These General Terms and Conditions (hereinafter referred to as "GTC") govern the reciprocal rights and obligations between guests and Scheiblhofer The Resort GmbH. These GTC also apply to all services of Scheiblhofer The Resort GmbH utilised by the guest that go beyond accommodation. The GTC do not exclude special agreements and are subsidiary to individual agreements. Provisions of the GTC that are not affected by special agreements remain in full force and effect.
1.1 Accommodation provider: A natural or legal person who accommodates guests for a fee or makes premises available for their use.
1.2 Guest: A natural person who makes use of accommodation or premises. As a rule, the guest is also the contractual partner. Guests shall also include those persons travelling with the contracting party.
1.3 Contractual partner: A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
1.4 Accommodation Agreement: means the agreement concluded between the Proprietor and the Party, the content of which is specified below.
1.5 Consumer & Entrepreneur: The terms are to be understood in the sense of the Consumer Protection Act of 1979 as amended.
1.6 Agreed contract sum: The agreed contract sum shall be understood as the costs of all agreed services (such as rooms, catering, drinks, room rental, seminar flat rates, personnel costs, technical equipment and other separately agreed extra services).
2.1 The Accommodation Agreement shall be deemed 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 can retrieve them under normal circumstances and they are received during the published business hours of the accommodation provider.
2.2 The Proprietor shall be entitled to conclude the Accommodation Agreement and an agreement on the provision of seminar and event rooms subject to the condition that the Party makes a down payment.
2.3 In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.
2.4 The Party shall be obliged to pay the agreed down payment no later than 14 days (receipt) after the order has been placed. The costs for the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective conditions of the card companies apply.
2.5 The deposit is an instalment of the agreed remuneration.
2.6 All services listed in the reservation confirmation or in the hotel's description of services are deemed to be contractually agreed.
2.7 Services not utilised cannot lead to a refund or reduction of the agreed price.
2.8 In the event of a change in the statutory value added tax after conclusion of the contract, the agreed price shall change accordingly.
3.1. The Party shall have the right to occupy the rented rooms from 3.00 p.m. on the agreed day ("day of arrival"), unless the Proprietor offers a different time of occupancy.
3.2. If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay and shall be charged in full.
3.3. The rented rooms shall be vacated by the Party by 11.00 a.m. on the day of departure. The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated in due time.
4.1. If the Accommodation Agreement or the Agreement on the Provision of Seminar and Event Rooms provides for a down payment and 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.
4.2. If the Guest does not arrive by 6.00 p.m. on the agreed day of arrival, the Proprietor shall not be obliged to provide accommodation unless a later time of arrival has been agreed or announced in due time.
4.3. If the Contractual Partner has paid a deposit, the rooms shall remain reserved until 11.00 a.m. on the day following the agreed day of arrival at the latest.
4.4. Unless otherwise agreed, the accommodation contract may be cancelled by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than 30 days before the agreed date of arrival of the contracting party.
5.1 In the case of bookings of 1 to 3 rooms, the accommodation contract may be cancelled by unilateral declaration by the contracting party no later than 1 day before the agreed arrival date of the guest at 6 p.m. without payment of a cancellation fee. In the event of later cancellations, a cancellation fee of 90% of the agreed order amount will be charged. In the event of no-show, we reserve the right to charge 100% of the agreed order amount.
5.2 For bookings of more than 3 rooms, but up to a maximum of 9 persons, the accommodation contract can be cancelled by unilateral declaration by the contractual partner no later than 5 days before the agreed arrival date of the guests without payment of a cancellation fee. For later cancellations, a cancellation fee of 90% of the agreed order amount will be charged. In the event of no-show, we reserve the right to charge 100% of the agreed order amount.
Group bookings
5.3 In the case of bookings for groups of 10 persons or more, cancellation of the accommodation contract by unilateral declaration by the contracting party is possible free of charge up to 60 days before the agreed arrival date without payment of a cancellation fee by unilateral declaration. Later cancellations are only possible subject to payment of the following cancellation fees:
- 59 to 30 days before the arrival date 50% of the agreed order amount
- 29 to 8 days before the arrival date 80% of the agreed order amount
- 7 days or later before the day of arrival 90% of the agreed order amount
- In the event of non-arrival 100% of the agreed order amount
5.4 Reduction of the number of guests for group bookings: After conclusion of the contract, we allow the guest to reduce the number of guests free of charge as follows:
- Up to 14 days before the event: up to 10% of the number of guests agreed in the signed offer.
- If the reduction in the number of guests is higher than 10%, the following costs per reduced person will be charged for this difference:
- Up to 14 days before the event: 50% of the agreed order amount
- Up to 7 days before the event: 75% of the agreed order amount
- Less than 7 days before the event: 90% of the agreed order amount
Group bookings in connection with an event fall under the following item Event bookings.
Event bookings
5.5 Event bookings are all events such as seminars, conferences, meetings, banquets, weddings, celebrations and the like.
5.6 Participating persons: For all event bookings, we require the exact details (full name and date of birth) of the persons attending no later than 7 days before the start of the event. If the number of guests attending is higher than the minimum number stated, the actual number of participants will be charged. Significant changes to the event programme or an increase in the number of participants may result in an adjustment to the agreed order amount.
5.7. Reduction of the number of guests at events: After conclusion of the contract, we allow the guest to reduce the number of guests free of charge as follows:
- Up to 14 days before the event: up to 10% of the number of guests agreed in the signed offer.
- If the reduction in the number of guests is higher than 10%, the following costs per reduced person will be charged for this difference:
- Up to 14 days before the event: 50% of the agreed order amount
- Up to 7 days before the event: 80% of the agreed order amount
- Less than 7 days before the event: 90% of the agreed order amount
5.8. Withdrawal from the contract for the booking of events (complete cancellation of an event) is possible free of charge up to 90 days before the event. Later cancellations are only possible subject to the following cancellation fees:
- 89 Up to 60 days before the event: 30% of the agreed order amount
- 59 to 30 days before the event: 50% of the agreed order amount
- 29 to 8 days before the event: 80% of the agreed order amount
- 7 days or later before the event: 90% of the agreed order amount
- In the event of no-show: 100% of the agreed order amount
5.9. In the event of cancellation of an event by the customer, any costs arising from the preparations shall be borne in full by the contracting party. Third-party services commissioned on behalf of the Party shall be paid by the Party after cancellation to the extent that the Proprietor itself owes the third party.
5.10. The following special provisions shall apply to call-off contingents where a certain number of rooms is blocked by a certain cut-off date defined between the accommodation provider and the contracting party, which are subsequently booked individually by each participant:
- The Party undertakes to take 50% of the booked contingent. If more than 50% of the rooms are not booked by the guests in the period up to the deadline, the costs shall be borne by the organiser.
The guest who books a room from a booked contingent can withdraw from his accommodation contract free of charge up to 14 days before the event without paying a cancellation fee by unilateral declaration. Thereafter, the following cancellation fees apply:
- up to 7 days before the event: 50% of the agreed order amount
- less than 7 days before the event: 90% of the agreed order amount
- in the event of non-arrival: 100% of the agreed order amount.
6.1 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, flooding, natural disasters, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival. However, the Proprietor shall be informed immediately of the impediment to arrival.
6.2 The obligation to pay the remuneration for the booked stay shall be revived from the date of arrival if arrival is possible again within 1 day.
7.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.
7.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated have to extend their stay, there is an overbooking or other important operational measures necessitate this step.
7.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
8.1 By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to the guests for use without special conditions, and to the usual service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
9.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by the Party and/or the accompanying guests plus statutory VAT by the time of departure at the latest.
9.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
9.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.
10.1 If the Party refuses to pay the agreed remuneration or is in arrears with it, the Proprietor shall be entitled to the statutory right of retention pursuant to § 97Oc ABGB and the statutory right of lien pursuant to S 1101 ABGB to the items brought in by the Party or the Guest. The Proprietor shall also 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.
10.2 If roomservice is requested in the room of the Party (food or beverage service), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be pointed out. The Proprietor may also refuse such services for operational reasons.
10.3 Any use of the rooms provided to the Guest that deviates from the Agreement shall entitle the Proprietor to terminate the contractual relationship without notice, without this resulting in a reduction of the agreed remuneration for the Proprietor.
10.4 The Proprietor shall have the right to invoice or interim invoice its services at any time.
11.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
11.2 Special services of the Proprietor that are subject to labelling and are not included in the accommodation fee shall be invoiced separately.
12.1 The Proprietor shall be liable pursuant to §§ 970 ff 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 to persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. Pursuant to § 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage location, the accommodation provider 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.
12.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.
12.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage in excess of this amount in the event that it has accepted these items for safekeeping in full knowledge of their nature or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
12.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than those usually deposited by guests of the relevant accommodating establishment.
12.5. In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred upon becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall lapse.
13.1 If the Party is a Consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded.
13.2 If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the reliance interest.
13.3 Participation in various leisure activities within the framework of the Proprietor's offer structure shall be the responsibility of the Party and shall be at the Party's own risk.
13.4 The Party shall be required to check equipment and vehicles before using them. The Proprietor shall only be liable for accidents that occur during any leisure activities in the event of direct fault. Parents are liable for their children.
13.5 If persons and luggage are transported free of charge, the Proprietor's liability for personal injury and damage to property shall be limited to the statutory motor vehicle insurance. Liability for losses and delays shall be excluded entirely. The Proprietor shall be indemnified and held harmless by the Party.
14.1 Animals may only be brought to the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
14.2 Dogs may only be brought into selected suites in the "Peak of Glory" category upon request and subject to availability for an additional charge of € 40 per night per dog.
14.3 The contractual partner who takes an animal with them is obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by a suitable third party at their own expense.
14.4 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 such insurance shall be provided upon request by the Proprietor.
14.5 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.
14.6 Animals shall not be permitted in the common rooms, restaurant rooms and wellness areas.
15.1 Lost property may be forwarded upon request against full reimbursement of costs. The accommodation provider undertakes to store the items for up to 6 months. After this period, the items shall be disposed of.
15.2 The Proprietor shall undertake the storage, delivery and forwarding of messages, post and consignments of goods at the Guest's request. A reasonable fee may be charged for this plus the specified delivery costs.
15.3 Liability for loss, delay or damage shall be excluded in any case.
16.1 The Party shall not be entitled to an extension of their stay. If the Party notifies the Proprietor of its desire to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so.
16.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure.
16.3 A reduction of the remuneration for this period shall only be possible if the Party is unable to fully utilise the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the remuneration corresponding to the price usually charged.
17.1 If the Accommodation Agreement was concluded for a fixed term, it shall end upon expiry of the term. If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilisation of its services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms booked by the guest are not used and the rooms can be rented to other guests due to the cancellation by the contracting party. The contractual partner shall bear the burden of proof of the savings.
17.2 The contract with the Proprietor shall end upon the death of a Guest.
17.3 If the Accommodation Agreement has been concluded for an indefinite period, the Parties may terminate the Agreement by 10:00 a.m. on the third day prior to the intended end of the Agreement.
17.4 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper behaviour, causes the other guests, the owner, the owner's staff or third parties staying at the accommodating establishment to dislike living together or commits an act against property, morality or physical safety towards these persons that is punishable by law;
- is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
- fails to pay the submitted invoices when due within a reasonably set period (3 days).
17.5 If the fulfilment of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the Party shall be excluded.
18.1 If a guest falls ill during his stay in the accommodation establishment, the accommodation provider shall provide medical care at the request of the guest. If danger is in default, the accommodation provider will arrange for medical care even without special request of the guest, especially if this is necessary and the guest is not able to do so himself.
18.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Host shall provide medical treatment at the Guest's expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the case of illness.
18.3 The accommodation provider has claims against the contractual partner and the guest or in the event of death against their legal successors, in particular for the following costs: • open medical expenses, costs for patient transport, medicines and medical aids • any other damages incurred by the accommodation provider.
19.1 Place of performance is the place where the accommodation establishment is located. 19.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular the IPRG and the CISG) as well as the UN Sales Law. 19.3 The exclusive place of jurisdiction in bilateral business is the registered office of the Accommodation Provider, whereby the Accommodation Provider is also entitled to assert its rights in any other local and subject-matter competent court.
20.1 The children's play area "Youngstar Area" is occasionally supervised, but it should be noted that this does not supervise the children, but the caretakers are only available to answer questions.
20.2 The "Youngstar Waterworld" children's play area is supervised from 7:00 to 20:00, but please note that the children are not supervised, but only available for questions.
21.1 Unless otherwise provided in the above provisions, a time limit shall begin to run when the document ordering the time limit is served on the contracting parties, who shall comply with the time limit. When calculating a time limit which is determined in days, the day on which the time or event on which the beginning of the time limit is to be calculated shall not be taken into account. Time limits expressed in weeks or months refer to those days of the week or month which, by designation or number, corresponds to the day from which the time limit is to be counted. If that day is missing in that month, the last day of that month shall prevail.
21.2 Declarations must be received by the other contracting party on the last day of the deadline (24h).
21.3 The accommodation provider is entitled to set off against its own claims against the claim of the contractual partner. The contractual partner is not entitled to set off with its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contractual partner has been judicially established or acknowledged by the accommodation provider.
21.4 In the event of regulatory gaps, the relevant statutory provisions apply.
21.5 Any claims for damages arising from non-fulfilment of wake-up calls are excluded.
21.6 Any information is provided without guarantee.
21.7 We reserve the right to correct errors as well as printing and calculation errors.
21.8 Oral agreements become effective only if they have been confirmed in writing by the accommodation provider.
21.9 Should any of the above provisions be or become invalid, this shall affect the Validity of the other provisions not. Instead of the invalid provision, a valid regulation that is as close as possible to it shall apply.
21.10 Between 01:00 and 07:00 a.m. we kindly ask you to respect the night's rest and to not disturb other guests with increased background noise. This applies to all areas in and around “The Resort” and „TheHangOver“. Persons who violate the night's rest may be refused a further stay and, if necessary, a house ban may be imposed.
21.11 In our Infinity Restaurant, guests dress according to the standard of our hotel and appreciate it with other guests as well. We therefore ask for your understanding that the wearing of training clothes, swim shoes, flip-flops, shorts, armless shirts and hats is not permitted in the Infinity Restaurant.
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