General Terms and Conditions
GTC
1. General
1.1 In case of doubt, the customer shall be deemed to be the contractual partner of LB Hotel GmbH, even if he has ordered or co-ordered for other named persons.
1.2 Persons using the accommodation are guests in the sense of the contractual conditions.
1.3 The room photos shown on the website are sample photos of the relevant category. There may be deviations in design, equipment and floor plans.
2. Conclusion of the contract, deposit
2.1 The accommodation contract is usually concluded by the guest’s reconfirmation of the reservation and receipt of the deposit. There is no legal right to withdraw from the accommodation contract.
2.2 It can be agreed that the guest pays a deposit. In case of non-punctual payment, the Proprietor reserves the right to rent the room(s) to another party. In this respect, the non-punctual payment shall act as a withdrawal of the booking party.
2.3 LB Hotel GmbH may also demand advance payment of the entire agreed fee.
2.4 Parents are liable for their children. Children under the age of 16 are only allowed in the pool area with an accompanying person and between 9 am and 6 pm. Please understand that children under 16 years of age do not have access to the sauna area and the fitness room.
3. Beginning and end of the accommodation
3.1 The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
3.2 The Proprietor shall have 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.
3.3 If the Guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
3.4 If a room is used for the first time before 10 a.m., the previous night shall count as the first overnight stay.
3.5 The rented rooms are to be vacated by the guest by 11 a.m. on the day of departure.
4. Withdrawal from the accommodation contract and rebooking
If no other cancellation conditions have been agreed, the following shall apply:
4.1 Up to 29 days before the agreed date of arrival of the guest at the latest, the accommodation contract can be cancelled by both contracting parties by unilateral declaration without payment of a cancellation fee (exceptions: special dates such as Christmas and New Year’s Eve). The cancellation declaration must be in the hands of the contracting party no later than 29 days before the agreed arrival date of the guest.
4.2 The Accommodation Agreement may be cancelled by either Party by unilateral declaration no later than 8 days prior to the agreed date of arrival of the Guest, however, a cancellation fee in the amount of 70% of the arrangement sum shall be paid. The cancellation declaration must be in the hands of the contracting party no later than 8 days before the agreed arrival date of the guest.
4.3 If the Accommodation Agreement is cancelled 7 days or less prior to the agreed date of arrival or in the event of a no-show, a cancellation fee of 100% of the total amount of the arrangement shall be payable.
4.4 The Proprietor shall have the right to withdraw from the Agreement in case the Guest does not appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed.
4.5 If the Guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.
4.6 Even if the Guest does not make use of the ordered room(s) or the pension service or if the reason for the trip no longer applies (e.g. cancellation of the Hahnenkamm Ski Race), the Guest shall be obliged to pay the agreed remuneration to the Proprietor. However, the Proprietor must deduct what he has received by renting the ordered rooms to other parties.
4.7 It shall be incumbent on the Proprietor to make efforts to let the rooms not used to other parties in accordance with the circumstances (Section 1107 of the Austrian Civil Code).
4.8 Cancellation of beauty & wellness appointments is possible free of charge up to 24 hours before the start of the treatment. After that, 100% of the costs will be charged. The same applies in case of no-show at the appointment.
4.9 The rebooking of the travel date within the relevant travel month is possible. A rebooking fee in the amount of EUR 100 will be charged.
5. Provision of substitute accommodation
5.1 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.
5.2 An objective justification shall be given, for example, if the room(s) have become unusable, already accommodated guests extend their stay or other important operational measures require this step.
5.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
6. Rights of the guest
6.1 By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions accessible to the guests for use, and to the usual service.
6.2 The Guest has the right to move into the rented rooms from 3 p.m. of the agreed day.
6.3 The Guest shall not be entitled to any compensation if the Proprietor fails to provide the agreed meals within the usual hours of the day and in the rooms designated for this purpose.
7. Obligations of the Guest
7.1 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..
All costs necessary for the acceptance of such securities, e.g. for inquiries, etc., shall be borne by the Guest.
7.2 If food or beverages are available at the accommodating establishment but are brought there and consumed in public rooms, the Proprietor shall be entitled to charge reasonable compensation (so-called “stubble money” for beverages).
7.3 The Proprietor’s consent shall be obtained before electrical appliances brought by the Guests and which are not part of the usual travel requirements are put into operation.
7.4 For the damage caused by the Guest the provisions of the law on damages shall apply. Therefore, the Guest shall be liable for any damage and disadvantage suffered by the Proprietor or third persons due to his/her fault or due to the fault of his/her companions or other persons for whom he/she is responsible, even if the injured party is entitled to claim damages directly from the Proprietor.
8. Rights of the Proprietor
8.1 If the Guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodating establishment shall have the right to retain the items brought in to secure his claim from the accommodation and catering as well as his expenses for the Guest. (§ 970 c ABGB legal right of retention).
8.2 The Proprietor shall have the right of lien on the items brought in by the Guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the Proprietor).
8.3 If service is requested in the Guest’s room or at unusual times of the day, the Proprietor shall be entitled to charge a special fee for this. He can also refuse these services for operational reasons.
9. Obligations of the Proprietor
9.1 The Proprietor shall be obliged to render the agreed services to an extent corresponding to the standard.
9.2 Special services of the Proprietor which are not included in the accommodation fee and which are subject to the awarding of prizes:
a) pecial accommodation services that may be charged separately, such as the provision of lounges, sauna and indoor swimming pool, swimming pool, solarium, bunk bath, garaging, etc.
b) for the provision of additional beds or children’s beds, a reduced price will be charged.
(3) The awarded prices shall be inclusive prices.
10. Liability of the Proprietor for damages
10.1 The Proprietor shall be liable for damages suffered by a Guest if the damage occurred within the scope of the operation and if he or his employees are at fault.
10.2 Liability for brought-in objects. In addition, the Proprietor shall be liable as the custodian for the items brought in by the accommodated guests up to a maximum amount of Euro 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.
10.3 Under these circumstances, the Proprietor shall be liable for valuables, money and securities up to a maximum amount of Euro 550, unless he has taken these items into custody with knowledge of their condition or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by notice shall have no legal effect.
The safekeeping of valuables, money and securities may be refused if the items in question are considerably more valuable than guests of the establishment in question usually leave in safekeeping. Agreements by which the liability is to be reduced below the level specified in the above paragraphs are invalid. Objects shall be deemed to have been brought in if they are taken over by a person in the service of the accommodating establishment or if they are brought to a place assigned by the latter and designated for this purpose. (In particular §§ 970 ff. ABGB).
11. Pets
11.1 Pets may only be brought into the accommodating establishment after prior approval and, if necessary, against special remuneration.
Pets are not allowed in the lounges, function rooms and restaurant rooms (with the exception of Salon Schwarzsee) or in the spa.
11.2 The guest shall be liable for any damage caused by animals brought to the accommodation in accordance with the legal provisions applicable to the animal owner (§ 1320 ABGB).
12. Extension of the accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
13. Termination of the accommodation
13.1 If the Accommodation Agreement has been agreed upon for a certain period of time, it shall end upon the expiry of such period. If the Guest departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.
However, it shall be incumbent on the Proprietor to endeavor to rent the rooms not used to another party in accordance with the circumstances.
13.2 The death of a Guest shall terminate the Agreement with the Proprietor.
13.3 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement at any time by giving three days’ notice. The notice of termination must reach the Party before 10 a.m., otherwise this day shall not be considered the first day of the notice period, but only the following day.
13.4 If the Guest does not vacate his/her room by 11 a.m., the Proprietor shall be entitled to charge the room rate for another day.
13.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes a considerably disadvantageous use of the rooms or by his inconsiderate, offensive or otherwise grossly unseemly behaviour makes it unpleasant for the other fellow occupants to live together or is guilty of an act against property, morality or physical safety threatened with punishment towards the Proprietor and his staff or a person living in the accommodating establishment;
b) is afflicted with a contagious disease or a disease exceeding the period of accommodation or is in need of care;
c) fails to pay the bill presented to him/her upon request within a reasonably set period of time.
(6) If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated.
However, the accommodation provider is obliged to return the already received remuneration on a pro rata basis, so that he does not derive any profit from the event. (§ 1447 ABGB.)
14. Illness or death of the guest in the accommodating establishment
14.1 If a guest falls ill during his stay in the accommodating establishment, the Proprietor shall be obliged to provide medical care if this is necessary and the guest is not able to do so himself.
The Proprietor shall be entitled to the following compensation from the Guest or, in the event of death, from the Guest’s legal successor:
a) possible reimbursement of medical expenses not yet paid by the guest;
b) for the necessary room disinfection, if this is ordered by the public health officer;
c) if necessary, compensation for linen, bedding and bed furnishings that have become unusable, against surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness or death;
e) for the room rent, as far as it is lost in connection with the illness or the death due to temporary unavailability of the rooms (at least three, at most seven days).
15. Place of fulfilment and legal venue
15.1 The place of fulfilment shall be the place where the accommodating establishment is located.
15.2 The legal venue is the appropriate court of the hotel.