Terms & Conditions
GENERAL TERMS AND CONDITIONS
Table of Contents
§1 Scope of Application
§2 Definitions
§3 Conclusion of Contract – Deposit
§4 Commencement and Termination of Accommodation
§5 Withdrawal from the Accommodation Contract – Cancellation Fee
§6 Provision of Substitute Accommodation
§7 Rights of the Contracting Party
§8 Obligations of the Contracting Party
§9 Rights of the Accommodation Provider
§10 Obligations of the Accommodation Provider
§11 Liability of the Accommodation Provider for Items Brought In
§12 Limitations of Liability
§13 Keeping of Animals
§14 Extension of Accommodation
§15 Termination of the Accommodation Contract – Early Cancellation
§16 Illness or Death of the Guest
§17 Place of Performance, Jurisdiction and Choice of Law
§18 Miscellaneous
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB version dated 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. In the event of individually agreed provisions, these shall take precedence over the AGBH 2006.
§ 2 Definitions
2.1 Definitions:
„Accommodation Provider“: A natural or legal person who accommodates guests for remuneration.
„Guest“: A natural person who makes use of accommodation services. The guest is generally also the contracting party. Guests also include persons travelling together with the contracting party (e.g. family members, friends, etc.).
„Contracting Party“: A natural or legal person from within or outside Austria who concludes an accommodation contract as a guest or on behalf of a guest.
„Consumer“ und „Entrepreneur“: These terms shall be understood in accordance with the Austrian Consumer Protection Act (KSchG) as amended.
„Accommodation Contract“: The contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded upon acceptance of the contracting party’s order by the accommodation provider. Electronic declarations shall be deemed received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the accommodation provider’s announced business hours.
3.2 The accommodation provider may conclude the accommodation contract subject to the condition that the contracting party pays a deposit. In this case, the accommodation provider must inform the contracting party of the required deposit before accepting the order. The contract becomes valid upon receipt of the contracting party’s declaration of consent regarding payment of the deposit.
3.3 The contracting party must pay the deposit no later than 7 days (received) before the start of accommodation. Transaction costs (e.g. bank transfer fees) shall be borne by the contracting party. Credit and debit card payments are subject to the respective card company’s terms.
3.4 The deposit constitutes a partial payment of the agreed remuneration.
§ 4 Commencement and Termination of Accommodation
4.1 Unless otherwise agreed, the contracting party may occupy the rented rooms from 4:00 p.m. on the agreed arrival day.
4.2 If a room is occupied for the first time before 6:00 a.m., the preceding night shall count as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 noon on the day of departure. The accommodation provider is entitled to charge an additional day if the rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the contract provides for a deposit and the contracting party fails to pay it on time, the accommodation provider may withdraw from the contract without granting a grace period.
5.2 If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time was agreed.
5.3 If a deposit has been paid, the accommodation remains reserved until 12:00 noon of the day following the agreed arrival day. In the case of advance payment exceeding four days, the obligation to accommodate ends at 6:00 p.m. on the fourth day, with the arrival day counting as the first day, unless the guest announces a later arrival.
5.4 Up to 3 months before the agreed arrival date, the accommodation provider may terminate the contract for objectively justified reasons unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 Up to 3 months before the agreed arrival date, the contracting party may withdraw without cancellation fees by unilateral declaration.
5.6 Outside this period, withdrawal is only possible subject to the following cancellation fees:
- up to 1 month before arrival: 40 % of the total arrangement price
- up to 1 week before arrival: 70 % of the total arrangement price
- in the last week before arrival: 90 % of the total arrangement price
(Overview:
- up to 3 months: no fee
- 3 months to 1 month: 40 %
- 1 month to 1 week: 70%
- last week: 90%)
Travel Impediments
5.7 If the contracting party cannot arrive on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding), and all travel options are impossible, the contracting party is not obliged to pay for the days of non-arrival.
5.8 The obligation to pay resumes as soon as arrival becomes possible again, provided this occurs within three days.
§ 6 Provision of Substitute Accommodation
6.1 Any additional expenses for substitute accommodation shall be borne by the accommodation provider.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires the right to customary use of the rented rooms and the facilities of the accommodation establishment accessible to guests without special conditions, as well as to customary service. Rights must be exercised in accordance with any applicable hotel or guest guidelines (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party must pay the agreed remuneration plus any additional charges incurred through separate services used by him/her and/or accompanying guests, including statutory VAT, no later than at departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If accepted, payment shall be taken at the daily exchange rate where feasible. Costs related to such payments shall be borne by the contracting party.
8.3 The contracting party is liable to the accommodation provider for any damage caused by him/her, the guest, or other persons receiving services with the contracting party’s knowledge or consent.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses payment or is in arrears, the accommodation provider has the statutory right of retention under § 970c ABGB and a statutory lien under § 1101 ABGB on items brought in by the contracting party or guest.
9.2 Room service requested in the contracting party’s room or at unusual hours (after 8:00 p.m. and before 6:00 a.m.) may be subject to a special charge, which must be displayed on the room price list. The accommodation provider may refuse such services for operational reasons.
9.3 The accommodation provider has the right to invoice services at any time or issue interim invoices.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider must provide the agreed services to an extent consistent with its standard.
10.2 Special services not included in the accommodation price include, for example:
a) provision of lounges, sauna, indoor pool, swimming pool, solarium, garage etc.;
b) reduced prices may apply for extra or children’s beds.
§ 11 Liability for Items Brought In
11.1 The accommodation provider is liable under §§ 970 ff ABGB for items brought in. Liability applies only if the items were handed over or placed in a designated area. Liability is limited to the amount set by Austrian law. The provider’s liability is further limited to the maximum coverage of its liability insurance. Contributory negligence of the contracting party/guest is considered.
11.2 For valuables, cash and securities, liability is limited to € 550. Liability beyond this exists only if such items were knowingly accepted for safekeeping or damage was caused intentionally by the provider or its staff.
11.3 The accommodation provider may refuse safekeeping of valuables that are significantly more valuable than those normally deposited by guests.
§ 12 Limitations of Liability
12.1 If the contracting party is an entrepreneur, liability of the accommodation provider for slight and gross negligence is excluded. The contracting party bears the burden of proof. Consequential, immaterial, indirect damages and lost profits are not compensated. Compensation is limited to the reliance interest.
§ 13 Keeping of Animals
13.1 Animals may only be brought into the establishment with prior consent and possibly against special remuneration.
13.2 The contracting party must properly supervise the animal or arrange third-party supervision at his/her expense.
13.3 The contracting party/guest must have appropriate liability insurance covering damages caused by animals.
13.4 The contracting party and/or insurer are jointly liable for damages caused by animals, including any compensation owed to third parties.
13.5 Animals are not permitted in lounges, common rooms, restaurants, or wellness areas.
§ 14 Extension of Accommodation
14.1 The contracting party has no right to an extension. The accommodation provider may agree at its discretion.
14.2 If departure is impossible due to extraordinary circumstances (e.g. extreme snowfall), the contract is automatically extended for the duration of the impediment. A price reduction is only possible if services cannot be fully used.
§ 15 Termination – Early Cancellation
15.1 A fixed-term contract ends upon expiry.
15.2 The death of a guest terminates the contract.
15.3 An open-ended contract may be terminated by either party by 10:00 a.m. on the third day before the intended end.
15.4 The accommodation provider may terminate the contract immediately for important reasons, especially if the guest:
a) misuses the premises or behaves offensively/disruptively;
b) suffers from an infectious illness or becomes in need of care;
c) fails to pay invoices within a reasonable period (3 days).
15.5 If performance becomes impossible due to force majeure, the accommodation provider may terminate without notice. Claims for damages are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill, the accommodation provider shall arrange medical care upon request. In emergencies, this will occur without request.
16.2 Until the guest can make decisions or relatives can be contacted, medical care will be provided at the guest’s expense.
16.3 The accommodation provider may claim reimbursement for costs including:
a) medical expenses, transport, medication
b) necessary disinfection
c) unusable laundry/bedding
d) cleaning/restoration of furnishings
e) room rent during use or unusability
f) other damages incurred
§ 17 Place of Performance, Jurisdiction and Choice of Law
17.1 Place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian law excluding private international law and the UN Convention on Contracts for the International Sale of Goods.
17.3 Exclusive jurisdiction for business-to-business contracts is the provider’s registered office. The provider may also sue at any other competent court.
17.4 For consumers domiciled in Austria, claims may only be brought at the consumer’s place of residence, habitual residence, or workplace.
17.5 For consumers domiciled in an EU member state (excluding Austria), Iceland, Norway or Switzerland, jurisdiction lies exclusively with the competent court at the consumer’s domicile.
§ 18 Miscellaneous
18.1 If no special provisions apply, statutory rules govern. Time limits begin upon delivery of the document triggering the deadline.
18.2 Declarations must be received by the other contracting party no later than the last day of the deadline (midnight).
18.3 The accommodation provider may offset claims against those of the contracting party. The contracting party may not offset unless the provider is insolvent or the claim is legally established or acknowledged.
18.4 In case of regulatory gaps, the relevant statutory provisions apply.
The subsidiaries of Alpin Family GmbH are:
APSK Betriebs GmbH & Co KG (AvenidA Panorama Suites Kaprun) | FN 458192 M
24BAK Betriebs GmbH & Co KG (24 by AvenidA Hotel & Residences Kaprun) | FN 474768 P
SGBAL Betriebs GmbH & Co KG (Stockinggut by AvenidA Hotel - Residences) | FN 486505 Z
Alpin Rentals SUR GmbH | FN 287963 A
AMLK Betriebs GmbH & Co KG (AvenidA Mountain Lodges Kaprun) FN 534205 X
AMLS Betriebs GmbH & Co KG (AvenidA Mountain Lodges Saalbach) | FN 534204 W
SGSZ Betriebs GmbH & Co KG (Ski & Golf Suites Zell am See) | FN 534209 B
MLR Betriebs GmbH & Co KG (The House, Zell am See) | FN 486503 X
Elements Betriebs GmbH & Co KG (Elements Resort, Zell am See) | FN 511355 V
Glemm Betriebs GmbH & Co KG (Glemm by AvenidA) | FN 529423 P
Flachauerhof Betriebs GmbH & Co KG (Flachauerhof) | FN 558861 F
Nikolaus Betriebs GmbH & Co KG (Nikolaus by AvenidA) | FN 556256 Z
TGHZ Betriebs GmbH & Co KG (The Gast House) | FN 577220 D
NMA Betriebs GmbH & Co KG (Mein Almhof) | FN 577221 F
Nauders Gastronomie GmbH & Co KG (LUIS Restaurant) | 599910 X
SAN Betriebs GmbH & Co KG (Schwarzer Adler Nauders) | FN 599908 V
NMA Suites GmbH & Co KG (Suites by Mein Almhof) | FN 599909 W
Burgwald Betriebs GmbH & Co KG | FN 558861 F