Terms and Conditions

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all accommodation contracts and all related services and supplies provided by Alphotel (“Hotel”).

1.2 They apply to consumers and business customers, unless mandatory statutory provisions provide otherwise.

1.3 Individual agreements between the Hotel and the contracting party shall take precedence over these GTC.

1.4 The contracting party’s own general terms and conditions shall only become part of the contract if the Hotel has expressly agreed to their application.

2. Conclusion of the Contract

2.1 An accommodation contract is concluded upon acceptance of a booking by the Hotel. Acceptance may be made in particular by means of a booking confirmation in text form.

2.2 An enquiry does not constitute a binding accommodation contract.

2.3 The booking confirmation, including the services, prices, dates of stay and any special conditions stated therein, shall determine the content of the contract.

2.4 The Hotel is entitled to make bookings subject to an advance payment, deposit or other reasonable security.

2.5 If an agreed deposit or advance payment is not made on time, the Hotel shall be entitled, following the unsuccessful expiry of a reasonable grace period, to withdraw from the contract and make the booking available for resale. To the extent permitted by law, the Hotel’s claims for compensation for any resulting loss shall remain unaffected.

3. Bookings for Several Persons

3.1 The person making the booking is responsible for ensuring that all persons travelling with them are informed of the essential booking conditions.

3.2 The contracting party shall be responsible for the proper fulfilment of the obligations arising from the booking to the extent legally attributable to them.

3.3 In particular, the contracting party shall be liable in accordance with statutory provisions for culpably caused damage, extraordinary soiling and other additional costs caused by them or persons travelling with them.

3.4 Parents or legal guardians shall be responsible for minors registered by them to the extent provided for by law.

4. Hotel Services

4.1 The Hotel shall provide the services specified in the booking confirmation.

4.2 The scope of a booked package or arrangement shall be determined exclusively by the booking confirmation and/or the offer description applicable at the time of booking.

4.3 For all-inclusive offers and packages, only those services expressly stated as included in the respective offer are included in the agreed price.

4.4 Services not expressly included shall be charged separately.

4.5 The Hotel shall be entitled, for objectively justified operational, technical, safety-related or weather-related reasons, to temporarily restrict, modify or replace individual ancillary services with equivalent services, provided that this does not materially alter the overall character of the booked offer.

4.6 Mandatory statutory rights of the contracting party shall remain unaffected.

5. Prices and Price Changes

5.1 The prices agreed at the time of conclusion of the contract shall apply.

5.2 Unless expressly stated otherwise, prices include statutory VAT at the applicable rate.

5.3 Statutory charges, in particular local accommodation or tourist taxes, shall be charged separately unless expressly included in the offer.

5.4 Changes to a booking after conclusion of the contract, in particular changes to the number of persons, length of stay, room category or additional services, may result in an adjustment of the total price.

5.5 To the extent permitted by law, prices may be adjusted proportionately to changes in statutory taxes, duties or other public charges occurring after conclusion of the contract.

6. Payment Terms

6.1 The Hotel is entitled to require an appropriate deposit or full advance payment. The applicable payment conditions shall be communicated to the contracting party at the time of booking.

6.2 Advance payments must be made within the period specified in the booking confirmation.

6.3 All outstanding amounts must be paid in full no later than the end of the stay.

6.4 The Hotel may request an interim payment or reasonable security during the stay if the outstanding charges reach a significant amount.

6.5 Statutory default interest shall apply in the event of late payment.

6.6 The Hotel shall also be entitled to claim legally permissible costs incurred for appropriate debt collection and legal enforcement.

6.7 In the event of payment default, the Hotel may, to the extent permitted by law, make further services conditional upon immediate payment or an appropriate security deposit.

7. Arrival

7.1 The booked room will generally be available from 3:00 p.m. on the day of arrival.

7.2 Early check-in cannot be guaranteed and is subject to availability.

7.3 Upon arrival, the Hotel may require valid identification and the information required by applicable registration laws.

7.4 The Hotel may refuse accommodation where statutory reasons prevent accommodation or where there is another objectively justified reason.

8. Departure

8.1 The room must be fully vacated by 10:00 a.m. on the day of departure.

8.2 Late check-out is only permitted with the prior consent of the Hotel.

8.3 An additional fee may be charged for an agreed late check-out.

8.4 In the event of an unauthorised extension of the departure time, the Hotel shall be entitled to charge reasonable compensation for use of the room as well as any additional costs actually incurred.

8.5 In particular, in the event of a significant delay in vacating the room, the Hotel reserves the right, subject to statutory provisions, to make the room available for subsequent guests.

9. Cancellation by the Contracting Party

9.1 The contracting party may cancel the booking at any time. The cancellation conditions expressly agreed in the booking confirmation shall take precedence.

9.2 Unless different cancellation conditions have been expressly agreed, the following cancellation charges shall apply:

• up to 3 months before arrival: no cancellation charge;
• from 3 months up to 1 month before arrival: 40% of the agreed total price;
• from 1 month up to 1 week before arrival: 70% of the agreed total price;
• within the last week before arrival and in the event of a no-show: 90% of the agreed total price.

9.3 Different cancellation conditions may apply to individual rates, offers, special promotions, groups, events or other bookings expressly designated as non-refundable or subject to restricted cancellation. Such conditions shall be communicated to the contracting party before completion of the booking.

9.4 The cancellation deadline shall be determined by the time at which the cancellation is received by the Hotel.

9.5 The contracting party shall be entitled to prove that the Hotel suffered no loss or a substantially lower loss.

9.6 The Hotel shall take into account saved expenses and income obtained from re-letting the cancelled room, to the extent required by applicable law.

9.7 The Hotel shall remain entitled to prove a higher actual loss to the extent permitted by law.

10. Special Rates, Promotional Offers and Non-Cancellable Packages

10.1 For particularly discounted special rates, promotional offers and packages, the Hotel may establish special payment, amendment and cancellation conditions. These conditions shall be expressly communicated to the contracting party before completion of the booking and the relevant offer shall be clearly designated as “non-cancellable”, “non-refundable” or by equivalent wording.

10.2 The special price granted for such an offer is expressly conditional upon the booking being neither cancellable nor freely changeable or transferable to another date after conclusion of the contract.

10.3 In the case of a non-cancellable or non-refundable rate, the agreed total price remains payable irrespective of whether the booked services are actually used, partially used or not used at all. This applies in particular to:

• cancellation of the booking;
• no-show;
• late arrival;
• early departure;
• shortening of the stay;
• failure to use individual booked services; and
• changing the travel dates.

10.4 Rebooking to another travel period is generally excluded for such rates. There is likewise no entitlement to transfer the booking to another person.

10.5 Any amendment or transfer shall require the Hotel’s prior express consent. Such consent constitutes a voluntary goodwill arrangement and shall not establish any entitlement to similar treatment for future bookings.

10.6 The Hotel may make any goodwill arrangement conditional upon recalculation of the stay at the price applicable at the time of the change, an appropriate administration fee and reimbursement of any additional costs actually incurred.

10.7 Payments already made shall generally not be refunded in the event of cancellation, to the extent permitted by law.

10.8 The Hotel shall be entitled to claim the amount contractually due under the special tariff conditions even if the contracting party does not use the booked services.

10.9 The Hotel shall take into account saved expenses and income obtained from any alternative use of the booked services to the extent required by mandatory statutory provisions.

10.10 Mandatory statutory rights of withdrawal, termination or cancellation of the contracting party shall remain unaffected.

11. No-Show

11.1 If the contracting party or the booked guest does not arrive on the agreed arrival date and no alternative arrival has been agreed with the Hotel, this shall constitute a no-show.

11.2 In the event of a no-show, the cancellation and/or tariff conditions applicable to the respective booking shall apply.

11.3 For non-cancellable or non-refundable rates, the agreed total price shall remain payable in accordance with the applicable booking conditions.

11.4 The Hotel shall be entitled to re-let rooms that are not used, subject to the applicable booking conditions and statutory provisions.

12. Late Arrival

12.1 Late arrival shall generally not entitle the contracting party to a reduction of the agreed room or package price.

12.2 The contracting party is requested to inform the Hotel without delay if arrival is expected to be late.

12.3 In the event of a substantially delayed arrival without prior notification, the Hotel may, subject to statutory and contractual provisions, re-let the room if no other arrangement has been agreed.

13. Early Departure

13.1 Early departure after commencement of the stay shall generally not entitle the contracting party to a reduction of the agreed total price if the early departure is attributable to reasons for which the contracting party is responsible.

13.2 This applies in particular to voluntary shortening of the stay, changes to personal travel plans or failure to use individual booked services.

13.3 Saved expenses and income from alternative use shall be taken into account to the extent required by applicable law.

13.4 Statutory rights of the contracting party in the event of a disruption of services attributable to the Hotel shall remain unaffected.

14. Exceptional Circumstances and Travel Restrictions

14.1 If arrival is objectively and actually impossible due to unforeseeable extraordinary circumstances, the applicable statutory provisions shall apply.

14.2 Mere inconvenience, increased travel time or personal difficulty in travelling shall generally not constitute grounds for free cancellation unless otherwise required by law.

14.3 In particular in connection with weather-related travel risks, the Hotel recommends taking out suitable travel cancellation insurance.

15. Withdrawal and Early Termination by the Hotel

15.1 The Hotel shall be entitled to withdraw from the contract or terminate an accommodation contract that has already commenced in accordance with statutory provisions if there is an objectively justified reason.

15.2 An objectively justified reason shall in particular exist if:

a) an agreed deposit or advance payment has not been made despite an appropriate grace period;

b) material circumstances were stated incorrectly or concealed by the contracting party at the time of booking;

c) the actual occupancy or number of persons differs materially from the information provided at the time of booking;

d) the contracting party or a person travelling with them seriously harasses, threatens or endangers Hotel staff, other guests or other persons;

e) the conduct of the contracting party or a person travelling with them materially disrupts the proper operation of the Hotel;

f) rooms, facilities or other Hotel property are intentionally or grossly negligently damaged;

g) the contracting party fails to comply with material provisions of the Hotel’s house rules despite being requested to do so; or

h) the Hotel is unable to provide the contractually agreed services due to force majeure, official orders or other unavoidable extraordinary circumstances.

15.3 In the event of early termination attributable to the contracting party, the Hotel’s claims for payment and damages shall remain unaffected to the extent permitted by law.

15.4 Where the Hotel terminates the contract early for a reason attributable to the contracting party, there shall generally be no entitlement to a refund of amounts already paid insofar as such amounts relate to services already provided or contractually agreed cancellation charges.

16. House Rules and Conduct

16.1 The contracting party and all persons travelling with them must comply with the Hotel’s house rules and the instructions of Hotel staff.

16.2 Other guests and Hotel employees must be treated with due respect.

16.3 The following are in particular prohibited:

a) substantial disturbance of other guests;

b) aggressive, insulting or threatening behaviour;

c) wilful or grossly negligent damage to Hotel property;

d) use of rooms or Hotel facilities for purposes other than those intended;

e) allowing unregistered persons to stay in a room without the Hotel’s consent; and

f) conduct contrary to applicable law.

16.4 In the event of serious or repeated violations of the house rules, the Hotel may take appropriate measures, including requesting the guest to cease the disruptive conduct and, to the extent permitted by law, terminating the stay prematurely.

16.5 In the event of early termination attributable to the guest, the Hotel’s statutory claims shall remain unaffected.

17. Damage and Extraordinary Cleaning

17.1 The contracting party shall be liable in accordance with statutory provisions for damage culpably caused by them or by persons travelling with them.

17.2 This applies in particular to damage to rooms, furniture, technical equipment, textiles, sanitary facilities and other Hotel property.

17.3 The contracting party shall also be liable for extraordinary soiling where this has been culpably caused and exceeds the normal level of cleaning resulting from proper use.

17.4 The Hotel shall be entitled to charge the actual and demonstrable costs of cleaning, repair, replacement or other damage remediation.

17.5 Flat-rate damage charges shall only be applied to the extent legally permissible and reasonable.

17.6 Where there are reasonable grounds to suspect that the guest has caused damage, the Hotel may request an appropriate security deposit and/or assert outstanding claims in accordance with statutory provisions.

 

18. Children and Supervision

18.1 The duty to supervise minors generally lies with their parents or the person otherwise legally or contractually responsible for supervision.

18.2 Parents or persons responsible for supervision must ensure that children comply with the Hotel’s house rules, safety requirements and rules governing the use of facilities.

18.3 Children's facilities may only be used in accordance with their respective rules of use.

18.4 Unless expressly agreed otherwise, the Hotel does not undertake general or continuous supervision of children.

18.5 Statutory duties of care, traffic safety and supervision applicable to the Hotel remain unaffected.

19. Use of Leisure, Sports and Wellness Facilities

19.1 Leisure, sports, wellness and other facilities may only be used in accordance with their intended purpose and the applicable safety and usage rules.

19.2 Age, height, weight or other requirements for the use of individual facilities must be observed.

19.3 The Hotel may temporarily close or restrict individual facilities for safety, maintenance, weather-related or operational reasons.

19.4 Any claim for compensation shall be determined in accordance with applicable statutory provisions.

 

20. Pets

20.1 Bringing pets into the Hotel requires the Hotel’s prior consent.

20.2 The Hotel may make the acceptance of pets subject to an additional fee and specific conditions.

20.3 Pets may only be taken into areas designated for their use.

20.4 The pet owner must ensure that the animal does not pose a danger, cause disturbance or unreasonably affect other guests or Hotel employees.

20.5 The pet owner shall be liable in accordance with statutory provisions for any damage, soiling or additional cleaning costs caused by the animal.

20.6 In the event of serious or repeated violations, the Hotel may require the animal to be removed from the Hotel. If this is not possible or the request is not complied with, the Hotel may terminate the contract prematurely in accordance with statutory provisions.

 

21. Property Brought into the Hotel and Valuables

21.1 The statutory provisions, in particular Sections 970 et seq. of the Austrian General Civil Code (ABGB), shall apply to property brought into the Hotel.

21.2 Special statutory provisions apply to valuables, cash and securities.

21.3 The Hotel recommends storing valuables in the Hotel safe whenever possible.

21.4 The Hotel does not seek to exclude liability by means of a mere notice or sign where such exclusion would be legally ineffective.

21.5 The contracting party must notify the Hotel without undue delay of any loss or damage.

22. Vehicles and Parking

22.1 Parking spaces are provided subject to availability and the Hotel’s applicable parking rules.

22.2 The mere provision of a parking space does not generally constitute a custodial agreement for the vehicle.

22.3 Vehicles may only be parked in designated areas.

22.4 The Hotel shall be liable for damage to vehicles or their contents only in accordance with statutory provisions.

22.5 Valuable items should not be left in vehicles.

23. Lost Property

23.1 Lost property shall be handled in accordance with statutory provisions.

23.2 The Hotel may charge reasonable costs for packaging, shipping and other necessary expenses.

23.3 Unclaimed lost property shall be handled in accordance with statutory provisions.

 

24. Defects and Obligations to Cooperate

24.1 The contracting party must notify the Hotel without undue delay of any recognisable defects or complaints during the stay.

24.2 The Hotel will endeavour to investigate justified complaints promptly and provide appropriate remedy where possible.

24.3 The contracting party must, to the extent reasonably possible, assist in keeping any resulting damage to a minimum.

24.4 If the contracting party fails to notify the Hotel of a defect when such notification would reasonably have been possible, and this prevents or substantially impedes the Hotel from remedying the defect, the statutory consequences may apply.

 

25. Liability of the Hotel

25.1 The Hotel shall be liable in accordance with statutory provisions.

25.2 Any limitation of liability shall not apply to damage resulting from injury to life, body or health or in cases where the Hotel is subject to mandatory statutory liability.

25.3 For other damage, the Hotel shall be liable in accordance with statutory provisions. To the extent legally permissible, the Hotel shall not be liable for damage caused exclusively by slight negligence where such damage does not result from a breach of essential contractual obligations.

25.4 The contracting party shall be liable in accordance with statutory provisions for damage caused culpably by the contracting party or a guest accompanying them.

25.5 The Hotel’s liability for property brought into the Hotel shall be governed by statutory provisions, in particular Sections 970 et seq. ABGB.

26. Data Protection

26.1 The Hotel processes personal data in accordance with applicable data protection laws.

26.2 Further information is provided in the Hotel’s current Privacy Policy.

27. Package Travel and Linked Travel Arrangements

27.1 Where a booked service constitutes a package travel arrangement within the meaning of the Austrian Package Travel Act (Pauschalreisegesetz – PRG), the mandatory provisions of the PRG shall apply.

27.2 Where legally required, the traveller shall receive the relevant pre-contractual information and documents.

27.3 These GTC do not restrict any mandatory statutory rights of the traveller under the PRG.

28. Set-Off

28.1 Claims against the Hotel may only be set off against claims of the Hotel where such counterclaims are undisputed or have been finally established by a court.

28.2 In relation to consumers, this provision shall apply only to the extent legally permissible.

29. Rights of Retention

29.1 To the extent legally permissible, the contracting party may exercise rights of retention only in respect of claims arising from the same contractual relationship.

29.2 Mandatory statutory rights shall remain unaffected.

30. Place of Performance

30.1 The place of performance for the services provided by the Hotel shall be the location of the Hotel, unless mandatory statutory provisions provide otherwise.

31. Applicable Law

31.1 Austrian law shall apply.

31.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

31.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the extent that its exclusion is legally permissible.

32. Jurisdiction

32.1 For consumers, the statutory rules governing jurisdiction shall apply.

32.2 For business customers, the registered office of the Hotel shall be agreed as the place of jurisdiction to the extent legally permissible.

33. Limitation Periods and Statutory Deadlines

33.1 The statutory limitation periods and statutory exclusion periods shall apply.

33.2 No shortening of statutory periods shall be agreed with consumers.

34. Special Booking Conditions

34.1 Special conditions may apply to individual offers, rates, promotions, group bookings, events and other special arrangements.

34.2 Such special conditions shall take precedence over these GTC if they have been expressly communicated to the contracting party before or at the latest upon conclusion of the contract.

34.3 For bookings made through tour operators, travel agencies or online booking platforms, the terms and conditions validly agreed through those providers shall apply in addition.

35. Severability

35.1 If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected.

35.2 The invalid or unenforceable provision shall be replaced by the applicable statutory provision.

36. Final Provisions

36.1 The version of these GTC validly agreed at the time the contract is concluded shall apply.

36.2 Amendments and additions to the contract do not require any particular form unless a stricter form is required by law.

36.3 Mandatory statutory rights of the contracting party shall remain unaffected by these GTC.

36.4 In the event of any discrepancies or inconsistencies between the German and English versions of these General Terms and Conditions, the German version shall prevail.