Responsible for the content:
Far View Alps Apartments
Marion Meier
Anger 233
A-6764 Lech am Arlberg
Tel. +43 (5583) 2432
Fax +43 (5583) 24326
Mail: office@fernsicht-lech.at
Account data
Financial institution: Raiffeisenbank Lech
Account holder: Marion Meier
IBAN: AT91 3744 9000 0001 2716
BIC: RVVGAT2B449
UID no. ATU 40605902
Conception | Web design
SKE Silke Knippschild-Euchler
Tel.: +49 163 68 993
Mail: mail@ske-grafik.com
Concept | Text
TEXT LOVE Anja Helten
Tel.: +49 173 53 73 330
Mail: helten@textliebe.com
Website programming
Alexander Brauwers
Tel.: +49 177 325 60 78
Mail: alexander.brauwers@gmx.de
KPA – Forest am Arlberg
Support Hospitality Booking
LUX Hospitality Solutions Austria | Matthias Moosmann
Tel.: +43 664 41 471
Mail: office@lux-hospitality.at | www.lux-hospitality.at
Image credits
Lech-Zürs-Tourismus GmbH, Photos: Josef Mallaun, Sepp Mallaun, Hanno Mackowitz, Georg Schnell
Christian Schramm Photography | Phone: +43 664 3075085 | Mail: office@christianschramm
Iris Kafka – Bridelights Photography | Web: www.bridelights.com | Mail: info@bridelights.com
Breakfast image Yulia Davidovich/Shutterstock.com
GTC for the hotel industry
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous ÖHVB in the version of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.
§ 2 Definitions
2.1 Definitions of terms:
“Proprietor”: means a natural or legal person who accommodates guests for remuneration.
“Guest”: is a natural person who uses accommodation. As a rule, the guest is also the contractual partner. Those persons who arrive with the contract partner (e.g. family members, friends, etc.) are also considered guests.
“Party”: means a natural or legal person, domestic or foreign, who enters into an Accommodation Agreement as a Guest or on behalf of a Guest.
“Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Agreement”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is subsequently regulated in more detail.
§ 3 Conclusion of contract – down payment
3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to retrieve them under ordinary circumstances and access takes place during the announced business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this case, before accepting the written or verbal order of the Party, the Proprietor is obliged to inform the Party about the required deposit. If the Party agrees to the deposit (in writing or verbally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the declaration of agreement on the payment of the Party’s deposit.
3.3 The contracting party is obliged to pay the deposit at least 7 days (received) before the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment on the agreed remuneration.
§ 4 Start and end of accommodation
4.1 The Party shall have the right to move into the rented rooms as of 4:00 p.m. of the agreed day (“arrival day”), unless the Proprietor offers a different reference time.
4.2 If an apartment is used for the first time before 6:00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms are to be vacated by the contractual partner by 11.00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in due time.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In case of advance payment for more than four days, the accommodation obligation ends from 6 p.m. of the fourth day, and the day of arrival is counted as the first day, unless the guest gives notice of a later day of arrival.
5.4 Up to 3 months prior to the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor by unilateral declaration for objectively justified reasons, unless otherwise agreed.
Withdrawal by the contracting party – cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party.
5.6 Outside of the area defined in § 5.5. specified period, withdrawal by unilateral declaration of the Contractual Partner is possible only upon payment of the following cancellation fees:
up to 1 month before the arrival date 40% from the total arrangement price
up to 1 week before the day of arrival 70 % from the total arrangement price
in the last week before the arrival day 90 % from the total arrangement price
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Party shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the contracting party
7.1 By entering into an Accommodation Agreement, the Party acquires the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions accessible for use by the Guests, and to the customary service.
The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contractual Partner
8.1 The contracting party is obligated to pay the agreed fee plus any additional amounts that have arisen due to separate use of services by him and/or the guests accompanying him plus statutory VAT no later than the time of departure.
8.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the daily exchange rate where possible. Should the Proprietor accept foreign currencies or non-cash means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc..
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor’s services with the knowledge or will of the Party.
§ 9 Rights of the accommodation provider
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest.
The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If the service is requested in the room of the Party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for it. However, this extra charge must be marked on the room rate board. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its performance at any time.
§ 10 Duties of the accommodation provider
10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor requiring an award that are not included in the accommodation fee are exemplary:
a) Special accommodation services that may be charged separately, such as the provision of the Massiotherm massage bed, breakfast butler or bread roll service, etc.
b) a reduced price is charged for the provision of extra beds.
§ 11 Liability of the Proprietor for Damage to Brought-in Items
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is not able to prove this, the Proprietor shall be liable for his own fault or the fault of his staff and of the persons leaving and arriving. Pursuant to Section 970 (1) of the Austrian General Civil Code (ABGB), the Proprietor shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Party or the Guest does not immediately comply with the Proprietor’s request to deposit their belongings in a special storage place, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contractual partner or guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of 550.00 EURO. The Proprietor shall be liable for any damage exceeding the above only in the event that the Proprietor took over such items for storage knowing their condition or in the event that the damage was caused by the Proprietor or one of its employees. The limitation of liability according to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than guests of the relevant accommodating establishment usually place in safekeeping.
11.5 In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the occurred damage as of knowledge. Furthermore, these claims must be asserted in court within three years from the date of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.
§ 12 Limitations of liability
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear 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. In any case, the damage to be compensated finds its limit in the amount of the trust interest.
§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, against special remuneration.
13.2 The contract partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his expense.
13.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided upon request of the accommodation provider.
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include those compensations of the Proprietor which the Proprietor has to provide to third parties.
13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no right to have its stay extended. If the Party gives timely notice of its wish to extend the stay, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider is not obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party is not able to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor is entitled to charge at least the amount corresponding to the price usually charged in the low season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what he has saved as a result of the non-utilization of his service offer or what he has received by renting the ordered rooms to other parties. Savings shall only be deemed to exist if the accommodation facility is fully occupied at the time of non-utilization of the premises ordered by the guest and the premises can be rented to additional guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
15.3 The death of a guest terminates the contract with the Proprietor.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Contracting Parties may terminate the Agreement until 10:00 a.m. of the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the Guest
a) makes a considerably disadvantageous use of the premises or by his inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, his people or the third parties residing in the lodging establishment, or is guilty of a punishable act against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease that extends beyond the period of accommodation, or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed to be terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care upon the Guest’s request. In case of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor shall provide medical treatment at the expense of the Guest. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness.
16.3 The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical expenses, costs of ambulance transport, medicines and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness or death,
e) room rent, insofar as the room was used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or the like,
f) any other damages incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party who is a consumer and has its domicile or habitual residence in Austria, legal actions against the consumer may only be brought at the consumer’s domicile, habitual residence or place of employment.
17.5 If the Accommodation Agreement was concluded with a party who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who shall comply with the time limit. In case of calculation of a term determined by days, the day in which the time or event falls, according to which the beginning of the term shall be determined, shall not be counted. Time limits determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations must be received by the other contracting party on the last day of the period (24.00 hours).
18.3 The Proprietor shall be entitled to set off claims of the Party against its own claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Party’s claim has been determined by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.
§ 19 Price adjustments
19. the offered prices are subject to statutory duties and taxes and are in this respect variable. If the legal charges and taxes change, Hotel Fernsicht is entitled and obliged to increase and decrease the prices at any time.
Disclaimer:
1. content of the online offer
The author assumes no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, unless the author is not intentional or grossly negligent fault. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
2. references and links
The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the author’s own Internet offer as well as to external entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.
3. copyright and trademark law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without limitation to the provisions of the applicable trademark law and the ownership rights of the copyright owner. The mere mention of a trademark does not mean that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
4. data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias.
5. legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
6. access data/ server log files
The provider (or its web space provider) collects data about each access to the offer (so-called server log files). Access data includes:
Name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
The provider uses the log data only for statistical analysis for the purpose of operation, security and optimization of the offer. However, the provider reserves the right to subsequently review the log data if there is a justified suspicion of unlawful use based on concrete indications.
7. handling of personal data
Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This includes the name, email address or phone number. But also data about preferences, hobbies, memberships or which websites were viewed by someone count as personal data.
Personal data is only collected, used and passed on by the provider if this is legally permitted or the users consent to the data collection.
8. contact
When contacting the provider (for example, via contact form or e-mail), the user’s information is stored for the purpose of processing the request and in the event that follow-up questions arise.
9. integration of services and contents of third parties
It may happen that third party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites are integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as “third-party providers”) perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of the respective user. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. However, we have no influence if the third-party providers store the IP address, e.g. for statistical purposes. Insofar as this is known to us, we inform the users about it.
10. cookies
Cookies are small files that allow to store on the user’s access device (PC, smartphone or similar) specific information related to the device. On the one hand, they serve the user-friendliness of websites and thus the users (e.g. storage of login data). On the other hand, they are used to collect statistical data of the website usage and to be able to analyze them for the purpose of improving the offer. Users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. However, it should be noted that the use and especially the comfort of use will be limited without cookies.
You can manage many online ad cookies from companies through the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/uk/your-ad-choices/.
11. revocation, changes, corrections and updates
The user has the right to receive, upon request and free of charge, information about the personal data stored about him. In addition, the user has the right to correct incorrect data, blocking and deletion of his personal data, provided that this does not conflict with any legal obligation to retain data.
12. use of Facebook social plugins
Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the “Like button” (“Like”) on our page. An overview of the Facebook plugins can be found here: developers.facebook.com/docs/plugins/ When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while logged into your Facebook account, you can link the content of our pages on your Facebook profile. This allows Facebook to assign the visit to our pages to your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. You can find more information on this in the facebook privacy policy at de-de.facebook.com/policy.php If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.
13. miscellaneous
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.