• General Terms and Conditions
Today 15/Dec/18 -5°

General Terms and Conditions

General Terms and Conditions

The essential Points

Cancellation terms see Section 5: 

- up to 3 months prior to the date of arrival: no cancellation fee;
- up to 1 month prior to the date of arrival: 40% of the total agreed price;
- up to 1 week prior to the date of arrival: 70% of the total agreed price;
- in the week immediately prior to the date of arrival: 90% of the total agreed price. 

1) By virtue of the booking on the part of the guest and commensurate confirmation by the reservation office, the guest and accommodation facility duly accept application of the General Terms and Conditions for the Hotel Industry in Austria (ABH 2006).

2) The Lech Zürs reservation office (abbreviated to RO in the following text) is merely the intermediary agent in respect of the accommodation agreement concluded between the guest and the accommodation facility. The RO accepts no responsibility for breaches of contract by the guest or the accommodation facility or for other mediated services, such as ski school, ski passes etc. In the event of breach of its own obligations, the RO accepts responsibility solely up to a maximum sum equal to that of the agreed fee. All information regarding the accommodation facility is provided to the best of our knowledge; however no responsibility is accepted for the correctness of such.

3) Offers presented to the guest by the RO are non-binding. Valid reservation is only first effected by means of written reservation on the part of the guest and commensurate written return confirmation from the RO. Following receipt of the signed booking and payment of a deposit (credit card, payment credited to RO bank account), the RO will send commensurate confirmation of payment. Deposit amounts paid onto our account without a prior written return confirmation from the RO will (in the absence of other possible alternative) be returned at the cost of the payer.

4) The RO recommends the conclusion of travel cancellation/discontinuation insurance. 

Excerpt from AGBH 2006: 

Section 4 Start and end of accommodation 

4.1 Where the proprietor has not offered any other time of occupancy, the contracting party may occupy the rented rooms from 4.00 p.m. on the agreed date (‘date of arrival’). 

4.2 If a room is occupied for the first time prior to 6.00 a.m., the preceding night shall be deemed the first night of accommodation.

4.3 The rented rooms are to be vacated by the contracting party by 12.00 noon on the date of departure. The proprietor is entitled to charge an extra day if the rented rooms are not vacated promptly.

Section 5 Withdrawal from the accommodation agreement – cancellation fee 

Withdrawal by the proprietor

5.1 Where the accommodation agreement provides for a prepaid deposit and the contracting party fails to pay such on time, the proprietor will be entitled to withdraw from the accommodation agreement without granting any period of grace.

5.2 Should the guest fail to arrive by 6.00 p.m. on the agreed date of arrival, the proprietor will not be obliged to accommodate the guest, save for where a later time of arrival has been agreed. 

5.3 Where the contracting party has paid a deposit (see 3.3), the rooms shall be deemed duly reserved until 12.00 noon at the latest on the day following the date of arrival. If a prepayment for more than four days has been made, the obligation to accommodate the guest shall cease with effect from 6.00 p.m. on the fourth day, whereby the date of arrival is deemed the first day, save for where the guest communicates a later date of arrival.

5.4 In the absence of alternative agreement, by means of commensurate unilateral declaration the proprietor may cancel the accommodation agreement for materially justified reasons no later than 3 months prior to the contracting party’s agreed date of arrival. 

Withdrawal by the contracting party – cancellation fee 

5.5 The contracting party may cancel the accommodation agreement by means of commensurate unilateral declaration up to 3 months prior to the guest’s agreed date of arrival without incurring a cancellation fee.

5.6 Outside the period stipulated under 5.5 above, withdrawal by means of unilateral declaration

by the contracting party is subject to the following cancellation fees: 

- up to 3 months prior to the date of arrival: no cancellation fee;
- up to 1 month prior to the date of arrival: 40% of the total agreed price;
- up to 1 week prior to the date of arrival: 70% of the total agreed price;
- in the week immediately prior to the date of arrival: 90% of the total agreed price.

Impediment to arrival 

5.7 Should the contracting party fail to arrive at the accommodation facility on the intended date of arrival due to exceptional, unforeseen circumstances preventing any possibility of arrival (e.g. heavy snowfall, flooding etc.), the contracting party shall not be obliged to pay the agreed fee for the respective date of arrival.

5.8 The obligation to pay the fee for the booked accommodation shall revive once arrival is again possible provided that this occurs within three days.

Section 17 Place of performance, legal venue and applicable law 

17.1 Place of performance is the place where the accommodation facility is situated. 

17.2 This contract is subject to the procedural and substantive law of Austria to the exclusion of the provisions of international private law (specifically IPRG [Austrian Act on International Private Law] and the Rome Convention) and the United Nations Convention on Contracts for the International Sale of Goods.

17.3 Where the contracting party is an entrepreneur, exclusive legal venue is the domicile of the proprietor, whereby the proprietor is also entitled to assert its rights before any other court with authority for the location and material issue in question.

17.4 Where the accommodation agreement has been concluded with a contracting party that is a consumer domiciled or with ordinary place of residence in Austria, actions against the consumer may be filed exclusively at the consumer’s domicile, ordinary place of residence or place of work. 

17.5 Where the accommodation agreement has been concluded with a contracting party that is a consumer domiciled in a member state of the European Union (excluding Austria), Iceland, Norway or Switzerland, the court with authority for the domicile of the consumer in respect of actions against the consumer in the relevant location and matter shall have exclusive jurisdiction.