These General Terms and Conditions are based on the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) as amended on November 15, 2006, adapted for Hotel loj.
Company: Oberreiter Tourismus GmbH
Shareholders: Joseph and Lena Oberreiter
Registered Office: Stahlhammergasse 236, 5542 Flachau
Commercial Register Number: FN 495915 m
VAT ID Number: ATU 73567339
These GTC apply to all accommodation contracts at Hotel loj. Written special agreements are possible and take precedence; otherwise, these provisions apply.
Accommodation Provider: Oberreiter Tourismus GmbH (Hotel loj)
Guest: any natural person who uses the hotel’s services
Contracting Party: any natural or legal person who books accommodation services for themselves or others
Accommodation Contract: contract between Hotel loj and the contracting party
A contract is concluded upon written confirmation of the booking and a down payment of 30% of the total price. The down payment must be made within 7 days of booking. If the down payment is not made, the room will be cancelled without further notice, regardless of any booking confirmation already received. The contracting party’s down payment can be made online via the booking tool or by bank transfer to the business account of Oberreiter Tourismus GmbH. The down payment is a partial payment of the agreed fee.
Rooms are available from 2:00 PM on the day of arrival. Apartments and chalets are available from 3:00 PM on the day of arrival.
On the day of departure, rooms, apartments, and chalets must be vacated by 10:00 AM. The accommodation provider is entitled to charge for an additional day if the rented premises are not vacated on time.
For cancellations up to 3 months before arrival, no fees apply.
2 months before arrival, a cancellation fee of 70% is due.
1 month before arrival, a cancellation fee of 90% is due.
1 week before arrival, the full amount is due.
Cancellations must be made in writing via email to info@loj-hotel.com.
If the guest does not arrive by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.
If the contracting party has made a down payment, the premises will remain reserved until 12:00 PM on the day following the agreed arrival day at the latest. The accommodation provider also reserves the right to cancel a booking up to 3 months before arrival.
Hotel loj is in no case obliged to provide substitute accommodation. Exceptions are unforeseen events that render the accommodation uninhabitable.
By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are ordinarily accessible to guests without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).
The contracting party is obliged to pay the agreed fee, plus any additional amounts incurred due to separate services used by them and/or accompanying guests, plus statutory VAT, at the latest by the time of departure. The accommodation provider is not obliged to accept foreign currencies. The contracting party is liable to the accommodation provider for any damage caused by them or the guest or other persons who receive services from the accommodation provider with the knowledge or consent of the contracting party.
If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB and the statutory lien in accordance with § 1101 ABGB on items brought in by the contracting party or the guest. This right of retention or lien further serves to secure the accommodation provider’s claim arising from the accommodation contract, particularly for catering, other expenses incurred for the contracting party, and for any claims for damages of any kind. The accommodation provider has the right to issue an invoice or interim invoice for its services at any time.
Hotel loj provides the agreed services according to the standard and itemizes special services separately.
The accommodation provider is liable for items brought in by the contracting party in accordance with §§ 970 et seq. ABGB. The accommodation provider’s liability only applies if the items have been handed over to the accommodation provider or persons authorized by the accommodation provider, or have been brought to a place designated or instructed by them. If the accommodation provider fails to provide proof, the accommodation provider is liable for its own fault or the fault of its staff, as well as incoming and outgoing persons. The accommodation provider’s liability according to § 970 para 1 ABGB is limited to the amount stipulated in the Federal Act of November 16, 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 place, the accommodation provider is released from all liability. The maximum amount of any liability of the accommodation provider is limited to the liability insurance sum of the respective accommodation provider. Any fault on the part of the contracting party or guest must be taken into account.
The accommodation provider’s liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof for the existence of fault.
For valuables, money, and securities, the accommodation provider is liable only up to the current amount of € 550. The accommodation provider is liable for damage exceeding this amount only if it has accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by itself or one of its staff. The limitation of liability according to 12.1 and 12.2 applies mutatis mutandis. The accommodation provider may refuse to keep valuables, money, and securities if they are significantly more valuable than items guests of the respective accommodation establishment usually deposit.
Animals are not permitted at Hotel loj. If guests arrive with animals, Hotel loj will cancel the booking, and the full fee will be payable by the contracting party.
There is no right to an extension, but it can be agreed upon individually.
Early departure entitles Hotel loj to charge the full fee, including booked additional services and meals. The contract with the accommodation provider ends upon the death of a guest.
The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through reckless, offensive, or otherwise grossly improper conduct, makes cohabitation unbearable for other guests, the owner, their staff, or third parties residing in the accommodation establishment, or commits a punishable act against property, morality, or physical safety towards these persons;
b) contracts an infectious disease or a disease that extends beyond the duration of accommodation, or otherwise becomes in need of care;
c) fails to pay the presented invoices by the due date within a reasonably set period (3 days).
If a guest falls ill during their stay at Hotel loj, the accommodation provider will arrange for medical care at the guest’s request. If there is imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves. As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the point when the guest can make decisions or the relatives have been notified of the illness.
Place of Performance: 5542 Flachau, Austria
Choice of Law: This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) and UN sales law.
Jurisdiction: 5600 St. Johann im Pongau, Austria
Hotel loj provides its guests with free internet access (Wi-Fi) during their stay. The guest undertakes not to use this access for unlawful purposes, in particular not for the unlawful download, upload, or distribution of copyrighted content. The respective guest/contracting party is solely liable for all legal infringements committed by the guest or accompanying persons via the hotel’s internet access. Hotel loj is indemnified against all third-party claims arising from abusive or unlawful use of the Wi-Fi.
The Smart TVs provided in the room may be used with streaming services (e.g., Netflix, Amazon Prime, Disney+, etc.) during the stay. The guest is obliged to log out of all personal accounts after use. If the guest fails to log out, and costs or damages arise as a result (e.g., because subsequent guests access the account or order paid content), the guest/contracting party is solely liable for all resulting claims and indemnifies Hotel loj from all responsibility.
Statutory provisions apply unless these GTC contain specific regulations.
The contracting party accepts the GTC of Hotel loj upon completion of the booking.
