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Terms and Conditions

General Terms and Conditions (as of 01.01.2016)

1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.

2. the subletting or re-letting of the rooms provided and their use for other accommodation purposes require the prior written consent of the hotel.

3. the customer's terms and conditions shall only apply if these have been agreed in advance.

Translated with DeepL.com (free version)

General note

The all-inclusive family hotel "Kinderhotel Alphotel" is a hotel complex with hotel services.

In 2013, the "Kinderhotel Alphotel" was awarded 4 stars according to the guidelines of the "Vorarlberg Chamber of Commerce".

The all-inclusive Familotel "Kinderhotel Alphotel" is referred to as a hotel in the following text for better understanding.

Conclusion of contract, contract partner, liability; statute of limitations

1. the contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.

2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

3. the hotel is liable for its obligations arising from the contract. In the non-typical service area, liability is limited to intent and gross negligence on the part of the hotel.

4. the limitation period for all claims of the customer is 6 months.

5. this limitation of liability and short limitation period shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.

Service, prices, payment, offsetting

1. the hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. the customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. the agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.

4. the prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.

5. invoices of the hotel without a due date are payable on departure, but at the latest within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Austrian Federal Bank. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.

6. the hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

8. all accommodation prices are exclusive of the applicable Kleinwalsertal tourist tax, children up to 14 years are free of charge. In return, the customer receives the AllgäuWalserCard with numerous discounts and reduced admission prices in Kleinwalsertal and the Allgäu.

Withdrawal by the customer (cancelation)

1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.

2. the customer may withdraw from the contract up to 3 months prior to departure without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of delay in performance on the part of the hotel or an impossibility of performance for which it is responsible.

3. in the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.

4. the hotel recommends taking out travel cancellation insurance including cover for early departure (can be taken out at any travel agency, bank or online).

Withdrawal of the hotel

1. if a right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

2. if an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract. Non-payment of the agreed advance payment does not constitute automatic withdrawal from the booking made by the customer.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract:

rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
If there is a breach of the scope of paragraph 2.

4. the hotel must inform the customer of the exercise of the right of withdrawal without delay.

5. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

Room provision, handover and return

1. the customer does not acquire any claim to the provision of specific rooms.

2. booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.

3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100% from 6 p.m. onwards, taking into account the possibility of proving lesser damage.

Liability of the hotel

1. the hotel shall be liable for the diligence of a prudent businessman. This liability shall not apply to typical services, but shall be limited to deficiencies in performance, damages, consequential damages or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,000.00, and for money and valuables up to € 750.00. Money and valuables can be stored in the room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Liability claims shall also lapse if the customer does not keep the room or balcony door locked and valuables can easily be stolen for this reason.

3. the statutory provisions shall apply to the hotel's unlimited liability.

4. if the customer is provided with a parking space in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

5. wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

6. messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.

Final clauses

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. place of performance and payment is the registered office of the hotel.

3. the exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4 Austrian law shall apply.

5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

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