Terms and Conditions Das Brixx

General Terms and Conditions

Status: May 2024

For mutual assurance of the accommodation contract.

  • Innkeeper": Sportresort Hohe Salve GmbH, FN 286454 g

  • "Guest": Is a natural person who uses accommodation. The guest is usually also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests).

  • "Contracting Party": Is a natural or legal person from Germany or abroad who concludes an accommodation contract as a guest or for a guest.

  • "Participant". Is a guest who uses a sports offer of the innkeeper.

  • "Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

  • "Accommodation Contract": Is the contract concluded between the innkeeper and the contracting party, the content of which is regulated in more detail below.

The accommodation contract is concluded by the acceptance of the contracting party's order by the innkeeper. Electronic declarations are deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the innkeeper's stated business hours.

The innkeeper is entitled to conclude the accommodation contract on condition that the contracting party makes a deposit. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract comes into effect upon receipt of the contracting party's declaration of consent regarding the payment of the deposit by the innkeeper.

The contracting party is obliged to pay the deposit no later than 15 days after being requested to do so by the innkeeper (received free of charge). The costs for the money transaction (e.g. transfer fees) are borne by the contracting party. The respective conditions of the card companies apply to credit and debit cards. If the contracting party defaults on the deposit, the innkeeper can either insist on the fulfillment of their claim or withdraw from the contract after setting a reasonable grace period.

The deposit is a partial payment of the agreed fee.

A prepayment of 20% is to be made for certain travel periods.

If the statutory VAT rate changes, the innkeeper reserves the right to pass on the change in the tax rate to the guest to the same extent as the change through a price adjustment.

The contracting party has the right, unless the innkeeper offers a different occupancy time, to occupy the rented rooms from 4:00 p.m. on the agreed day ("arrival day").

If a room is occupied for the first time before 6:00 a.m., the preceding night counts as the first overnight stay.

The rented rooms must be vacated by the contracting party by 11:00 a.m. on the day of departure. The innkeeper is entitled to charge for an additional day if the rented rooms are not vacated on time.

1. Withdrawal by the Innkeeper

If the accommodation contract provides for a deposit and the deposit has not been paid by the contracting party in due time, the innkeeper can withdraw from the accommodation contract without a grace period.

If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to accommodate, unless a later arrival time has been agreed.

If the contracting party has paid a deposit, the premises will remain reserved until 12:00 p.m. on the day following the agreed arrival day at the latest. For prepayments of more than four days, the obligation to provide accommodation ends from 6:00 p.m. on the fourth day, with the arrival day being counted as the first day, unless the guest announces a later arrival day.

The accommodation contract can be dissolved by the innkeeper by unilateral declaration up to 3 months before the agreed arrival day of the contracting party, for objectively justified reasons, unless otherwise agreed.

2. Withdrawal by the Contracting Party

a) Individually agreed arrangements made on an individual contract basis, which take precedence over these GTC in case of a deviation, can be found in the hotel's booking or reservation confirmation.

b) Separate cancellation conditions for events, group travel & MICE apply to events and group travel of 10 rooms or more or 15 persons or more. These can be found in the event or group confirmation.

c) Cancellation conditions and No-Show for Individual Travelers (Reservations up to 9 rooms or 14 persons)

Cancellations must always be submitted to the hotel in writing. Cancellations must be confirmed in writing by the hotel. The following cancellation fees apply:

Free of charge up to 22 days before arrival

From 21 days before arrival 90% of the booking sum

In case of non-arrival or no-show 100% of the booking sum

In the winter months, we charge a deposit of 30% of the total sum. The deposit is due after the expiry of the free cancellation period.

The cancellation fee will be charged to the contracting party immediately after the cancellation has occurred and is due for immediate payment. If the contracting party provides (discloses) credit card details, the hotel is entitled to charge the credit card with any incurred cancellation fee. A deposit already paid can be credited by the hotel against any incurred cancellation fee.

d) Rooms with special price

Rooms booked at non-refundable rates, special prices, deals or %-promotions are at no time cancellable or rebookable free of charge or against payment of a cancellation fee and will in any case be charged at 100% of the special price. This can also be debited by the hotel from a credit card provided as security, and a deposit can be credited against the special price.

If the contracting party cannot appear at the accommodation on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

The obligation to pay for the booked stay resumes from the possibility of arrival if arrival becomes possible again within three days.

The innkeeper can provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

A factual justification is given, for example, if the room (rooms) has (have) become unusable, already accommodated guests extend their stay, an overbooking occurs, or other important operational measures necessitate this step.

Any additional expenses for the alternative accommodation shall be borne by the innkeeper.

By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any applicable hotel and/or guest guidelines (house rules).

The contractual partner is obliged to pay the agreed remuneration plus any additional amounts arising from separate service utilization by him and/or the guests accompanying him, plus statutory value-added tax, at the latest by the time of departure.

The innkeeper is not obliged to accept foreign currency. If the innkeeper accepts foreign currency, it will be accepted at the daily rate as far as practicable. Should the innkeeper accept foreign currency or cashless payment methods, the contractual partner shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.

The contractual partner is liable to the innkeeper for any damage caused by him or the guest or other persons who receive services from the innkeeper with the knowledge or consent of the contractual partner.

1. If the contractual partner refuses to pay the agreed remuneration or is in arrears with it, the innkeeper has the statutory right of retention according to § 970c ABGB and the statutory lien according to §1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien also serves to secure the innkeeper's claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contractual partner, and for any claims for compensation of any kind.

2. If service is requested in the contractual partner's room or at unusual times of the day, the innkeeper is entitled to demand a special fee for it. The innkeeper may also refuse these services for operational reasons.

3. The innkeeper has the right to settle accounts or make interim settlements of his service at any time.

The innkeeper is obliged to provide the agreed services to an extent corresponding to his standard.

Special services provided by the innkeeper subject to pricing, which are not included in the accommodation fee, are for example: Special accommodation services that can be billed separately.

The innkeeper is liable according to §§ 970 ff ABGB for the items brought in by the contractual partner. The innkeeper's liability is only given if the items have been handed over to the innkeeper or to persons authorized by the innkeeper. If the innkeeper fails to provide proof, the innkeeper is liable for his own fault or the fault of his staff as well as persons entering and leaving. The innkeeper is liable according to § 970 Abs 1 ABGB at most up to the amount stipulated in the Federal Act of 16 Nov. 1921 on the liability of innkeepers and other entrepreneurs in its currently valid version. If the contractual partner or guest does not immediately comply with the innkeeper's request to deposit his belongings in a special storage location, the innkeeper is released from all liability. The amount of any liability of the innkeeper is limited to the maximum liability insurance sum of the innkeeper. Any fault on the part of the contractual partner or guest must be taken into account.

The innkeeper's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will under no circumstances be compensated.

For valuables, money, and securities, the innkeeper is liable only up to the amount of currently € 550,-. The innkeeper is liable for damage exceeding this amount only if he has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by himself or one of his staff. The limitation of liability according to paragraphs 1.) and 2.) applies mutatis mutandis.

The innkeeper may refuse to keep valuables, money, and securities if they are significantly more valuable than items guests of the accommodation establishment usually entrust for safekeeping.

In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not immediately report the damage incurred to the innkeeper upon becoming aware of it. Furthermore, these claims must be asserted in court within three years from the knowledge or possible knowledge by the contractual partner or guest; otherwise, the right is forfeited.

If the contractual partner is a consumer, the innkeeper's liability for slight negligence, with the exception of personal injury, is excluded.

If the contractual partner is an entrepreneur, the innkeeper's liability for slight and gross negligence is excluded. In this case, the contractual partner bears 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 is in any case limited to the amount of the reliance interest.

Animals may only be brought into the accommodation establishment with prior consent of the innkeeper and possibly for a special fee.

The contractual partner who brings an animal is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.

The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request by the innkeeper.

The contractual partner or their insurer is jointly and severally liable to the innkeeper for the damage caused by brought-in animals. The damage specifically includes those compensation payments that the innkeeper has to provide to third parties.

Animals are not permitted in the lounges, common rooms, restaurant areas, and wellness areas.

The contracting party has no right to have their stay extended. If the contracting party announces their wish to extend the stay in good time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

If the contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the low season.

If the accommodation contract was concluded for a specific period, it ends when that period expires.

If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they saved as a result of the non-use of their services or what they received through other rental of the ordered rooms. A saving only exists if the accommodation establishment is fully occupied at the time the rooms ordered by the guest are not used, and a room can be rented to other guests due to the contracting party's cancellation. The burden of proof for the saving rests with the contracting party.

The death of a guest terminates the contract with the accommodation provider.

If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day before the intended end of the contract.

The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, particularly if the contracting party or the guest

  • makes significantly detrimental use of the premises or, through their reckless, offensive or otherwise grossly improper conduct, makes cohabitation unbearable for the other guests, the owning company, its staff, or third parties living in the accommodation establishment, or commits a punishable act against property, morality or physical safety against these persons;

  • is afflicted with an infectious disease or a disease that extends beyond the duration of the accommodation, or otherwise becomes in need of care;

  • fails to pay the submitted invoices when due within a reasonably set period (3 days).

If the performance of the contract becomes impossible due to an event to be considered as force majeure (e.g. natural disasters, strike, lockout, official order, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided the contract is not already considered terminated by law, or the accommodation provider is released from their accommodation obligation. Any claims of the contracting party for damages etc. are excluded.

If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange 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 extent of these care measures ends at the time the guest can make decisions or the relatives have been informed of the illness.

The accommodation provider has claims for compensation against the contracting party and the guest, or in the event of death, against their legal successors, in particular for the following costs:

  • outstanding medical costs, costs for patient transport, medication and medical aids;

  • necessary room disinfection;

  • laundry, bed linen and bedding that has become unusable, or alternatively for the disinfection or thorough cleaning of all these items;

  • restoration of walls, furnishings, carpets, etc., insofar as these were contaminated or damaged in connection with the illness or death;

  • room rent, insofar as the premises were used by the guest, plus any days of unavailability of the rooms due to disinfection, clearing out or similar;

  • any other damages incurred by the accommodation provider.

The accommodation provider offers its guests a comprehensive range of sports and leisure activities during their stay. For all activities shown, the accommodation provider expressly declares that these are carried out under professional guidance and with the highest possible level of safety. Nevertheless, participation in sports activities, even with due care, involves dangers and risks that cannot be completely excluded. Every participant is aware of this. The responsibility for assessing personal performance, health risks and experience lies with each participant and is at their own risk. Therefore, for all activities offered by the accommodation provider, the following applies:

1. Disclaimer for the accommodation provider as an intermediary of sports offers

The accommodation provider is only responsible for the careful selection of the respective organizer or service provider, as well as the faultless procurement/mediation of services for the participant. The accommodation provider is therefore not liable for the flawless provision of the services mediated or procured by them. The accommodation provider undertakes to inform the participants of the company name and address of the organizer with the booking confirmation, provided that this information does not already result from the brochure or other advertising material underlying the booking.

2. Disclaimer for the accommodation provider as an organizer of road bike and mountain bike tours

The accommodation provider as the organizer of mountain bike tours expressly declares that not all offered bike tours can be taken from the published tour offer of the region. The usual rules of conduct for mountain biking and road cycling must be observed by each participant on their own responsibility! Every participant has a different technical ability and a different training level. Participants must therefore choose the respective routes according to their fitness and experience in the mountains. Weather conditions must also be taken into account. Paths can change within a very short time due to weather and other influences and can thus become impassable in some cases.

The accommodation provider expressly points out that the nature of the cycling routes, especially with regard to ground conditions, the difficulty level of the routes, etc., is subject to constant change due to uncontrollable external circumstances such as weather influences. Cycling on the described routes and staying in the mountains entail dangers and risks that cannot be completely excluded, even with due care. Every participant must be aware of this. The responsibility for selecting the route, assessing personal performance and experience, and finding the route in the terrain lies with each participant. Communication (mobile phones) is limited or not possible at all during some training sessions and tours, and in the event of an accident, rescue and/or appropriate medical care may be delayed or not available at all. Due to the special demands placed on bicycles when used in open terrain, there is an increased risk of damage or severe wear and tear. For the reasons mentioned, the accommodation provider assumes no liability for property damage or financial losses caused by slight negligence, whether through actions or omissions by the accommodation provider itself or by persons attributable to it. Furthermore, the accommodation provider's liability for personal injury caused by slight negligence is excluded for persons who are not consumers.

3. Disclaimer of liability for the accommodation provider as organizer of ski / alpine ski / freeride / mountain tours

The accommodation provider as organizer of sporting activities in the mountains expressly declares that not all offered activities in the mountains can be found in the published tour offerings of the region. The accommodation provider expressly points out that the events, especially with regard to weather influences in the mountains, the personal constitution of participants, ground conditions, the difficulty level of the routes, etc., are subject to constant change due to uncontrollable external circumstances such as weather influences. Staying in the mountains entails dangers and risks that cannot be completely excluded, even with due care. Every participant is aware of this. The responsibility for selecting the route, assessing personal performance and experience, and finding the route in the terrain lies with each participant. Communication (mobile phones) is limited or not possible at all during some activities in the mountains, and in the event of an accident, rescue and/or appropriate medical care may be delayed or not available at all. For the reasons mentioned, the accommodation provider assumes no liability for property damage or financial losses caused by slight negligence, whether through actions or omissions by the accommodation provider itself or by persons attributable to it. Furthermore, the accommodation provider's liability for personal injury caused by slight negligence is excluded for persons who are not consumers.

4. Disclaimer of liability for the accommodation provider as organizer of other sports offerings

The accommodation provider assumes no liability for property damage or financial losses caused by slight negligence, whether through actions or omissions by the accommodation provider itself or by persons attributable to it. Furthermore, the accommodation provider's liability for personal injury caused by slight negligence is excluded for persons who are not consumers.

The place of performance is the location where the accommodation facility is situated.

This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and Rome Convention) as well as UN sales law.

In bilateral business transactions, the exclusive place of jurisdiction is the domicile of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other locally and materially competent court.

If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, legal actions against the consumer can only be brought at the consumer's domicile, habitual residence, or place of employment.

If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court with local and material jurisdiction for the consumer's domicile for legal actions against the consumer shall have exclusive jurisdiction.

Unless the provisions specify otherwise, the running of a period begins with the delivery of the document stipulating the period to the contracting party who must observe the period. When calculating a period determined by days, the day on which the time or event falls, after which the period is to begin, is not included. Periods determined by weeks or months 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 reached the respective other contracting party on the last day of the period (24:00).

The accommodation provider is entitled to offset its own claims against claims of the contracting party. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent, or the contracting party's claim has been legally established, or it has been acknowledged by the accommodation provider.

In the event of regulatory gaps, the corresponding legal provisions apply.