General Terms & Conditions

GENERAL TERMS AND CONDITIONS
Sporthotel Steffisalp GmbH & Co KG

Version dated 01.05.2024

§ 1 Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") replace the previous GTC.
1.2 The GTC do not exclude special agreements. The GTC are subsidiary to individually agreed terms.

§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who accommodates guests for a fee.
“Guest”: A natural person who takes advantage of accommodation. The guest is usually also the contractual partner. Persons who travel with the contractual partner (e.g., family members, friends, etc.) are also considered guests.
“Contractual Partner”: A natural or legal person from inland or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Contract”: The contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail in the following.

§ 3 Conclusion of Contract - Deposit
3.1 The accommodation contract is concluded through the acceptance of the order of the contractual partner by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and the receipt occurs within the announced business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract under the condition that the contractual partner pays a deposit. In this case, the accommodation provider is obliged to inform the contractual partner about the required deposit before accepting the written or oral order of the contractual partner. If the contractual partner agrees to the deposit (in writing or orally), the accommodation contract is concluded with the receipt of the declaration of consent regarding the payment of the deposit by the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit no later than 7 days (receipt) before the accommodation. The costs for the money transaction (e.g., transfer fees) are borne by the contractual partner. The respective conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment on the agreed fee.

§ 4 Start and End of Accommodation
4.1 The contractual partner has the right to occupy the rented rooms from 3:00 p.m. on the agreed day ("arrival day"), unless the accommodation provider offers a different time.
4.2 The rented rooms must be vacated by the contractual partner by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Contract - Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the accommodation contract provides for a deposit and the deposit has not been paid by the contractual partner in due time, the accommodation provider can withdraw from the accommodation contract without a grace period.
5.2 If the guest does not appear by 8:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later time of arrival has been agreed.
5.3 Up to 3 months before the agreed arrival day of the contractual partner, the accommodation provider can terminate the accommodation contract for objectively justified reasons by unilateral declaration, unless otherwise agreed.

Withdrawal by the Contractual Partner - Cancellation Fee
5.5 Up to 1 month before the agreed day of arrival of the guest, the accommodation contract can be terminated by the contractual partner without a cancellation fee by unilateral declaration.
5.6 Outside the period specified in § 5.5, a withdrawal by unilateral declaration of the contractual partner is only possible with the following cancellation fees:

Up to 1 week before the arrival day 70% of the total arrangement price;
In the last week before the arrival day 90% of the total arrangement price.
Travel Impediments
5.7 If the contractual partner cannot appear at the accommodation establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.), making all travel options impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay revives from the moment travel is possible again, provided the arrival is possible within three days.

§ 6 Provision of Substitute Accommodation
6.1 The accommodation provider can provide the contractual partner or the guests with adequate substitute accommodation (of equal quality) if this is reasonable for the contractual partner, especially 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, already accommodated guests extend their stay, there is an overbooking, or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation are borne by the accommodation provider.

§ 7 Rights of the Contractual Partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are typically and without special conditions accessible to the guests for use, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contractual Partner
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to separate service usage by him and/or the accompanying guests plus statutory VAT at the latest at the time of departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they are accepted as payment to the best of the ability at the daily exchange rate. If the accommodation provider accepts foreign currencies or cashless payment methods, the contractual partner bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him, the guest, or other persons who, with the knowledge or will of the contractual partner, receive services from the accommodation provider.

§ 9 Rights of the Accommodation Provider
9.1 If the contractual partner refuses to pay the agreed fee or is in arrears, the accommodation provider has the legal right of retention according to § 970c ABGB and the legal lien according to § 1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien also secures the accommodation provider's claims from the accommodation contract, especially for catering, other expenses made for the contractual partner, and for any claims for compensation of any kind.
9.2 The accommodation provider has the right to demand payment or interim settlement of his service at any time.

§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services in a standard corresponding to his standard.

§ 11 Liability Limitations
11.1 If the contractual partner is a consumer, the accommodation provider's liability for slight negligence, except for personal injuries, is excluded.
11.2 If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages as well as lost profits are not compensated. The damage to be compensated is in any case limited to the extent of the reliance interest.

§ 12 Animal Keeping
12.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and for a special fee.
12.2 The contractual partner who brings an animal is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised at his own expense by suitable third parties.
12.3 The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance covering possible damages caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.
12.4 The contractual partner or his insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought along. The damage includes in particular those compensation payments of the accommodation provider which the accommodation provider has to provide to third parties.
12.5 Animals are not allowed in the salons, social rooms, restaurant rooms, and wellness areas.

§ 13 Extension of Accommodation
13.1 The contractual partner has no right to have his stay extended. If the contractual partner timely announces his wish to extend the stay, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
13.2 If the contractual partner cannot leave the accommodation establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.), making all departure options blocked or unusable, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this time is only possible if the contractual partner cannot fully use the offered services of the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the usual price in the low season.

§ 14 Termination of the Accommodation Contract - Early Termination
14.1 If the accommodation contract is concluded for a fixed term, it ends with the expiration of the term.
14.2 If the contractual partner departs early, the accommodation provider is entitled to demand the full agreed fee.
14.3 The contract with the accommodation provider ends upon the death of a guest.
14.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for an important reason, especially if the contractual partner or the guest makes significantly detrimental use of the premises, behaves in a reckless, offensive, or otherwise grossly inappropriate manner, spoils the stay for the other guests, the owner, his people, or the third parties living in the accommodation establishment, or if he commits an act punishable by law against property, decency, or the physical safety of these persons.
14.5 If the fulfillment of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without notice, provided the contract does not already terminate by law or the accommodation provider is freed from his obligation to provide accommodation. Any claims for damages, etc., by the contractual partner are excluded.

§ 15 Place of Performance, Jurisdiction, and Choice of Law
15.1 The place of performance is Warth 36, 6767 Warth.
15.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ) as well as UN Sales Law.
15.3 The exclusive place of jurisdiction is the district court of Bregenz.

§ 16 Miscellaneous
16.1 The accommodation provider is entitled to offset his claims against claims of the contractual partner. The contractual partner is not entitled to offset his claims against claims of the accommodation provider unless the accommodation provider is insolvent or the claim of the contractual partner has been legally determined or acknowledged by the accommodation provider.
16.2 In the event of regulatory gaps, the relevant statutory provisions apply.