General Terms and Conditions of Alpin Rentals GmbH
and its subsidiaries
If a subsidiary is a contractual partner, the present GTC with the same wording shall apply.
The following Terms and Conditions apply. These constitute the terms of contract under which Alpin Rentals GmbH and its subsidiaries enter into accommodation agreements with its guests. Alpin Rentals GmbH and its subsidiaries manage and provide accommodation facilities in 5710 Kaprun, 5700 Zell am See, 5753 Saalbach-Hinterglemm, 5771 Leogang and 5542 Flachau based on their current property list, for the purpose of providing guest accommodation. The accommodation is rented to the guest for the agreed contract period, exclusively for use for holiday and accommodation purposes, and may only be occupied by the maximum number of people specified in the booking. The contract is concluded with full exclusion of the Tenancy Act (Mietrechtsgesetz/MRG).
2. Services and prices
The services of Alpin Rentals GmbH and its subsidiaries are based on their service descriptions and price calculations. The contractually agreed services and prices result from the relevant details in the reservation confirmation. Unless separately indicated in the reservation confirmation, the costs for normal energy consumption are included in the specified prices. The rental price does not include additional services required by the guest (e.g. additional cleaning, additional bed linen etc.). Upon booking, the guest enters into a binding contract with Alpin Rentals GmbH and its subsidiaries as accommodation provider for the property selected by the guest. In the case of electronic bookings, Alpin Rentals GmbH and its subsidiaries shall confirm receipt of the booking electronically. The booking is made for all parties specified therein. The guest, as contractual partner of Alpin Rentals GmbH and its subsidiaries, is responsible for both his or her own obligation and that of the other specified parties. Information provided electronically (service descriptions, price calculations, etc.) is binding for Alpin Rentals GmbH and its subsidiaries. However, Alpin Rentals GmbH and its subsidiaries expressly reserve the right to make changes to these details prior to contract conclusion. The guest will be informed of such changes at the time of reservation confirmation at the latest. If the letter of acceptance from Alpin Rentals GmbH and its subsidiaries differ from the content of the guest’s booking, it is to be viewed as a new offer. Any images of the rental properties provided do not necessarily depict the exact property rented by the guest.
3. Payment and security deposit
The guest is obliged to pay an immediate deposit of 100% of the total rental price (for Flexible and Non Refundable Rate) prior to the arrival date, after receipt of and in accordance with the terms of the reservation confirmation. If no special agreement has been made, then the full accommodation fee, including the charges for incidental expenses and additional services, is due for payment and must be paid to Alpin Rentals GmbH and its subsidiaries on commencement of the stay. If the guest does not pay the deposit or final payment within the agreed periods or when the amount is due, and Alpin Rentals GmbH and its subsidiaries are ready and able to provide the contractual service, then Alpin Rentals GmbH and its subsidiaries can withdraw from the contract after sending a reminder setting a deadline, and assert claims for damages against the guest. The guest is obliged to pay to Alpin Rentals GmbH and its subsidiaries a security of at least a minimum of € 300.00 for keys, furnishings and fittings made available. The security deposit must be paid before commencement of the stay and is not interest-bearing. It will be reimbursed to the guest at the end of the stay, at the latest 14 days after departure and on due return of the accommodation at the guest’s departure. If payment is made by credit card, the money will be debited immediately.
4. Rental period
On the day of arrival Alpin Rentals GmbH and its subsidiaries shall make the accommodation available to the guest between 4 pm and 6 pm in the condition specified in the contract. On the day of departure the guest shall hand over the vacated accommodation to Alpin Rentals GmbH and its subsidiaries between 8 am and 10 am. The guest must return the accommodation clean and tidy, dispose of any waste and strip the beds. The guest is required to complete a check-in form upon arrival and a check-out form on departure, detailing the circumstances and conditions of the stay and the furnishings and fittings provided in the accommodation. The guest must make any complaints about the accommodation promptly upon taking possession of the latter, otherwise it will be assumed that the accommodation together with furnishings and fittings were in the agreed condition as stated in the contract.
5. Cancellation and non-arrival
In the event of cancellation, Alpin Rentals GmbH and its subsidiaries claim to payment of the agreed accommodation price including the charges for additional services shall remain in principle, in accordance with the following terms: The guest must pay the following sums in relation to the complete price of the accommodation services (including all incidental costs), but excluding any public charges such as visitors’ tax: Cancellation and withdrawal up to 14 days prior to arrival: ………………………………………………..0% of the costs Cancellation and withdrawal up to 13-0 days prior to arrival: …………………………………………………100% of the costs Later cancellation and withdrawal or non-arrival or lack of notification …100% of the costs. except if you are booking the non refundable rate = 100% prepayment immediately. This amount is not
refundable anymore! In the event of payment with the guest’s credit card, Alpin Rentals GmbH and its subsidiaries are entitled to debit these amounts.
The period is counted from the date of receipt of the notice of cancellation or withdrawal by Alpin Rentals GmbH and its subsidiaries.) The notice of cancellation must be sent to Alpin Rentals GmbH and its subsidiaries in writing and is binding. Up until commencement of the stay, the guest can request that a third party enters into the rights and obligations of the relevant rental agreement (substitute). Alpin Rentals GmbH and its subsidiaries are entitled to reject the participation of the third party if special rental requirements, legal requirements or official orders oppose it.
If a third party enters into the contract, the guest and the third party are jointly and severally liable for the rent and for any additional costs resulting from the participation of the third party. In the event of cancellation and withdrawal by the guest, Alpin Rentals GmbH and its subsidiaries shall endeavor to make alternative use of the accommodation, within the scope of its ordinary business operations and without obligation to make any special effort, also taking account of the particular character of the accommodation. Alpin Rentals GmbH and
its subsidiaries shall deduct the alternative occupancy and, if this is not possible, saved expenses. Irrespective of this, it alternatively has the right to withdraw from the contract and to assert claims for damages, instead of the claim to rental.
In the event that Alpin Rentals GmbH and its subsidiaries withdraw from the contract prior to commencement of the stay for reasons of unforeseeable force majeure, the guest shall have the option of either withdrawing from the contract free of charge and with reimbursement of any payments previously made, or of demanding the provision of an equivalent rental property, if Alpin Rentals GmbH and its subsidiaries are in a position to offer such a property from its list at no additional cost.
6. Liability / Limitation period
The contractual liability of Alpin Rentals GmbH and its subsidiaries and their agents are in principle limited to gross negligence and intent, for all damages apart from personal injuries. In particular, Alpin Rentals GmbH and its subsidiaries are not liable in cases of force majeure (e.g. fire, power cut, Internet outage, circumstances beyond the control of Alpin Rentals, etc.). Liability for the behaviour of third parties is excluded. Liability for tort of Alpin Rentals GmbH and its subsidiaries are limited to three times the rental price for material damages which are not due to intent or gross negligence. This maximum liability sum applies for each rented property.
7. Obligations of the guest
The guest is obliged to treat the accommodation together with furnishings and fittings with all due care and respect. The guest is liable to pay compensation for damages to furnishings and fittings, the accommodation or the building, as well as the equipment and chattels belonging to the accommodation or the building, even if these damages have been caused by the guest’s companions or visitors. The guest must notify Alpin Rentals GmbH and its subsidiaries or one of their specified contact points immediately in the event of damage to the accommodation, unless the guest himself is obliged to rectify such damage. The guest is at any rate liable to pay compensation for consequential damages resulting from causes not duly notified. If the notification of defects is culpably omitted, claims by the guest shall in addition become completely or partially invalid. The guest may only terminate the contract or withdraw from it legitimately prior to arrival in the event of substantial defects or faults. The rental period utilised thus far shall be paid for on a pro-rata basis. When giving notice of defects, the guest must set a reasonable period for Alpin Rentals GmbH and its subsidiaries to rectify the defect, unless such rectification is impossible, is refused by Alpin Rentals GmbH and its subsidiaries or if immediate termination is objectively justified due to a special interest of the guest distinguishable by Alpin Rentals GmbH and its subsidiaries, or continuation of the stay is unreasonable for such reasons.
Pets are not allowed in the accommodations. Violations of this obligation gives Alpin Rentals GmbH and its subsidiaries the right to extraordinary cancellation of the accommodation contract. Alpin Rentals GmbH and its subsidiaries can cancel the rental agreement immediately if the guest, regardless of a reminder by Alpin Rentals GmbH and its subsidiaries, permanently disrupts the operation of Alpin Rentals GmbH and its subsidiaries or the course of the stay – also of other guests – or if he behaves contrary to contract to such an extent that immediate cancellation of the contract appears justified. If Alpin Rentals GmbH and its subsidiaries legitimately cancel the contract for these reasons, the guest’s entire payment obligation together with any liability for damages by the guest shall remain valid.
8. Check In (Anreise) und Check Out (Abreise) außerhalb der Geschäftszeit
Check In: The following charges are made for checking in: 20.00 to 22.00 €50.00 excl. VAT 22.00 to 0.00 €100.00 excl. VAT. Check-in is not possible after 0.00 In accommodation where Keylock is available, €25.00 excl. VAT is charged when checking in after 20:00 and before 08:00 for preparing the Keylock
Check Out: On the day of departure, the accommodation must be vacated by 10.00 and left and good condition, as per point 3. In the event of a delayed departure, i.e. after 10.00, Alpin Rentals GmbH and its subsidiaries are entitled to charge the cost of a further half-day as per the offer, but at least €50.00. For departures after 16.00, 100% of the daily rate will be charged. In the event of an improper departure, these terms entitle Alpin Rentals GmbH and its subsidiaries, if damage is left behind, to retain the deposit provided in the amount of the actual damages or in the amount of the specified liens and claims. If Check-out took place on the day prior to departure and this occurs before 08.00 the next day, Alpin Rentals GmbH and its subsidiaries reserve the right to retain the deposit paid/provided until the accommodation has been inspected by staff of Alpin Rentals GmbH and its subsidiaries. The deposit provided/paid is returned following a subsequent inspection. The provisions of point 3 continue to apply.
9. Severability clause
If individual provisions of this contract are invalid or unenforceable or if they become invalid or unenforceable after conclusion of contract, the remaining provisions shall continue to be valid. The invalid or unenforceable provision shall be replaced by a provision that will achieve to the greatest extent possible the economic and business purpose which the contractual parties intended with the invalid or unenforceable provision. The above provisions apply accordingly for loopholes discovered in the contract. Alpin Rentals reserves the right to amend these terms and conditions at any time without prior notice.
10. Applicable law / Place of jurisdiction
The exclusive applicability of Austrian law is agreed, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from this contractual relationship, the competent court for Kaprun has exclusive jurisdiction. The place of fulfillment is Kaprun as an accommodation location in any event. The contractual parties confirm that the contractual and negotiation language is German and that they have taken note of the contents of these Terms and Conditions.
11. Electronic Passport copy
With reference to the Austrian Registration Law and to determine your identity, we will take an electronic copy of your passport upon check-in. This electronic copy will not be disclosed to third parties and will be deleted six months after departure.
The data you provide is required for official guest registration and will be forwarded to the municipality. Furthermore, subject to your consent, the data may be used to identify you within the Joker Card / Flachauer Card / Zell am See Kaprun Summercard or the Saalfelden Leogang Card system. (depending on the region in which your accommodation is located and which card you have included in your booking). The data can be viewed by the tourism association, the mountain railways and the system operator CapCorn or Feratel. By using the guest card, access to the facilities of the service partners is recorded and stored for a limited period of time. This data may not be passed on to third parties. As the main traveller or tour guide, you declare that you will inform any fellow travellers named by you of this and obtain their consent in the same way.
The subsidiaries are:
Alpin Rentals GmbH
APSK Betriebs GmbH & Co KG (AvenidA Panorama Suites Kaprun)
24BAK Betriebs GmbH & Co KG (24 by AvenidA Hotel & Residences Kaprun)
SGBAL Betriebs GmbH & Co KG (Stockinggut by AvenidA Hotel – Residences)
Alpin Rentals SUR GmbH
AMLK Betriebs GmbH & Co KG (AvenidA Mountain Lodges Kaprun)
AMLS Betriebs GmbH & Co KG (AvenidA Mountain Lodges Kaprun)
SGSZ Betriebs GmbH & Co KG (Ski & Golf Suites Zell am See)
Residence Bellevue Betriebs GmbH & Co KG
MLR Betriebs GmbH & Co KG (The House, Zell am See)
Elements Betriebs GmbH & Co KG (Elements Resort, Zell am See)
Glemm Betriebs GmbH & Co KG (Glemm by AvenidA)
Flachauerhof Betriebs GmbH & Co KG (Flachauerhof)
Nikolaus Betriebs GmbH & Co KG (Nikolaus by AvenidA