General Terms & Conditions (GTC)
§ 1 Legal Scope
The following General Terms & Conditions apply to all offers, reservations and contracts with respect to
all accommodations that are rented out by Alps Residence Holidayservice GmbH.
§ 2 Definition of Terms
Lodging Provider: Is a natural or legal person who provides lodgings to guests in exchange
for remuneration.
Guest: Is a natural person who avails himself of lodgings. As a rule, the Guest is
simultaneously the Contractual Partner. A Guest is also deemed to be any
persons who arrive with the Contractual Partner (e.g.: family members,
friends, etc.)
Contractual Partner: Is a natural or legal person, either Austrian or foreign, who enters into a
Lodging Agreement as a Guest or on behalf of a Guest.
Lodging Agreement: Is the contract entered into between the Lodging Provider and the
Contractual Partner, the content of which is further stipulated as follows.
§ 3 Conclusion of the Contract – Deposit
The Lodging Agreement comes into effect upon acceptance of the order from the Contractual Partner
by the Lodging Provider. Electronic declarations are deemed to have been received if the party for whom
they are intended will be able to access them under normal circumstances and during the Lodging
Provider’s commonly known hours of business.
Upon commencement of the booking period, the accommodations may no longer be handed over for
use or the use thereof be relinquished other than to those persons cited in the agreement, unless this is
expressly stipulated in writing between the parties. Up until commencement of the booking period, you
may demand that third parties enter into the rights and obligations deriving from the contract. In that
case, you as well as the new lodger will be jointly liable for the cost of the stay as well as any
supplemental charges. In order to cover administrative efforts and associated costs, you will be charged
a flat rate of €15.
The Lodging Provider is entitled to enter into the Lodging Agreement subject to the Contractual Partner
paying a deposit. In such a case, the Lodging Provider is required to inform the Contractual Partner
about the required deposit prior to acceptance of the Contractual Partner’s written or oral order. If the
Contractual Partner declares his consent to the deposit (either orally or in writing), the Lodging
Agreement comes into effect upon receipt of the consent declaration pertaining to payment of the
deposit on the part of the Contractual Partner.
The deposit constitutes partial payment of the stipulated remuneration.
§ 4 Prices
Pursuant to the written booking confirmation, you are required to pay the price as stipulated. The only
obligation with respect to the booking is the total price as stated in said confirmation. Price discounts
and/or special offers may no longer be applied after the reservation confirmation has been sent. These
must be specified at the time of reservation (by telephone) or entered (via the Internet).
All prices include value added tax unless stated to the contrary.
If, subsequent to conclusion of the contract and with an arrival date of more than 4 months hence,
amended statutes have resulted in an increase in the rate of value added tax, the cost of the stay will
be raised consistent with the percentage increase in the applicable value added tax rate.
Aside from the cost of the stay, costs for final cleaning and the laundry package (bedding and towels),
local tourism taxes and/or miscellaneous fees as well as any potential costs associated with travel
cancellation insurance purchased separately, shall be paid either prior to arrival or on-site.
§ 5 Commencement and Conclusion of Lodging
The Contractual Partner has the right, insofar as the Lodging Provider has not stipulated another time,
to assume occupancy of the rented premises between 3 and 4 PM of the stipulated date (“arrival day”).
If a chalet/apartment is first occupied prior to 6 AM, then the previous night will count as the first night
of occupancy. The rented premises shall be vacated by the Contractual Partner by 10 AM of the
departure date. The Lodging Provider is entitled to bill an additional day if the rented premises are not
vacated punctually.
§ 6 Payments and Deposits
For reservations of a rental unit, a deposit equivalent to 30% of the total cost is required. The remaining
amount due for the rental unit must have been deposited to the stipulated bank account by no later than
30 days prior to commencement of the stay.
With respect to reservations made within 4 weeks of the commencement of the stay, the full amount shall be paid when receiving the reservation confirmation. In the event of delayed payment the Lodging Provider may rescind the contract and you will be liable in full for related damages, including any costs associated with the reservation as well as dissolution of the contract. Any payments already received will be used to offset any cancellation penalties as well as associated processing expenses.
At the commencement of occupancy, the Lodging Provider will demand payment of a security deposit
in the amount of € 0 to € 350 per rental unit. If no security deposit payment is received, the renter and
his fellow occupants may be denied use of the accommodations.
If payment of the security deposit is late, the Lodging Provider is entitled to rescind the contract with
immediate effect (cancellation).
The amount of the security deposit will be refunded upon departure, if the accommodations are
relinquished in a proper, undamaged state. Potential claims for damages are not forfeited due to the
refund of the security deposit.
§ 7 Withdrawal from the Lodging Agreement
Withdrawal by the Lodging Provider:
Should the Lodging Agreement require a deposit and if said deposit has not been remitted by the
Contractual Partner, the Lodging Provider may withdraw from the Lodging Agreement without providing
a grace period. If the Guest fails to appear by 9 PM of the stipulated arrival day, there exists no obligation
to provide accommodations, other than if a later time of arrival has been stipulated. If the Contractual
Partner has made a deposit, the accommodations shall remain reserved until no later than 12 noon of
the day following the stipulated arrival date. If an advance payment has been made for more than 4
days, the lodging obligation expires at 6 PM of the fourth day, with the original arrival day calculated as
the first day, other than if the Guest has provided notice of a later arrival day. Up to no later than 3
months prior to the stipulated arrival date of the Contractual Partner, the Lodging Agreement may be
dissolved by means of unilateral declaration due to factually justified reasons, other than if an alternate
agreement has been reached.
Withdrawal by the Contractual Partner:
Up to no later than two months prior to the stipulated arrival date, the Guest may dissolve the Lodging Agreement without payment of a cancellation penalty by means of a unilateral declaration on the part of the Contractual Partner. Outside of the aforementioned time period, withdrawal by means of unilateral declaration on the part of the Contractual Partner is only possible pursuant to payment of the following cancellation charges:
Cancellation conditions:
Resorts:
Alpenchalets Biberwier, Alpenchalets Reiteralm, Almdorf Hohentauern, Almdorf Stadl, Alpendorf Dachstein West, Alpenpark Turracher Höhe, Bergeralm Chalets, Bergresort Hauser Kaibling, Dorfresort Kitzbühel, Feriendorf Murau, Kreischberg Chalets, Kreischberg Pool Villas, Naturparkchalets Lambrecht, Naturchalets Turracher Höhe, Tauernlodges Uttendorf, Turrach Lodges
Winter (01.12.-30.04.)
60 days before arrival – free cancellation
59-30 days before arrival – 70% of the rental price
29-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Sommer (01.05.-30.11.)
30 days before arrival – free cancellation
29-14 days before arrival – 70% of the rental price
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Resorts:
Alpenrock Schladming, Brixental Suites Hopfgarten, Bergresort Zugspitze Ehrwald, Carpe Solem Rauris, Chalet 149 Westendorf, Englmar Chalets, Erberg Alpin Resort, FerienPark Kreischberg, Hideaway Dachstein West, Inzell Chalets, Kitzbühel Suites Oberndorf, Kreischberg Suites, Saalbach Suites, Tauernsuites Mitterwirt, Villa Liesl, Vitalhof am Kreischberg, Zilltertal Suites Fügen, Zugspitz Suites Leermoos
Winter (01.12.-30.04.)
30 days before arrival – free cancellation
29-14 days before arrival – 70% of the rental price
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Sommer (01.05.-30.11.)
30 days before arrival – free cancellation
29-14 days before arrival – 70% of the rental price
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Resorts:
Bergresort Gerlitzen, Tauernresidence Radstadt
Winter (01.12.-30.04.)
14 days before arrival – free cancellation
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Sommer (01.05.-30.11.)
14 days before arrival – free cancellation
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Resort:
Chalets und Glamping Nassfeld
Winter (01.12.-30.04.)
14 days before arrival – free cancellation
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Sommer (01.05.-30.11.)
30 days before arrival – free cancellation
29-14 days before arrival – 70% of the rental price
13-7 days before arrival – 90% of the rental price
6 days of arrival and NoShow – 100% of the rental pice
Impediments to Arrival:
If the Contractual Partner is unable to appear at the lodging establishment on the scheduled arrival date
due to extraordinary unforeseeable circumstances (e.g. extreme snowfall, flooding etc.) which make all
arrival options impossible, the Contractual Partner is not obligated to pay the agreed-upon sum for those
days upon which he is unable to reach the lodging establishment.
§ 8 Pets
Pets may only be introduced into the lodging establishment pursuant to the prior consent of the Lodging
Provider and subject to a fee between €15 and €25 per animal/night. The Contractual Partner who brings
a pet is required to safekeep and supervise the animal in a proper manner during the stay, or to have
the animal safekept and supervised by a third-party at his own expense. The Contractual Partner/Guest
who brings a pet is required to have adequate animal liability insurance or private household insurance
that covers potential damages caused by the pet. Proof of the required insurance must be presented if
demanded by the Lodging Provider. The Contractual Partner and his insurer are liable jointly for potential
damages caused by animals. In particular, such damage also includes replacement services which the
Lodging Provider may be required to render to third parties. Pets are not permitted in restaurant spaces
nor in the wellness area.
§ 9 Force Majeure
With respect to the Lodging Provider, force majeure pertains if he is unable to fulfill his contractual
obligations – even temporarily – wholly or in part due to circumstances over which the Lodging Provider
has no influence, for example danger due to war, labor strikes, blockades, fire, flooding as well as other
disruptions or events.
§ 10 Obligations of the Contractual Partner
The Contractual Partner is required, by no later than the time of departure, to pay the stipulated
remuneration together with additional sums which may have accrued due to use of special services by
the Guest or his companions, as well as any statutory value added taxes. The Lodging Provider is not
obligated to accept foreign currency. If the Lodging Provider does accept foreign currency, it will be
accepted in payment as far as is possible in accordance with the official daily exchange rate. Should the
Lodging Provider accept foreign currency or cashless methods of payment, the Contractual Partner shall
bear all associated expenses, such as credit inquiries with credit card companies etc. The Contractual
Partner is liable to the Lodging Provider for any and all damages caused by himself, the Guest or other
persons who, with the knowledge or will of the Contractual Partner, have availed themselves of the
services of the Lodging Provider.
§ 11 Rights of the Contractual Partner
By entering into a Lodging Agreement, the Contractual Partner acquires the right to customary use of
the rented premises, the amenities of the lodging establishment that are usually available for guest use
without special conditions, and to customary services. The Contractual Partner shall exercise his rights
consistent with the hotel and/or guest code of conduct (house rules).
§ 12 Obligations of the Lodging Provider
The Lodging Provider is required to provide the stipulated services to their standard extent. Special
services on the part of the Lodging Provider that must be expressly stipulated and which are not
customarily included in lodging charges, may be:
a) special services associated with lodging that may be billed separately, for example provision of a
sauna, indoor pool, tanning studio etc.
b) provision of rollaway beds or cots/cribs at a discounted price.
§ 13 Rights of the Lodging Provider
If the Contractual Partner refuses payment of the stipulated remuneration or is in arrears therewith, the
Lodging Provider is entitled to assert his statutory rights of retention consistent with § 970c ABGB as
well as statutory rights of lien consistent with § 1101 ABGB with respect to property introduced by the
Contractual Partner or the Guest. These retention and/or lien rights may also be asserted by the Lodging
Provider in order to secure his claims deriving from the Lodging Agreement, in particular for board, other
expenses incurred on behalf of the Contractual Partner and for compensation claims of whatever nature.
The Lodging Provider has the right to issue a bill or interim bill for his services at any time.
§ 14 Liability Limitations
If the Contractual Partner is a consumer, liability on the part of the Lodging Provider for slight negligence,
with the exception of damage to persons, is excluded. If the Contractual Partner is a business, liability
on the part of the Lodging Provider for slight as well as gross negligence is excluded. In such a case,
the Contractual Partner bears the burden of proving culpability. Consequential damages, immaterial
damages or indirect damages as well as lost earnings are not subject to compensation. Under whatever
circumstances, the damages to be compensated shall be limited in their amount by the interest of the
injured party in the existence of the agreement.
§ 15 Liability of the Lodging Provider for Damage to Items brought onto the Premises
The Lodging Provider is liable for items brought onto the premises by the Contractual Partner consistent
with §§ 970 ff ABGB. Liability on the part of the Lodging Provider only obtains if the items were handed
over to the Lodging Provider or to persons authorized by the Lodging Provider or if they were brought
to a designated location or one specified by one of the aforementioned persons. Insofar as the Lodging
Provider is unable to produce evidence to the contrary, the Lodging Provider is liable for his own culpable
behavior or that of his people as well as that of persons entering or exiting the premises. The Lodging
Provider is liable consistent with § 970 (1) ABGB up to the amount specified in the federal statute dated
16 November 1921 in its most current form pertaining to the liability of lodging providers and similar
businesses. If the Contractual Partner or Guest does not immediately comply with the request of the
Lodging Provider to place his property in a designated place of safekeeping, the Lodging Provider is
indemnified from any and all liability. The amount of potential liability on the part of the Lodging Provider
is limited by the maximum amount of liability coverage held by the Lodging Provider. Culpability on the
part of the Contractual Partner or Guest shall be factored in. Liability on the part of the Lodging Provider
for slight negligence is excluded. If the Contractual Partner is a business, liability for gross negligence
is excluded. In such an instance, the Contractual Partner bears the burden of proving culpability.
Consequential damages or indirect damages as well as lost earnings are not subject to compensation.
For valuables, money and securities, the Lodging Provider is only currently liable up to an amount of
€550. The Lodging Provider is only liable for damages exceeding this amount in the eventuality that he
was aware of the nature of the items at the time of safekeeping or if the damages were caused by
himself or his people. The Lodging Provider may decline to provide safekeeping for valuables, money
or securities if this involves significantly more valuable items than guests customarily hand over for
safekeeping at the lodging establishment in question. Under whatever circumstances pertaining to the
safekeeping of valuables, liability is excluded if the Contractual Partner and/or the Guest does not notify
the Lodging Provider immediately upon becoming aware of the damages in question. Furthermore, such
damage claims must be asserted within 3 years of the Contractual Partner or Guest becoming aware or
potentially becoming aware of the damages; otherwise all rights shall lapse.
§ 16 Termination of the Lodging Agreement
Premature Dissolution
If the Lodging Agreement was entered into for a specific time period, the agreement shall terminate
upon expiration thereof. If the Contractual Partner departs prematurely, the Lodging Provider is entitled
to demand the previously stipulated compensation in full. The Lodging Provider will deduct what he has
saved by the Contractual Partner not availing himself of services or by renting out the ordered rooms to
other parties. Savings shall only be considered to pertain, if the lodging establishment is fully booked at
the time when the Guest does not avail himself of the lodgings and the lodgings can be rented out due
to the cancellation by the Contractual Partner to other guests. The burden of proving such savings is
borne by the Contractual Partner. The death of a guest automatically terminates the Lodging Agreement.
The Lodging Provider is entitled to terminate the Lodging Agreement with immediate effect due to
important reasons, in particular if the Contractual Partner or Guest
a) makes detrimental use of the rooms or if, as a consequence of their inconsiderate, offensive or
other grossly inappropriate behavior, the comfort of other guests, the owner, his people or other
persons living at the same lodging establishment suffers, or if the Contractual Partner or Guest is
guilty of a threatened act against the property, morals or physical safety of the aforementioned
persons;
b) is afflicted by a contagious disease or by an illness that extends beyond the period of the Lodging
Agreement, or otherwise becomes in need of care;
c) fails to pay bills upon their becoming due pursuant to a reasonable grace period (3 days).
If it becomes impossible to fulfill the Lodging Agreement due to an instance of force majeure (e.g.:
natural events, strikes, lockouts, official decrees etc.), the Lodging Provider may dissolve the Lodging
Agreement at any time without provision of a notice period, insofar as the agreement is not already
deemed by law to have been dissolved, or the Lodging Provider has been indemnified of his
accommodation obligations. Potential claims for damages etc. on the part of the Contractual Partner are
excluded.
§ 17 Illness or Death of the Guest
If a Guest becomes ill during his stay at the lodging establishment, the Lodging Provider may summon
medical care upon the request of the Guest. If there is imminent danger, the Lodging Provider may
summon medical care even without the expressed wish of the Guest in question, in particular if this is
necessary and the Guest is himself not able to do so. Insofar as the Guest is not in a position to make
his own decisions or the next of kin of the Guest cannot be contacted, the Lodging Provider will provide
for medical care at the expense of the Guest. The extent of such care measures will end, however, at
the time when the Guest is able to make decisions for himself or the next of kin have been notified about
the medical emergency. With respect to the Contractual Partner and the Guest, or, in the event of a
death, with respect to the legal heirs, the Lodging Provider has the right to pursue damage claims for
the following expenses in particular:
a) unsettled doctor’s bills, costs associated with transporting the patient, medications and other
therapeutics
b) room disinfection as necessary,
c) no longer usable linens, bedding and bed furnishings, otherwise for the disinfection and thorough
cleaning of such objects
d) restoration of walls, furnishings, carpets etc., insofar as these became contaminated or damaged
in association with the illness or death,
e) room rental, insofar as the room was used by the guest, plus any days the rooms were not usable
due to disinfection, clearing etc.,
f) miscellaneous other damages incurred by the Lodging Provider.
§ 18 Miscellaneous
Insofar as the aforementioned provisions do not stipulate otherwise, a notice period begins upon delivery
of the document specifying the notice period to the Contractual Partner who is obliged to comply with
said notice period. When calculating a notice period expressed in days, the day upon which the point in
time or event falls according to which the beginning of the notice period is calculated, is not included.
Notice periods expressed in weeks or months refer to those days of the week or month the naming or
number of which corresponds to the day from which the notice period is to be calculated. If this day in
the month is absent, the last day of said month shall pertain. Declarations must be delivered to the
respective contractual partner by the last day of the notice period (12 midnight). The Lodging Provider
is entitled to offset claims of the Contractual Partner with his own demands. The Contractual Partner is
not entitled to offset claims on the part of the Lodging Provider with his own demands, other than if the
Lodging Provider is insolvent or the claim of the Contractual Partner has been established by the courts
or accepted by the Lodging Provider. In the event of omissions within these provisions, the applicable
legal statutes will apply.
Obvious printing errors are not binding upon Alps Residence Holidayservice GmbH. The General Terms
& Conditions at hand supersede all prior publications.
Alps Residence Holidayservice GmbH stores personally identifiable data which is used for internal guest
administration as well as for information and offers.
§ 19 Complaints
Despite all efforts of Alps Residence Holidayservice GmbH, there may arise an instance when you have
a complaint. This complaint should be communicated to our employees immediately, so that they have
the opportunity to rectify the situation. We will respond to your complaint conscientiously.
§ 20 Place of Fulfillment, Seat of Jurisdiction and Applicable Law
The place of fulfillment is the location where the lodging establishment is situated. This agreement is
subject to Austrian formal and substantial law under exclusion of the rules of international private law
(in particular IPRG and EVÜ) as well as the UN Sales Convention. In a bilateral transaction, the exclusive
seat of jurisdiction is the seat of the Lodging Provider, whereby the Lodging Provider is furthermore
entitled to assert his rights before any other local or competent court.