General Terms and Conditions (AGB) – Hotel loj
These General Terms and Conditions are based on the General Terms and Conditions for the Hospitality Industry 2006 (AGBH 2006) in the version of 15.11.2006, adapted to the Hotel loj.
Company: Oberreiter Tourismus GmbH
Partners: Joseph and Lena Oberreiter
Registered office: Stahlhammergasse 236, 5542 Flachau
Company registration number: FN 495915 m
VAT number: ATU 73567339
§ 1 Scope of Application
These AGB apply to all contracts for accommodation in Hotel loj. Written special agreements are possible and take precedence; otherwise, these provisions apply.
§ 2 Definitions
Accommodation provider: Oberreiter Tourismus GmbH (Hotel loj)
Guest: any natural person who uses the services of the hotel
Contract partner: any natural or legal person who books accommodation services for themselves or others
Accommodation contract: contract between Hotel loj and the contract partner
§ 3 Conclusion of Contract – Deposit
A contract is formed by written confirmation of the booking and a deposit of 30% of the total price. The deposit must be made within 7 days of booking. If the deposit is not made, the room will be cancelled without notice, regardless of any booking confirmation already received. The deposit of the contract partner can be made online via the booking tool or by transferring to the business account of Oberreiter Tourismus GmbH. The deposit is a partial payment on the agreed fee.
Pre-reservation for the next winter season is possible at any time. However, the final prices will be entered on 01.03 of the previous year – there may be deviations. A new booking confirmation will be automatically sent on 01.03. If the contract partner does not agree with the terms, cancellation can be made free of charge.
§ 4 Start and End of Accommodation
Rooms are available from 14:00 on the day of arrival. Apartments and chalets are available from 15:00 on the day of arrival.
On the day of departure, rooms, apartments, and chalets must be vacated by 10:00. The accommodation provider is entitled to charge for an additional day if the rented premises are not vacated in time.
§ 5 Withdrawal by the Contract Partner or the Accommodation Provider
Cancellation costs for the contract partner
If the booking is cancelled up to 3 months before arrival, no costs will be incurred.
2 months before arrival, a cancellation fee of 70% is due.
1 month before arrival, a cancellation fee of 90% is due.
1 week before arrival, the entire amount is due.
Cancellations must be made in writing via email to info@loj-hotel.com.
Withdrawal by the Accommodation Provider
If the guest does not arrive by 18:00 on the agreed day of arrival, there is no obligation to accommodate, unless a later arrival time has been agreed.
If the contract partner has made a deposit, the premises will be reserved until at least 12:00 noon on the day following the agreed day of arrival. The accommodation provider also reserves the right to cancel a booking up to 3 months before arrival.
§ 6 Alternative Accommodation
Hotel loj is in no case obliged to provide alternative accommodation. Exceptions are unforeseen events that make the accommodation uninhabitable.
§ 7 Rights of the Guest
By concluding an accommodation contract, the contract partner acquires the right to the usual use of the rented premises, the facilities of the accommodation operation, which are typically accessible to guests without special conditions, and to the usual service. The contract partner must exercise their rights in accordance with any hotel and/or guest policies (house rules).
§ 8 Duties of the Guest
The contract partner is obliged to pay the agreed fee plus any additional charges incurred due to special services used by them and/or their accompanying guests, plus statutory sales tax, at the latest at the time of departure. The accommodation provider is not obliged to accept foreign currencies. The contract partner is liable to the accommodation provider for any damage caused by them or the guest or other persons accepting services from the accommodation provider with the knowledge or consent of the contract partner.
§ 9 Rights of the Hotel
If the contract partner refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention according to § 970c ABGB as well as the statutory lien according to § 1101 ABGB on the items brought in by the contract partner or the guest. This right of retention or lien also serves to secure the accommodation provider's claim from the accommodation contract, especially for meals, other expenses incurred for the contract partner, and for any claims for compensation of any kind. The accommodation provider has the right to settle or interim settle their services at any time.
§ 10 Duties of the Hotel
Hotel loj provides the agreed services according to standards and separately lists special services.
§ 11–12 Liability
The accommodation provider is liable according to §§ 970 ff ABGB for items brought in by the contract partner. The liability of the accommodation provider is only given if the items have been entrusted to the accommodation provider or authorized personnel or taken to a location designated by them. If the accommodation provider cannot provide proof, they are liable for their own fault or the fault of their personnel as well as incoming and outgoing persons. The accommodation provider is liable according to § 970 Abs 1 ABGB up to the amount set in the federal law of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the respective valid version. If the contract partner or the guest does not immediately comply with the accommodation provider's request to store their items at a special storage location, the accommodation provider is released from any liability. The extent of any liability of the accommodation provider is limited to the liability insurance amount of the respective accommodation provider. Fault on the part of the contract partner or guest must be taken into account.
The liability of the accommodation provider is excluded for slight negligence. If the contract partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contract partner bears the burden of proof for the existence of negligence.
For valuables, money, and securities, the accommodation provider is only liable up to the amount of currently €550. The accommodation provider is only liable for any damage beyond this if they have accepted these items for safekeeping with knowledge of their nature or if the damage was caused by them or one of their employees. The liability limitations in § 12.1 and 12.2 apply accordingly. The accommodation provider can refuse to store valuables, money, and securities if they involve significantly more valuable items than guests typically entrust to the accommodation provider.
§ 13 Animal Keeping
Animals are not allowed in Hotel loj. If arriving with animals, Hotel loj will cancel the booking, while the full amount is to be paid by the contract partner.
§ 14 Extension of Accommodation
There is no entitlement to an extension, but it can be individually agreed.
§ 15 Termination of the Contract
An early departure entitles Hotel loj to charge the full fee, including booked additional services and meals. The contract with the accommodation provider ends upon the death of a guest.
The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contract partner or guest
a) makes significantly detrimental use of the premises or through their thoughtless, offensive, or otherwise grossly improper behavior causes distress to the other guests, the owner, their employees, or third parties residing in the accommodation operation or commits a criminal act against property, morality, or physical safety towards these persons;
b) becomes afflicted with a contagious disease or a disease that extends beyond the duration of the accommodation;
c) does not pay the presented invoices on due date within a reasonable set deadline (3 days).
§ 16 Illness or Death of the Guest
If a guest becomes ill during their stay at Hotel loj, the accommodation provider will ensure medical care at the guest's request. In an emergency, the accommodation provider will arrange for medical care even without a special request from the guest, especially if necessary and the guest is unable to do so themselves. As long as the guest is unable to make decisions or their relatives cannot be contacted, the accommodation provider will ensure medical treatment at the guest's expense. However, the extent of these measures ends when the guest is able to make decisions or the relatives have been informed of the illness.
§ 17 Place of Fulfillment, Jurisdiction, Choice of Law
Place of fulfillment: 5542 Flachau, Austria
Choice of law: This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ) as well as UN sales law.
Jurisdiction: 5600 St. Johann im Pongau, Austria
§ 18 Use of Internet and Smart TV
Hotel loj provides its guests with free internet access (Wi-Fi) during their stay. The guest is obliged not to use this access for illegal purposes, particularly not for illegal downloads, uploads, or distribution of copyrighted content. The guest/contract partner is solely liable for any legal violations committed by them or accompanying persons via the hotel's internet access. Hotel loj is released from all claims by third parties arising from any abusive or illegal use of the Wi-Fi.
The Smart TVs provided in the room may be used during the stay with streaming services (e.g. Netflix, Amazon Prime, Disney+, etc.). The guest is obliged to log out of all personal accounts after use. If the guest fails to log out, and costs or damages arise as a result (e.g. if subsequent guests access the account or order paid content), the guest/contract partner is solely liable for all resulting claims and indemnifies Hotel loj from any liability.
§ 19 Miscellaneous
The statutory provisions apply unless these AGB contain specific regulations.
The contract partner accepts the AGB of Hotel loj upon booking completion.
Company: Oberreiter Tourismus GmbH
Partners: Joseph and Lena Oberreiter
Registered office: Stahlhammergasse 236, 5542 Flachau
Company registration number: FN 495915 m
VAT number: ATU 73567339
§ 1 Scope of Application
These AGB apply to all contracts for accommodation in Hotel loj. Written special agreements are possible and take precedence; otherwise, these provisions apply.
§ 2 Definitions
Accommodation provider: Oberreiter Tourismus GmbH (Hotel loj)
Guest: any natural person who uses the services of the hotel
Contract partner: any natural or legal person who books accommodation services for themselves or others
Accommodation contract: contract between Hotel loj and the contract partner
§ 3 Conclusion of Contract – Deposit
A contract is formed by written confirmation of the booking and a deposit of 30% of the total price. The deposit must be made within 7 days of booking. If the deposit is not made, the room will be cancelled without notice, regardless of any booking confirmation already received. The deposit of the contract partner can be made online via the booking tool or by transferring to the business account of Oberreiter Tourismus GmbH. The deposit is a partial payment on the agreed fee.
Pre-reservation for the next winter season is possible at any time. However, the final prices will be entered on 01.03 of the previous year – there may be deviations. A new booking confirmation will be automatically sent on 01.03. If the contract partner does not agree with the terms, cancellation can be made free of charge.
§ 4 Start and End of Accommodation
Rooms are available from 14:00 on the day of arrival. Apartments and chalets are available from 15:00 on the day of arrival.
On the day of departure, rooms, apartments, and chalets must be vacated by 10:00. The accommodation provider is entitled to charge for an additional day if the rented premises are not vacated in time.
§ 5 Withdrawal by the Contract Partner or the Accommodation Provider
Cancellation costs for the contract partner
If the booking is cancelled up to 3 months before arrival, no costs will be incurred.
2 months before arrival, a cancellation fee of 70% is due.
1 month before arrival, a cancellation fee of 90% is due.
1 week before arrival, the entire amount is due.
Cancellations must be made in writing via email to info@loj-hotel.com.
Withdrawal by the Accommodation Provider
If the guest does not arrive by 18:00 on the agreed day of arrival, there is no obligation to accommodate, unless a later arrival time has been agreed.
If the contract partner has made a deposit, the premises will be reserved until at least 12:00 noon on the day following the agreed day of arrival. The accommodation provider also reserves the right to cancel a booking up to 3 months before arrival.
§ 6 Alternative Accommodation
Hotel loj is in no case obliged to provide alternative accommodation. Exceptions are unforeseen events that make the accommodation uninhabitable.
§ 7 Rights of the Guest
By concluding an accommodation contract, the contract partner acquires the right to the usual use of the rented premises, the facilities of the accommodation operation, which are typically accessible to guests without special conditions, and to the usual service. The contract partner must exercise their rights in accordance with any hotel and/or guest policies (house rules).
§ 8 Duties of the Guest
The contract partner is obliged to pay the agreed fee plus any additional charges incurred due to special services used by them and/or their accompanying guests, plus statutory sales tax, at the latest at the time of departure. The accommodation provider is not obliged to accept foreign currencies. The contract partner is liable to the accommodation provider for any damage caused by them or the guest or other persons accepting services from the accommodation provider with the knowledge or consent of the contract partner.
§ 9 Rights of the Hotel
If the contract partner refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention according to § 970c ABGB as well as the statutory lien according to § 1101 ABGB on the items brought in by the contract partner or the guest. This right of retention or lien also serves to secure the accommodation provider's claim from the accommodation contract, especially for meals, other expenses incurred for the contract partner, and for any claims for compensation of any kind. The accommodation provider has the right to settle or interim settle their services at any time.
§ 10 Duties of the Hotel
Hotel loj provides the agreed services according to standards and separately lists special services.
§ 11–12 Liability
The accommodation provider is liable according to §§ 970 ff ABGB for items brought in by the contract partner. The liability of the accommodation provider is only given if the items have been entrusted to the accommodation provider or authorized personnel or taken to a location designated by them. If the accommodation provider cannot provide proof, they are liable for their own fault or the fault of their personnel as well as incoming and outgoing persons. The accommodation provider is liable according to § 970 Abs 1 ABGB up to the amount set in the federal law of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the respective valid version. If the contract partner or the guest does not immediately comply with the accommodation provider's request to store their items at a special storage location, the accommodation provider is released from any liability. The extent of any liability of the accommodation provider is limited to the liability insurance amount of the respective accommodation provider. Fault on the part of the contract partner or guest must be taken into account.
The liability of the accommodation provider is excluded for slight negligence. If the contract partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contract partner bears the burden of proof for the existence of negligence.
For valuables, money, and securities, the accommodation provider is only liable up to the amount of currently €550. The accommodation provider is only liable for any damage beyond this if they have accepted these items for safekeeping with knowledge of their nature or if the damage was caused by them or one of their employees. The liability limitations in § 12.1 and 12.2 apply accordingly. The accommodation provider can refuse to store valuables, money, and securities if they involve significantly more valuable items than guests typically entrust to the accommodation provider.
§ 13 Animal Keeping
Animals are not allowed in Hotel loj. If arriving with animals, Hotel loj will cancel the booking, while the full amount is to be paid by the contract partner.
§ 14 Extension of Accommodation
There is no entitlement to an extension, but it can be individually agreed.
§ 15 Termination of the Contract
An early departure entitles Hotel loj to charge the full fee, including booked additional services and meals. The contract with the accommodation provider ends upon the death of a guest.
The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contract partner or guest
a) makes significantly detrimental use of the premises or through their thoughtless, offensive, or otherwise grossly improper behavior causes distress to the other guests, the owner, their employees, or third parties residing in the accommodation operation or commits a criminal act against property, morality, or physical safety towards these persons;
b) becomes afflicted with a contagious disease or a disease that extends beyond the duration of the accommodation;
c) does not pay the presented invoices on due date within a reasonable set deadline (3 days).
§ 16 Illness or Death of the Guest
If a guest becomes ill during their stay at Hotel loj, the accommodation provider will ensure medical care at the guest's request. In an emergency, the accommodation provider will arrange for medical care even without a special request from the guest, especially if necessary and the guest is unable to do so themselves. As long as the guest is unable to make decisions or their relatives cannot be contacted, the accommodation provider will ensure medical treatment at the guest's expense. However, the extent of these measures ends when the guest is able to make decisions or the relatives have been informed of the illness.
§ 17 Place of Fulfillment, Jurisdiction, Choice of Law
Place of fulfillment: 5542 Flachau, Austria
Choice of law: This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ) as well as UN sales law.
Jurisdiction: 5600 St. Johann im Pongau, Austria
§ 18 Use of Internet and Smart TV
Hotel loj provides its guests with free internet access (Wi-Fi) during their stay. The guest is obliged not to use this access for illegal purposes, particularly not for illegal downloads, uploads, or distribution of copyrighted content. The guest/contract partner is solely liable for any legal violations committed by them or accompanying persons via the hotel's internet access. Hotel loj is released from all claims by third parties arising from any abusive or illegal use of the Wi-Fi.
The Smart TVs provided in the room may be used during the stay with streaming services (e.g. Netflix, Amazon Prime, Disney+, etc.). The guest is obliged to log out of all personal accounts after use. If the guest fails to log out, and costs or damages arise as a result (e.g. if subsequent guests access the account or order paid content), the guest/contract partner is solely liable for all resulting claims and indemnifies Hotel loj from any liability.
§ 19 Miscellaneous
The statutory provisions apply unless these AGB contain specific regulations.
The contract partner accepts the AGB of Hotel loj upon booking completion.