GENERAL TERMS AND CONDITIONS OF THE ALPENWELT RESORT
ON THE BASIS OF THE HOTEL T&C 2006 OF BUSINESS FOR HOTEL ACCOMMODATION (2006 EDITION)
Edition dated 15.11.2006, continuously updated.
Table of contents
1. Scope of applicability
2. Definition of terms
3. Conclusion of contract – payment of deposit
4. Start and end of stay
5. Withdrawal from Accommodation Contract – cancellation fee
6. Provision of replacement accommodation
7. Rights of the Guest
8. Obligations of the Guest
9. Rights of the Host
10. Obligations of the Host
11. Liability of the Host for damage to property brought in
12. Limitation of liability
13. Accommodation of animals
14. Extending a stay
15. Terminating an accommodation contract – early termination
16. Sickness or death of the Guest in the Accommodation Contract
17. Place of fulfilment, competent court and applicable law
18. Miscellaneous
1. Scope of applicability
1.1 These General Terms and Conditions of Business for Hotel Accommodation (referred to hereinafter as the "2006 Hotel T&Cs") replace the previous Austrian Hotel Contract Conditions (ÖHVB, Österreichische Hotelvertragsbedingungen) dated 23 September 1981.1.2 The 2006 Hotel T&Cs do not exclude the possibility of special agreements being concluded. The validity of the 2006 Hotel T&Cs are overridden by any specifically agreed provisions.
2. Definition of terms
2.1 Definition of terms:
- "Host": A natural or legal person that hosts Guests for payment.
- "Guest": A natural person utilising the accommodation. The Guest is generally also the Contract Partner. Guests are also those persons arriving together with the Contract Partner (e.g. family members, friends etc.)
- "Contract Partner": A natural of legal person of domestic or foreign origin who concludes an accommodation contract in their capacity as a Guest or on behalf of a Guest.
- "Consumer" and "Business Entity" The terms are stated in the context of the 1979 Austrian Consumer Protection Act in the revision currently in force.
- "Accommodation Contract" The contract concluded between the Host and the Contract Partner, the content of which is defined hereinafter.
3. Conclusion of contract – payment of deposit
3.1 The Accommodation Contract is established with the acceptance by the Host of the order issued by the Contract Partner. Electronic statements are deemed to be delivered if the party for whom it is intended is capable of accessing them under ordinary circumstances, and if they are received during the previously announced business hours of the Host.
3.2 The Host is entitled to conclude the Accommodation Contract under the condition that the Contract Partner pays a deposit. In this case, the Host is required to advise the Contract Partner of the deposit requirement prior to accepting the written or oral order from the Contract Partner. If the Contract Partner agrees by way of written or oral consent to the payment of the deposit, the Accommodation Contract is concluded once the Host has received the statement of agreement regarding the payment of the deposit by the Contract Partner.
3.3 The Contract Partner is required to pay the deposit no later than seven days (counted by the date on which the amount is credited to the account) after the booking was made. The costs for the financial transaction (e.g. transfer fees) shall be borne by the Contract Partner. For credit and debits, the respective terms and conditions of the card providers apply.3.4 The deposit is a partial payment of the agreed amount to be paid.
4. Start and end of stay
4.1 The Contract Partner is entitled to enter the rented rooms from 4:00pm of the agreed day ("Arrival Date"), unless the Host offers a different entry time.
4.2 If a room is first entered before 6:00am, the previous night is deemed to be the first night of the stay.
4.3 The rented rooms must be vacated by the Contract Partner on the day of departure no later than 12:00pm. The Host is entitled to invoice an additional day if the rented rooms are not vacated before this time.
5. Withdrawal from Accommodation Contract – cancellation fee
Withdrawal by the Host
5.1 If the Accommodation Contract requires payment of a deposit and if the deposit is not paid by the Contract Partner in good time, the Host is entitled to withdraw from the Accommodation Contract without the setting of a supplementary deadline.
5.2 If the Guest does not appear by 6:00pm on the agreed Arrival Date, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 However, if the Contract Partner has paid a deposit (refer to 3.3), the rooms will remain reserved until 12:00pm at the latest on the day after the agreed Arrival Date. If payment has been made in advance for more than four days, the obligation to provide accommodation ends at 6:00pm on the fourth day, with the Arrival Date being counted on the first day, until the Guest announces a later Arrival Date.
5.4 The Host may terminate the Accommodation Contract by way of unilateral declaration no later than three months before the agreed Arrival Date of the Contract Partner for objectively justifiable reasons unless otherwise agreed.Withdrawal by the Contract Partner – cancellation fee
5.5 The Contract Partner may terminate the Accommodation Contract by way of unilateral declaration no later than three months before the planned Arrival Date of the Guest without payment of a cancellation fee.
5.6 Outside of the timeframe established in Article 5.5, withdrawal by the Contract Partner by way of unilateral declaration is only possible with payment of the following cancellation fees and in written form:
- Up to one month before the Arrival Date – 40% of the total arrangement price;
- Up to one week before the Arrival Date – 70% of the total arrangement price;
- In the final week before the Arrival Date – 90 % of the total arrangement price, in case of non-arrival and early departure 100%.
In case of an chargeable cancellation, we take the liberty of charging your credit card for the incured cancellation fees.
Important: These cancellation conditions are independent of whether the canceled rooms are re-rented again fully or partly.
Travel hindrances
5.7 If the Contract Partner has not arrived at the accommodation company on the Arrival Date due to all travel options being excluded as a result of unpredictable and extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Contract Partner is required to pay the agreed fee for the travel dates.
In case of blackouts, power failures, floods, landslides, closed roads, avalanche danger or other disturbances / failures due to force majeure, we cannot grant any price reductions or refunds.
6. Provision of replacement accommodation
6.1 The Host may provide the Contract Partner/Guests with adequate replacement accommodation (of the same quality) insofar as it is deemed reasonable for the Contract Partner, especially if the deviation is minor and objectively justified.
6.2 Examples of an objective justification are if the room(s) become(s) unusable, guests who are already resident in the room extend their stay, there has been overbooking, or if there are other important operational measures that necessitate this step.
6.3 Any additional expenses related to the replacement accommodation shall be borne by the Host.
7. Rights of the Guest
7.1 By concluding an Accommodation Contract, the Contract Partner acquires the right to use in a normal fashion the rented room and those facilities of the accommodation company that are generally available for guests to use without specific conditions, and the right to receive the usual service and make use of the hotel facilities in the usual fashion. The Contract Partner shall exercise their rights in line with any hotel and/or guest guidelines (Hotel Code of Conduct).
8. Obligations of the Guest
8.1 The Contract Partner is required to pay the agreed price plus any additional amounts payable as a result of separate services utilised by them and/or by their accompanying guests plus VAT at the statutory rate no later than the time of their departure.
8.2 The Host is not required to accept foreign currencies. If the Host does accept foreign currencies, they will be accepted as payment, as is feasible, and at the daily rate. Should the Host accept foreign currencies or any non-cash payment methods, the Contract Partner shall bear any related costs, for example credit card company queries, telegrams etc.
8.3 The Contract Partner is liable to compensate the Host for any damage or losses caused by the Contract Partner, the Guest or any other persons utilising the services of the Host with the knowledge or will of the Contract Partner.
9. Rights of the Host
9.1 If the Contract Partner refuses payment or defaults on payment due, the Host is granted a statutory right of retention under Section 970c of the Austrian Civil Code and a statutory lien under Section 1101 of the Austrian Civil Code over the items brought by the Contract Partner/Guest. This right of retention or lien is also granted to the Host for the collateralisation of receivables from the Accommodation Contract, in particular for catering, other expenses incurred on the Contract Partner's behalf and any compensation claims of any type.
9.2 If service is requested to be provided at the room of the Contract Partner or at unusual times (after 8:00pm and before 6:00am), the Host is entitled to charge a special fee for this. This special fee must, however, be declared on the room pricing sign. The Host may refuse the performance of these services for operational reasons.
9.3 The Host is entitled to settlement of the invoice (or settlement of the amount thus far incurred) at any time.
10. Obligations of the Host
10.1 The Host is required to provide the agreed services to an extent consistent with the Host's standard.
10.2 Examples of special services provided by the Host that must be separately noted and are not included in the accommodation price include:
- Special services related to the accommodation that are to be invoiced separately, such as the provision of salons, saunas, swimming pools, solariums, garages etc.
- A reduced price will be invoiced for the provision of additional/children's beds.
11. Liability of the Host for damage to property brought in
11.1 The liability of the Host for damage to property brought in is governed by Section 970 et seqq. of the Austrian Civil Code. The Host is only deemed liable if the items are submitted to the Host or persons authorised by the Host or brought to a place instructed or designated by the above. If the Host is unable to provide proof, the Host is liable for their own culpable actions and for the culpable actions of their personnel as well as of incoming and outgoing persons. The maximum liability of the Host is limited as per Section 970, paragraph 1 of the Austrian Civil Code to the amount set by the respectively applicable revision of the Federal Act dated 16 November 1921 regarding the liability of hoteliers and other business entities. If the Contract Partner or Guest does not immediately comply with the request of the Host to store their property at a special storage location, the Host shall be subject to no liability whatsoever. The amount of any liability of the Host is limited to the liability insurance coverage of the respective Host. Any culpable actions of the Contract Partner or Guest must be accounted for.
11.2 The liability of the Host is excluded for ordinary negligence. If the Contract Partner is a Business Entity, liability is also excluded for gross negligence. In this case, the burden is upon the Contract Partner to prove culpability. No indemnity will be provided under any circumstances for consequential or indirect damages or for lost earnings.
11.3 For valuable items, money and securities, the liability of the Host is limited to presently €550.00. The liability of the Host will only exceed this amount if the Host has assumed custody of these items with full knowledge of their nature or if the damage or loss is the result of the Host's own culpable actions or those of the Host's personnel. Limitation of liability as specified under 12.1 and 12.2 applies accordingly.
11.4 The Host may refuse to take custody of valuable items, money or securities if these items are of a value significantly exceeding that of items usually given over by guests to the hotel in question for safekeeping.11.5 In all cases where custody is taken of an item, liability is excluded if the Contract Partner and/or Guest has not immediately reported the occurred loss or damage upon discovery to the Host. Moreover, such claims must be asserted by way of legal action by the Contract Partner or Guest within three years from the discovery or possible discovery; failure to do so will result in expiry of the right.
12. Limitation of liability
12.1 If the Contract Partner is a Consumer, the liability of the Host for ordinary negligence is excluded, with the exception of personal injury.
12.2 If the Contract Partner is a Business Entity, the liability of the Host for ordinary and gross negligence is excluded. In this case, the burden is upon the Contract Partner to prove culpability. No indemnity will be provided under any circumstances for consequential, intangible or indirect damages or for lost earnings. The damage or loss to be compensated is limited in all cases to the amount of the reliance interest.
13. Accommodation of animals
13.1 Animals may only be brought into the hotel with the prior consent of the Host and, if necessary, against payment of a special fee.
13.2 The Contract Partner bringing an animal is required to accommodate this animal in an appropriate fashion during their stay, to supervise it or to have it accommodated or supervised by suitable third parties at their own expense.
13.3 The Contract Partner or Guest bringing an animal must have a corresponding animal liability insurance policy or private liability insurance policy that covers possible damage caused by animals. Evidence of this insurance policy must be provided upon request of the Host.
13.4 The Contract Partner or their insurer are liable to compensate the Host jointly and severally for damage and losses caused by brought animals. Such damage and losses encompass in particular replacement services that the Host has to provide to third parties.13.5 Animals are not permitted to remain in the salons, communal areas, restaurants or spa areas.
14. Extending a stay
14.1 The Contract Partner is not entitled to have their stay extended. If the Contract Partner announces their wish to extend the stay in good time, the Host may agree to an extension of the Accommodation Contract. The Host is under no obligation in this regard.
14.2 If the Contract Partner is unable to leave the hotel on the departure date due to all travel means being unavailable or unusable as a result of extraordinary and unpredictable circumstances (e.g. extreme snowfall, floors etc.), the Accommodation Contract shall be automatically extended for the duration that departure is not impossible. A reduction in the fee for this period is at most only possible if the Contract Partner cannot use the offered services of the hotel in full as a result of the extraordinary weather conditions. The Host is entitled to ask for a fee that is at least consistent with the price usually invoiced during off-peak seasons.
15. Terminating an accommodation contract – early termination
15.1 If the Accommodation Contract has been concluded for a finite time, it will end upon expiry.
15.2 If the Contract Partner departs early, the Host is entitled to demand payment of the full amount agreed. The Host shall deduct what they have saved as a result of the offered services not being utilised or what they have received through being able to rent the ordered rooms to another party. A saving is only recognised if the hotel at the time that the rooms ordered by the Guest are not utilised has no remaining capacity and the room can be rented to other guests due to the cancellation by the Contract Partner. The burden is upon the Contract Partner to prove that a saving has been made.
15.3 The contract with the Host is terminated upon the death of a Guest.
15.4 If the Accommodation Contract has been concluded for an indefinite period, the parties to the contract may terminate the contract by 10:00am on the third day before the intended end date of the contract.
15.5 The Host is entitled to terminate the Accommodation Contract with immediate effect for good cause, in particular if the Contract Partner or Guest
- makes considerably damaging use of the premises or, through their inconsiderate, offensive or otherwise crude and inappropriate behaviour towards other guests, the proprietor or their personnel, or third parties resident in the hotel, disrupts the harmony among residents, or violates the rights of these persons by engaging in punishable actions against property, decency or physical safety;
- bears a contagious disease or a disease extending beyond the duration of the stay and requiring care;c) does not pay the presented invoices by a reasonable deadline (three days).
15.6 If the fulfilment of the contract becomes impossible as a result of a event that is deemed to be force majeure (e.g. natural disasters, strikes, lock-outs, government orders, etc.), the Host may terminate the Accommodation Contract at any time without complying with a period of notice, unless the contract has been deemed to have already been terminated under the law or the Host is exempted from their obligation to provide accommodation. Any claims of the Contract Partner to indemnity etc. are excluded.
16. Sickness or death of the Guest
16.1 If a Guest becomes ill during their stay in the hotel, the Host will ensure the provision of medical care at the request of the Guest. If there is an immediate danger, the Host will organise the provision of medical care without the specific request of the Guest, in particular in situations where this is necessary and the Guest is unable to do so personally.
16.2 While the Guest is unable to make decisions or the relatives of the Guest cannot be contacted, the Host will ensure the provision of medical care at the expense of the Guest. However, the period in which these care measures are taken ends at the time that the Guest is able to make decisions or the relatives are notified of the sickness.
16.3 The Host is entitled to reimbursement by the Contract Partner and Guest or, in the event of death, by their legal successor of the following costs in particular:
- Unsettled medical bills, costs for medical transport, medication and medical resources
- Any room disinfection that must be carried out,c) linen, bed covers or bed features that have become unusable as a result, or the disinfection or thorough cleaning of all of these items,
- Restoration of walls, furnishing, carpets, rugs etc. if they have been contaminated or damaged as a result of the sickness or death.
- Room rent, provided that the room was utilised by the Guest, plus any days that the room was unusable for due to disinfection, clearance etc.
- Any other damage or loss incurred by the Host.
17. Place of fulfilment, competent court and applicable law
17.1 The place of fulfilment is the place at which the hotel is located.
17.2 This contract is subject to Austrian formal and material law to the exclusion of conflict of laws rules (in particular the Austrian Conflict of Laws Act and the Convention on the Law Applicable to Contractual Obligations) as well as the United Nations Convention on Contracts for the International Sale of Goods.
17.3 The sole competent court in bilateral business transactions is that of the registered place of business of the Host, whereby the Host is also entitled to assert its rights with any other local and competent court.
17.4 If the Accommodation Contract has been concluded with a Contract Partner that is a Consumer (generally) residing in Austria, complaints may only be brought against the Consumer at the place of (general) residence or the place of employment of the Consumer.
17.5 If the Accommodation Contract has been concluded with a Contract Partner that is a Consumer and resides in a member state of the European Union (excluding Austria), Iceland, Norway or Switzerland, the competent court for the place of residence of the Consumer has sole jurisdiction over complaints against the Consumer.
18. Miscellaneous
General:
There is no right to a refund for non-consumed services.
For a non-consumed dinner you will not receive a refund. You are welcome to choose selected dishes from our Friends menu at an absolute "Friends" special price via the MY ALPENWELT APP until 10 p.m. if you have downloaded the APP and activated it with your activation code (you will receive this at check-in).
Please make appointments for included treatments directly when booking the package | please as early as possible in advance. Appointments cannot be booked on site. Please contact our wellness team by e-mail at spa@alpenwelt.net or by phone at +43 6564 8282 84. A refund is not possible.
For a room change after check-in into the room we charge € 20,00 once.
Our rooms and suites are all described and pictured on the website.
The interior photos are sample pictures and may differ in layout, furnishings and decoration.
Rooms are allocated randomly according to availability, length of stay.
Individual requests can only be taken into account subject to availability and at an extra charge.
We cannot respond to complaints made on site at a later date.
Changes and errors reserved at any time!
MY ALPENWELT Resort reserves the right to change prices.
For special room requests such as wooden floor, mountain view, carpet etc. there is an extra charge of 10€ per day to be able to guarantee this request.
Outdoor facilities such as children's playground or electric trial park are available depending on weather conditions and cannot be used in winter.
Special offers, discounts or special booking terms & conditions always apply only to new bookings and not retroactively to already existing bookings.
Furthermore, special offers or discounts of any kind, etc. cannot be combined with each other.
E-bikes subject to availability. Registration at the reception until 5pm the previous day at the latest (limited number of bikes).
In case of a cancellation or rebooking, we charge € 45,- per adult cancellation-, rebooking- and processing fee.
By providing your account or credit card details, you allow us to charge your credit card with all applicable fees, such as down payments and, if applicable, cancellation fees (according to our cancellation conditions).
Claims for compensation against the hotel are excluded in any case.
Errors, typos and changes reserved.
Music & events are part of our corporate concept.
We are a Lifestyle . Family & SPA Hotel.
At later hours, the volume is of course adjusted.
On the weekends there are always events, where it can be a little louder and last longer.
If you prefer a quieter room, we recommend a Deluxe Room Secret Garden, located on the north side of the hotel.
We ask for your understanding that we cannot consider complaints in this regard - in which form ever. Thank you very much.
In addition to the above-mentioned general terms and conditions, the following regulations are deemed to be agreed for online bookings:
The Accommodation Contract shall only come into effect upon acceptance of the booking by the Proprietor (§ 3 AGBH 2006). Fixed reservation only after the down payment has been made.
By providing your account or credit card details, you allow us to charge your credit card with all applicable fees, such as down payments and, if applicable, cancellation fees (according to our cancellation conditions).
We expressly point out that in the case of online bookings or accommodation contracts concluded by way of distance selling, there is no right of withdrawal within 14 days of conclusion of the contract and that our cancellation conditions (further up on this page) are expressly agreed. Our cancellation conditions replace the right of withdrawal according to the consumer rights directive of the European Union.
Due to the system, it is possible that a room can be booked online even if a move to another room of the same category is necessary during the stay. We would of course inform you of this immediately and clarify this with you.
Corona
In these special times, we would like to ask you to take special responsibility for your own and to start your holiday with us at Alpenwelt Resort only if you and your family are healthy and feel fit.
Because the well-being and health of our guests and our staff is our top priority.
... for an enjoyable holiday with us at the Alpenwelt Resort | HAPPY & SAFE.
We ask for your understanding that we can only guarantee the implementation of the relevant official regulations applicable to the hotelier. In addition, it is the case that the guest is also legally obliged to comply with the requirements set for him by the authorities. We politely appeal to your own responsibility!
Please note that there may be changes at short notice. Due to the measures to be taken, there may be restrictions in our offer. We would like to point out that despite all precautionary and protective measures, infections with the COVID-19 virus can also occur in our establishment. Please note that Alpenwelt Resort Königsleiten accepts no liability whatsoever for this and refuses to accept any subsequent financial reclaims, including those resulting from restrictions in the range of services on offer. Thank you very much for your understanding in advance and for implementing all hygiene and protective measures.
18.1 Unless otherwise stipulated by the above provisions, any specified period of time begins with the receipt of correspondence establishing the period by the Contract Partner that is required to observe this period. When calculating a period specified in days, the day on which the point in time or event marks the start of the period is not counted. Periods specified in weeks or months relate to those days of the week or month that are equivalent in terms of their name or number to that day from which the period begins. If this day does not exist in the month, the last day in that month applies instead.
18.2 Declarations must be received by the other Contract Partner by the last day of the period (11:59pm).
18.3 The Host is entitled to offset claims of the Contract Partner with claims of its own. The Contract Partner is not entitled to offset claims of the Host with claims of its own unless the Host is insolvent or the claim of the Contract Partner has been affirmed by a court of law or recognised by the Host.
18.4 Should situations arise not governed by way of agreement, the corresponding statutory provisions apply.
18.5 As a service for our guests, we inform them by e-mail about news and offers from the Alpenwelt Resort.
