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    Terms and Conditions

    General Terms and Conditions for Accommodation Contracts with Schneekarhütte GmbH

    § 1 Definition

    The accommodation provider is Schutzhütte Schneekar GmbH, represented by its managing director, Aloisia Bair. A ‘guest’ is any natural person using the accommodation services. The guest is usually also the contracting party. Persons accompanying the contracting party shall also be deemed guests. A ‘contracting party’ is a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest. An ‘accommodation contract’ is the agreement concluded between the accommodation provider and the contracting party, the content of which is further regulated below.

    § 2 Entering into the accommodation agreement

    A booking made by telephone or in writing (including by email) constitutes a binding offer by the contracting party to enter into an accommodation contract, including our general terms and conditions, which are deemed accepted by the contracting party. The accommodation provider shall be bound by this offer upon written confirmation or confirmation by email.

    § 3 Description of services

    The services provided by the accommodation provider shall be as described in our brochures (including our website) and booking confirmation. Various images are for illustrative purposes only and may differ from the actual accommodation. All measurements are approximate and intended to give only a general impression of the property.

    § 4 Payment terms

    A deposit of 30% of the total price must be paid no later than 7 days prior to the start of the accommodation. The contracting party shall bear the costs of any money transfer (e.g., bank transfer fees)
    A change fee of €25 will be charged for any changes to your booking.
    A short-stay surcharge will be applied for bookings of less than 2 nights.

    § 5 Start and end of stay

    Unless otherwise agreed upon, guests have the right to occupy the booked rooms from 16:00 on the agreed arrival date. Guests must vacate the booked rooms by 10:00 AM on the agreed departure date. For logistical reasons, luggage should be ready for collection by 8:00 AM. The accommodation provider reserves the right to charge for an additional night if the rooms are not vacated on time.

    § 6 Cancellation of the accommodation contract

    Cancellation by the accommodation provider
    If the deposit is not paid on time, the accommodation provider can terminate the contract without notice.

    If the guest does not arrive by 5:00 PM on the agreed arrival date, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.

    If a deposit is paid on time, the rooms will be reserved until at least 12:00 PM on the day following the agreed arrival date.

    Cancellation by a party to the agreement

    The accommodation contract can be terminated by the guest, without incurring any cancellation fees, by a unilateral written declaration, up to 3 months before the agreed arrival date. Outside of this timeframe, termination by a unilateral written declaration of the contracting party is only possible upon payment of the following cancellation fees:

    • Up to 1 month before the arrival date, 40% of the total package price
    • Up to 1 week before the arrival date, 70% of the total package price
    • For cancellations made within the last week before arrival,
      a cancellation fee of 90% of the total package price will be charged.
    • NO SHOW – 100% of the total package price will be charged ( § 17)

    Please note that our services do not include any insurance. Therefore, we recommend that you take out cancellation insurance.

    § 7 Providing alternative accommodation

    The accommodation provider is entitled to provide the contractual partner or guests with suitable alternative accommodation if this is reasonable for the contractual partner, in particular if the deviation is minor and justified. A factual justification exists, for example, if the room has become unusable, already accommodated guests extend their stay, there is an overbooking, or other important operational measures necessitate this step. Any additional costs for the alternative accommodation shall be borne by the accommodation provider.

    § 8 Rights of the contractual partner

    By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually and without special conditions accessible to guests for use, and to the usual service. The contractual partner must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).

    § 9 Obligations of the contractual partner

    The accommodation provider is not obligated to accept foreign currency. If the accommodation provider accepts foreign currency, it will be accepted at the prevailing exchange rate if possible. If the accommodation provider accepts foreign currency or cashless payment methods, the contractual partner shall bear all associated costs, such as inquiries to credit card companies, telegrams, etc.

    The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or consent of the contractual partner, accept services from the accommodation provider.

    § 10 Rights of the accommodation provider

    If the contractual partner refuses to pay the agreed-upon price or is in arrears, the accommodation provider shall have the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien pursuant to § 1101 ABGB on the items brought in by the contractual partner or the guest.

    Furthermore, this right of retention or lien serves to secure the accommodation provider’s claim arising from the accommodation contract, in particular for board and lodging, other expenses incurred for the contractual partner, and for any and all claims for damages.

    If service is requested in the contractual partner’s room or at unusual times (after 8:00 pm and before 6:00 am), the accommodation provider is entitled to charge an additional fee. Any extra charges for these services will be shown on the price list. The hotel may also decline to provide these services due to operational reasons.

    § 11 Duties of the accommodation provider

    The accommodation provider is obligated to provide the agreed-upon services in a manner consistent with its standard. Additional services provided by the accommodation provider, which are not included in the accommodation price, must be itemized:

    a ) Additional accommodation services that can be billed separately, such as the provision of lounges, saunas, indoor pools, swimming pools, solariums, and garage parking

    b ) A reduced rate is charged for the provision of extra beds or cots

    § 12 Hotel liability for lost or damaged guest property

    12.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider’s liability only exists if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider or have been brought to a place designated or intended for this purpose by one of these persons. If the accommodation provider cannot prove otherwise, they shall be liable for their own negligence or the negligence of their employees as well as third parties coming or going. Pursuant to § 970(1) ABGB, the accommodation provider’s liability is limited to the amount specified in the federal law of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or guest fails to comply promptly with the accommodation provider’s request to store their belongings in a designated safekeeping area, the accommodation provider shall be released from any liability. The amount of any potential liability of the accommodation provider shall be limited to the amount of the accommodation provider’s liability insurance coverage. Any negligence on the part of the contractual partner or guest shall be taken into account.

    12.2 The accommodation provider is not liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated.

    12.3 The accommodation provider shall only be liable for valuables, money, and securities up to the amount of €550. The accommodation provider shall only be liable for any damage exceeding this amount if they have accepted these items for safekeeping with knowledge of their nature or if the damage was caused by them or their employees. The limitations of liability pursuant to clauses 12.1 and 12.2 shall apply mutatis mutandis.

    12.4 The accommodation provider may refuse to store valuables, money, and securities if they are significantly more valuable than items that guests of that particular accommodation establishment usually entrust to their care.

    12.5 In any case of safekeeping undertaken, liability shall be excluded if the contractual partner and/or guest fails to notify the accommodation provider immediately upon becoming aware of the damage incurred. Furthermore, such claims must be asserted in court within three years from the time the contractual partner or guest became aware or could have become aware; otherwise, the right shall lapse.

    § 13 Disclaimer

    If the contractual partner is a consumer, the accommodation provider’s liability for slight negligence shall be excluded, except for personal injury. If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, intangible damages, or indirect damages, as well as lost profits, shall not be compensated. The damages to be compensated shall in any event be limited to the amount of the positive interest.

    § 14 Extension of stay

    The contractual partner has no entitlement to an extension of their stay. If the contractual partner gives timely notice of their wish to extend their stay, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.

    If the contractual partner cannot leave the accommodation establishment on the day of departure due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flood, etc.) that render all departure options impossible, the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction of the price for this period shall only be possible if the contractual partner cannot fully utilize the services offered by the accommodation establishment due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the price that is usually charged in the season.   

    § 15 Keeping of animals
    As a general rule, bringing animals into the Schneekarhütte is strictly prohibited, neither for day visitors nor for overnight guests, unless the following provisions apply:

    Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, for an additional fee. The contractual partner who brings an animal must properly keep or supervise the animal during their stay or have the animal kept or supervised by suitable third parties at their own expense.
    The contractual partner or guest who brings an animal must have adequate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.
    The contractual partner or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. Such damage shall include, in particular, any compensation which the accommodation provider is obliged to pay to third parties.
    § 16 Termination of the accommodation contract – Early termination
    If the accommodation contract has been concluded for a specific period, it shall end upon expiry of that period. If the contractual partner departs prematurely, the accommodation provider shall be entitled to claim the full agreed remuneration. The accommodation provider shall offset any amount which it has saved as a result of the non-use of its services or which it has received from the letting of the booked rooms to other guests. A saving shall only be deemed to exist if the accommodation establishment is fully booked at the time of the non-use of the rooms booked by the guest and the room can be let to other guests as a result of the cancellation by the contractual partner. The burden of proof for the saving shall lie with the contractual partner. Upon the death of the guest, the contract with the accommodation provider shall terminate
    § 17 No-Show
    A no-show occurs if the contractual partner fails to take up the booked rooms at the agreed time or fails to appear at the accommodation establishment. In this case, they forfeit any entitlement to services or to a refund of the agreed total price.
    § 18 Service disruptions
    If the service provided is incomplete or faulty, the customer retains their right to claim under the warranty. However, they must report any defects immediately in order to claim a repair or a price reduction. No liability can be accepted for service disruptions caused by circumstances beyond the control of the accommodation provider, in particular those caused by force majeure or local climatic conditions.
    § 19 Weather-related restrictions
    In the event of lift closures or other operational disruptions due to insufficient snow, storms, or other adverse weather conditions constituting force majeure, the accommodation provider shall have the right to terminate the booking prior to or during the guest’s arrival.
    § 20 Place of jurisdiction, choice of law, place of performance
    Place of performance shall be the location of the accommodation establishment. This contract shall be governed by and construed in accordance with the formal and substantive law of Austria, to the exclusion of the rules of private international law (in particular the IPRG and the CISG) and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be the court of the place of performance, thus in the district court procedure the District Court Zell am Ziller and in the court of first instance the Regional Court Innsbruck.
    § 21 Other terms and conditions
    The invalidity of individual provisions of the contract shall not affect the validity of the contract as a whole. Declarations must have been received by the other contracting party on the last day of the deadline (24:00). The accommodation provider is entitled to offset any claims of the contracting party with its own claims. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party has been legally established or acknowledged by the accommodation provider. In the event of any gaps in the agreement, the relevant statutory provisions shall apply.
     
     

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