General Terms and Conditions
AlpenParks Carpe Solem Mariapfarr

General terms and conditions

General information

Type of establishment: apartment
Boarding: without board
Check In: from 16:00
Check Out: until 10:00 a.m.

Prices

Apartments: per night and apartment
Booking and deposit

Your booking is guaranteed and binding with the deposit.

Cancellation

8 weeks to 6 weeks before arrival 40% of the total arrangement price.
6 weeks to 1 week before arrival 70% of the total arrangement price.
1 week before arrival 90% of the total arrangement price.
No show 100% of the total arrangement price.

Take out a travel cancellation insurance to cover yourself in case of illness!

Legal basis of the Austrian hotel regulations.
The place of jurisdiction is Zell am See.

The provisions of the Austrian hotel regulations apply. www.hotelverband.at

Invoice address

Carpe Solem Betriebs GmbH & Co KG
Voggenbergstrasse 2/1
5101 Bergheim
Austria

Scope of application

These terms and conditions apply to contracts for the rental of our houses for accommodation as well as all other services and deliveries provided to the guest by Hagan Lodge. Terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance.

Contractual partner

In case of doubt, the contracting party of the accommodation provider is the customer, even if he has ordered or co-ordered for other named persons. If a third party has ordered for the guest, he shall be liable together with the guest as joint and several debtors for all obligations arising from the contract.

Conclusion of contract, deposit

The accommodation contract is usually concluded by the acceptance of the guest's written or verbal order by the accommodation provider. It may be agreed that the Guest shall make a down payment. The Proprietor may also demand advance payment of the entire agreed fee. The agreed price includes the respective value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and if the price generally charged by the Proprietor for such services increases, this may reasonably increase the contractually agreed price, but by no more than 5%.

Beginning and end of the accommodation

a) The Guest has the right to move into the rented premises from 3 p.m. on the agreed day.
b) The Proprietor has the right to withdraw from the contract in the event that the Guest does not appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed.
c) If the guest has paid a deposit, the room remains reserved until 12 noon of the following day at the latest.
d) If a room is used for the first time before 6 a.m., the previous night shall count as the first overnight stay.
e) The rented rooms are to be vacated by the guest by 10 a.m. on the day of departure.
f) The guest is not entitled to the provision of certain houses.
g) If the guest does not vacate the rooms in due time on the agreed departure day, the Proprietor may charge 50% of the full lodging price for this use exceeding the contract until 6:00 p.m. and 100% after 6:00 p.m. due to the delayed vacating of the rooms. However, the guest shall be entitled to prove that the accommodation provider has incurred no damage at all or significantly less damage.

Withdrawal from the accommodation contract

A cost-free withdrawal of the guest requires the written consent of the accommodation provider. If this does not take place, the agreed price from the contract is to be paid even if the guest does not make use of contractual services or a further letting is no longer possible. In the case of rooms not used by guests, the accommodation provider shall take into account the income from renting the rooms to other parties as well as the saved expenses. However, the guest shall be permitted to prove that the accommodation provider has incurred no loss at all or a significantly lower loss.

House Rules

Separate reference is made to the house rules; these are an integral part of this agreement.
Provision of substitute accommodation

a) The Proprietor may provide the Guest with adequate substitute accommodation if this is reasonable for the Guest, in particular because the deviation is minor and objectively justified.
b) An objective justification is given, for example, if the premises have become unusable, already accommodated guests extend their stay or other important operational measures necessitate this step.
c) Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

Rights and duties of the guest

a) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented premises, the facilities of the accommodating establishment, which are usually and without special conditions accessible to the guests for use.
b) Upon termination of the Accommodation Agreement, the agreed remuneration shall be paid. The Proprietor shall not be obliged to accept non-cash means of payment such as checks, credit cards, vouchers, etc.
c) For the damage caused by the guest the regulations of the compensation law are valid. Therefore, the Guest shall be liable for any damage and disadvantage suffered by the Proprietor or third persons due to his fault or due to the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to directly claim the Proprietor for compensation.

Rights and Duties of the Proprietor

a) If the guest refuses to pay the agreed fee or is in arrears with it, the accommodation provider shall be entitled to retain the items brought in to secure its claim arising from the accommodation as well as its expenses for the guest. (§ 970 c ABGB legal right of retention).
b) The accommodation provider has the right of lien on the objects brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB legal right of lien of the accommodation provider)
c) The Proprietor is obligated to provide the agreed services to an extent corresponding to the standard.
d) Special services of the Proprietor which are subject to marking out and which are not included in the accommodation fee:
§ Provision of additional beds or cribs.
§ Special services that are charged separately (e.g. breakfast service, newspapers, telephone calls, FAX and Internet services, video, etc.)
§ Electricity costs (billing is based on actual consumption)
§ local taxes

Liability of the Proprietor

a) The Proprietor shall be liable for his obligations under the contract with the due care of a prudent businessman; claims of the Customer for damages shall be excluded. Excluded from this are damages suffered by a guest if the damage occurred within the scope of the business and if he or his employees are at fault.
b) The Proprietor shall not be liable to the Guest if the provision of services becomes impossible in the event of a strike or as a result of force majeure.
c) The liability for a parking space for a vehicle provided by the Proprietor shall be limited to the provisions of the liability insurance policies concluded for this purpose.
d) In case of free transportation of the guest by the Proprietor, the liability shall be limited in accordance with the motor vehicle insurance for personal injury and property damage.
e) Liability for brought-in objects. In addition, the Proprietor shall be liable as custodian for the items brought in by the accommodated guests up to a maximum amount of € 1,100,-- unless he proves that the damage was neither caused by him or one of his employees nor by third parties leaving and entering the house.

Keeping of animals

a) Animals may only be brought into the accommodating establishment with prior permission and, if necessary, for a special fee.
b) The guest shall be liable for any damage caused by animals brought into the accommodation establishment in accordance with the legal provisions applicable to animal owners (§ 1320 ABGB).

Extension of the accommodation

An extension of the stay by the guest requires the consent of the accommodation provider.

Termination of the accommodation

a) If the accommodation contract was agreed upon for a certain period of time, it shall end with the expiration of time. If the guest departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.
b) by the death of a guest the contract with the Proprietor ends
c) if the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated.
d) The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect if the Guest
i. Makes a considerably disadvantageous use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests to live together or is guilty of a punishable act against property, morality or physical safety towards the Proprietor and his staff or a person living in the accommodating establishment;
ii. Becomes afflicted with or in need of care for a contagious disease or a disease exceeding the period of lodging;
iii. Fails to pay the bill presented to him/her within a reasonable period of time after being requested to do so.

Place of performance and jurisdiction

The place of performance shall be the place where the accommodating establishment is located. For all contracting parties of the accommodating establishment and any pending court disputes, the competent court for 1010 Vienna shall be agreed upon, insofar as this does not conflict with any mandatory statutory provisions. Austrian law shall apply exclusively to the exclusion of conflict-of-law rules which provide for the application of another legal system.

Final Provisions

Should individual provisions of these general conditions for the conclusion of accommodation contracts be invalid, this shall not affect the validity of the remaining provisions. We reserve the right to correct errors as well as printing and calculation errors. Instead of the invalid one, an agreement that comes as close as possible to the invalid one shall apply. Any deviation or collateral issue requires the written form.