A person presenting the voucher or code is generally deemed authorised to use it. Where there is a justified suspicion of misuse, Mesnerhaus may request suitable evidence and temporarily block the voucher pending clarification.
7.8 The purchaser and the respective holder must protect the voucher and voucher code against unauthorised access. In the event of loss, theft or misuse, there is an entitlement to blocking or replacement only if the voucher can be clearly identified by means of the code, order number or other order data, has not yet been redeemed, and entitlement is credibly demonstrated.
7.9 Redemption depends on availability of the desired service and, where applicable, timely reservation. A voucher does not create an entitlement to a specific date, room or table unless expressly confirmed. If the price of the selected service exceeds the creditable voucher value, the difference must be paid.
7.10 Different redemption periods, minimum stays, minimum spend, blackout periods, non-combinability and other conditions may be stipulated for free discount, loyalty, goodwill or promotional vouchers. These conditions are communicated when the voucher is issued and, where technically possible, in the e-guma voucher text. Such vouchers cannot be redeemed for cash.
7.11 In the event of a valid statutory withdrawal, justified termination of the contract or agreed refund, the relevant e-guma order is cancelled or the voucher is blocked. Refunds are generally made using the same means of payment used for the original payment unless another arrangement has been validly agreed.
7.12 The purchaser is responsible for the accuracy of the email, billing and delivery details entered in the e-guma shop. Identifiable delivery problems or incorrect data must be reported to Mesnerhaus without delay. Statutory rights in the event of non-delivery or defective delivery remain unaffected.
Section 8 Event tickets and events
8.1 Tickets purchased through e-guma or directly from Mesnerhaus are valid for the specified event, the stated date and, where applicable, the allocated seat. Mesnerhaus is the organiser and contracting party. As a rule, there is no statutory right of withdrawal from a distance contract for date-specific leisure events.
8.2 Tickets are transferable unless expressly personalised or subject to special participation requirements. Commercial resale, auctioning or use for advertising or prize-draw purposes requires the consent of Mesnerhaus.
8.3 e-guma tickets contain an individual QR code, barcode or security code. Duplicated tickets entitle only the first valid admission. In the event of loss or damage, replacement may be claimed only if the ticket can be clearly identified and blocked and has not yet been used. The risk of unauthorised use is borne by the person who passed on the ticket code or failed to protect it adequately, unless mandatory law provides otherwise.
8.4 If an event is cancelled by Mesnerhaus, the ticket price paid is refunded. If the event is postponed to another date, the ticket generally remains valid. If the customer cannot attend the replacement date, the customer may request a refund of the ticket price within the reasonable period communicated.
8.5 Mesnerhaus reserves the right to make immaterial changes to the programme, cast, menu or schedule for objective reasons, provided the overall character of the event is preserved. In the event of material changes, the customer is entitled to the statutory rights.
8.6 Incidental expenses incurred by the customer, in particular travel, accommodation or other costs, are reimbursed in the event of cancellation or postponement only to the extent required by law or expressly promised.
8.7 Mesnerhaus may exclude persons from an event in the event of serious breaches of safety instructions, danger to others, substantial disruption or misuse of tickets. Statutory rights and the proportionality of the measure must be observed.
Section 9 Offers, packages and third-party services
9.1 Offers and packages may combine accommodation, food and beverage services and other services provided by Mesnerhaus itself. The content, period, minimum stay, availability, blackout periods and price are stated in the respective service description and confirmation.
9.2 Combining an overnight stay with breakfast, half board, full board or another service intrinsically linked to accommodation does not generally constitute a package holiday. If an offer includes further travel services, the Austrian Package Travel Act (PRG) or provisions on linked travel arrangements may apply.
9.3 Where an offer is legally classified as a package holiday or linked travel arrangement, the mandatory statutory information, liability and insolvency-protection provisions apply. Any conflicting provisions of these GTC recede accordingly.
9.4 A third-party service is deemed merely intermediated only if the third-party provider and Mesnerhaus’s role as intermediary are clearly identified before the contract is concluded and the contract for that service is concluded directly with the third-party provider. In that case, the third-party provider’s validly incorporated terms apply to the third-party service; Mesnerhaus is liable for its own intermediation and booking errors in accordance with statutory provisions.
9.5 Where Mesnerhaus itself is the contracting party or is deemed the organiser of a combination of services under mandatory law, responsibility for proper performance cannot be excluded by describing a component as a third-party service.
Section 10 Statutory right of withdrawal for distance contracts
10.1 Consumers generally have a statutory 14-day right of withdrawal for contracts concluded online, by telephone or otherwise at a distance, unless a statutory exception applies. For services, the period generally begins on the day the contract is concluded; for goods, it generally begins upon receipt.
10.2 In particular, there is no statutory right of withdrawal for services relating to accommodation other than for residential purposes, the supply of food and beverages, or leisure activities where the contract provides for a specific date or period of performance. This typically concerns confirmed hotel stays, date-specific catering services and dated event tickets.
10.3 Consumers generally have a statutory 14-day right of withdrawal for unused value and service vouchers purchased online via the e-guma shop without a fixed service date. Withdrawal may in particular be declared using the “Record withdrawal” online function provided in the e-guma shop or by any of the methods specified in the withdrawal information. Details are set out in Annex 1.
10.4 If the consumer expressly requests that a service subject to withdrawal begin during the withdrawal period, the statutory consequences for services already rendered may apply in the event of withdrawal. The right of withdrawal expires upon full performance of the service only under the conditions provided by law, in particular following the consumer’s express consent and acknowledgement.
10.5 Statutory rights of withdrawal, warranty rights and rights arising from mistake remain unaffected by contractual cancellation rules. The terms “revocation” and “withdrawal” are used synonymously in this context.
Section 11 Warranty, performance disruptions and liability
11.1 The statutory provisions on warranty and damages apply to defects and performance disruptions. Mandatory consumer rights are not restricted.
11.2 Mesnerhaus is liable for personal injury and property damage in accordance with the statutory provisions. Liability for intent or gross negligence and for personal injury is not excluded or limited. In cases of slight negligence, Mesnerhaus is in any event liable for breach of material contractual obligations to the extent provided by law.
11.3 Sections 970 et seq. of the Austrian Civil Code (ABGB) apply to property brought onto the premises by hotel guests. The statutory liability limit of EUR 550.00 applies to valuables, money and securities unless the items were accepted for special safekeeping with knowledge of their nature or the loss was caused through fault on the part of Mesnerhaus or its staff.
11.4 Any loss, damage or destruction of property brought onto the premises must be reported immediately upon becoming known. Failure to report may impair the enforcement of statutory claims.
11.5 No safekeeping agreement is established for vehicles parked in freely accessible or unattended parking areas unless safekeeping has been expressly agreed. Mesnerhaus is liable for damage caused through fault in accordance with the statutory provisions.
11.6 Complimentary additional services, such as internet access or generally accessible information, are provided subject to availability. Continuous fault-free availability is not guaranteed; mandatory rights and liability for damage caused through fault remain unaffected.
11.7 The contracting party is liable in accordance with the statutory provisions for damage culpably caused by the contracting party, fellow travellers, visitors or animals brought onto the premises. Normal wear and tear is not included.
Section 12 Pets and assistance dogs
12.1 Dogs are permitted only following prior notification and confirmation, and only in designated rooms or areas. The number and size of the dogs must be stated when booking. The fee is EUR 35 per dog per night and includes a mat, bowl and food. Other pets are not accepted.
12.2 Animals must be supervised so that they do not endanger or unreasonably disturb other guests or staff, or damage property. They may be left unattended in the room only with express consent. Soiling and damage must be reported immediately.
12.3 Access for dogs to restaurant, kitchen or other sensitive areas is governed by the hygiene and operating rules communicated in each case. Legally recognised assistance dogs are admitted to the extent provided by law; prior notification is requested where practicable to allow the best possible preparation.
12.4 The animal keeper is liable in accordance with the statutory provisions for damage caused by the animal and for additional cleaning expenses exceeding the agreed fee.
Section 13 Force majeure and exceptional circumstances
13.1 If a service cannot be provided, or can be provided only with material changes, due to unavoidable and exceptional circumstances beyond Mesnerhaus’s reasonable control, Mesnerhaus will inform the contracting party as soon as possible and, where reasonable, offer a substitute service, rebooking or a refund for services not provided.
13.2 Exceptional circumstances may include, in particular, natural events, fire, closures ordered by authorities, epidemics, significant failures of critical infrastructure, industrial action outside Mesnerhaus’s own operations or comparable events. The legal consequences are governed by the applicable mandatory provisions and the specific contract.
13.3 Adverse weather, lack of snow, restricted availability of individual leisure activities or personal impediments to travel do not automatically constitute impossibility of the performance owed by Mesnerhaus.
Section 14 Communication, data protection and dispute resolution
14.1 Contract-related notices may be sent to the postal or email addresses provided when booking. The contracting party must promptly notify Mesnerhaus of any changes to their contact details. Statutory requirements for receipt of notices remain unaffected; no deemed-receipt provision to the detriment of consumers is agreed.
14.2 Personal data is processed in accordance with the applicable data protection provisions. Details are set out in Mesnerhaus’s privacy policy as amended from time to time. The privacy policy does not form part of any limitation of services and does not affect the customer’s contractual rights.
14.3 Complaints may be sent to office@mesnerhaus.at or in writing to Mesnerhaus GmbH, Markt 56, 5570 Mauterndorf. Mesnerhaus endeavours to reach a prompt and amicable solution.
14.4 Consumers may contact the state-recognised conciliation body “Schlichtung für Verbrauchergeschäfte”. Mesnerhaus will participate in proceedings where required by law or where it agrees to do so in an individual case. Information obligations under the Austrian Alternative Dispute Resolution Act remain unaffected.
Section 15 Choice of law, place of performance and jurisdiction
15.1 Austrian law applies. For consumers habitually resident in another country, those mandatory protective provisions that would apply under the law of that country in the absence of a choice of law remain unaffected.
15.2 The United Nations Convention on Contracts for the International Sale of Goods is excluded to the extent it would otherwise apply to the relevant contract.
15.3 The place of performance is Mauterndorf unless mandatory law provides otherwise.
15.4 The statutory places of jurisdiction apply to claims brought by or against consumers. In relation to businesses, the court with subject-matter jurisdiction at the registered office of Mesnerhaus GmbH is agreed as the exclusive place of jurisdiction, insofar as such an agreement is permitted by law.
Section 16 Final provisions
16.1 The version of these Terms and Conditions validly incorporated when the contract is concluded applies. Subsequent amendments do not apply retrospectively to contracts already concluded unless expressly agreed or required by law.
16.2 Should any provision be or become wholly or partially invalid, the remaining provisions remain effective. The invalid provision is replaced by the applicable statutory provision. In relation to consumers, an impermissible clause will not be reduced to its maximum permissible scope in order to preserve its validity.
16.3 Headings are for ease of reference only and do not affect interpretation. Individual commitments and mandatory statutory rights take precedence.
16.4 This version applies from 1 August 2026.
Annex 1: Withdrawal information
For undated vouchers purchased via e-guma or otherwise at a distance
| Scope This withdrawal information applies in particular to value and service vouchers purchased for consideration without a service date already booked. As a rule, no statutory right of withdrawal applies to hotel bookings, date-specific catering services and dated event tickets. |
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us – Mesnerhaus GmbH, Markt 56, 5570 Mauterndorf, Austria, telephone +43 6472 7595, email office@mesnerhaus.at – of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). For online orders via e-guma, you may also use the “Record withdrawal” function, which is easy to find in the voucher shop. After submitting it, you will receive electronic confirmation of receipt. You may also use the model withdrawal form attached as Annex 2, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we must reimburse all payments received from you, including the cost of standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal. Additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us will not be reimbursed.
For the reimbursement, we will use the same means of payment that you used for the original payment unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
The withdrawn voucher will be blocked or cancelled in e-guma and may no longer be used. A voucher supplied in physical form must be returned upon request where this is necessary to prevent further use. The consumer bears the direct cost of returning it only if this was properly communicated before the contract was concluded.
Early performance
If you have expressly requested that a service subject to withdrawal begin during the withdrawal period and subsequently withdraw, you may owe a reasonable amount provided by law for the portion already performed up to the time of withdrawal. Upon full performance of the contract, the right of withdrawal expires only if the statutory conditions are met, in particular if you expressly consented to the early commencement and acknowledged the loss of the right of withdrawal upon full performance.
No right of withdrawal for specified dates
The right of withdrawal does not apply to contracts for accommodation other than for residential purposes, date-specific catering services or leisure services where the contract provides for a specific date or period. These include, in particular, confirmed hotel stays, date-specific restaurant services and dated event tickets.
Annex 2: Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
| To: Mesnerhaus GmbH Markt 56 5570 Mauterndorf Austria Email: office@mesnerhaus.at I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following voucher / provision of the following service: ____________________________________________________________ Ordered on (*) / received on (*): ___________________________ Name of consumer(s): _______________________________________ Address of consumer(s): ____________________________________________________________ ____________________________________________________________ Date: ____________________ Signature (only if notified on paper): ____________________________________________________________ (*) Delete as appropriate. |