General terms and conditions

PART A
Accommodation Intermediary Service Arlberg.com GmbH

 
1. Scope of application

The following general terms and conditions (AGB) apply to the use of the accommodation booking platform www.arlberg.com on which Accommodation Providers can offer their services online.
 

2. Definitions

“Arlberg.com GmbH” provides the accommodation booking platform www.arlberg.com and facilitates enquiries by Customers and offers by Accommodation Providers.

“Accommodation Provider” is a natural or legal person accommodating Customers for remuneration.

“Customer” is a natural person making use of an accommodation service. Usually, the Customer is also the contractual partner. Customers are also persons travelling with the contractual partner such as family members, partners, friends etc.…

“Accommodation Agreement” is the contract that is concluded between the Accommodation Provider and the Customer, the contents of which are specified below.
 

3. Contractual relationship between Arlberg.com GmbH and Customer

The accommodation booking platform www.arlberg.com and its online booking system enables Customers to book accommodations in the Arlberg region. Arlberg.com GmbH does not offer any travel services whatsoever. At the present time, the booking system is provided by Zadego GmbH, department Easybooking, FN 311496h at the Regional Commercial Court Innsbruck, Tschamlerstraße 4, A-6020 Innsbruck (Austria).
 

4. Contractual relationship between Accommodation Provider and Customer

On behalf of the Customer, Arlberg.com GmbH forwards an enquiry to the respective Accommodation Provider via its accommodation booking platform www.arlberg.com. The contract regarding the chosen service is valid between Customer and Accommodation Provider. While arranging for proper accommodation, Arlberg.com GmbH acts as a formal agent on behalf of the Customer. The contract is settled directly by the Accommodation Provider via a (written) confirmation (immediately appearing on the screen after the conclusion of the online booking process and also per email).
 

5. Booking an accommodation

The Customer can choose between two separate options to book an accommodation:

5.1. The Customer can send the Accommodation Provider an enquiry via the online platform www.arlberg.com. However, this process does not yet create a binding contractual relationship.

5.2. The Customer can directly enter a binding accommodation agreement with a respective Accommodation Provider via the online platform www.arlberg.com. The intermediary services by Arlberg.com GmbH are free of charge for the Customer. It is therefore forbidden to resell accommodation packages booked at www.arlberg.com at a higher price. In the event of a violation, Arlberg.com GmbH reserves the right to exclude Customers from its services. In such cases, the Accommodation Provider is also able to cancel bookings.
 

6. Payment

As soon as the contractual relationship between the Customer and the Accommodation Provider is entered, the following payment terms apply (unless stated otherwise in an individual agreement): After entering the necessary booking information into the system, the Customer is asked to pay the price as confirmed by the accommodation booking platform www.arlberg.com via online money transfer (credit card, Paypal or Sofort). All demands and liabilities arising out of the service contract, but especially demands and liabilities arising out of the Package Travel Law 2017 in its present version (PRG), exist directly and exclusively between Customer and Accommodation Provider. The Customer receives detailed information before the conclusion of the booking process as well as in the booking confirmation. Said booking confirmation appears on the screen and can be printed out immediately. It is also transmitted via email. Due to technical reasons Arlberg.com GmbH cannot verify the transmission of the confirmation via email. However, a possible non-receipt of the confirmation does not affect the validity of the booking itself.
 

7. Prices and rates

The price offers presented on the online intermediary platform www.arlberg.com are entered directly by the respective Accommodation Provider. This guarantees an accommodation agreement at the best possible, currently most inexpensive daily rate available for the chosen arrival date. Current last-minute, seasonal, weekend or other special offers are automatically taken into account. 

All rates are quoted per room and per night, some with and some without board. Weekend prices may vary. The Accommodation Providers are legally obliged to display the respective final price including taxes. Please note that the prices are all exclusively sourced from the Accommodation Providers. Taxes and dues, to be paid directly at the Accommodation Provider, are based upon local regulations.
 

8. Data and pictures provided by Accommodation Providers at www.arlberg.com

Specific classification data and all other information and pictures regarding the Accommodation Provider come from the Accommodation Providers themselves. Arlberg.com GmbH does not assume any liability for the correctness, completeness or quality of the information provided. The international accommodation rating system by “stars” does give non-binding evidence concerning the quality of the respective accommodation.
 

9. Start and End of the Accommodation

Unless the Accommodation Provider offers any other time of occupancy, the Customer shall be entitled to move into the rented rooms from 4.00pm on the agreed date (“date of arrival”).

If a room is occupied for the first time before 6.00am, the preceding night shall be deemed the first night of accommodation.

The rented rooms shall be vacated by the Customer by 12.00 noon on the date of departure. The Accommodation Provider shall be entitled to charge another day if the rented rooms are not vacated in time.
 

10. Rescission of the Accommodation Agreement by the Accommodation Provider

If the Customer fails to arrive by 6.00pm on the agreed date of arrival, the Accommodation Provider shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.

Unless otherwise agreed upon, the Accommodation Provider may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Customer.
 

11. Rescission of the Accommodation Agreement by the Customer – Cancellation Fees

The Customer may rescind the Accommodation Agreement by means of a unilateral declaration by 2 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee.

Outside the period specified above, the Customer may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

  • 40% of the total agreed price by 1 month before the date of arrival;
  • 70% of the total agreed price by 1 week before the date of arrival
  • 90% of the total agreed price within the last week preceding the date of arrival.

If a respective Accommodation Provider arranges for more customer-friendly cancellation requirements, the aforementioned cancellation fees are deemed of lower priority.
 

12. Prevention from arrival

If the Customer is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Customer shall not be obliged to pay the agreed remuneration for the date of arrival.

The obligation to pay the remuneration for the booked stay shall become valid again as soon as the arrival becomes possible again provided that it becomes possible within three days.
 

13. Applicability of the 2006 General Terms and Conditions for the Hotel Industry (AGBH)

If there are no further agreements made on the basis of the present terms and conditions or the individual contracts with the respective Accommodation Provider such as divergent payment or cancellation requirements, the 2006 General Terms and Conditions for the Hotel Industry (AGBH) can be applied to the contractual agreement between Customer and Accommodation Provider. These are specifically hyperlinked during the booking process and can always be consulted at “booking details”. In case of diverging terms and conditions, the present terms and conditions and in further consequence the 2006 General Terms and Conditions for the Hotel Industry are subsidiary to any individual agreement with the Accommodation Provider, if applicable.

 

PART B
Tourist Service Intermediary Service Arlberg.com GmbH


1. Scope of application

The following general terms and conditions (AGB) apply to the use of the tourist services booking platform www.arlberg.com where tourist-oriented enterprises offer their services such as ski courses etc.
 

2. Definitions

“Arlberg.com GmbH” provides the online intermediary platform www.arlberg.com and acts as an intermediary service facilitating enquiries and requests by Customers and offers by service providers.

“Service Provider” is a natural or legal person offering a tourist-oriented service for remuneration. 

“Customer” is a natural person making use of a tourist-oriented service. Usually, the Customer is also the contractual partner. Customers are also persons travelling with the contractual partner such as family members, partners, friends etc.…

“Service Agreement” is the contract that is concluded between the Service Provider and the Customer, the contents of which are specified below.
 

3. Contractual relationship between Arlberg.com GmbH and the Customer

The intermediary platform www.arlberg.com and its online booking system enables Customers to book tourist-oriented services from Service Providers in the Arlberg region. Arlberg.com GmbH does not offer any travel services whatsoever. At the present time, the booking system is provided by Zadego GmbH, department Easybooking, FN 311496h at the Regional Commercial Court Innsbruck, Tschamlerstraße 4, A-6020 Innsbruck (Austria).
 

4. Contractual relationship between Service Provider and Customer

On behalf of the Customer, Arlberg.com GmbH forwards an enquiry to the respective Accommodation Provider via the online booking platform www.arlberg.com. The contract regarding the chosen service is valid between Customer and Service Provider. While arranging for a proper service, Arlberg.com GmbH acts as a formal agent on behalf of the Customer. The contract is settled directly by the Service Provider via a (written) confirmation (immediately appearing on the screen after the conclusion of the online booking process and additionally per email).
 

5. Booking a service

The Customer can choose between two separate options to book a service:

5.1. The Customer can send the Service Provider an enquiry via the online platform www.arlberg.com. However, this process does not yet create a binding contractual relationship.

5.2. The Customer can directly enter a binding service agreement with a respective Service Provider via the online platform www.arlberg.com. The intermediary services by Arlberg.com GmbH are free of charge for the Customer. Resale of service packages booked at www.arlberg.com for a higher price is therefore not allowed. In the event of a violation, Arlberg.com GmbH reserves the right to exclude Customers from its services. In such cases, the Service Provider is also able to cancel bookings.
 

6. Payment

As soon as the contractual relationship between the Customer and the Service Provider is entered, the following payment terms apply (unless stated otherwise in an individual agreement): After entering the necessary booking information into the system, the Customer is asked to pay the price as confirmed by the service intermediary platform www.arlberg.com via online money transfer (credit card, Paypal or Sofort). All demands and liabilities arising out of the service contract, but especially demands and liabilities arising out of the Package Travel Law 2017 in its present version (PRG), exist directly and exclusively between Customer and Service Provider. The Customer receives detailed information before the conclusion of the booking process and also in the booking confirmation. Said booking confirmation appears on the screen and can be printed out immediately. It is also transmitted via email. Please note that due to technical reasons Arlberg.com GmbH cannot verify the transmission of the confirmation via email. However, a possible non-receipt of the confirmation does not affect the validity of the booking itself.
 

7. Prices and rates

The price offers shown on the online intermediary platform www.arlberg.com are entered directly by the respective Service Provider. This guarantees a service agreement at the best possible, currently most inexpensive daily rate available for the chosen arrival date. Current last-minute, seasonal, weekend or other special offer prices are automatically taken into account. The Service Providers are legally obliged to display the respective final price including taxes. However, the prices are sourced exclusively from the Service Providers. Taxes and dues, to be paid directly at the Service Provider, are based upon local regulations.
 

8. Data and pictures provided by Service Providers at www.arlberg.com

All information and pictures regarding the Service Provider come from the Service Providers themselves. Arlberg.com GmbH does not assume any liability for the correctness, completeness or quality of the information provided.
 

9. Rescission of the Accommodation Agreement by the Service Provider

If the Customer fails to arrive 10 minutes prior the agreed time, the Service Provider shall not be obliged to provide a service unless a later time has been agreed upon.

Unless otherwise agreed upon, the Service Provider may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 1 week before the agreed date of arrival of the Customer.

Acts of nature such as natural disasters etc. do not lie within the responsibility of the Service Provider. In such an event, the Customer is not able to demand the provision of a service from the Service Provider.
 

10. Rescission of the Accommodation Agreement by the Customer – Cancellation Fees

The Customer may rescind the Accommodation Agreement by means of a unilateral declaration by 2 weeks before the agreed date of the service without being liable to pay a cancellation fee.

Outside the period specified above, the Customer may only rescind the Service Agreement by means of a unilateral declaration subject to the following cancellation fees:

  • 40% of the total agreed price by 1 month before the date of service;
  • 70% of the total agreed price by 3 days before the date of service;
  • 90% of the total agreed price within the last day preceding the date of service.

If a respective Accommodation Provider offers more customer-friendly cancellation requirements, the aforementioned cancellation fees are deemed of lower priority.

 

PART C
Common provisions


1. Additional information in regards to events, the region, the weather etc. …

Arlberg.com GmbH does not assume any liability for information and data provided by Accommodation or Service Providers or other parties on the platform www.arlberg.com. Therefore, possible cancellations of events, courses etc. need to be communicated and clarified with the respective provider in advance. In such an event, the Arlberg.com GmbH cannot be held legally responsible.
 

2. Data protection

As operators of this site, we take the protection of any personal data very seriously. We treat such personal information confidential and will handle it in accordance with data protection legislation as well as with the terms of this statement. Arlberg.com GmbH, Zadego GmbH and the respective Accommodation or Service Providers electronically process the data entered by the Customer. The Customer is hereby informed that the entered data, in accordance with the General Data Protection Regulations, is only used in order to enable the booking. The data is going to be deleted after the statutory retention obligations have expired. These obligations can be found here: https://www.wko.at/service/wirtschaftsrecht-gewerberecht/eu-dsgvo-speicher-und-aufbewahrungsfristen.html

Every Customer reserves the right to gain access to processed data. Also, the Customer reserves the rights to rectification and erasure of processed data. Further, the Customer retains the rights to data portability and restriction of processing as well as a right to object to the processing of personal data. In some circumstances, an alleged violation of the data protection regulations can be reported to the Data Protection Authority. The complete data protection guidelines of Arlberg.com GmbH can be found here: https://www.arlberg.com/en/privacy-policy
 

3. Notifications by the Customer such as changes in booking

Notifications by the Customer such as changes in booking need to be communicated to the confirmed Accommodation or Service Provider directly and exclusively in written form. Although Arlberg.com GmbH forwards such notifications by the Customer after facilitating contact between Customer and Accommodation or Service Provider, it does not assume any further liability, neither in regards to the receipt of the notification nor to the content of the notification.
 

4. Liability

Arlberg.com GmbH does not assume any liability in regards to the provided accommodations or services. Said liabilities lie exclusively with the confirmed Accommodation or Service Provider. For damages resulting from culpable breach of the intermediary agreement, Arlberg.com GmbH assumes liability – with the exception of personal injury – only in the case of culpable negligence or intent.
 

5. Regulations in accordance with the Package Travel Law

If a Customer books at least 2 separate travel services via the online platform, this is considered a combination of travel services as defined by the EU Directive 2015/2302. In such an event, the Customer can claim all EU rights applicable to package travel. In addition to the respective Accommodation and Service Providers, Arlberg.com GmbH is co-responsible for the proper conduct of the entire package holiday and the tourist-oriented services.

In accordance with § 11 Abs. 2 PRG, the Customer is obliged to notify Arlberg.com GmbH immediately of every infringement of contract observed during the conduct of the package holiday.

The Customer may transfer the package travel contract to another person meeting all agreed contract criteria. For this purpose, the Customer needs to notify Arlberg.com GmbH within an appropriate period of time before the start of the package holiday on a durable data carrier. In this regard, a notification seven days before the start of the package holiday is deemed appropriate.

As joint debtors, the Customer transferring the package holiday contract and the person accepting the contract assume the liability to compensate the Arlberg.com for the outstanding amount of the service fee and the additional fees, charges and costs caused by aforementioned transfer. Arlberg.com GmbH communicates the effective transfer costs to the Customer transferring the contract. These costs must not be inappropriate and must not exceed the effective expenses of Arlberg.com GmbH resulting from the transfer of the package holiday contract.

The Customer transferring the contract shall receive a receipt declaring the additional fees, charges and costs resulting from the transfer of the package holiday contract.

You can find the EU Directive 2015/2302, in the form of national law, on the following website:
https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20009859&FassungVom=2018-07-01

 

St. Anton am Arlberg, 05.03.2019
Online Booking Platform Company (with limited liability)
Arlberg.com GmbH
FN 432040 at the Regional Commercial Court Innsbruck
Dorfstraße 24
A-6580 St. Anton am Arlberg (Austria)
Tel: +43 800 884448
Email: info@arlberg.com