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General Terms and Conditions AlpenLuxus Collection

Scope of Application

These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) apply to all accommodation contracts concluded between AlpenLuxus Management GmbH (hereinafter also referred to as the “Accommodation Provider”) and the guest or other contracting party (hereinafter also referred to as the “Customer”).

The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed terms.

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 usually also the contracting party. Persons traveling with the contracting party (e.g. family members, friends, etc.) are also considered guests.

“Contracting Party”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: These terms are to be understood within the meaning of the Austrian Consumer Protection Act 1979, as amended.

“Accommodation Contract”: The contract concluded between the accommodation provider and the contracting party, the content of which is specified below.

Conclusion of Contract, Special Provisions for Distance Selling, Payment

The accommodation contract is concluded upon acceptance of the booking by the accommodation provider. Electronic declarations are deemed received when they can be accessed under normal circumstances and are received during the provider’s business hours.

The basis for the remuneration shall be the prices listed in the provider’s current price list at the time of contract conclusion, as well as any individually agreed special arrangements.

For bookings made via distance communication, acceptance by the accommodation provider is effected exclusively by a reservation confirmation sent by email.

Verbal statements by the accommodation provider are non-binding in case of doubt—even if they include prices, dates, or other specifications—and serve only to prepare the conclusion of the contract.

Online bookings require complete and correct entry of all mandatory fields in the reservation form and explicit acceptance of the AGBH 2006 via the designated confirmation mechanism.

The contracting party is solely responsible for the accuracy of the data provided. In case of incorrect or incomplete data, the booking may be corrected or a new reservation confirmation issued. The reservation confirmation must be presented in all cases of complaints; otherwise, accommodation may be refused. The electronic reservation confirmation is the sole valid proof of a proper booking.

The full booking amount is due immediately during the reservation process.

The accommodation provider may agree to installment payments by individual arrangement.

The contracting party acknowledges that after clicking “Book now with obligation to pay!”, the reservation cannot be canceled or reversed.

Beginning and End of Accommodation

Unless otherwise agreed, the guest may occupy the rented premises from 3:00 PM on the agreed arrival day.

The premises must be vacated by 10:00 AM on the departure day. If not, the provider is entitled to charge an additional day.

Keys

The customer shall be given access to the key on the day of arrival.

Loss of a key must be reported immediately. The cost of replacing the locking system shall be borne by the customer.

Withdrawal from the Contract – Cancellation, Travel Impediments

Withdrawal by the Accommodation Provider

If the agreed payment is not made immediately during booking, the provider may withdraw from the contract without granting a grace period.

Withdrawal by the Contracting Party – Date Change or Voucher

The contracting party acknowledges that online bookings cannot be canceled or reversed after confirmation.

As this is a service provided at a specific time, no right of withdrawal under § 11 (1) FAGG applies.

The provider may, upon request, allow a date change. Any resulting price changes shall be borne by the contracting party.

Alternatively, a voucher equal to the booking value may be issued, redeemable at all AlpenLuxus apartments in Austria.

Impediments to Arrival

If arrival is impossible due to extraordinary and unforeseeable circumstances (e.g. extreme snowfall, flooding), the guest is not required to pay for the affected days.

The obligation to pay resumes once arrival becomes possible within three days.

Provision of Alternative Accommodation

The provider may offer equivalent alternative accommodation if reasonable, particularly in cases of overbooking or unavailability.

Additional costs shall be borne by the provider.

Rights of the Contracting Party

The contracting party is entitled to the usual use of the rented premises in accordance with the house rules, which are available both on-site and in the digital guest folder.

Obligations of the Contracting Party

The contracting party must pay the agreed price including VAT immediately during booking.

They are liable for any damages caused by themselves or accompanying persons. They must fully indemnify the provider against third-party claims.

Rights of the Accommodation Provider

The provider is not obliged to accept foreign currencies.

Obligations of the Accommodation Provider

The provider must deliver the agreed services in accordance with its standard.

Limitation of Liability

For consumers, liability for slight negligence is excluded except for personal injury.

For entrepreneurs, liability for slight and gross negligence is excluded. The contracting party bears the burden of proof. No liability for consequential or indirect damages or loss of profit.

No liability is assumed for lost items.

The provider is not liable for failures of technical or infrastructural systems.

Claims must be reported immediately and asserted in court within three years.

Animals

Pets are only allowed with prior consent and possibly an additional fee.

The guest must supervise the animal and have appropriate liability insurance.

The contracting party is fully liable for damages caused by animals.

Extension of Stay

There is no entitlement to extend the stay. Extensions require approval.

If departure is impossible due to extraordinary circumstances, the contract is automatically extended. Reduced payment applies only if services cannot be fully used.

Termination of Contract

The contract ends upon expiry of the agreed term.

Early departure does not release the contracting party from payment, subject to possible savings or re-letting.

The provider may terminate the contract immediately for important reasons (e.g. misconduct, illness, force majeure).

Place of Performance, Jurisdiction, Applicable Law

Place of performance is the location of the accommodation.

Austrian law applies, excluding conflict-of-law rules and the UN Sales Convention.

Jurisdiction depends on whether the contracting party is a business or consumer, in accordance with Austrian and EU law.

Miscellaneous

Deadlines begin upon delivery of notice.

The provider may offset claims; the contracting party may only do so under specific legal conditions.

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