General terms and conditions
COOEE alpin Hotels
Version of 31 March 2020
Table of contents
- Withdrawal by the hotel, premature cancellation of the contract by the hotel 5
- Liability of the guest 6
These General Terms and Conditions replace all previously valid General Terms and Conditions from the date of their applicability on 31.03.2020 and are valid for all accommodation contracts concluded from 01.04.2020. You can download our General Terms and Conditions here as PDF.
Any differing terms and conditions, even if they are contained in the General Terms and Conditions of the guest or the contractual partner, shall not apply unless they are expressly accepted in written form. The hotel explicitly rejects any General Terms and Conditions of the guest or contractual partner. No further objections by the hotel to General Terms and Conditions of the guest or contractual partner is required.
Any individual written agreements that deviate from these General Terms and Conditions take precedence over these General Terms and Conditions in the respective areas that are regulated otherwise. In further areas, the present General Terms and Conditions apply also to individual agreements, as long as their partial or total exclusion criteria have not been explicitly agreed in written form.
These General Terms and Conditions apply exclusively to legal transactions concerning accommodation services, excluding the voucher purchase. The General Terms and Conditions for the voucher purchase can be found here .
- The accommodation contract (hereinafter: “Contract”) is concluded by sending the hotel’s booking confirmation in response to the guest’s booking request.
- The contractual partners are the hotel and the guest. If a third party makes the booking on behalf of the guest, he/she is liable to the hotel as a purchaser for all obligations arising from the contract together with the guest as joint and several accounts receivable. This applies as far as the hotel has received a corresponding declaration from the purchaser. Regardless of the above, each purchaser is obliged to pass on to the guest all information relevant to the booking, especially these General Terms and Conditions.
- The subletting and re-letting of provided rooms as well as their use for other purposes than lodging require the prior written consent of the hotel.
- By concluding a contract, the guest acquires the right to the standard use of the booked rooms and hotel facilities, which are publicly accessible to guests without any special conditions. The guest must exercise his rights according to the hotel and/or guest guidelines (house rules).
- The hotel is obliged to provide the booked rooms and agreed services in accordance with these General Terms and Conditions.
- The guest is obliged to pay the hotel’s applicable rates or agreed rates for the provision of rooms and any other services used by the guest. This is also applicable to the hotel services and expenses of the guest towards third parties.
- The agreed rates include the respective VAT. The hotel is not obliged to accept foreign currencies.
- The rates may be changed by the hotel if the guest subsequently requests changes regarding the number of booked rooms, the room category, the hotel’s services or the length of the guest’s stay, and if the hotel agrees to such changes.
- Hotel services that are not included in the rate and are subject of an additional fee are for example:
5.1 Special services such as provision of seminar rooms, use of sauna, parking fee, rental of equipment, etc.
5.2 Provision of extra beds or baby beds.
- The hotel is entitled to demand a prepayment or security deposit. The amount of this prepayment / security deposit is stated in the contract and can be agreed upon in writing form.
- The hotel is entitled at any time during the guest’s stay to request immediate payment of any outstanding claims by means of an interim invoice.
- Hotel’s invoices handed to the guests are due immediately upon their receipt and are payable without deduction.
The guest is in default if:
1.1. invoices which have been directly handed over are not paid upon receipt without deduction,
1.2. the hotel’s invoices are not paid within 14 days after receipt of an invoice (by e-mail, fax, post) or
1.3. the payment has not been made in due time which has been expressly agreed upon in writing form (while deviating from 1.1. and 1.2).
- In case of payment default, the hotel is entitled to charge consumers default interest of 4%. The hotel reserves the right to claim higher damages from the consumer. For each reminder after default has occurred, the hotel is entitled to demand a reminder fee from the consumer in the amount of the costs actually incurred.
- In business transactions with entrepreneurs, the default interest rate is 9.2% above the base rate. The hotel reserves the right to assert a higher damage claim against the entrepreneur. For each reminder after default has occurred, the hotel is entitled to demand a reminder fee of at least € 40.00 or the actual costs incurred from the entrepreneur.
- The consumer is excluded from the right of set-off, unless
1.1 the hotel becomes insolvent,
1.2. it is a counterclaim by the consumer which is legally connected with his commitment,
1.3. the consumer’s counterclaim has been the subject of a final court judgment, or
1.4. the hotel has expressly acknowledged the counterclaim in writing form.
- The right of set-off is excluded for entrepreneurs.
- The guest is not entitled to be provided specific rooms unless the hotel has confirmed the provision of certain rooms in writing form.
- The hotel is entitled to provide the guest with adequate replacement accommodation of the same quality if this is reasonable for the guest, especially if the deviation is minor and objectively justified. A factual justification exists, for example, if the room has become unusable, guests who have already stayed are extending their stay, there is an overbooking or other important operational measures require this step. Any additional expenses for the replacement accommodation will be borne by the hotel.
- Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival date. The guest is not entitled to earlier room provision.
- If the room is used before 6 a.m., the previous night counts as the first night and the guest will be charged accordingly.
- Booked rooms are to be occupied by the guest no later than 6:00 p.m. on the agreed arrival day, if not expressly agreed otherwise. After 6:00 p.m. the hotel does not have to provide accommodation to the guest.
- Unless a later arrival time has been expressly agreed, the hotel is entitled to allocate after 6 p.m booked rooms to other parties. In this respect, the hotel has a right of withdrawal (Point IX. 3.5.). The guest´s claims for compensation won´t be accepted.
- On the agreed departure date, the rooms must be vacated and handed over to the hotel no later than 10:00 a.m.. Thereafter, the hotel can invoice the guest the full accommodation price as a result of incurred costs.
- If the guest cannot appear on arrival day due to the unforeseeable extraordinary events (e.g. extreme snowfall, flooding etc.), whereby all arrival options are blocked, the guest is not obliged to pay the agreed fee for the days when the arrival has not been possible.
- The obligation to pay the remuneration for the booked stay is revived from the time of arrival if the journey becomes possible within three days.
- If the guest departs earlier than agreed, the hotel is entitled to demand the full agreed remuneration. However, the hotel will deduct the savings resulting from the non-utilization of the rooms as well as the acquisition of the rooms by renting them out to others. Such savings shall only be deemed to exist if the hotel is fully occupied at the time of non-utilization of the rooms ordered by the guest and the rooms can be let to additional guests due to the guest’s cancellation.
- Animals may only be brought into the hotel with the prior consent of the hotel and only for a special fee.
- The guest who takes an animal with him/her is obliged to keep and supervise this animal properly during his/her stay or to have it kept and supervised by suitable third parties at his/her expense.
- The guest must have an appropriate animal liability insurance or a private liability insurance, which also covers possible damages caused by animals. Proof of such insurance shall be provided upon request by the hotel.
- The guest is liable to the hotel for any damage caused by animals brought along. It also includes any compensations to the third parties.
- Animals are not allowed in public areas, restaurants and wellness area.
- According to § 18 Paragraph 1 Z 10 FAGG, there is no right of withdrawal in distance selling transactions for accommodation services.
- However, the hotel will grant the guest a right of withdrawal under following conditions:
2.1. The contract can be cancelled by unilateral declaration of the guest at the latest 3 months prior to the agreed arrival date without cancelation fee. This does not apply to bookings with non-refundable rates.
2.2. Outside the period specified in point 2.1, withdrawal by unilateral declaration of the guest is only possible by paying the following cancellation fees:
2.2.1. 29 to 15 days prior to the arrival date 30% of the total price;
2.2.2. 14 to 7 days prior to the arrival date 60% of the total price;
2.2.3. 6 days and less prior to the arrival date 80% of the total price.
Unless, there are different cancellation policies communicated in booking confirmation.
If the guest cancels the reservation within the last week prior to the arrival (point 2.2.3), the hotel reserves the right to calculate the compensation amount and charge the guest accordingly. The compensation amount is limited to a maximum of the contractually agreed price for the service to be provided, deducting the value of the expenses saved by the hotel and the amount that the hotel acquires by using the hotel services for other purposes.
- The regulations on compensation in accordance with point 2.2.3 apply if the guest does not make use of the booked room or the booked services without notifying the hotel in advance (No Show).
- If the hotel has granted in the contract to the guest an option to withdraw within a certain period without further legal consequences, the hotel has no claim to compensation. The date of receipt of the written notice by the hotel is decisive for the punctuality of the withdrawal notice.
- At the latest 3 months prior to the agreed arrival day of the guest, the contract can be cancelled by the hotel for objectively justified reasons by unilateral declaration of the hotel, unless otherwise expressly agreed in writing form.
- The hotel is entitled to withdraw from the contract if an advance payment or security deposit agreed in accordance with III. 5. is not made within defined period.
- Furthermore, the hotel is entitled to withdraw from the contract for good cause. Good cause shall be deemed to exist in particular if
3.1. rooms are booked under misleading or false declaration of important facts, e.g. false facts concerning the identity of the guest, false means of payment, stolen means of payment, unpaid deposits or the purpose;
3.2. the guest makes a considerably disadvantageous use of the rooms or, through his reckless, offensive or otherwise grossly improper behaviour towards other guests, the owner, employees or third parties staying in the hotel, endangers the stay or is guilty of an act against property, physical integrity or morality towards these persons which is punishable by law,
3.3. the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardise the smooth operation, safety or public reputation of the hotel, without this being attributable to the sphere of the hotel;
3.4. there is an unauthorized subletting or re-letting in accordance with point II. 3;
3.5. there is an untimely appearance according to point VI. 5;
3.6. the financial circumstances of the guest significantly deteriorate after the contract´s conclusion, in particular if the guest does not settle due claims of the hotel, stops payments or does not provide sufficient security and therefore payment claims of the hotel appear endangered and the termination of the contract is indispensable to avert serious personal or economic disadvantages of the hotel;
3.7. insolvency or rehabilitation procedures have been initiated against the assets of the guest or out-of-court proceedings have been initiated to settle debts and the termination of the contract is indispensable to avert serious personal or economic disadvantages of the hotel;
3.8. the fulfillment of the contract becomes impossible due to an event considered to be force majeure (e.g. elementary events, strike, lockout, official decrees, etc.), the hotel may terminate the contract at any time without notice, unless the contract is already deemed terminated by law or the hotel is released from its obligation to provide accommodation. Any claims for damages on the part of the guest as well as other obligations of the hotel to pay compensation are excluded.
- The hotel must inform the guest immediately in written form about the execution of the withdrawal right as well as about the contract cancellation.
- Any further legal rights of withdrawal are not affected by the abovementioned regulations.
The guest is liable to the hotel for any damage caused by the guest or other persons who, with the guest’s consent or knowledge, make use of the booked hotel´s rooms or services.
XI. Right of retention and right of lien
If the guest refuses to pay the agreed fee or is in arrears, the hotel is entitled to the statutory right of retention in accordance with § 970c ABGB (Austrian Civil Code) as well as the statutory right of lien in accordance with § 1101 ABGB (Austrian Civil Code) on the items brought in by the contractual partner or the guest. Furthermore, the hotel is entitled to this right of retention or lien to secure its claims arising from the contract, for instance for meals, other expenses incurred for the contract partner or guest, as well as for compensation claims of any kind.
- The hotel is liable in accordance to § 970 of ABGB (Austrian Civil Code) for the objects brought in by the guest.
- The hotel’s liability in accordance to § 970 para. 1 ABGB (Austrian Civil Code) is limited to the amount stipulated in the Federal Act of November 16th, 1921 on the liability of innkeepers and other entrepreneurs. The liability for valuables, money and securities is limited to an amount of currently € 550.00 as stated in § 970 of ABGB. In any case, however, the amount of any liability of the hotel is limited to the maximum amount insured by the hotel. Any fault of the contractual partner or of the guest should be considered.
- The hotel can refuse to store valuables, money and securities if they are considerably more valuable than those usually kept by guests of the accommodation facility concerned.
- If the contractual partner or the guest does not immediately comply with the hotel’s request to deposit his or her belongings at a special place of safekeeping, the hotel is released from any liability.
- The hotel’s liability for slight negligence is excluded.
- If the contractual partner is an entrepreneur, liability for gross negligence is also excluded in addition to the point XI. 5. In this case, the contractual partner or guest bears the burden of proof for the culpability. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
- The hotel is not liable if the contractual partner or guest fails to notify the hotel immediately of the damage that has occurred.
- If the contractual partner is a consumer, the hotel and its employees, contractors or other vicarious agents (“People”) shall not be liable in cases of slight negligence for property damage or financial losses of the guest or contractual partner. This shall apply regardless of whether the damage is direct or indirect, loss of profit, consequential damage, damage due to delay, incapability, positive violation of claims, fault at the time of contract conclusion, or due to defective or incomplete performance. Insofar as the liability of the hotel is excluded or limited, this also applies to the personal liability of its “People”.
- If the guest or contractual partner is an entrepreneur, the hotel and its employees, contractors or other vicarious agents (“People”) shall not be liable in cases of slight negligence for property damage or financial losses of the guest or contractual partner, regardless of whether the damage is direct or indirect, loss of profit or consequential damage, damage due to delay, incapability, positive violation of claims, fault at the time of contract conclusion, due to defective or incomplete performance. The existence of gross negligence must be proven by the guest or contractual partner. The guest or contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated.
- If the guest or contractual partner is an entrepreneur, the application of § 934 ABGB (Austrian Civil Code) (reduction of more than half) is expressly disclaimed at the expense of the guest or contractual partner.
- If the guest or contractual partner is an entrepreneur, the guest’s claims for damages shall expire six months from the date of knowledge of the damage; in any event, however, after three years from the date of the breach by the hotel.
- If the guest or contractual partner is an entrepreneur, he is not entitled to withhold payments due to warranty claims. The presumption regulation of § 924 ABGB is hereby expressly disclaimed.
- Data protection regulations are not included in the above liability regulations.
- Place of execution and place of jurisdiction is the place where the hotel is located.
- This contract is subject to Austrian formal and material law, excluding the regulations of private international law and its referral norms as well as the UN Sales Convention.
- The exclusive place of jurisdiction in the case of bilateral business transactions is the registered office of the hotel operating company, whereby the hotel is also entitled to assert its rights at any other local court.
- In the case of contracts with consumers, who have their domicile or habitual residence in Austria, legal action can only be brought at the domicile, habitual residence or place of employment of the consumer.
- For contracts with consumers, who are domiciled in a member state of the European Union (except of Austria), Iceland, Norway or Switzerland, the court which is locally and factually competent for the domicile of the consumer is exclusively responsible for legal actions against the consumer.
- In the case of contracts with consumers who do not have their place of residence in one of the states mentioned in point XIV. 4. or 5. or who have moved abroad after these General Terms and Conditions have come into effect or whose place of residence is not known at the time when legal action is taken, the registered office of the hotel operating company is the sole place of jurisdiction for all disputes arising from this contract.
- Should individual regulations of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining regulations shall not be affected. In the case of contracts with entrepreneurs, the invalid or unenforceable regulations shall be replaced by a valid and enforceable regulations whose effects come closest to the economic objective of the invalid or unenforceable regulation.