DAS ALPENHAUS Gasteinertal

General terms and conditions

I. Scope

  1. These terms and conditions apply to hotel accommodation contracts as well as all other services provided to the guest by the hotel.
  2. Deviating provisions, even if contained in the general terms and conditions of the guest or booking agent, do not apply unless expressly recognized in writing by the hotel.

II. Conclusion of contract

  1. A hotel accommodation contract (hereinafter referred to as ‘contract’) is concluded by means of the hotel’s booking confirmation following the guest’s booking request.
  2. The contractual parties are the hotel and the guest. In the event that a third party initiates a booking on the guest’s behalf, the third party and the guest shall be liable as joint debtors for all obligations to the hotel under the Contract, provided the hotel has a corresponding declaration by the booking agent. Irrespective of this, the booking agent is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
  3. The subletting and reletting of the rooms provided, as well as their use for purposes other than accommodation, require the hotel’s prior written consent.

III. Services, rates, payment

  1. The hotel is obliged to hold ready the rooms booked by the guest in accordance with these general terms and conditions and to provide the agreed services.
  2. The guest is obliged to pay the applicable or agreed hotel rates for rooms and other services provided. This also applies to third-party services and expenses incurred by the hotel on the instigation of the guest or booking agent.
  3. Agreed prices include statutory value added tax.
  4. The hotel shall be entitled to make price changes if they agree to the guest’s subsequent wishes to change the number of rooms booked, the hotel's services or the length of the guests' stay.
  5. Hotel bills are payable in full immediately upon receipt. The guest shall be in default if they do not make payment within 30 days of the due date and receipt of the bill; this only applies to a guest if explicit reference has been made to these consequences in the bill. In the event of failure to pay, the hotel is entitled to charge interest on overdue accounts at a rate of 5% above the base rate. The default interest rate for business transactions is 8% above the base rate. The hotel reserves the right to assert a claim for higher damages. The hotel shall be entitled to charge a reminder fee of €5 for each reminder subsequent to the default.
  6. The hotel is entitled to request advance payment or a deposit upon conclusion of the contract or thereafter. The amount and due date can be agreed in writing in the Contract. The hotel is also entitled to issue an interim bill for any costs accrued during the guest's stay in the hotel and to demand immediate payment.
  7. The guest shall only be entitled to offset against undisputed claims or claims which have been validated by due legal process.

IV. Cancellation by individual guest (for group and event bookings see point VII)

  1. The guest has the right to cancel at any time. The following provisions shall apply:
    In the event that an individual guest cancels their booking, the hotel shall be entitled to appropriate compensation. Should circumstances prevent a guest taking up their holiday with us, we shall require notification in writing, citing the booking reference. The following cancellation policy applies:
    • Up to 7 days prior to arrival: free cancellation
    • Cancellation within 6 days prior to arrival incurs 90% of the total booking price
    • Cancellation less than 1 days prior to arrival incurs the entire booking price, as does leaving before the agreed departure date.
    • In case of no-show, late arrival or early departure 100 % of the entire stay will be charged.

      Christmas | New Year´s Eve:

    • Up to 14 days prior to arrival: free cancellation
    • Cancellation 13 up to 7 days prior to arrival incurs 70% of the total booking price
    • Cancellation 6 up to 3 days prior to arrival incurs 90% of the total booking price
    • Cancellation 2 days prior to arrival incurs 100% of the total booking price
    • In case of no-show, late arrival or early departure 100 % of the entire stay will be charged.

    • Please note that any cancellation must be in written form to be valid.

      We recommend that you take out travel cancellation insurance through Europäische Reiseversicherung. In as much as the hotel calculates the fixed amount of compensation, this amount cannot exceed the contractually agreed prices for the hotel’s services, minus any savings the hotel has been able to make by other use of the hotel services.

  2. The aforementioned compensation provisions also apply in the event that the guest does not use the booked room or services without prior notification in good time.
  3. If the hotel has granted the guest an option within the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall not be entitled to compensation. The date by which the hotel receives the advice of cancellation shall by decisive in determining its timeliness. The guest must cancel in writing.

V. Cancellation by the hotel

  1. Provided that the guest has been granted the right to cancel free of charge in accordance with Item IV, Paragraph 2, the hotel is also entitled to withdraw from the contract within the agreed period in the event that other enquiries are made for the booked rooms, and the guest does not provide final confirmation of booking following a request to do so by the hotel.
  2. If the agreed prepayment or deposit in accordance with Item III, Paragraph 6 has not been paid within the given time, the hotel is likewise entitled to cancel the booking.
  3. Furthermore, the hotel is entitled to withdraw from the contract for good reason, especially in the following cases:
  4. If rooms have been booked using false information, for example regarding the guest’s identity or purpose of booking.
  5. If the hotel has good reason to believe that if the booking should go ahead, it would hinder the smooth running of the business, or adversely affect the safety or public reputation of the hotel, without this being ascribable to the hotel’s domain or organisation.
  6. In the event of unauthorised subletting or reletting in accordance with Item II, Paragraph 3.
  7. If a case arises as detailed in Item VI, Paragraph 3.
  8. In the event that the hotel becomes aware that the guest's financial circumstances have worsened significantly subsequent to the conclusion of the Contract, especially if the guest fails to settle claims due or does not provide sufficient security, therefore making the hotel's payment claims appear at risk.
  9. If the guest has filed an application to initiate insolvency proceedings against his assets, has submitted an affidavit in compliance with with § 47 EO (Enforcement of Civil Judgements Act), has initiated an out-of-court debt settlement procedure or has withheld payments.
  10. The hotel must immediately inform the guest in writing that it is exercising its right to terminate the contract.
  11. The guest shall have no right to compensation in the aforementioned cases of contract termination.

VI. Arrival and departure

  1. The guest is not entitled to have specific rooms allocated, unless the provision of specific rooms has been confirmed by the hotel in writing.
  2. Booked rooms are available to guests from 3pm on the agreed date of arrival. Guests cannot expect rooms to be available before this time.
  3. Guests must occupy booked rooms by 6pm on the agreed arrival date.
  4. Unless a later arrival time has been expressly agreed, the hotel has the right to reallocate booked rooms after 6pm and the guest shall not be able to derive a claim for compensation in this respect. The hotel is entitled to withdraw from the contract in this case
  5. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12pm at the latest. If the room has not been vacated by this time, the hotel reserves the right to charge the full day’s rate for the room for the additional use until 6pm, and the full room and board price if after 6pm. The guest is entitled to prove to the hotel that no loss or a considerably lower loss has been caused. The guest is entitled to prove to the hotel that the hotel suffered either no or significantly lower damage than that.

VII. Group and event bookings

  1. Group and event bookings include bookings of 10 or more rooms, irrespective of their connection or otherwise to an event, as well as all events such as seminars, conferences, meetings, banquets and weddings.
  2. Cancellations must be made in writing.
    There will be no charge for cancellations received more than 60 days prior to arrival
    Up to 60 days prior to arrival: 50% of the total, contractually agreed price*
    From 60 to 8 days prior to arrival: 80% of the total, contractually agreed price*
    Within 7 days of arrival date: 100% of the total, contractually agreed price*
    *Contractually agreed services: Accommodation including meals and hotel facilities (conference package, menu, external services)
    The cost of cancelling individual nights will be calculated in accordance with the above cancellation policy. The contractually agreed amount payable is calculated on the basis of the agreed number of participants.
  3. Deposit payments require the purchaser’s name, as well as arrival and departure dates. The following provisions apply:
    30% of the total booking price up to 60 days prior to arrival
    60% of the total booking price up to 30 days prior to arrival
    The date of receipt shall be the date on which the deposit is paid into the hotel’s account. In the event that the deposit is not received on time, the hotel reserves the right to withdraw from the contract in accordance with its terms and conditions. The purchaser shall have no claims against the hotel in this instance.
  4. For all group bookings, the hotel shall require a full list of names by no later than seven days prior to the arrival of the first guest, otherwise the customer undertakes to pay a flat-rate fee of €50.
  5. Rearrangement or re-seating at short notice will be charged at 5% of the room hire charge.

VIII. Liability of the hotel, limitation

  1. The hotel is liable in compliance with the statutory provisions for all damage resulting from injury to life, body and health.
  2. The hotel is only liable for other damage if the damage was caused intentionally or resulted from gross negligence by the hotel, its legal representatives or executive employees.
  3. The above limitation of liability applies to all claims for damages regardless of their legal basis, including claims from tort. The above limitation of liability also applies in the event of any claims for damages by a guest against employees or vicarious agents of the hotel. It shall not apply in cases of liability for a defect following assumption of a guarantee for the condition of an object or works, fraudulently concealed faults, or personal injuries.
  4. The hotel’s statutory liability for objects deposited with it is limited to a maximum amount of €1,100, unless the hotel is able to prove that the damage was not caused by the hotel, a hotel employee, or by third parties entering or leaving the building. Under these circumstances, the hotel is liable for valuables, money and securities up to a maximum amount of €550, unless the hotel agreed to take charge of such item with prior knowledge of their nature, or if the damage was caused by the hotel or its employees. There can be no claim for compensation if the guest does not report the loss, destruction or damage to the hotel immediately they become aware of it. This does not however apply if the item concerned was taken into safekeeping by the hotel and stored in the hotel safe.
  5. If the guest is provided with a parking space in the hotel car park or garage, even if this is for a fee, the hotel shall be liable in accordance with the statutory provisions and the maximum value provided by law. Any such damage must be asserted against the hotel before leaving the hotel grounds.
  6. The hotel takes great care when providing wake-up calls for guests. Claims for damages, except for gross negligence or intent, are excluded.
  7. Messages, mail and shipments of goods for guests are handled with care. The hotel shall deliver, store and – on request and for a fee – forward these as well as any lost property. Claims for damages, except for gross negligence or intent, are excluded. After a storage period of one month, the hotel shall be entitled to hand over the aforementioned items to the local lost property office, and to make a reasonable charge for this.
  8. Claims for damages on the part of the guest expire 3 years after reporting the damage. This does not apply to liability of personal damage to life, limb, or health, or for other damage caused by gross negligence or intent on the part of the hotel, legal representative, or anyone carrying out the duties of the hotel.

IX. Terms of use for Wi-Fi access

  1. The User undertakes to refrain from any use which could endanger public order and security or morality or which violates laws and inconveniences or frightens other Internet users.
  2. In particular, the user undertakes not to use the internet access for file sharing programmes. In addition, the user undertakes not to use the bandwidth excessively, as Internet access is shared with others. The user is aware of the risks of the internet and is solely responsible for protecting themselves (e.g. up-to-date anti-virus programmes, avoidance of suspicious programmes, files, etc.).
  3. Alpenhaus Hotels & Resorts and the group’s individual resorts assume no liability for errors, disruptions or damage caused by the use of the internet, or for any changes to the configuration of the terminal device by the user. The hotel does not guarantee that the services offered are accessible without interruption or that the desired connections can always be established.
  4. Insofar as it is permitted by law, compensation for damage of any kind, including consequential damage to third parties and damage from third-party claims, is excluded in all cases.
  5. By using the Wi-Fi, the user automatically agrees to these terms of use.

X. Final provisions

  1. Any changes or additions to the contract or the acceptance proposal require the consent of the contractual partner and must be in writing.
  2. The place of jurisdiction and payment is the domicile of the hotel.
  3. All disputes arising from the contract shall be subject to the hotel's local court with jurisdiction, unless the guest as a consumer has a place of employment or domicile in Austria; in this case, the place of jurisdiction shall be the place that the guest stated on their registration form; or the guest merely has an Austrian place of employment, which case that shall be the place of jurisdiction.
  4. Austrian law applies.
  5. In the event that individual provisions of these general terms and conditions for hotel accommodation should be or become invalid or ineffective, the effectiveness of the remaining provisions shall remain unaffected. In all other respects, statutory provisions apply.
  6. The provisions of the Austrian Hotel Regulations apply: www.hotelverband.at

 Stand: November 2020

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