§1 Scope of application:
1. These General Terms and Conditions (GTC) apply to all services provided by LTH Mountainlodge GmbH (hereinafter referred to as "LTH") to the guest, the organizer and other contractual partners (hereinafter referred to as "contractual partners"). The services consist in particular of the free use of vacation apartments, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries of LTH. LTH is entitled to have its services performed by third parties.
2 These T&Cs apply to all types of contracts such as apartment accommodation, package tour, contingent or event contracts concluded with LTH. The GTC also apply to all future transactions with the contractual partner.
3. general terms and conditions of the contractual partner shall not apply, even if LTH does not expressly object to them. Counter-confirmations by the contractual partner with reference to its GTC are hereby rejected.
§2 Conclusion of contract
1. The respective contract is generally concluded following a verbal or written application by the contractual partner and by LTH's acceptance. LTH is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing the service.
2. if the contractual partner concludes a so-called contingent contract, the contractual partner shall be liable for all damages culpably caused by the end user.
3. the subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if LTH expressly permits this. LTH may, at its own discretion, grant a written exception upon request.
4 LTH is not bound by a booking confirmation if it is based on an electronic offer based on a technical error.
5 If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, LTH is also entitled to withdraw from the contract within this period.
6. furthermore, LTH is entitled to withdraw from the contract for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract - contractually agreed advance payments are not made - technical problems on the part of LTH or third-party providers existed at the time of the customer's online booking.
7 The justified withdrawal by LTH does not justify any claim for damages by the customer.
§3 Apartment use, apartment handover, departure
1. The apartments are made available exclusively for accommodation purposes.
2. the contractual partner is liable to LTH for all damages caused by it or by third parties who receive LTH's services at its instigation.
3. the contractual partner has no claim to the use of specific apartments. If apartments are not available in the hotel, LTH will inform the contractual partner of this immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contractual partner refuses, LTH must reimburse the services provided by the contractual partner without delay.
4. booked apartments are available to the contractual partner from 4 p.m. on the day of arrival. Unless otherwise agreed, LTH has the right to reallocate booked apartments after 6 p.m. without the contractual partner being able to derive any rights or claims from this.
5. the apartments must be vacated by 10:00 a.m. at the latest on the day of departure. After this time, LTH may charge the daily rate for the additional use of the room until 4:00 p.m., and 100% of the full accommodation price (list price) from 4:00 p.m. onwards.
6. a deposit of € 500,- will be charged. The deposit will be blocked on your credit card and released after your departure. In the event of damage, the costs will be offset against the deposit.
§4 Provision of services, prices, payments, offsetting and assignment
1. The prices of the respective services are determined according to LTH's price list valid at the time the service is provided. All prices include the currently valid statutory value added tax. Increases in value added tax shall be borne by the contractual partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, LTH has the right to increase prices by a maximum of 15%. Subsequent changes to the services can lead to price changes. LTH is entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates can be stipulated in the contract.
2. if the contractual partner has booked within a period during which a trade fair, a major event or another event is taking place and such an event is postponed after conclusion of the contract for reasons for which LTH is not responsible, this contract shall apply to the new period if LTH is able to fulfill the agreed services at this time. LTH shall inform the contractual partner within a reasonable period whether it is able to fulfill its performance obligation. If the service is not possible, in particular if the booked rooms for the new period have already been let to third parties, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already provided. These are to be refunded or remunerated.
3. the payment claim of LTH is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. The statutory regulations apply in the event of late payment.
4. the preparation of a total invoice does not release the customer from the obligation to pay the individual invoices on time. A delay in payment of even just one individual invoice entitles LTH to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
5. a reminder fee of € 10.00 is owed for each reminder, invoices are to be paid immediately in cash or by credit card. LTH is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company in question or if corresponding advance payments have been made. A refund of unused services is excluded.
6. the contractual partner can only offset against a claim by LTH if its claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with LTH's written consent.
§5 Cancellation of services
1. Reservations made by the contractual partner are binding for both contractual partners. If the contractual partner cancels a reservation, the contractual partner must pay the following compensation.
Cancellations up to 14 days before arrival are free of charge, later cancellations will be charged at 90% of the tour price.
2. the contractual partner is entitled to provide evidence that LTH's damage is non-existent or lower.
3. if LTH is able to provide the canceled service to third parties elsewhere during the agreed period, the contractual partner's compensation shall be reduced by the amount that these third parties pay for the canceled service, up to a maximum of the total compensation.
§6 Withdrawal / Termination LTH
1. In accordance with the statutory provisions, LTH is entitled to withdraw from or terminate the contract if
a) the contractual partner does not provide a due service
b) the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which LTH is not responsible
c) the contractual partner makes misleading or false statements about essential data
d) the contractual partner uses LTH's name with advertising measures without prior written consent.
e) rooms covered by the contract are sublet in whole or in part without LTH's written consent.
f) LTH has justified cause to believe that the use of the hotel service may jeopardize the smooth running of the business, the security or the reputation of LTH in public.
2 LTH must inform the contractual partner of the exercise of the withdrawal/termination in writing without delay, at the latest within 14 days of the reason becoming known. Cancellation of the contract by LTH does not justify any claims by the contractual partner for damages or other compensation payments. LTH's entitlement to compensation for damages incurred and expenses incurred by it remains unaffected in the event of justified termination of the contract.
§7 LTH's liability, items brought in, statute of limitations
1. LTH shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent behavior.
2. as an exception, LTH is liable for slight negligence in the event of damages,
a) which are based on the breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract.
b) due to injury to life, limb or health.
3. any liability of LTH for consequential or indirect damages is excluded
4. exclusions and limitations of liability apply in the same way in favor of all companies used by LTH to fulfill its contractual obligations, its subcontractors and vicarious agents. They do not apply if LTH assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
5 Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
6 The contractual partner is obliged to notify LTH of any recognizable defects immediately, at the latest on departure.
7. items left behind by the contractual partner/accommodating party will only be forwarded at the request, risk and expense of the contractual partner. LTH will store the items for 12 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost and found office if they have a recognizable value.
8. all claims of the contractual partner against LTH arising from or in connection with the contract lapse after the expiry of one year, beginning with the end of the year in which the claim arose and the contractual partner became aware of the circumstances justifying the claim or should have become aware of them without gross negligence.
§8 Place of performance and payment, place of jurisdiction, ancillary agreements, partial invalidity
1. The place of performance and payment for both parties is the registered office of LTH.
2. Austrian law applies.
3. Place of jurisdiction Scheibbs
4. Should individual provisions of the contract, including these terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the intended purpose and economic meaning. The same applies in the event that there are loopholes in the contract.
3295 Lackenhof