GENERAL TERMS AND CONDITIONS OF APART-HOTEL LAURUS
1.1. These General Terms & Conditions of Business (hereinafter referred to as “GTC”) apply to all services of Laurus GmbH & Co KG (Commercial Register Number 590951x, LG Feldkirch) Strass 261, 6764 Lech am Arlberg, Austria (hereinafter referred to as “Apart-Hotel Laurus”), with regard to guests and other contractual partners (hereinafter referred to as “Contractual Partner”. The services consist, in particular, of providing accommodation in return for payment and the sale of meals and beverages, and all other services of the Apart-Hotel Laurus associated herewith.
1.2. The Contractual Partner undertakes to comply with these conditions and all other applicable regulations. The General Terms and Conditions of the Contractual Partner do not apply, even if Apart-Hotel Laurus does not expressly object to this. Any counter-statements of the Contractual Partner with reference to its general terms and conditions of business are hereby expressly rejected.
1.3. For all provisions not governed by these General Terms and Conditions of Business, the General Terms and Conditions of Business for the Hotel Industry 2006 (AGBH 2006) as currently amended, shall also apply.
1.4. It is determined that Apart-Hotel Laurus will only perform in-house hotel services and, if necessary, any outsourced third-party services (such as organising ski schools, ski instructors, mountain guides, excursions, transport services, reservations for restaurants, etc.) are purely to be considered as associated services and therefore the application of package travel regulations is excluded in accordance with § 2 para. 2(2) and (3) of the PRG (Pauschalreisegesetz [Austrian Package Travel Act]).
2. CONTRACT CONCLUSION / PRICES / GENERAL PROVISIONS
2.1. All reservations, changes and cancellations must be made in writing; electronic transmissions (emails) are also permitted for this purpose.
2.2. All prices stated are in euros. Unless otherwise specifically agreed, the prices quoted are inclusive of all statutory taxes, exclusive of local taxes, as specified in current price lists or as individually agreed. Any changes in price due to taxes and fees shall be borne by the Contractual Partner. New government levies (of whatever kind) shall be added to the contract prices.
2.3. Apart-Hotel Laurus is entitled to provide the actual accommodation services in an equivalent hotel operation.
3. CANCELLATION OF OVERNIGHT STAYS / HINDRANCES TO ARRIVAL / EXTENSION OF STAY
3.1. Unless otherwise agreed in the booking agreement or otherwise confirmed in the reservation confirmation, the following cancellation conditions are deemed to be agreed:
In the event of cancelling your booking, for whatever reason, up to 6 weeks before your arrival date, no cancellation fees will be charged.
In the event of a cancellation between 6 weeks and 1 week before the arrival date, 70% of the total gross price will be charged.
In the event of a cancellation in the final week before the arrival date, 90% of the total gross price will be charged.
In the event of a no-show/cancellation on the arrival date, 100% of the gross price will be charged.
3.2. The cancellation fee will be charged immediately after the cancellation and will be retained from any advance payments; any surplus payments will be transferred back to the account details provided at the expense of the Contractual Partner. If credit card details have been stored as security, the Contractual Partner hereby explicitly agrees to Apart-Hotel Laurus charging the card within the scope specified above in item 3.1.
3.3. If the Contractual Partner is prevented from arriving at the accommodating establishment on the date of arrival due to unforeseeable extraordinary events which are not within the sphere of influence of the Contractual Party, i.e. force majeure (e.g. blocked roads, flooding etc.), the Contractual Party shall not be obliged to pay the agreed remuneration for the date of arrival. The obligation to pay the remuneration for the booked stay shall be revived as soon as the arrival once more becomes possible, provided this occurs within three days.
3.4. If the Contractual Partner cannot leave the accommodating establishment on the planned day of departure because all departure options are prohibited or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, road closures, quarantine, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the period during which departure is not possible. A reduction of the remuneration for this period shall only then be granted if the Contractual Partner cannot use the services offered by the accommodation company to the full due to the extraordinary weather conditions. The accommodation provider is entitled to invoice a minimum remuneration corresponding to the price usually charged in the low season.
4. LIABILITY OF APART-HOTEL LAURUS
4.1. Apart-Hotel Laurus’s liability for valuables brought by hotel guests (such as jewellery, cash, etc.) is limited to a maximum of the liability insurance sum of Apart-Hotel Laurus. Although they may have a high monetary value, items for personal use that serve to satisfy various material and cultural needs are not considered valuables (e.g., photographic devices, video cameras, fur coats, mobile phones, tablets, notebooks, e-readers etc.). These items must not be replaced by Apart-Hotel Laurus.
4.2. However, valuables and cash can be deposited either in the room safe or free of charge in the safe of Apart-Hotel Laurus, subject to free capacity. A maximum liability of EUR 3,600.00 applies when evidence shows that cash and jewellery were stored in the room safe; a maximum liability of EUR 10,000.00 applies when cash and jewellery were stored in the hotel safe (reception).
4.3. Items left behind by the Contractual Partner, on condition that they exceed a visible value of EUR 10.00, will be forwarded only on demand up to 14 days after the stay at the latest if requested by and at the risk and expense of the Contractual Partner. Thereafter, the objects, if there is no recognisable value, will be handed over to the lost property office or disposed of.
4.4. Standard Internet usage is available in the hotel free of charge The malfunction or breakdown of the connection does not constitute a reason for a reduction in the invoice, nor does it form any basis for liability vis-à-vis Apart-Hotel Laurus..
4.5. Apart-Hotel Laurus assumes no liability for accidents. In general, Apart-Hotel Laurus is not liable to customers with the exception of personal injury in the event of minor negligence In general, Apart-Hotel Laurus is liable towards companies only in the case of gross negligence and intent, whereby the burden of proof lies with the company and consequential damages, intangible losses and lost profits will on no account be compensated.
4.6. Apart-Hotel Laurus is not liable if the Contractual Partner, its employees, agents, visitors or guests lose items during or in connection with its stay; this also applies to theft. Insurance policies (for losses due to theft, break-in and fire) must be concluded by the organiser itself. The Contractual Partner may store valuable items, baggage or money in the rooms assigned or in the safe by handing them over to Apart-Hotel Laurus. In this case, Apart-Hotel Laurus’s liability is limited to a maximum of the liability insurance sum of Apart-Hotel Laurus.
4.7. No liability is assumed for valuables brought onto the premises and not handed over to Apart-Hotel Laurus. The Contractual Partner must ensure its items of value are adequately insured.
4.8. Any claims of the Contractual Partner against Apart-Hotel Laurus must be asserted in writing within 6 months from the end of the stay; after this time, they shall be deemed to have lapsed.
5. WITHDRAWAL / TERMINATION / ILLNESS / DEATH
5.1. Apart-Hotel Laurus is, notwithstanding its claim to remuneration, entitled to terminate the contractual relationship at any time and without giving reasons, if:
5.1.1. the Contractual Partner does not make a payment due despite a grace period of 3 days;
5.1.2. insolvency proceedings have been launched regarding the assets of the Contractual Party or rejected for lack of cost-covering assets;
5.1.3. the smooth running of business operations or the security of Apart-Hotel Laurus or its guests is jeopardised by the Contractual Partner;
5.1.4. the Contractual Party makes considerably detrimental use of the premises or, by its inconsiderate, offensive or otherwise grossly improper behaviour, rendering coexistence intolerable other guests, the owner, the owner’s staff or third parties staying in the accommodation establishment or is guilty of a punishable offence against property, morality or physical safety towards these persons,
5.1.5 the Contractual Party is affected by an infectious disease, or an illness which goes beyond the period of accommodation, or is otherwise in need of care;
5.1.6. the contractual fulfilment becomes impossible or economically unviable due to force majeure, official closures, epidemics or pandemics, due to strikes or other circumstances for which the Apart-Hotel Laurus is not responsible.
5.2. In the event of withdrawal from the contract by Apart-Hotel Laurus for the aforementioned reasons, the Contractual Partner is obliged to pay damages including lost profit. Any liability whatsoever on the part of Apart-Hotel Laurus is excluded in these cases.
5.3. The accommodation contract ends when the specified period has elapsed. If the Contractual Partner leaves prematurely, the accommodation provider is entitled to charge the full agreed price. The accommodation provider shall deduct what it saves as a result of the non-utilisation of its service offer (maximum 15% of the gross price) or what it has received by renting the booked rooms to another party. A saving is only deemed to exist if the accommodation establishment is completely full at the time of non-utilisation of the rooms reserved by the guest, and the rooms can be rented to other guests, due to the cancellation by the Contractual Partner. The burden of proof to show that savings have been made shall lie with the Contractual Party. The death of a guest shall terminate the contract with Apart-Hotel Laurus.
5.4. If a guest becomes ill during his/her stay in the accommodation establishment, the Apart-Hotel Laurus shall, at the request of the Contractual Partner, arrange for medical care at the expense of the Contractual Partner. If there is imminent danger, Apart-Hotel Laurus will arrange for medical care, even without an express request from the guest at the expense of the Contractual Partner. Apart-Hotel Laurus has a compensation claim towards the Contractual Partner and their legal successor for the following costs in particular: i) outstanding medical costs, costs for patient transport, medication and medical aids ii) necessary room disinfection, iii) linen, bed linen and bed furniture that has become unusable, alternatively for the disinfection of these items, iii) restoration of furnishings, carpets/rugs and painting of walls etc., should these have become soiled or damaged in connection with the illness or death, iv) reasonable compensation for the period during which the guest room in question was unusable.
6. DATA PROTECTION
6.1. Due to the special nature of hotel residence services, storing and forwarding of personal data is essential. The Contractual Partner acknowledges that it will provide Apart-Hotel Laurus with personal data, which is required to perform the agreed service, and accepts the transfer of personal data for the correct performance of the ordered services to booking platforms which are used to book tourist services, to service providers, who perform tourist or other services, and to public bodies and authorities for statutory reporting, tax and other purposes prescribed by law.
6.2. If the data transfer of personal data is not performed by the data subject personally, but by other representatives of the Contractual Partner, then the Contractual Partner is obligated to inform the data subject of the transfer to Apart-Hotel Laurus and of any transfer of the data by Apart-Hotel Laurus to the aforementioned recipient categories. Apart-Hotel Laurus will handle this data confidentially in accordance with the relevant data protection regulations and will only pass it on to third parties if this is necessary for the provision of the brokerage service or if the transfer is mandated by legal requirements
7. GENERAL INFORMATION
7.1. Smoking is only permitted in those areas of Apart-Hotel Laurus that are marked as such accordingly. In the event of violation, a claim for cleaning and, in the event that the affected rooms cannot be used or rented out, for the associated loss of earnings shall be asserted.
7.2. Animals may only be brought into the accommodation establishment with the prior consent of Apart-Hotel Laurus. Additional charges may apply.
The Contractual Party bringing an animal shall be obliged to duly keep and supervise the animal during their stay or to have it kept and supervised by a qualified third party at their own expense.
The Contractual Party bringing an animal must have appropriate pet liability insurance or private liability insurance that also covers possible damage caused by animals.
The Contractual Partner is liable to Apart-Hotel Laurus for any damage caused by accompanying pets. Damages also include, in particular, compensation to be provided by Apart-Hotel Laurus to third parties.
Animals are not permitted in the bar area, smoking lounge, social rooms, restaurant rooms and spa/wellbeing areas.
7.3. The place of performance and payment is 6764 Lech am Arlberg. Austrian law is applicable excluding any and all principles on conflicts of law. The exclusive place of jurisdiction is the court responsible for 6764 Lech.
7.4. Any transfer of rights from the contractual relationship of the Contractual Partner with Apart-Hotel Laurus, whether or not gainful, requires the express written consent of Apart-Hotel Laurus.
7.5. Amendments to this agreement must be made in writing to be valid; verbal subsidiary agreements only become effective after written confirmation by Apart-Hotel Laurus, whereby email correspondence satisfies the written form requirement.
7.6. If individual provisions of these GTC are invalid or become invalid, this does not affect the validity of the remaining provisions. Apart-Hotel Laurus and the Contractual Partner shall replace the invalid provision immediately with a provision that resembles as closely as possible the intended purpose and economic significance.
7.7. Apart-Hotel Laurus is entitled to cancel and change bookings and will assume the additional costs charged by the alternative accommodation provider only if these can be attributed to the sphere of responsibility of Apart-Hotel Laurus. Special requests and additional costs instigated by the customer will not be assumed by Apart-Hotel Laurus and must be borne by the customer.
Valid December 2022
Apart-Hotel Laurus – MSL Immobilien GmbH & Co KG