Terms and Conditions
General terms and conditions of
Landberg Alpine Holidays GmbH, A-7532 Mühlbach 87
1.1 (main) tenant: A natural or legal person who concludes a rental contract with the landlord for an apartment.
1.2 Co-tenant: The person who lives in the apartment together with the (main) tenant.
1.3 Landlord: Landberg Alpine Holidays GmbH natural or legal person who rents the apartment to the tenant. Landberg Alpine Holidays GmbH mediates the conclusion of the rental agreement between the landlord and the tenant with regard to the apartments and also acts as the agent of the landlord in the following cases.
1.4 The contract: The rental agreement between the landlord and the (main) tenant.
1.5 The rental conditions: These rental conditions applied by the landlord.
II Applicable rental conditions
2.1 Subject to agreements to the contrary by the parties, the rental conditions apply to the contract as well as all offers, special offers, contracts and services of the landlord.
2.2 The rental conditions are provided to the (main) tenant before or at the time of conclusion of the contract, as far as reasonably possible. If the rental contract is concluded by mediation by Landberg Alpine Holidays GmbH, the rental conditions are provided to the (main) tenant on behalf of the landlord by Landberg Alpine Holidays GmbH.
2.3 All prices quoted on www.wildkogelresorts.at are in Euros and including VAT. No liability can be made for any prices incorrectly stated on the website.
III Contract conclusion
3.1 The contract is concluded by the order of the tenant by the landlord. Electronic declarations shall be deemed to have been received if the party for which they are intended can access them under normal circumstances and access to the announced business hours of the landlord is made.
3.2 The landlord is entitled to conclude the contract on condition that the (main) tenant makes a down payment. In this case, the landlord is obliged to draw attention to the required deposit before accepting the written or oral order of the (main) tenant.
3.3 The confirmation also contains the name and contact details of the landlord.
3.4 If the confirmation contains errors, the tenant must inform Landberg Alpine Holidays GmbH within 2 working days of the reservation.
3.5 Landberg Alpine Holidays GmbH is entitled on behalf of the landlord to refuse a booking request due to the (youth) age or the group size of the tenant. In addition, in such a case, other conditions may be attached to the lease, such as.B. the payment of a higher deposit.
3.6 Changes to a booking already made can be made free of charge up to a maximum of 3 months prior to arrival.
3.7 The (main) tenant has the right, if the landlord does not offer any other reference period, to move into the apartment from 4 p.m. on the agreed day ("arrival day").
3.8 The apartment must be vacated by the (main) tenant on the day of departure until 10.00 a.m. The landlord is entitled to charge for another day if the rented rooms are not vacated in due time.
IV Resignation by the landlord
4.1 If the deposit is not paid by the (main) tenant in due time, the landlord may withdraw from the rental agreement without any grace period.
4.2 If the guest does not show up by 9 p.m. on the agreed date of arrival, there is no obligation to provide accommodation unless a later arrival date has been agreed.
4.3 If the (main) tenant has paid a deposit, the premises shall be reserved no later than 12 noon on the day following the agreed date of arrival.
4.4 The rental contract may be terminated by the landlord, for objectively justified reasons, by unilateral declaration no later than 1 month before the agreed date of arrival of the contractual partner.
V Cancellation by main tenant
5.1 The (main) tenant is entitled to cancel a booking free of charge within 2 working days of booking, in writing or by e-mail, unless the stay at the resort takes place within one month of booking.
5.2 After expiry of the in 5.1. the term mentioned above is the right time to cancel in writing only upon payment of the following cancellation costs:a) in case of cancellation up to 1 month before the arrival date: free of charge;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 arrival date: 90% of the rental price; d) in case of cancellation from the day of arrival or in case of no-show : the full rental price.
VI Rental price, deposit and payment
6.1 Subject to an agreement to the contrary, the rental price shall apply: on the basis of the amount of the rental price of the apartment valid at the time of confirmation; including VAT;- including the costs expressly stated on the website when describing the apartment;- plus tourist tax and tourism levy;- plus deposit and any additional costs for additional deliveries and services, such as .B final cleaning.
The exception is clearly indicated package prices as such.
6.2 The (main) tenant must pay 30% of the rental price by deposit or transfer to the bank or current account specified in the confirmation within the date indicated on the booking confirmation for the due date of the deposit within the meaning of Article 3.2. A payment by credit card is only possible on express instructions.
6.3 The outstanding rental price must have been paid at Landberg Alpine Holidays GmbH or in advance in the manner specified in Article 6.2 at the latest upon arrival on site.
6.4 If the agreed payment deadline is exceeded, the (main) tenant shall be in default from the date of the deadline being exceeded without express notice of default by Landberg Alpine Holidays GmbH. From that moment on, the tenant must pay the statutory interest.
6.5 As soon as the lessee is in default, Landberg Alpine Holidays GmbH is entitled to terminate the contract on behalf of the landlord. In this case, the lessee must pay the cancellation costs referred to in Article 5.2.
6.6 The legal and extrajudicial costs of the landlord with regard to the collection of the amounts owed to the landlord and not paid in due time shall be borne by the (main) tenant.
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.
The legal costs are subject to the fact that the actual and reasonable costs incurred must be reimbursed.
6.7 The deposit must be paid on arrival. The deposit varies depending on the apartment, but is at least Euro 300.00 and a maximum of Euro 600.00.
The deposit will be returned to the tenant's account within 3 working days of the return of the key to the above address, or the credit card will be secured unless any defects have been found.
6.8 If the main tenant refuses to pay the fee or is thus in arrears, the landlord shall be entitled to the statutory right of retention pursuant to Section 970c of the German Civil Code (ABGB) as well as the statutory lien pursuant to Section 1101 of the AbGB to the goods brought in by the contractual partner or.dem by the guest. This right of retention or lien is also entitled to the landlord in order to secure his claim under the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
6.9 If the service is requested in the room of the contractual partner or at exceptional times of the day (after 8 p.m. and before 7 a.m.), the landlord is entitled to charge a special fee for this. However, this special fee must be paid on the room price table. The landlord may also refuse these services for operational reasons.
6.10 The landlord has the right to billing or interim billing at any time.
7.1 The (main) tenant shall be liable to the landlord for any loss or damage caused to the landlord during the rental period of the apartment as a result of the use, regardless of whether the damage was caused by the actions or omission of the (main) tenant or by third parties, which are in the apartment through the tenant's intervention, or by an animal or an object owned by the tenant.
7.2 The landlord is liable in accordance with Section 970 ff OF the German Civil Code (ABGB) for the goods brought in by the main tenant. The landlord's liability is only given if the goods have been handed over to the landlord or the people authorised by the landlord or have been brought to a place instructed or designated by them. If the landlord fails to prove it, the landlord is liable for his own fault or the fault of his people as well as the outgoing and incoming persons. If the (main) tenant or the guest does not immediately comply with the landlord's request to deposit his belongings in a special storage location, the landlord is exempt from any liability.
The amount of any liability of the landlord is limited to a maximum of the liability insurance sum of the respective landlord. A fault of the tenant or guest must be taken into account.
7.3 The liability of the landlord is excluded for slight negligence. If the (main) tenant is an entrepreneur, liability is also excluded for gross negligence. In this case, the (main) tenant bears the burden of proof for the existence of the fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
7.4 The landlord is only liable for valuables, money and securities up to the current amount of Euro 550.00. The landlord shall be liable for any further damage only in the event that he has taken over these items for storage in the knowledge of their nature or in the event that the damage was caused by himself or one of his people.
7.5 The landlord may refuse to hold valuables, money and securities in the case of much more valuable items than guests usually place in custody.
7.6 The lessee must immediately report defects found at the apartment within 24 hours after its creation or detection to the caretaker/manager present on site or in his absence Landberg Alpine Holidays GmbH.
7.7 If the defect is a property which cannot be credited to the tenant or a condition of the apartment, on the basis of which the apartment does not provide the tenant with the enjoyment that the contract may expect, the landlord is required to remedy the defect. The tenant must always give the landlord the opportunity to remedy any defects.
7.8 If, in the opinion of the lessee, the complaints are not sufficiently dealt with by the landlord, Landberg Alpine Holidays GmbH will contact the landlord in a situation referred to in Article 7.7. and mediate between the tenant and the landlord in order to seek a solution.
Landberg Alpine Holidays GmbH can also make a financial settlement with the tenant on behalf of the landlord.
The provision in this article is expressly regarded as a performance obligation of Landberg Alpine Holidays GmbH.
7.9 If no amicable solution to the complaint is reached in this case, Landberg Alpine Holidays GmbH, if this has not yet been done, will provide the tenant with the information of the landlord known to the company at the request of the tenant, in order to give the tenant the opportunity to give the landlord a possible claim.
7.10 The landlord shall be liable to the lessee in compliance with the following restrictions if the lessee has suffered financial damage due to an attributable failure of the landlord in the performance of the obligation under the contract.
7.11 The landlord is not liable if the lessee could rely on insurance, e.B. travel or cancellation insurance, in the event of any damage.
7.12 Liability for damages and costs suffered by the lessee in the exercise of his profession or business is excluded, unless it is intentional or gross negligence on the part of the landlord.
7.13 Notwithstanding the provisions of the preceding paragraphs of this Article, the liability of the landlord for damages, excluding death or personal injury of the lessee, shall be limited to a maximum of three times the travel price, unless the landlord is intentional or grossly negligent.
7.14 The main lessee shall be liable to the landlord for any damage caused by the guest or other persons who, with the knowledge or will of the (main) tenant, receive services from the landlord.
VIII Termination of the contract
8.1 If the rental agreement has been concluded for a certain period of time, it shall end with the expiry of the contract.
8.2 If the (main) tenant leaves early, the landlord is entitled to demand the full agreed fee.
8.3 The contract with the landlord ends with the death of a guest.
8.4 The landlord is entitled to terminate the contract in writing or by e-mail with immediate effect and to demand the immediate evacuation of the apartment,
a) if the lessee seriously neglects his duty of care for the apartment, if he places more or other persons or animals unannounced in the apartment than contractually agreed or causes noise nuisance or otherwise does not fulfil his duties as a good tenant.
b) Makes a significant adverse use of the premises or, through his reckless, offensive or otherwise grossly inappropriate conduct, suffers from the other guests, the owner, his people or the third parties living on the premises in relation to the cohabitation or is guilty of an act punishable by penalty against the property, morality or physical safety against such persons.
(c) is affected by a contagious disease or disease that exceeds the rental period, is affected or otherwise in need of care.
d) The submitted invoices are not paid at the due date within a reasonable statutory period (3 days).
In such a case, the lessee is not entitled to a refund (part) of the rental price and the tenant is obliged to pay for the damage suffered by the landlord as a result of the tenant's actions or omission.
8.5 If the performance of the contract becomes impossible due to an event to be regarded as force majeure (e.B. elementary event, strike, lockout, official orders, etc.), the landlord may terminate the contract at any time without observing a notice period, unless the contract is already deemed to have been terminated by law or the landlord is exempt from his obligation to provide accommodation. Any claims for damages etc. of the (main) tenant are excluded.
8.6 The landlord may provide the (main) tenant or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the (main) tenant, especially if the deviation is minor and objectively justified.
A factual justification is given, for example, if the room has become unusable, guests who have already been accommodated extended their stay, there is an overbooking or other important operational measures require this step.
8.7 If the landlord is unable to provide the apartment due to circumstances that cannot be credited to him, the landlord is entitled to terminate the contract. In this case, the tenant will be refunded the rental price, but has no right to compensation for the costs or damage.
In this case, the landlord will endeavour to offer the tenant as much as possible an alternative for the same or a different period.
IV Final Provisions
9.1 The lessee is not allowed to rent or otherwise provide the apartment to third parties.
9.2 Animals may only be brought into the company with the prior consent of the landlord and at most against a special remuneration.
The lessee who takes an animal with him is obliged to store or supervise that animal properly during his stay or to have it stored or supervised at his own expense by suitable third parties.
The lessee who takes an animal with him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance must be provided by the landlord's request.
9.3 Frying with fat is not allowed in or at the apartment. Damage resulting from this will be charged directly to the (main) tenant and charged to the deposit.
9.4 Skis and ski boots and other winter sports equipment may only be parked in the designated room (ski room).
9.5 The house rules displayed in the apartments must be read and followed.
9.6 Household waste must be separated in accordance with the waste rules and taken to the garbage room before leaving the apartment.
If this rule is not complied with, the cost of the additional cleaning will be charged to the deposit. Uniform waste separation (glass, plastic, paper, residual waste) must be adhered to.
9.7 The lessee must leave the kitchen and all the utensils he has used clean.
9.8 Damages caused by lighting candles will be charged directly to the tenant and charged with the deposit.
9.9 The lighting of fireworks at the apartment is not permitted. Damage caused as a result will be charged directly to the tenant and must be paid on site.
9.10 If the landlord does not invoke or deviate from a provision of the general terms and conditions in a particular case, 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 establishment is located.
9.12 This Agreement is governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in the IPRG and EVÜ) as well as UN Convention on Contracts for the International Sale of Goods.
9.13 The exclusive place of jurisdiction in the two-sided business is the registered office of the landlord, whereby the landlord is also entitled to assert his rights in any other local and competent court.
9.14 If the rental agreement has been concluded with a contractual partner who is a consumer and is domiciled or habitually resident in Austria, actions against the consumer may be brought exclusively at the consumer's place of residence, habitual residence or place of employment.
9.15 If the lease agreement has been concluded with a contractual partner who is a consumer and is domiciled in a Member State of the European Union (ausgen. Austria), Iceland, Norway or Switzerland, the court with local and factual jurisdiction for the consumer's domicile for actions against the consumer has exclusive jurisdiction.