General Terms & Conditions

of the ALPIN CHALET GMBH
The following General Terms & Conditions (GTCs) adapted for ALPIN CHALET GMBH from the Austrian regulations shall apply.

1. General

The GTCs state the contractual provisions by which ALPIN CHALET GMBH enters into an agreement to provide accommodation services for its guests. These GTCs shall apply exclusively to any agreement; no other terms and conditions of contract shall apply even if such terms and conditions have not been expressly excluded in writing.

2. Contractual party

(a) In cases of doubt the parties to the contract shall be deemed to be ALPIN CHALET GMBH and the person or organisation placing or jointly placing the accommodation reservation even if the latter has specifically named other persons for whom the reservation is made. In the following these are referred to as the Guest or Guests.

(b) The persons availing themselves of the accommodation are Guests in accordance with the terms of the contract.

3. Concluding the contract, Advance payment

(a) The accommodation contract shall come into effect with the Guest’s reservation and with the written confirmation of reservation of ALPIN CHALET GMBH and the simultaneous payment of an advance payment by the Guest to ALPIN CHALET GMBH and the latter’s written confirmation of receipt.

(b) Should the content of the reservation confirmation differ from the content of the reservation request, this shall be deemed to be a new offer from ALPIN CHALET GMBH. The accommodation agreement shall come into effect on the basis of this new offer if the Guest accepts this offer within ten (10) days.

(c) Otherwise, once the contract has been concluded, ALPIN CHALET GMBH shall no longer be obliged to comply with any requests for change.

(d) It is agreed that when making the reservation the Guest shall make an advance payment of 30% of the services booked (rented accommodation, additional person(s), pets, pre-booked services). Upon receipt of the advance payment the reservation becomes final and binding upon both contractual parties.

(e) At the latest one month before the date of arrival the Guest shall pay the remainder of the accommodation fee and a deposit of 1000 euros for the ALPIN CHALET XL and Large and 700 euros for the ALPIN CHALET Classic to ALPIN CHALET GMBH and shall provide a complete list of names of all person(s) availing themselves of the accommodation for the ALPIN CHALET.

(f) If payment is not received timely in accordance with (e) above, this shall be considered the same as a notification of cancellation by the Guest to ALPIN CHALET GMBH and Article 5 (b) shall apply. This means that the advance payment made will be retained as a cancellation fee.

4. Start and end of the accommodation period

(a) The Guest shall have the right to avail himself of the accommodation at the rented ALPIN CHALET with the persons notified to ALPIN CHALET GMBH and whose number has been confirmed in writing from 16.00 on the agreed date.

(b) In the event that the Guest does not arrive by 18.00 on the agreed date of arrival, ALPIN CHALET GMBH shall have the right to withdraw from the contract, unless a later time of arrival has been agreed.

5. Withdrawal/Cancellation of the accommodation contract

(a) Either contractual party may cancel the accommodation contract by unilateral statement without payment of a cancellation fee up to six months before the agreed arrival date of the Guest. The notification of cancellation must be received by the other contractual party at the latest six months before the agreed date of arrival of the Guest.

(b) Should the Guest cancel the accommodation at the latest one month before the agreed date of arrival, ALPIN CHALET GMBH shall withhold the advance payment as a cancellation fee.

(c) Should the Guest cancel or partly cancel the accommodation less than one month prior to the date of arrival, the Guest shall pay ALPIN CHALET GMBH the full accommodation payment agreed.

(d) These cancellation fees are not incurred or are incurred in a reduced amount if the Guest can prove that no damages at all or no damages to this amount were incurred.

(e) ALPIN CHALET GMBH reserves the right to prove and claim a higher amount of damages.

(f) The Guest may insure himself against this risk by taking out travel cancellation insurance when making the reservation.

6. Provision of substitute accommodation

(a) The accommodation provider may make appropriate accommodation available to the Guest, if the Guest can be reasonably expected to accept this, especially if the difference is minimal and justified due to the facts of the matter.

(b) Factual justification occurs, for example, if the room (rooms) have become unusable, or guests already resident have extended their stay or when other operational measures make such a step necessary.

7. Rights of the Guest

(a) By concluding an accommodation contract the Guest acquires the right to the normal use of the rented rooms and the facilities of the ALPIN CHALET that are customarily made available for the use of guests without any special conditions.

(b) The Guest has the right to occupy the rented rooms from 16.00 on the agreed date.

8. Obligations of the Guest

(a) Upon the termination of the accommodation contract, payment must be made in cash and in euros for any additional services that were booked and provided at the location.

(b) In the event of any damage caused by the Guest(s), Austrian liability laws apply. Consequently the Guest shall be liable for any damages and any detriment suffered by ALPIN CHALET GMBH or by third parties through the fault of the Guest or the fault of anyone accompanying the Guest or the fault of any other person(s) for whom the Guest is responsible, even if the injured party is entitled to claim compensatory damages directly from ALPIN CHALET GMBH.

(c) The Guest has to leave the chalet tidy. Waste has to be separated according to the specifications and the dishes have to be washed. With the flat rate fee of
Euro 370.-/470.- for the final cleaning only the usual cleaning and change of linen is covered. In accordance with the time and effort involved, other soiling (dirty dishes, food leavings, ...) and for not separated waste an additional charge will be made.

9. Rights of ALPIN CHALET GMBH

(a) ALPIN CHALET GMBH shall have the right to withhold the belongings of the Guests brought into the accommodation as security against the agreed accommodation payment. (§ 1101 Austrian Civil Code legal lien of the accommodation provider.)

(b) ALPIN CHALET GMBH shall be entitled to refuse additional services for operational reasons.

(c) The deposit will be returned from the ALPIN CHALET GMBH within proper terms if the accommodation is left in an orderly and undamaged state. The refund of the deposit does not negate any possible claims for damages. Any services that are booked at the location and are not paid in advance will be deducted from the deposit.

10. Obligations of ALPIN CHALET GMBH

(a) ALPIN CHALET GMBH is obliged to provide the agreed rental accommodation and the agreed additional services to an appropriate standard and extent.

(b) All services are additional and are not included in the accommodation payment and will be charged separately.

11. Liability of ALPIN CHALET GHBH for damages

(a) ALPIN CHALET GMBH is liable for damages suffered by the Guest if the damage has occurred within the accommodation and if ALPIN CHALET GMBH or its staff are at fault.

(b) Furthermore, ALPIN CHALET GMBH shall be liable for the property of the Guests brought into the accommodation to a maximum amount of Euro 1.100.- insofar as ALPIN CHALET GMBH cannot prove that the damage was neither caused by ALPIN CHALET GMBH nor a member of its staff, nor by any other persons entering or leaving the ALPIN CHALET.

Under such circumstances ALPIN CHALET GMBH shall be liable for valuables, money and securities up to a maximum amount of Euro 550.-.

The safekeeping of valuables, money and securities is explicitly refused for organisational reasons.

12. Pets

(a) Pets may only reside in the accommodation if prior consent has been obtained. The sum of Euro 15.- per day will be charged per dog and per cat.

(b) Guests shall be liable for any damage caused by pets they bring with them in accordance with the legally applicable regulations for pet owners (§ 1320 Austrian Civil Code).

13. Termination of the accommodation

(a) The accommodation contract ends with the expiration of the specified period or on the agreed date of departure. Should the Guests depart early, ALPIN CHALET GMBH shall be entitled to demand payment in full of the agreed accommodation payment.

(b) If the terms of the contract cannot be fulfilled due to an event classified as an Act of God, the contract shall be cancelled.

(c) ALPIN CHALET GMBH shall be entitled to cancel the accommodation contract with immediate effect if the Guests grossly misuse the accommodation or behave in an inconsiderate, offensive or other grossly inappropriate manner.

14. Place of performance and Place of jurisdiction

The place of performance shall be the place where the rented ALPIN CHALET is located. For all contracts with the accommodation company and for any possible pending legal disputes, it is agreed that the local court of St. Johann shall have jurisdiction insofar there is no compelling legal reason against this. All contracts shall be subject exclusively to Austrian law excluding conflict-of-law rules, which provide for the application of another legal system.

15. Final provisions

Should any provision of these GTCs for the concluding of accommodation contracts be or become ineffective, this shall not affect the validity of the remainder of the provisions. A provision that comes closest to the meaning and purpose of the agreement shall replace the invalid provision. ALPIN CHALET GMBH reserves the right to correct any errors and omissions and any printing or computational errors. Any amendment or side agreement must be in writing.