Aldiana Club Hochkönig

Mühlbach am Hochkönig Clubhotel GmbH

1. scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to accommodation contracts for individual guests of Mühlbach am Hochkönig Clubhotel GmbH (hereinafter referred to as "Club" or "Proprietor"), i.e. to the provision of rooms as well as to all other services and deliveries provided by the Club for the Contractual Partner or guest.

1.2 These GTC are an integral part of the contract concluded between the contractual partner and the Club. Any other terms and conditions of the contractual partner are invalid.

1.3 The GTC do not exclude special agreements. The GTC are subsidiary to agreements made in detail.

2. definitions of terms

2.1 "Proprietor" is a natural or legal person who accommodates guests against payment. The Proprietor is Mühlbach am Hochkönig Clubhotel GmbH, Aldiana Club Hochkönig, Mühlbach 425, 5505 Mühlbach, Austria.

2.2 "Accommodation Agreement (ACA)" shall mean the Agreement concluded between the Proprietor and the Party, the content of which shall be specified below.

2.3 "Contractual Partner" shall mean a natural or legal person in Austria or abroad who concludes an Accommodation Agreement as a guest or on behalf of a guest.

2.4 "Guest" shall mean a natural person who makes use of the Accommodation provided by the Proprietor. As a rule, the Guest shall also be the Party. Those persons who arrive with the Party (e.g. family members, friends, etc.) shall also be deemed to be Guests.

2.5 "Club" means the business operated by Mühlbach am Hochkönig Clubhotel GmbH - Aldiana Club Hochkönig, with the business address Mühlbach 425, 5505 Mühlbach am Hochkönig, Austria, in which the Proprietor accommodates the Guests against payment and provides the agreed services. The Proprietor is hereinafter also referred to as the "Club".

3. conclusion of contract - deposit

3.1 The Contractual Partner's reservation request is in principle non-binding. With the order, the Contractual Partner shall issue the reservation order to the Club.

3.2 Unless otherwise agreed, the Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor - as of receipt of the reservation confirmation.

3.3 Electronic statements shall be deemed to have been received if the party for whom it is intended can retrieve it under ordinary circumstances and access is provided during the Club's announced business hours.

3.4 The costs of money transfer shall be borne by the Contractual Partner.

3.5 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. The deposit is a partial payment on the agreed remuneration, which may be agreed individually.

4. beginning and end of the accommodation

4.1 The contracting party has the right to use the rented rooms exclusively from 3:00 p.m. on the day of arrival and until 11:00 a.m. on the day of departure, unless otherwise agreed in the offer.

4.2 The contracting party shall not be entitled to earlier provision.

4.3 The Proprietor is entitled to charge for an additional day if the rented rooms are not vacated in due time.

5. services and duties of the club

5.1 The Club is obliged to keep the room booked by the contracting party available in accordance with these GTC and to provide the contractually owed services. The scope of the agreed services results from the Club description in the offer without engagement submitted by the Club and the information referring to it in the reservation confirmation.

5.2 Services that are not included in the above are described separately and will only be provided if they are expressly requested by the contracting party.

6. rights of the club

7. obligations and liability of the contracting party

7.1 The contracting party is obligated to pay the fee for the use of the room and for other services used, plus statutory value added tax, no later than on the day of departure and submission of the final invoice, unless another individual agreement has been made regarding the time of payment.

7.2 The Club is not obliged to accept foreign currencies. If the Club nevertheless accepts foreign currencies or non-cash means of payment, the contracting party shall bear all costs associated therewith.

7.3 Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation are not permitted.

7.4 The contracting party shall be liable to the Club for any damage culpably caused by it or the guest or other persons who accept services from the Club with the knowledge or will of the contracting party. In any case, the contracting party shall indemnify and hold the Club harmless. Any repair costs and other costs incurred as a result shall be invoiced separately.

8. terms of payment

8.1 The agreed fee includes the respective statutory sales tax and duties, excluding local tax. The local tax is calculated per person per night and is to be paid additionally on site.

8.2 The Club is entitled to request a deposit upon conclusion of the contract. The amount, due date and terms of payment shall be agreed in writing in the contract.

8.3 In the event of default in payment, interest on arrears shall be paid at the statutory rate.

9. provision of substitute accommodation

9.1 The Proprietor may provide the Party or the Guest with adequate substitute accommodation (of the same or higher quality) if this is reasonable for the Party (if the deviation is minor and objectively justified). This is particularly the case if the booked room(s) has become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.

9.2 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

10. withdrawal from the BHV - cancellation fee

10.1 Up to 3 months before the agreed date of arrival of the guest at the latest, the BHV can be terminated without payment of a cancellation fee by unilateral declaration of one of the two contracting parties.

10.2 Outside the period specified in item 10.1, withdrawal on the part of the Contractual Partner is only possible upon payment of the following cancellation fees:

11. resignation of the club

11.1 Up to 3 months before the agreed date of arrival of the contracting party at the latest, the accommodation contract can be terminated by the club for factually justified reasons, unless otherwise agreed, by unilateral declaration.

11.2 If the agreed down payment is not made in due time, the Club shall be entitled to withdraw from the contract. The Club shall immediately notify the contractual partner of the exercise of the right of withdrawal.

11.3 If the guest does not arrive by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed or the guest has guaranteed his booking by making a deposit or otherwise (depositing a credit card as security or similar).

12. termination of the accommodation contract - early termination

12.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of time.

12.2 If the contracting party or a guest departs before the agreed departure date, the Club shall be entitled to demand the full agreed fee. However, the Club shall deduct what it saves as a result of non-use or what it has received by renting the reserved rooms to other parties. The burden of proof of the savings shall be borne by the contractual partner.

12.3 The Club shall be entitled to terminate the accommodation contract with immediate effect for good cause if
- the contracting party has booked rooms under misleading or false information about essential facts, e.g. in the person of the contracting party or the guests or the purpose of the booking
- there is an unauthorized subletting/rental of rooms
- the contractual partner or a guest makes a significantly detrimental use of the premises;
- the Club has reasonable cause to believe that the reckless, offensive, or otherwise grossly inappropriate conduct of the Contracting Party or a Guest will interfere with the smooth operation of the business, the safety, or the public reputation of the Club, or with the enjoyment of the other Guests;
- the contracting party or a guest is guilty of an act punishable by law against property, morality or physical integrity;
- the contracting party or a guest is afflicted with a contagious disease;
- the contracting party fails to make a due payment in spite of setting a grace period of 7 days;
- if insolvency proceedings are opened against the assets of the contracting party or have been dismissed for lack of assets to cover costs;

12.4 In this case, the Club retains the right to payment of the fee; however, the Club will deduct what it saves as a result of non-use or what it has received by renting the ordered rooms to other parties.

12.5 The death of a guest terminates the contract with the accommodation provider.

13. force majeure

13.1 If the fulfillment of the contract becomes impossible, considerably more difficult, endangered or impaired due to an event that is to be considered as force majeure (e.g. elementary event, strike, lockout, official orders, terrorism, etc.), both the contractual partner and the Club may terminate the contract at any time without observing a notice period, provided that the contract is not already considered terminated according to the law, or terminate the contract with regard to individual services.

13.2 The Club retains its right to the fee, in this case the Contractual Partner receives a voucher for a later provision of the prepaid service.

13.3 Any claims for damages by the contractual partner are excluded.

14 Liability of the Proprietor for Damage to Items Brought in & Limitations of Liability

14.1 The Club shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the contracting party. This means that the Club shall only be liable if the items have been handed over to the Club or the people authorized by the Club or have been brought to a place instructed by the Club or designated for this purpose (e.g. safe). The Club shall be liable for its own fault as well as the fault of its people and of persons leaving and entering the premises. The burden of proof for a fault of the club or its people lies with the contractual partner.

14.2 Pursuant to § 970a ABGB (Austrian Civil Code), the Club shall only be liable for valuables, money and securities up to the current amount of € 550. The Club may refuse the safekeeping of valuables, money and securities if they are significantly more valuable items than guests of the accommodation establishment in question usually give into safekeeping.

14.3 Otherwise, a liability limit pursuant to § 970 para. 1 ABGB (Austrian Civil Code) in conjunction with the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs shall apply in the amount of € 1,100.

14.4 The Club shall only be liable for any further damage if it has accepted the items for safekeeping with knowledge of their condition or if the damage was caused by itself or one of its employees. The liability of the club is excluded in this case for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.

14.5 Otherwise, liability is excluded if the contracting party or the guest does not immediately notify the Club of the damage that has occurred as soon as it becomes known and/or the contracting party or the guest does not immediately comply with the Club's request to deposit their belongings in a special place of safekeeping.

14.6 The amount of any liability of the Club shall be limited to a maximum of the liability insurance sum of the respective Club.

14.7 Furthermore, these claims must be asserted in court within three years from the date of knowledge or possible knowledge by the contracting party or guest; otherwise the right shall be extinguished.

14.8 Any fault of the contracting party or guest shall be taken into account.

15. liability of the club in other respects 

15.1 The following exclusions and limitations of liability apply to the Club's liability for damages, without prejudice to the other statutory requirements for claims:

15.2 Claims for damages against the Club are excluded regardless of the legal grounds for slight negligence, with the exception of personal injury. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence to the maximum extent permitted.

15.3 The Club shall only be liable for the slightly negligent breach of essential contractual obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies. In this case, however, the Club shall only be liable for the amount of the foreseeable damage typical for the contract. The Club shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

15.4 To the extent that the Club is liable under the Contract pursuant to the foregoing, the amount of liability shall be limited to three times the Fee.

15.5 Furthermore, liability under the Product Liability Act shall remain unaffected.

15.6 If the contractual partner is an entrepreneur, claims for damages against the Club shall become statute-barred 12 months after knowledge of the damage and the damaging party, with the exception of cases of intent or gross negligence. The burden of proof of gross negligence or intent lies with the contractual partner. Insofar as the liability of the Club is excluded, this shall also apply to the personal liability of the employees, representatives and vicarious agents of the Club.

16. miscellaneous 

16.1 The contracting party is not entitled to an extension of its stay.

16.2 The contractual partner or the guest is responsible for the data transmitted via the WLAN, the chargeable services used via the WLAN and the legal transactions made. If the contractual partner or the guest visits chargeable websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. The contractual partner is not entitled to withdraw from the contract or to claim a reduction of the fee due to possible disturbances of the WLAN connection or a failure of the WLAN connection.

16.3 Smoking is only permitted in the designated, appropriately marked areas. In case of non-compliance, cleaning and, in case of unusability or unrentability of the rooms concerned, the associated loss of earnings shall be claimed.

16.4 Animals may not be brought into the accommodation facility, except in the area of the tendered offer.

17. final provisions 

17.1 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions must be made in writing. This shall also apply to any amendment of this written form requirement.

17.2 The place of performance is the registered office of the company in Mühlbach 425, A-5505 Mühlbach am Hochkönig, Austria.

17.3 The competent court for disputes arising from the contractual relationship shall be the competent court for Mühlbach am Hochkönig, provided that this agreement does not conflict with a mandatory consumer court.

17.4 The Accommodation Agreement shall be governed by Austrian law to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.

17.5 Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of loopholes, the statutory provisions shall apply.

Status 26.01.2023