Terms & conditions

General Terms and Conditions

§ 1 Definitions

  1. “Apartment / Holiday Apartment”: Refers to the rental property located at "Schlossalm Appartement", operated by Ulrike and Rudolf Seer, Martin Lodinger Straße 12, 5630 Bad Hofgastein.
  2. “Landlord”: Refers to Ulrike and Rudolf Seer, who provide accommodation for guests for payment at the above address.
  3. “Guest”: A natural person who uses the accommodation services. The guest is usually also the contracting party. Persons traveling with the contracting party (e.g., family members, friends) are also considered guests.
  4. “Contracting Party”: A natural or legal person, domestic or foreign, who enters into an accommodation contract for themselves or on behalf of a guest.
  5. “Accommodation Contract”: The contract concluded between the landlord and the contracting party, the content of which is defined below.

§ 2 Scope

  1. These General Terms and Conditions apply to contracts for the rental of apartments at Schlossalm Appartement for accommodation purposes and all related services and deliveries provided by Ulrike and Rudolf Seer. All services are provided exclusively based on these terms.
  2. Subletting or re-letting the rented apartment, as well as using it for purposes other than residential, requires prior written consent from the landlord.
  3. Terms and conditions of the guest shall only apply if agreed upon in writing beforehand. Deviations from these terms are only valid if explicitly confirmed in writing by the landlord.

§ 3 Contracting Parties

  1. The contracting parties are the landlords (Ulrike and Rudolf Seer) and the guest as the tenant. If a third party books on behalf of the guest, they shall be liable to the landlord as joint debtor alongside the guest. Unless otherwise stated, the booking party is liable even if they have booked for others. Booking parties must pass on all relevant information, including these terms, to the guests.
  2. Persons who make use of the accommodation services are considered guests under these terms.

§ 4 Contract Conclusion & Deposit

  1. The accommodation contract is generally concluded upon acceptance of a written booking or a booking via the "Smoobu booking portal" by the landlord.
  2. Upon booking, a deposit of approx. 20% of the total rental amount (or at least the amount required via the Smoobu portal) must be paid within 5 days. The guest receives a booking confirmation upon receipt of the deposit.
  3. The landlord may request full prepayment of the total amount.

§ 5 Start, Extension & End of Accommodation

  1. Guests may occupy the rented apartment from 3:00 PM on the agreed arrival day. Early check-in is only possible by prior arrangement.
  2. Booked apartments must be occupied by 6:00 PM on the arrival day. Late arrivals should be communicated in advance.
  3. Extensions of the stay require written approval from the landlord.
  4. On departure day, the apartment must be vacated by 10:00 AM. Later departures may be subject to a fee of up to 100% of the daily rate.
  5. Early departures do not entitle the guest to a refund. The full amount remains due.
  6. The landlord has the right to terminate the contract immediately if the guest:
    a. Uses the premises inappropriately or behaves in a grossly improper or offensive manner;
    b. Becomes ill with a contagious disease or requires care;
    c. Fails to pay the invoice within a reasonable deadline.
  7. In case of force majeure preventing fulfillment of the contract, it is dissolved.

§ 6 Cancellation Policy

  1. Guest Cancellation:
    a. If cancelled         more than 60 days before arrival, the deposit is refunded.
    b. If cancelled         within 60 days before arrival or in case of no-show, 100% of the total rental fee is charged.
    c. The landlord may opt for a flat-rate cancellation fee instead of a detailed calculation.
    d. Early departure or trip interruption does not entitle the guest to a refund.
  2. Landlord Cancellation:
    a. If an agreed deposit is not paid within 7 days, the landlord may cancel the contract.
    b. The landlord may cancel for valid reasons, including false information, misuse, or significant risk to the business or reputation.
    c. No compensation is owed to the guest in such cases.
    d. If the guest fails to arrive by 6:00 PM without prior notice, the landlord may cancel the reservation.
    e. If a deposit has been paid, the room will be held until 12:00 PM the following day.
    f. Even if the guest does not occupy the apartment, payment of the full agreed amount is still required.

§ 7 Services, Prices & Payment

  1. The guest is obligated to pay the agreed prices for accommodation and any additional services.
  2. Prices may change if the guest changes the duration or services booked.
  3. Invoices must be paid immediately without deductions. Late payment may incur interest and reminder fees.
  4. The landlord may request deposits or security payments before or after the contract is concluded.
  5. Final payment is due either in advance via bank transfer or in cash upon arrival.

§ 8 Landlord Liability & Limitation

  1. Any issues must be reported immediately. Failure to do so waives the right to a reduction.
  2. The landlord is liable for damages to life, body, and health per legal regulations.
  3. For other damages caused by slight negligence, liability is limited to foreseeable and contract-typical damage.
  4. Liability for property damage is capped at €1,000, and for financial loss at €500, except in cases of gross negligence or intent.
  5. These limitations apply to all types of claims, including tort, unless excluded by law.
  6. For lost or damaged property, liability is capped at €500; for valuables, at €100. Claims must be reported immediately.
  7. Parking is at the guest’s own risk. No security or monitoring is provided. Liability only applies in cases of gross negligence or intent.
  8. Claims expire within one year of discovery or within two years of the incident, whichever is earlier.

§ 9 Guest Rights

  1. The guest is entitled to use the rented apartment and common areas reasonably and to receive normal service.
  2. The guest may occupy the apartment from 3:00 PM on the arrival day.

§ 10 Guest Obligations

  1. Payment must be made upon arrival or in advance by bank transfer. Non-cash payments may be refused.
  2. Electrical devices beyond regular travel items require prior approval.
  3. Guests are liable for all damages caused by themselves or persons they are responsible for.

§ 11 Landlord Rights

  1. In case of payment default, the landlord has a legal right to retain the guest’s belongings.
  2. The landlord has a statutory lien on items brought in by the guest for unpaid amounts.

§ 12 Liability for Damages

The landlord is liable for damages suffered by guests only if caused by negligence or intent within the scope of operations.

§ 13 Pets

  1. Pets are only allowed with prior approval and may incur additional charges.
  2. Guests are liable for all damage caused by their pets.

§ 14 WLAN Internet Usage

  1. Access is granted via a code, provided only to guests.
  2. Internet use is free and limited to the duration of the stay. No guarantee for availability.
  3. The landlord accepts no liability for Internet access, viruses, or downloaded content.
  4. Illegal or copyrighted content must not be accessed or distributed.
  5. Misuse or illegal activity via the WLAN is prohibited.
  6. The guest is liable for all consequences of misuse and must indemnify the landlord against third-party claims.
  7. Access can be blocked at any time without notice for misuse.

§ 15 Final Provisions

  1. Amendments to the contract or terms must be made in writing.
  2. Place of performance and payment is the landlord's address.
  3. The competent court at the landlord’s location shall handle all legal disputes.
  4. Austrian law applies. Conflicting customer terms do not apply unless confirmed in writing.
  5. If individual provisions are or become invalid, the remainder remains effective.
  6. Legal regulations apply in all other cases.

Contact:
 Ulrike and Rudolf Seer
Martin Lodinger Straße 12,
5630 Bad Hofgastein, Austria
Tel: +43 6432 3038
Fax: +43 6432 85152
Email: schlossalm@sbg.at

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