General Terms of Business
For mutual assurance of the accommodation agreement.
- “Accommodation Provider” Sportresort Hohe Salve GmbH, Austrian company reg. no. 286454 g
- “Guest”: means a natural person who makes use of the accommodation. The guest is usually also the Contracting Party. The guest also includes persons who arrive with the Contracting Party (e.g. family members, friends, etc.)
- “Contracting Party”: means a natural or legal person from Austria or abroad who concludes an Accommodation Agreement as a Guest or on behalf of a Guest.
- “Participant” means a Guest who makes use of a sports service provided by the Accommodation Provider.
- “Consumer” and “Entrepreneur”: shall have the same meaning as in the Austrian Consumer Protection Act 1979 (KSchG) as amended.
- “Accommodation Agreement”: means the agreement made between the Accommodation Provider and the Contracting Party, the contents of which are more particularly described below.
Formation of contract – Deposit
The Contract for Accommodation shall be concluded by the acceptance of the Contracting Party’s order by the Accommodation Provider. An electronic notification shall be deemed to have been received when the party to whom it has been sent is able to retrieve it under normal circumstances and it is received during the usual business hours of the Accommodation Provider.
The Accommodation Provider is entitled to make conclusion of an Accommodation Agreement conditional on the Contracting Party paying a deposit. If the Contracting Party agrees to pay a deposit (whether orally or in writing), the Accommodation Agreement shall be formed upon receipt by the Accommodation Provider of the Contracting Party's notification of such agreement to pay the deposit.
The Contracting Party is required to make payment of the deposit no later than 15 days after demand by the Accommodation Provider (free of bank charges). The transaction costs incurred in making the payment (e.g. bank transfer fees) shall be borne by the Contracting Party. The relevant terms and conditions of the credit card company shall apply for payments made by credit and debit card. If the Contracting Party fails to make the payment on time, the Accommodation Provider may either continue to insist on payment of its claim or, after expiry of a reasonable grace period allowed to the Contracting Party, withdraw from the agreement.
The deposit is an instalment of the total fee agreed.
Beginning and end of accommodation
The Contracting Party shall be entitled to occupy the rooms hired from 16:00 on the agreed date of arrival (“Arrival Day”), unless the Accommodation Provider offers another check-in time.
If access to a room is first taken before 06:00, the previous night shall be deemed to be the first night.
The rooms hired shall be vacated by the Contracting Party by 11:00 on the day of departure. The Accommodation Provider shall be entitled to invoice for an additional night if the rooms hired are not vacated on time.
Withdrawal from accommodation agreement – Cancellation fee
1. Withdrawal by the Accommodation Provider
If the Accommodation Agreement provides for a deposit and the deposit is not paid on time, the Accommodation Provider may withdraw from the Accommodation Agreement immediately without any requirement to provide a grace period.
If the Guest does not arrive before 18:00 on the agreed Arrival Day, the Accommodation Provider shall be under no obligation to provide the accommodation, unless a later arrival time had been agreed.
If the Contracting Party had paid a deposit, the reservation shall stand until 12:00 noon on the day following the agreed Arrival Day at the latest. In the case of advance payment of more than four days, the obligation to provide accommodation shall end at 18:00 on the fourth day, with the Arrival Day being counted as the first day, unless the Guest has notified a later Arrival Day.
Unless otherwise agreed, the Accommodation Agreement may be terminated unilaterally by the Accommodation Provider up to 3 months before the Contracting Party's Arrival Day on objectively justifiable grounds.
2. Withdrawal by the Contracting Party - Cancellation Fee
- Cancellation free of charge up to 7 days before arrival
- 6 days to 4 days before arrival we allow ourselves to charge 70% of the booked services.
- 3 days to 1 day before arrival we charge 90% of the booked services.
- Cancellation or no show on the day of arrival we allow ourselves to charge 100% of the booked services.
Furthermore, a free cancellation and a Covid 19 money back guarantee are valid at any time if the following options occur:
- You or one of your fellow travelers have / is Covid-19 tested positive (presentation of a positive test)
- You or one of your fellow travelers is / is a K1 or K2 person (submission of an official notification)
- Lockdown in Austria
Impediment to arrival
If the Contracting Party is unable to make it to the accommodation facility on the Arrival Day because travel is made impossible by unforeseen extraordinary circumstances (e.g. extreme snowfall, flood, etc.), and no other means of arrival are possible, the Contracting Party shall not be required to pay the agreed fee for the Arrival Day.
The obligation to pay for the booked stay shall resume if the journey becomes possible again within three days.
Provision of replacement accommodation
The Accommodation Provider may provide suitable alternative accommodation (equivalent quality) to the Contracting Party or the Guest if this is acceptable to the Contracting Partner, especially where the deviation is minimal and objectively justifiable.
An alternative is objectively justifiable if the room or rooms has or have become unusable, existing guests have extended their stay, in the event of overbooking or it is required for any other material operational reason.
Any additional costs arising from the alternative accommodation shall be borne by the Accommodation Provider.
Contracting Party’s rights
Through conclusion of the Accommodation Agreement, the Contracting Party acquires the right to make normal use of the hired rooms and those facilities within the accommodation which are usually accessible to guests for their use without special conditions, and to make use of the usual services. The Contracting Party is to exercise its rights in accordance with all applicable hotel and/or guest policies (house rules).
Contracting Party’s obligations
The Contracting Party is required to pay the agreed fee plus any additional costs incurred by it and/or its accompanying Guests for special services, plus any applicable VAT, by no later than check-out.
The Accommodation Provider is not required to accept foreign currency. If the Accommodation Provider does accept payment in foreign currency, it will be accepted as far as possible in accordance with daily exchange rates. Should the Accommodation Provider accept payments in foreign currency or by means other than cash, any associated costs, such as enquiries with credit card companies, telegrams, etc., shall be borne by the Contracting Party.
The Contracting Party shall be liable to the Accommodation Provider for all damage caused by it or the Guest or such other person who orders services with the knowledge of or at the request of the Contracting Party.
Accommodation Provider’s rights
In the event that the Contracting Party refuses to make payment of the outstanding fee, or is in arrears thereof, the Accommodation Provider shall be entitled to make use of the statutory right of retention under section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien under section 1101 ABGB in relation to items brought into the accommodation by the Guest. These rights of retention or lien are also available to the Accommodation Provider to secure its claims arising out of the Accommodation Agreement, especially for catering, miscellaneous outlays which have been incurred on behalf of the Contracting Party and for any compensation claims of any kind.
If the service is requested in the room of the Contracting Party or outside of usual hours, the Accommodation Provider shall be entitled to charge a surcharge. The Accommodation Provider may also refuse to provide these services for operational reasons.
The Accommodation Provider has the right to invoice or interim invoice for its services at any time.
Accommodation Provider’s obligations
The Accommodation Provider is required to perform the agreed services to the usual standard expected of it.
Special services provided by the Accommodation Provider which are subject to a separate charge and are not included in the price of the accommodation include, for example: special accommodation services that may be invoiced separately.
Liability of the Accommodation Provider for damage to possessions
The Accommodation Provider shall be liable under sections 970 et seq. of the Austrian Civil Code (ABGB) for the possessions brought to the accommodation by the Contracting Party. The Accommodation Provider shall only be liable if these items are given to the Accommodation Provider or their authorised agent. Provided that the Accommodation Provider is unable to prove otherwise, the Accommodation Provider shall be liable for its own fault and that of its staff and outgoing and incoming persons. The Accommodation Provider shall be liable up to the amount set out for hoteliers and other businesses in section 970(1) ABGB from 16 November 1921 as amended. The Accommodation Provider shall be released from liability where the Contracting Party or the Guest has failed to comply without delay with the Accommodation Provider's requirement for the items to be put in a specified storage location. The liability of the Accommodation Provider is limited to the value of the Accommodation Provider's third party liability insurance. Fault of the Contracting Party or the Guest is to be taken into account.
The liability of the Accommodation Provider for negligence is excluded. Where the Contracting Party is a business, liability for gross negligence is also excluded. In this case, the Contracting Party shall carry the burden of proof for proving fault. The Accommodation Provider shall have no liability for consequential or indirect losses or loss of profit.
The Accommodation shall only be liable up to the sum of € 550 for valuables, cash and securities. The Accommodation Provider shall only be liable for damages extending beyond this amount where it was aware of the nature of the item upon accepting it for storage or in the event that the damage was caused by the Accommodation Provider or a person for whom it is responsible in law. The limitation of liability contained in sub-clauses (1) and (2) shall apply mutatis mutandis.
The Accommodation Provider may refuse to safeguard valuables, cash and securities where it concerns items having a value significantly greater than that which guests of the accommodation usually hand over for safekeeping.
Liability is excluded in any event of safekeeping if the Contracting Party and/or the Guest does not bring the damage to the attention of the Accommodation Provider without delay. Furthermore, the right to bring a claim shall expire if it is not brought within three years of the date on which the Contracting Party or Guest becomes aware, or should have become aware, of the damage.
Limitation of Liability
If the Contracting Party is a consumer, the Accommodation Provider’s liability for negligence shall be excluded, with the exception of personal injury.
If the Contracting Party is a business, the Accommodation Provider’s liability for negligence and gross negligence shall be excluded. In this case, the Contracting Party shall carry the burden of proof for proving fault. The Accommodation Provider shall have no liability for consequential, non-pecuniary, or indirect losses or for loss of profits. Liability shall be limited to the value of the contract.
Animals may only be brought into the accommodation with the prior consent of the Accommodation Provider and in any event in return for an additional fee.
The Contracting Party who brings the animal is required to keep it under control and supervise it during the stay or to engage suitable third parties to do so at its own cost.
The Contracting Party or the Guest who brings the animal must have suitable animal liability insurance or a private third party liability insurance which also covers potential damage caused by animals. Evidence of suitable insurance is to be exhibited to the Accommodation Provider upon request.
The Contracting Party and its insurer shall be jointly and severally liable to the Accommodation Provider for the damages caused by the animal. Damage also, in particular, includes any compensation which the Accommodation Provider needs to pay to third parties.
Animals are not to be taken into the lounge, social areas, restaurant areas or spa areas.
Extension of accommodation period
The Contracting Party is not entitled to extend its stay. The Accommodation Provider may agree to the extension of the stay if the Contracting Party notifies its wish to extent its stay in a timely manner. The Accommodation Provider shall be under no obligation to do so.
If the Contracting Party is unable to leave the accommodation on the check-out day because travel is made impossible by unforeseen extraordinary circumstances (e.g. extreme snowfall, flood, etc.), the Accommodation Agreement shall be extended automatically for the period during which travel remains impossible. A reduction of the fee for this time is only possible if the Contracting Party is unable to use the services offered by the accommodation facilities in full as a result of the extraordinary weather conditions. The Accommodation Provider shall be entitled to charge at least the usual price charged during the off-season.
Termination of the accommodation agreement – Early termination
If the Accommodation Agreement was agreed for a certain period, it shall end on expiry of that period.
If the Contracting Party leaves early, the Accommodation Provider shall be entitled to charge the full price. The Accommodation Provider shall reduce the price by any amount which it saves as a result of non-utilisation of its services or which it receives from re-letting the rooms reserved. A reduction shall only be provided when the accommodation is fully occupied at the time at which the Guest fails to occupy the rooms reserved and the rooms can, because of the cancellation, be hired out to other guests. The burden of proof for the reduction shall be borne by the Contracting Party.
The Accommodation Agreement with the Accommodation Provider shall terminate upon the death of a Guest.
If the Accommodation Agreement was entered into for an indefinite period, it may be terminated by either party before 10:00 on the third day before the intended expiry date.
The Accommodation Provider is entitled to terminate the Accommodation Agreement with immediate effect for good cause, especially where the Contracting Party or the Guest:
- is using the rooms in a way which is significantly detrimental or which because of lack of consideration, inappropriate or rude behaviour, is causing nuisance to other guests, the owner, its staff or third parties residing in the accommodation or is acting towards these people in a way which threatens property, decency or personal safety;
- is suffering from an infectious illness or an illness which continues beyond the duration of the stay, or otherwise is in need of medical care;
- fails to pay the invoices rendered within a reasonable period of them becoming due (3 days).
In the event that force majeure (e.g. acts of god, strike, lockout, administrative measures, etc.) makes performance of the contract impossible, the Accommodation Provider may terminate the Accommodation Agreement forthwith at any time, provided that the agreement is not already deemed to have been terminated under statutory provisions or the Accommodation Provider has been released from its obligations. The Contracting Party shall have no right to claim compensation for damages etc.
Illness or death of a Guest
In the event that a Guest becomes ill during their stay in the accommodation, the Accommodation Provider shall, if requested by the Guest, arrange for medical care. If delaying would cause a risk, the Accommodation Provider shall also arrange for medical care without the particular request of the Guest, and especially where this is necessary and the Guest is not capable of doing so themselves.
Whilst the Guest is not capable of making decisions or the Guest’s relatives cannot be contacted, the Accommodation Provider shall arrange for medical care at the cost of the Guest. The provision of care shall end, however, once the Guest is capable of making decisions or the relatives have been notified of the event of illness.
The Accommodation Provider shall have a claim for compensation against the Contracting Party and the Guest or, in the event of death, against their successors in title, for the following costs in particular:
- unsettled medical costs, costs of medical transport, medicines and therapeutic aids;
- necessary room disinfection;
- linen, bedsheets and bed furniture which have been rendered unusable, or otherwise for the disinfection or thorough cleaning of these items;
- reconstruction of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death;
- room rental, to the extent that the room is used by the Guest in question, together with any days during which the room cannot be used because of disinfection, cleaning or similar;
- any other losses sustained by the Accommodation Provider.
The Accommodation Provider offers its guests a comprehensive range of sports and leisure activities during their stay. For all activities described, the Accommodation Provider expressly declares that these will be carried out under the direction of a professional and while ensuring the highest level of safety possible. However, participation in sports activities, even where due care is taken, carries danger and risks with it that cannot be entirely excluded. The Participant is aware of this The responsibility lies with each Participant themselves to evaluate their own ability to take part, the risks to their health and their level of experience, and takes place at their own risk. The following provisions apply, however, for all activities offered by the Accommodation Provider:
1. Exclusion of liability for the Accommodation Provider as facilitator of sports activities
The Accommodation Provider is only liable for the diligent selection of the relevant event organiser or service provider, and the proper procurement/arrangement of services for the benefit of the Participants. The Accommodation Provider shall not be liable for the proper performance of the services arranged or procured by it. The Accommodation Provider undertakes to the Participant to provide the name and address of the event organiser with the booking confirmation, so far as this information is not already apparent from the brochure or other promotional material related to the booking.
2. Exclusion of liability for the Accommodation Provider as organiser of road cycling and mountain bike tours.
The Accommodation Provider, as the organiser of mountain bike tours, expressly declares that not all cycling tours offered can be found in the published range of tours for the region. The usual rules of conduct for mountain biking and road cycling are to be observed by each Participant autonomously! Each Participant has a different technical ability and level of training. Participants must therefore select routes according to their level of fitness and experience in the mountains. The weather conditions should also be taken into consideration. Tracks may change within a short space of time because of weather and other factors and sections of the tracks may even become impassable as a result.
The Accommodation Provider expressly draws attention to the fact that the character of the cycle routes, in particular with regard to ground conditions, the difficulty grading of the route, etc., is subject to constant change because of external circumstances outside the Accommodation Provider’s control, such as the weather. Traversing the cycle routes described and being in the mountains, even in keeping with the requisite care, carries with it danger and risks that cannot be entirely excluded. Each Participant must take note of this. Responsibility for route selection, evaluation of personal capabilities and experience and the navigation of the terrain lies with each Participant themselves. Communication (mobile telephone) is only possible to a limited extend for some training sessions and tours, or may not be possible at all, and in the case of an accident, rescue and/or the relevant medical care may be delayed or not available at all. Use of the bikes in open terrain in particular carries with it an increased risk of damage or signs of heavy wear. For the reasons specified, the Accommodation Provider does not accept any liability for negligent damage to property or pecuniary losses which has been caused by the actions or omissions of either the Accommodation Provider itself or anyone for whom it is responsible in law. Furthermore, where the person injured is not a consumer, the Accommodation Provider’s liability for negligence is also excluded for personal injury.
3. Exclusion of liability for the Accommodation Provider as the organiser of ski / alpine ski / freeride / mountain tours
The Accommodation Provider, as the organiser of mountain sports activities, expressly declares that not all activities offered can be found in the published range of tours for the region. The Accommodation Provider expressly draws attention to the fact that the events, in particular with regard to weather conditions on the mountain, individual constitution of the Participant, ground conditions, the difficulty rating of the routes, etc., are subject to constant change resulting from external circumstances outside the Accommodation Provider’s control, such as the weather. Being in the mountains, even while taking due care, carries danger and risks with it that cannot be entirely excluded. The Participant is aware of this Responsibility for route selection, evaluation of personal capabilities and experience and the navigation of the terrain lies with each Participant themselves. Communication (mobile telephone) is only possible to a limited extend for some mountain activities, or may not be possible at all, and in the case of an accident, rescue and/or the relevant medical care may be delayed or not available at all. For the reasons specified, the Accommodation Provider does not accept any liability for negligent damage to property or pecuniary losses which are caused by the actions or omissions of either the Accommodation Provider itself or anyone for whom it is responsible in law. Furthermore, where the person injured is not a consumer, the Accommodation Provider’s liability for negligence is also excluded for personal injury.
4. Exclusion of liability for the Accommodation Provider as the organiser of other sporting activities
The Accommodation Provider does not accept any liability for negligent damage to property or pecuniary losses which are caused by the actions or omissions of either the Accommodation Provider itself or anyone for whom it is responsible in law. Furthermore, where the person injured is not a consumer, the Accommodation Provider’s liability for negligence is also excluded for personal injury.
Place of performance, Jurisdiction and Governing law
The place of performance is the location of the accommodation.
This agreement is governed by Austrian procedural and substantive law excluding the rules of international private law (esp. the Austrian International Private Law Act (IPRG) and the Rome Convention (EVÜ)) and UN sales law.
Where the agreement has been concluded between two businesses, the courts of the location of the Accommodation Provider’s registered office shall have exclusive jurisdiction. The Accommodation Provider is also entitled to raise proceedings in any other court having jurisdiction based on location or subject matter.
Where the Accommodation Agreement has been concluded with a Contracting Party who is a consumer domiciled or ordinarily resident in Austria, proceedings may only be raised against the consumer in the courts located where the consumer has its domicile, ordinary residence or place of activity.
Where the Accommodation Agreement has been concluded with a Contracting Party who is a consumer domiciled or ordinarily resident in a member state of the European Union (other than Austria), Iceland, Norway or Switzerland, proceedings may only be raised against the consumer in a court having jurisdiction based on location or subject matter for the place of domicile of the consumer.
Insofar as these terms do not provide otherwise, notice periods begin to run from service of the written notice on the party who is to comply with the time limit. In calculating a notice period which is specified in days, the day on which the point in time or event falls which is to be used in calculating the period shall not be included in the calculation. Notice periods ascertained in weeks or months relate to the day of the week or month which, by its name or number, corresponds to that from which the period is to be counted. If a month does not have a particular date, the last day of the month shall be used.
Notices must be received by the other contracting party by the last day of the notice period (by midnight).
The Accommodation Provider is entitled to set off its claims against claims made by the Contracting Party. The Contracting Party is not entitled to set off its claims against claims made by the Accommodation Provider unless the Accommodation Provider is insolvent or the Contracting Party’s claim has been judicially determined or the claim has been recognised by the Accommodation Provider.
Where this agreement is silent, the relevant statutory provisions shall apply.