© 2021 by AMR IMPRESSUM

GENERAL TERMS AND CONDITIONS Arlberg Mountain Resort 2022 As of 24.03.2023 based on the GENERAL TERMS AND CONDITIONS FOR THE HOTELERY (AGBH2006) § 1 Scope of application These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981. The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail. § 2 Definitions of terms "Hosts": Is a natural or legal person who accommodates guests for a fee. "Guest": Is a natural person who makes use of accommodation. Usually, the guest is also the contractual partner. Guests are also those persons who travel with the contractual partner (e.g. family members, friends, etc.). "Contractual partner": Is a natural or legal person in Germany or abroad who concludes an accommodation contract as a guest or for a guest. "Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended. "Accommodation contract": This is the contract concluded between the hotelier and the contracting party, the content of which is subsequently regulated in more detail.  § 3 Conclusion of contract - down payment The Accommodation Agreement shall come into existence upon acceptance by the Proprietor of the Contracting Partner's order. Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to retrieve them under normal circumstances and access is made to the accommodation provider's announced business hours. The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or verbal order of the Party. If the Party agrees to the down payment (in writing or verbally), the Accommodation Agreement shall come into existence upon receipt by the Proprietor of the declaration of agreement on payment of the Party's down payment. The Party shall be obliged to pay the down payment no later than 7 days (arriving) prior to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective conditions of the card companies apply. The down payment is a partial payment on the agreed fee. § 4 Start and end of accommodation The Party shall have the right, if the Proprietor does not offer any other reference time, to move into the rented rooms from 4 p.m. on the agreed day ("day of arrival"). If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay. The rented rooms shall be vacated by the contractual partner by 09:30 a.m. on the day of departure. The Proprietor shall be entitled to charge a further day if the rented rooms have not been vacated in due time. § 5 Withdrawal from the Accommodation Agreement - Cancellation Fee Withdrawal by the Proprietor If the Accommodation Agreement provides for a down payment and if the down payment has not been made in due time by the Party, the Proprietor may withdraw from the Accommodation Agreement without notice. If the guest does not arrive by 6 p.m. on the agreed arrival day, there shall be no obligation to accommodate unless a later arrival time has been agreed. If the Party has made a down payment (see 3.3), the premises shall remain reserved until 11.00 a.m. of the day following the agreed day of arrival at the latest. In the event of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival. The Accommodation Contract may be terminated by the Proprietor by unilateral declaration for objectively justified reasons up to 3 months before the agreed date of arrival of the Party at the latest, unless otherwise agreed. Withdrawal by the contracting party - Cancellation fee Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract can be cancelled without payment of a cancellation fee by means of a unilateral declaration by the contracting party. See the special agreement in § 19. Outside the period specified in § 5.5., withdrawal by unilateral declaration by the contractual partner is only possible with payment of the following cancellation fees: - up to 1 month before the day of arrival 40% of the total package price; - up to 1 week before the day of arrival 70 % of the total package price; - 90 % of the total package price in the last week before the day of arrival. Obstructions to arrival If the Party cannot appear at the place of accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.), the Party shall not be obliged to pay the agreed fee for the days of arrival. The obligation to pay compensation for the booked stay is revived from the time of arrival if the journey becomes possible again within three days. § 6 Provision of substitute accommodation The Proprietor may provide the Party or the Guests with adequate alternative accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified. An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures require this step. Any additional expenses for the substitute accommodation shall be borne by the accommodation provider. § 7 Rights of the contracting party By concluding an Accommodation Agreement, the Party shall acquire the right to the usual use of the rented rooms, the facilities of the accommodating establishment, which are usually accessible to the guests for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules). § 8 Obligations of the contractual partner The contractual partner is obliged to pay the agreed fee plus any additional amounts arising from the separate use of services by him and/or the guests accompanying him plus statutory value- added tax at the latest at the time of departure. The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted as payment at the daily exchange rate as far as possible. Should the Proprietor accept foreign currencies or non-cash means of payment, the Party shall bear all related costs, such as enquiries with credit card companies, telegrams, etc. The Party shall be liable to the Proprietor for any damage caused by him or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party. § 9 Rights of the Proprietor 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 in accordance with § 970c ABGB and the statutory lien in accordance with § 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien as security for his claim under the Accommodation Agreement, in particular for meals, other expenses incurred for the Party and for any claims for damages of any kind. If the service is requested in the room of the Party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to demand an extra charge for this. However, this special charge shall be indicated on the room price board. The hotelier may also refuse these services for operational reasons. The Proprietor shall be entitled to invoice or interim account for its services at any time. § 10 Obligations of the Proprietor The Proprietor shall perform the agreed services to an extent consistent with its standard. Special services of the Proprietor which are subject to labelling and which are not included in the price of the accommodation are exemplary: Special accommodation services which may be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage, etc. A reduced price shall be charged for the provision of additional beds or children's beds. § 11 Liability of the Proprietor for damage to items brought in The Proprietor shall be liable in accordance with §§ 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 taken to a place designated or designated by the Proprietor. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or the fault of his staff as well as the persons leaving and arriving. The hotelier shall be liable in accordance with § 970 (1) ABGB up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended, at the most. If the Party to the Agreement or the Guest does not immediately comply with the request of the Proprietor to deposit his property at a special place of storage, the Proprietor shall be released from any liability. The amount of any general liability of the hotelier shall be limited to a maximum of the liability insurance sum of the respective hotelier. The fault of the contracting party or guest must be taken into account. The accommodation provider's liability for slight negligence is excluded. 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 damages or indirect damages as well as lost profits shall not be reimbursed under any circumstances. The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any damage in excess thereof in the event that he has accepted these items for safekeeping with knowledge of their condition or in the event that the damage was caused by himself or one of his employees. The limitation of liability pursuant to 12.1. and 12.2 shall apply mutatis mutandis. The Proprietor may refuse to keep valuables, money and securities in safe custody if they are much more valuable than guests of the accommodation in question usually hold in safe custody. In any case of the assumed safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred as soon as it becomes known. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall lapse. § 12 Limitations of liability If the Party is a consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded. 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 damages, immaterial damages or indirect damages as well as lost profits will not be compensated. The damage to be compensated shall in any case be limited to the amount of the trust interest. § 13 Animal husbandry Animals may only be brought into the accommodating establishment with the prior consent of the accommodation provider and, if necessary, for a special fee. The Party which takes an animal with it shall be obliged to keep or supervise it properly during its stay or to have it kept or supervised by suitable third parties at its own expense. The contractual partner or guest who takes an animal with him must have a corresponding animal liability insurance or a private liability insurance which also covers possible damage caused by animals. The proof of the corresponding insurance is to be furnished upon request of the accommodation provider. The Party or its insurer shall be liable to the Proprietor undivided for the damage caused by animals brought along. In particular, the damage shall also include any indemnification to be paid by the Proprietor to third parties by the Proprietor. Animals shall not be allowed in the salons, social rooms, restaurant rooms and wellness areas. § 14 Prolongation of accommodation The contractual partner has no right to have his stay extended. If the Party announces its wish to extend its stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall have no obligation to do so. 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.), all departure possibilities are blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodation company due to the exceptional weather conditions. The Proprietor shall be entitled to demand at least that charge which corresponds to the price normally charged in the off-season. § 15 Termination of the Accommodation Agreement - Early Termination If the Accommodation Agreement has been concluded for a certain period of time, it shall end upon expiry of this period. If the Party leaves prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of not making use of its range of services or what it has obtained by renting the rooms ordered elsewhere. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of non-use of the rooms ordered by the guest and the room can be rented to other guests due to cancellation by the contracting party. The contractual partner bears the burden of proof of the savings. The contract with the accommodation provider shall end upon the death of a guest. If the Accommodation Agreement has been concluded for an indefinite period of time, the Parties may dissolve the Agreement by 10.00 a.m. of the third day before the intended end of the Agreement. The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest makes considerably detrimental use of the premises or, by his reckless, offensive or otherwise grossly improper conduct, makes the other guests, the owner, his people or the third parties living in the accommodation accommodation unfit to live together or is guilty of a punishable act against property, morality or physical safety towards these persons; is afflicted by an infectious disease or an illness which exceeds the period of hospitalization, or is otherwise in need of care; the submitted invoices have not been paid within a reasonable period of time (3 days) when due. If performance of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a period of notice unless the Agreement is already deemed to have been terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded. § 16 Illness or death of the guest If a guest falls ill during his stay in the accommodation establishment, the accommodation provider shall provide medical care at the guest's request. If danger is imminent, the Proprietor shall arrange for medical care to be provided even without the Guest's special request, in particular if this is necessary and the Guest is not in a position to do so. As long as the Guest is not in a position to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall provide medical treatment at the expense of the Guest. However, the scope of these care measures shall end at the time when the guest can make decisions or the relatives have been informed of the case of illness. The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs: open medical expenses, costs for patient transport, medication and medical aids necessary room disinfection, linen, bed linen and bed furnishings which have become unusable, otherwise for disinfection or thorough cleaning of all such articles, Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death, Room rent, if the guest has occupied the room, plus any days of unusability of the rooms due to disinfection, evacuation or similar, any other damage incurred by the Proprietor. § 17 Place of performance, place of jurisdiction and choice of law The place of performance shall be the place where the place of accommodation is located. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÃœ) as well as UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court. If the Accommodation Agreement has been concluded with a Party who is a consumer and who has his place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer. If the Accommodation Agreement was concluded with a contractual partner who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the competent court for the consumer's domicile for actions against the consumer, both locally and factually, shall have exclusive jurisdiction. § 18 Miscellaneous Unless the above provisions provide otherwise, a time limit shall run from the date of service of the document fixing the time limit on the contracting parties, who shall observe it. In calculating a time limit determined by the number of days, the day in which the time or event on which the beginning of the time limit is to depend shall not be counted shall not be counted. Periods determined by weeks or months shall refer to the day of the week or month which, by its name or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month shall be decisive. Declarations must have been received by the other contracting party on the last day of the period (midnight). The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been determined by a court or acknowledged by the Proprietor. In the event of loopholes, the corresponding statutory provisions shall apply. § 19 Special agreements Deviating agreements in § 1 to § 18 the following is agreed: to § 5 paragraph 5: Withdrawal by the contracting party - cancellation fee: In case of cancellation after booking and up to 1 month before arrival a cancellation fee in the amount of the down payment can be demanded by the accommodation provider. In addition, the visitor's tax must be paid on site. The final cleaning fee is 75€ per stay. The deposit is 25% of the total price. Special cancellation conditions during pandemic periods: In pandemic periods, no cancellation fees are due if - the accommodation provider has been banned from providing accommodation by the authorities - or entry to Austria is restricted for persons coming from the host country. For the use of the Private SPA, the posted sauna bathing rules apply. Opening hours are daily from 10am to 10pm.