Terms and Conditions
Deluxe. Apartments. Service
1.1 (Main) tenant: a natural or legal person who signs a tenancy agreement with the landlord for a holiday apartment.
1.2 Joint tenant: the person who lives together with the (main) tenant in the apartment.
1.3 Landlord: Landberg Alpine Holidays GmbH natural or legal person who renders the apartment to the tenant. Landberg Alpine Holidays GmbH is part of the company Landberg, which is organising the condition of the lease agreement between the landlord and the tenant regarding the holiday apartments is mediated and furthermore in the following cases as an agent of the landlord occurs.
1.4 The contract: the lease agreement between the lessor and the (main) tenant.
1.5 The rental conditions: the present rental terms used by the lessor.
II Applicable rental terms
2.1 The terms and conditions of lease shall apply to the contract as well as to all offers, special offers, contracts and services provided by the lessor.
2.2 The rental conditions are provided to the (main) tenant before or at the time of conclusion of the contract, as far as is reasonably possible. If the leasing contract is concluded by arranging Landberg Alpine Holidays GmbH, the terms of the rental will be provided to the (principal) tenant on behalf of the landlord by Landberg Alpine Holidays GmbH.
2.3 All prices stated on www.wildkogelresort.at are given in Euro and include VAT. We can not be held liable for any incorrect prices on the website.
III Contract conclusion
3.1 The contract is concluded by the renter’s appointment by the lessor. Electronic declarations shall be deemed to have been received if the party for which they are appointed can access them under normal circumstances and access to the lessor’s appointed business hours.
3.2 The lessor is entitled to conclude the contract on condition that the (principal) tenant pays a deposit. In this case, the landlord is obliged, before the acceptance of the written or oral appointment of the (main) tenant, to the required deposit. If the (principal) tenant agrees with the down payment (in writing or verbally), the contract is concluded.
3.3 The confirmation also contains the name and contact details of the landlord.
3.4 If the confirmation contains errors, the renter must inform Landberg Alpine Holidays GmbH within 2 working days after the reservation.
3.5 Landberg Alpine Holidays GmbH is entitled in the name of the landlord to refuse a booking request based on the (young) age or the group size of the tenant. In addition, in such a case, further conditions may be attached to the lease contract, e.g. The payment of a higher deposit.
3.6 Changes made to an already booked booking can be carried out free of charge up to 3 months before arrival.
3.7 If the tenant changes a reservation within a period of 3 months before arrival, an amount of Euro 30.00 may be charged for each change, plus any additional costs incurred by the change.
3.8 The (principal) tenant has the right, so the landlord does not offer any other reference period to refer the apartment from 4 pm on the agreed day (“arrival day”).
3.9 The apartment is to be released by the (main) tenant on the day of departure until 10.00 am. The landlord is entitled to charge another day if the rented rooms are not released in time.
IV Cancellation by the lessor
4.1 If the advance payment is not made by the (principal) tenant within a reasonable period, the lessor can withdraw from the rental agreement without a period of grace
4.2 If the guest does not appear until 8.00 pm of the agreed arrival day, there is no accommodation requirement, unless a later arrival date has been agreed.
4.3 If the (principal) tenant has paid a deposit, the premises are reserved until 12 noon the day following the agreed arrival day.
4.4 Up to 3 months before the agreed date of arrival of the contracting party, the lessor can be dissolved by unilateral declaration for objectively justified reasons.
V Cancellation by principal tenant
5.1 The (principal) tenant is entitled to cancel a booking in writing or by e-mail within 2 working days after booking, free of charge, unless the stay at the resort takes place within one month after booking.
5.2 After the expiry of the period laid down in 5.1. , The hirer is only entitled to cancel the following cancellation costs:
A) for cancellations up to 1 month before the arrival date: the deposit (30% of rental);
B) in case of cancellation up to 1 week before the arrival date: 70% of the rental price;
C) in case of cancellation in the last week before the date of arrival: 90% of the rental price;
D) in case of cancellation from the day of arrival or in case of non-payment: the full rental price
VI Rental price, deposit and payment
6.1 Subject to a different agreement, the rental price is based on the amount of the rental price of the apartment, valid at the time of the confirmation; – Including VAT; – including the costs explicitly stated on the website in the description of the holiday apartment; – Tourist tax; – plus security deposit and eventual additional costs for additional deliveries and services, e.g. Cleaning. Exceptions are clearly marked as such package prices.
6.2 The (principal) tenant must settle 30% of the rental price within the date indicated on the confirmation of the booking in the sense of Article 3.2 by payment or transfer to the bank account or current account specified in the confirmation. A credit card payment is only possible on express instructions.
6.3 The outstanding rental price must be paid to Landberg Alpine Holidays GmbH or at the latest in the manner specified in Article 6.3.
6.4 If the agreed payment goal is exceeded, the (principal) tenant shall be in default from the date of the expiry of the term without express notice of default by Landberg Alpine Holidays GmbH. The tenant must pay statutory interest from this moment.
6.6 As soon as the tenant is in default, Landberg Alpine Holidays GmbH is entitled to dissolve the contract on behalf of the landlord. In this case, the lessee must pay the cancellation costs mentioned in Article 6.2.
6.7 The costs of the landlord and extrajudicial costs of the landlord regarding the collection of amounts owed to the landlord and not paid in time shall be borne by the landlord. The out-of-court costs amount to 25% of the principal amount of the claim, unless this amount is unreasonable, taking into account the collection costs and the amount due. For court costs, the actual and reasonable costs incurred must be remunerated.
6.8 The deposit must be paid on arrival. The deposit varies according to the apartment, but is at least Euro 300,00 and at most Euro 600,00. The deposit will be returned to the renter’s account within 3 working days after the key has been returned at the above address, or the credit card will be canceled if no deficiencies have been identified.
6.9 If the principal tenant refuses to pay the agreed remuneration or is thus in arrears, the landlord is entitled to the right of retention under § 970c ABGB as well as the statutory right of lien. § 1101 ABGB to the contract partner or the guest entered by the guest. This right of retention or lien is also the property of the lessor in order to secure his claim from the accommodation contract, in particular for boarding, other expenses which have been made for the contractual partner and for any claims for compensation of any kind.
6.10 If the service is requested in the room of the contracting party or at exceptional times of the day (after 8 pm and before 7 am), the lessor is entitled to demand a special charge for this. This special rate is, however, marked on the room price list. The landlord can also refuse these services for operational reasons.
6.11 The landlord has the right to settle his account at any time.
7.1 The (principal) tenant is liable to the lessor for any loss or damage incurred by the lessor during the rental period of the holiday apartment due to the use, irrespective of whether the damage is caused by an act or omission by the (main) The co-worker or by a third party, who is in the apartment by the tenant, or by an animal or object in the property of the tenant.
7.2 The lessor is liable in accordance with § 970 ff ABGB for the goods entered by the principal tenant. The liability of the landlord is only given if the property has been handed over to the landlord or the person authorized by the landlord, or has been brought to a place designated or designated for this purpose. If the landlord can not prove the landlord, the landlord is liable for his own fault or the fault of his people as well as of the incoming and outgoing persons. If the (principal) tenant or the guest does not promptly comply with the landlord’s invitation to deposit his belongings in a special place of storage, the landlord shall be released from any liability. The amount of any liability of the landlord is limited to the maximum liability insurer’s liability insurance sum. Any negligence on the part of the tenant or guest is to be taken into account.
7.3 Liability of the lessor is excluded for slight negligence. If the (principal) tenant is an entrepreneur, the liability is also excluded for gross negligence. In this case, the (principal) tenant bears the burden of proof for the existence of fault. Any consequential or consequential damage or loss of profits will not be replaced.
7.4 The landlord is liable for treasures, money and securities only up to the amount of currently Euro 550.00. The landlord is liable for any further damage only in the event that he has taken over these things in his knowledge for storage or in the event that the damage was caused by himself or one of his people.
7.5 The landlord may refuse to store treasures, money and securities if the property is much more valuable than guests usually keep in custody.
7.6 The tenant must notify Landberg Alpine Holidays GmbH without delay within 24 hours of the date on which the tenant has discovered or found the landlord.
7.7 If the defect is a property which can not be attributed to the tenant or a state of the holiday apartment which does not allow the tenant to enjoy the contract due to the contract, the landlord is obliged to remedy the deficiencies. The tenant must always give the landlord the opportunity to remedy any defects.
7.8 If, in the opinion of the renter, the complaints are not adequately dealt with by the lessor, Landberg Alpine Holidays GmbH shall be entitled to take part in a contract referred to in Article 7.7. , Contact the landlord and arrange between tenants and landlords in order to achieve a solution. Landberg Alpine Holidays GmbH may also make a financial settlement with the tenant on behalf of the landlord. The provision in this article expressly applies to the performance obligation of Landberg Alpine Holidays GmbH.
7.9 If, in this case, no amicable solution to the complaint is reached, Landberg Alpine Holidays GmbH, should this not have been done, will, at the request of the lessee, provide him with the information of the lessor known to the company in order to allow the tenant to negotiate with the lessor A possible claim.
7.10 The lessor shall be liable to the lessee subject to the following restrictions if the lessee has suffered a loss of property as a result of an attributable failure by the lessor to fulfill the obligations arising from the contract.
7.11 The lessor is not liable, if the tenant insists on an insurance, e.g. A travel or travel cancellation insurance.
7.12 Liability for damages and costs incurred by the lessee in the performance of his profession or business is excluded, unless the lessor is intent or gross negligence.
7.13 Notwithstanding the provisions set out in the preceding paragraphs of this Article, the Lessor’s liability for damages, excluding death or personal injury to the Lessee, is limited to a maximum of triple the travel price, unless this is intentional or gross negligence on the part of the lessor.
7.14 The principal tenant is liable to the landlord for any damage he or the guest or other persons who, with the knowledge or will of the (principal) landlord, receive services from the landlord.
VIII Dissolution of the contract
8.1 If the lease has been concluded for a certain period of time, the lease shall be terminated with a period of time.
8.2 If the (principal) tenant leaves prematurely, the lessor is entitled to demand the full agreed remuneration.
8.3 By the death of a guest the contract ends with the landlord.
8.4 The lessor is entitled to dissolve the contract in writing or by e-mail with immediate effect and to demand the immediate evacuation of the apartment, A) if the tenant seriously neglects his duty to care for the apartment, if he does not register more or other persons or animals unannounced In the apartment as contractually agreed or for noise annoyance ensures or its obligations as a good tenant otherwise not fulfilled. (B) make a substantial disadvantageous use of the premises or, through his reckless, offensive or otherwise grossly unseemly conduct, offends against the other guests, the owner, his people or the third party living in the company, or opposes the offense against these persons of an offense threatened with punishment Against property, morality or physical security. C) An infectious disease or a disease that goes beyond the rental period, is infested or otherwise needs care. D) The invoices submitted at maturity are not paid within a reasonable statutory period (3days). In such a case the tenant is not entitled to a refund (part of) the rent and the tenant is obliged to compensate the damage suffered by the lessor as a result of the tenant’s action or omission.
8.5 If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (eg elementary event, strike, lock-out, official orders etc.), the lessor can terminate the contract at any time without observance of a notice period Or the landlord is exempted from his / her accommodation obligation. Any claims for damages, etc. of the (main) lender are excluded.
8.6 The landlord may provide the (principal) tenant or guests with an adequate substitute accommodation (of the same quality), if this is reasonable for the (principal) tenant, especially if the deviation is negligible and factually justified. A factual justification is given, for example, if the space has become unusable, already quartered guests extend their stay, an overbooking or other important operational measures require this step.
8.7 If the landlord can not provide the apartment due to circumstances which can not be accounted for, the landlord is entitled to dissolve the contract. In this case, the lessee will be refunded the rent, but has no right to a remuneration of the costs or the damage. In this case, the landlord will make every effort to offer the tenant an equivalent alternative for the same or a different period.
IV Final provisions
9.1 The tenant is not allowed to rent the apartment or to give it to others or to provide it to others.
9.2 Animals may only be brought into the company with the prior consent of the landlord and, if necessary, for a special remuneration. The hirer who takes an animal is obliged to keep this animal properly during his stay or to supervise it or to have it supervised by suitable third parties at his expense. The hirer who takes an animal must have an appropriate animal liability insurance or a private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance shall be provided by the landlord.
9.3 Frying with fat is not allowed in and at the apartment. Damage resulting from this is charged directly to the (principal) tenant and charged with the security deposit.
9.4 Skis and ski boots may only be parked in the designated room (ski room).
9.5 The house rules imposed on the apartments must be read and followed.
9.6 House waste must be separated according to the waste rules and placed in front of the entrance door before leaving the apartment. If this rule is not adhered to, the cost of the additional cleaning will be charged against the deposit. A waste separation (glass, plastic, paper, residual waste) must be observed.
9.7 The tenant must leave the kitchen and all utensils which he has used cleanly.
9.8 Damage caused by the lighting of candles will be charged directly to the tenant and charged against the deposit.
9.9 The lighting of fireworks in the apartment is not allowed. Damage resulting from this is charged directly to the tenant and must be settled on the spot.
9.10 If the lessor does not rely on a provision of the general terms and conditions or deviates from it, this does not mean that he can no longer rely on these general terms and conditions in the following cases.
9.11 Place of performance is the place where the accommodation company is situated.
9.12 This contract is subject to Austrian formal and substantive law, with the exclusion of the rules of international private law (to the IPRG and the German Civil Code) as well as to the United Nations Convention on Contracts for the International Sale of Goods.
9.13 The sole domicile of the lessor is the domicile of the landlord and the landlord is also entitled to assert his rights at any other local and factually competent court.
9.14 If the lease has been concluded with a contracting party who is a consumer and has his / her domicile or habitual residence in Austria, actions against the consumer may be brought exclusively to the place of residence, habitual residence or place of employment of the consumer.
9.15 If the contract has been concluded with a contracting party who is a consumer and resides in a Member State of the European Union (excluding Austria), Iceland, Norway or Switzerland, that is local and factual for the consumer’s domicile Competent court.