General Terms and Conditions

General Terms and Conditions of My Alpenwelt Resort based on the AGBH for the Hotel Industry 2006 as amended on 15.11.2006, continuously updated.

Table of contents
 

§ 1 Scope of application

§ 2 Definitions of terms

§ 3 Conclusion of contract - down payment

§ 4 Start and end 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 damage to property brought in

§ 12 Limitations of liability

§ 13 Keeping of animals

§ 14 Extension of the accommodation

§ 15 Termination of the accommodation contract - early termination

§ 16 Illness or death of the guest in the accommodation contract

§ 17 Place of fulfillment, place of jurisdiction and choice of law

§ 18 Other

 

§ 1 Scope of application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

 

§ 2 Definitions of terms

2.1 Definitions of terms:

• “Accommodation provider”: is a natural or legal person who accommodates guests in return for payment.
• “Guest”: Is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons traveling with the contracting party (e.g. family members, friends, etc.).
• “Party”: is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
• “Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the 1979 Consumer Protection Act as amended.
• “Accommodation contract”: Is 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 - down payment

3.1 The Accommodation Agreement shall come into effect upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the published business hours of the Proprietor.

3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the condition that the Party makes a down payment. In this case, 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 come into effect upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.

3.3 The Party shall be obliged to pay the down payment no later than 7 days (receipt) after booking. The costs for the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective conditions of the card companies apply

3.4 The deposit is a partial payment of the agreed fee.

 

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different time of occupancy, the Party shall have the right to occupy the rented rooms from 4 p.m. on the agreed day (“day of arrival”).

4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.

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

 

§ 5 Withdrawal from the Accommodation Agreement - Cancellation fee

Withdrawal by the Proprietor

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

5.2 If the Guest does not show up by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to provide accommodation unless a later time of arrival has been agreed.

5.3 If the contracting party has paid a deposit (see 3.3), the rooms shall remain reserved until 12.00 noon on the day following the agreed arrival date at the latest. In the case of advance payments of more than four days, the obligation to provide accommodation shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.

5.4 Unless otherwise agreed, the Proprietor may terminate the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the Party.


Withdrawal by the Party - Cancellation fee

5.5 The Accommodation Agreement may be rescinded by unilateral declaration by the Party no later than 3 months before the agreed date of arrival of the Guest without payment of a cancellation fee.

5.6 Outside the period specified in § 5.5, a withdrawal by unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees and in writing:

- up to 1 month before the date of arrival 40% of the total package price;
- up to 1 week before the date of arrival 70% of the total package price;
- in the last week before the day of arrival 90% of the total package price, in case of no-show and early departure 100%.

In the event of a chargeable cancellation, we take the liberty of charging your credit card directly with the cancellation fees incurred.

Important: These cancellation conditions apply regardless of whether the canceled rooms are re-let in whole or in part.
 

 

Impediments to arrival

5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall be obliged to pay the agreed remuneration for the days of arrival.

In the event of blackouts, power failures, floods, landslides, closed roads, avalanche danger or other disruptions / failures due to force majeure, we cannot grant any price reductions or refunds.

 

In the event of a chargeable cancellation, we take the liberty of charging your credit card directly with the applicable cancellation fees.

 

§ 6 Provision of substitute accommodation

6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.

6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation shall be borne by the Proprietor.

 

§ 7 Rights of the contractual partner

7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are customarily accessible to the guests for use without any special conditions, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

 

§ 8 Obligations of the contractual partner

8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by the Party and/or the accompanying guests plus statutory VAT by the time of departure at the latest.

8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.

 

§ 9 Rights of the Proprietor

9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.

9.2 If service is requested in the room of the Party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be indicated on the room price list. The Proprietor may also refuse these services for operational reasons.

9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.

 

§ 10 Obligations of the Proprietor

10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.

10.2 Special services of the Proprietor that are not included in the accommodation fee and that are subject to a separate charge are exemplary:

• Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;
• a reduced price is charged for the provision of additional beds or cribs.

 

§ 11 Liability of the Proprietor for damage to items brought in

11.1 The Proprietor shall be liable pursuant to sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees and the outgoing and incoming persons. Pursuant to § 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount stipulated in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage location, the accommodation provider shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the Party or Guest shall be taken into account.

11.2 The Proprietor shall not be liable for slight negligence. If the Party is an entrepreneur, liability for gross negligence shall also be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.

11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The Proprietor may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually left in safekeeping by guests of the relevant accommodating establishment.

11.5 In any case of accepted safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred upon becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall lapse.

 

§ 12 Limitations of liability

12.1 If the Party is a Consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded.

12.2 If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.

 

§ 13 Keeping animals

13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and, if necessary, for a special fee.

13.2 The Party bringing along an animal shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.

13.3 The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided at the request of the Proprietor.

13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties

13.5 Animals shall not be permitted in the lounges, lounges, restaurant rooms and wellness areas.

 

§ 14 Extension of the accommodation

14.1 The Party shall not be entitled to an extension of its stay. If the Party notifies the Proprietor of its desire to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so.

14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) that render all departure options closed or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment as a result of the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the remuneration corresponding to the price usually charged in the low season.

 

§ 15 Termination of the Accommodation Agreement - Premature termination

15.1 If the Accommodation Agreement was concluded for a fixed term, it shall end upon expiry of the term.

15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms ordered by the guest are not used and the room can be rented to other guests due to the contracting party's cancellation. The burden of proof of the savings shall be borne by the contracting party.

15.3 The contract with the Proprietor shall end upon the death of a Guest.

15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement by 10:00 a.m. of the third day prior to the intended end of the Agreement.

15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest

• makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, the owner's staff or third parties staying in the accommodating establishment or commits an act against property, morality or physical safety towards these persons that is punishable by law;
   
• is afflicted with a contagious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
   
• fails to pay the submitted invoices when due within a reasonably set period (3 days).
   

15.6 If the fulfillment of the Agreement becomes impossible due to an event to be deemed force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the Party shall be excluded.

 

§ 16 Illness or death of the Guest

16.1 If a guest falls ill during his/her stay at the accommodating establishment, the accommodation provider shall provide medical care at the guest's request. If there is imminent danger, the Proprietor shall arrange for medical care even without a special request by the Guest, in particular if this is necessary and the Guest is unable to do so himself.

16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest's expense. However, the scope of these care measures shall end at the time when the guest is able to make decisions or the relatives have been notified of the illness.

16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:

• open medical costs, costs for ambulance transportation, medication and medical aids
• c) laundry, bed linen and bed furnishings that have become unusable, or otherwise for the disinfection or thorough cleaning of all these items,
• restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,
• room rent, insofar as the room was used by the guest, plus any days on which the rooms were unusable due to disinfection, evacuation, etc,
• any other damage incurred by the accommodation provider.

 

§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance shall be the place where the accommodation establishment is located.

17.2 This Agreement shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.

17.4 If the Accommodation Agreement was concluded with a Party that is a Consumer and has its place of residence or habitual abode in Austria, legal action may only be brought against the Consumer at the Consumer's place of residence, habitual abode or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

 

§ 18 Other

General information: 

There is no entitlement to a refund for services not consumed.

You will not receive a refund for any dinner not consumed. You are welcome to use the MY ALPENWELT APP to choose selected dishes from our Friends menu at a special “Friends” price 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 arrange appointments for included treatments directly when booking the package as early as possible in advance. Appointments cannot be booked on site. You are welcome to contact our wellness team by e-mail at spa@alpenwelt.net or by telephone on +43 6564 8282 84. Refunds are not possible.

We charge a one-off fee of € 20.00 for a room change after the room has been vacated.

 

Our rooms and suites are all described and illustrated on the website.
The interior photos are examples and may differ in layout, furnishings and decoration.
Rooms are allocated randomly according to availability and length of stay.
Individual requests can only be considered subject to availability at an additional charge.
We are unable to respond to later complaints on site.

Subject to changes and errors at any time!
MY ALPENWELT Resort reserves the right to change prices at any time.

For special room requests such as wooden floors, mountain views, carpeted floors etc. there is a surcharge of €10 per day to guarantee these requests.

Outdoor facilities such as children's playground or electric trial park are available depending on the weather and cannot be used in winter.

Special offers, discounts or special booking terms & conditions only apply to new bookings and not retroactively to existing bookings. 
Special offers, package deals or discounts of any kind etc. cannot be combined with each other.

E-bikes subject to availability. Registration at reception by 5 p.m. the day before at the latest (limited quantity).

In the event of cancelation or rebooking, a cancellation, rebooking or processing fee of € 45,- per adult will be charged.

By providing your bank account or credit card details, you authorize us to charge your credit card for all fees incurred, such as down payments and any cancellation fees (in accordance with our cancellation conditions).

In general, claims for damages against the hotel are excluded in all cases.

Errors, typing errors and changes reserved.

 

Music & events are part of our corporate concept.
We are a Lifestyle . Family & SPA Hotel.
The volume is of course adjusted at later hours.
At the weekends there are always events taking place where it can get a little louder and last longer.
If you are looking for 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 any complaints in this regard - in whatever form. Thank you very much.

In addition to the GTCs listed above, the following provisions apply to online bookings:

The accommodation contract is only concluded upon acceptance of the booking by the accommodation provider (§ 3 AGBH 2006). Fixed reservation only after down payment has been made.

By providing your account or credit card details, you authorize us to charge your credit card for all fees incurred, such as down payments and any cancellation fees (in accordance with our cancellation conditions).

 

We expressly point out that in the case of online bookings or accommodation contracts concluded by means 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 it is necessary to move to another room of the same category 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 personal responsibility and only come on vacation with us at the Alpenwelt Resort if you and your family are healthy and feel fit.
Because the well-being and health of our guests and our employees is our top priority.
... for an enjoyable vacation stay 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, guests are also legally obliged to comply with the requirements set for them by the authorities. We politely appeal to you to take personal 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, infection with the COVID-19 virus can also occur in our company. Please note that My Alpenwelt Resort Königsleiten assumes no liability for this and rejects any subsequent financial reclaims, also due to restrictions in the offer. Thank you very much for your understanding in advance and for implementing all hygiene and protective measures.

 

18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document ordering the time limit to the contracting parties, who must observe the time limit. When calculating a period determined by days, the day in which the time or event falls on which the start of the period is to be based shall not be included. Time limits determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.

18.2 Declarations must be received by the other Party on the last day of the deadline (midnight).

18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been established by a court or recognized by the Proprietor.

18.4 In the event of loopholes, the relevant statutory provisions shall apply.

18.5 As a service for our guests, we take the liberty of informing them via e-mail about news and offers from the My Alpenwelt Resort.