General Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to contracts (“Accommodation Agreement”) concerning services provided by TRIFORÊT Alpinresort GmbH, FN 581050k (“TRIFORÊT”) to hotel guests and other contracting parties (“Guest”). The services include, in particular, accommodation, the rental of premises such as hotel rooms, apartments, or lodges (“Rooms”), as well as all other services provided to the guest in this context at the hotel.
2. Conclusion of Contract, Reservation
2.1. The Accommodation Agreement is concluded by mutual declaration of intent between the Guest and TRIFORÊT. A reservation made by the Guest only becomes effective upon confirmation and acceptance (booking confirmation) by TRIFORÊT.
2.2. Offers made by TRIFORÊT for the conclusion of an Accommodation Agreement are non-binding and subject to change until a booking confirmation has been received by the Guest.
2.3. TRIFORÊT is entitled to conclude the Accommodation Agreement subject to the Guest making a down payment (see also Section 3.5). In this case, TRIFORÊT is obliged to inform the Guest of the required down payment before accepting the booking.
2.4. Bookings and reservations may only be made by persons with unrestricted legal capacity.
2.5. The Guest has no entitlement to the provision of a specific room or to the fulfillment of special requests that go beyond the provision of a room in the booked category or with the agreed equipment.
3. Services, Prices, Down Payment, Payment
3.1. TRIFORÊT is obliged to make the rooms booked by the Guest available and to provide the agreed services.
3.2. The Guest is obliged to pay the agreed or applicable prices of TRIFORÊT for the provision of the room and the other services booked or used by them. This also applies to services ordered by the Guest directly or via TRIFORÊT that are provided by third parties and advanced by the hotel.
3.3. The offered or agreed prices include the taxes and local charges applicable at the time of contract conclusion, unless prices excluding VAT have been expressly agreed. Not included are local charges that, according to municipal law, must be borne by the Guest. In the event of changes to VAT or the introduction or amendment of local charges relating to the object of service after contract conclusion, the prices will be adjusted accordingly.
3.4. Unless otherwise agreed, the price – less any down payments already made in accordance with Section 3.5 – is due for payment in advance upon arrival, before room handover and/or provision of other services by TRIFORÊT. In the event of late payment, TRIFORÊT is entitled to withdraw from the Accommodation Agreement (see Section 5.1).
3.5. TRIFORÊT is entitled, upon conclusion of the contract/reservation, to demand a reasonable down payment on the accommodation costs up to the amount of the expected total invoice amount or an appropriate security in the form of a credit card deposit. The amount of the down payment and the payment dates may be agreed in the Accommodation Agreement. The down payment constitutes a partial payment of the agreed price.
3.6. TRIFORÊT is also entitled, at the beginning and during the stay, to demand a reasonable advance payment or security deposit from the Guest for existing or future claims arising from the Accommodation Agreement.
3.7. Refunds are generally made via the original method of payment. In exceptional cases, a refund in cash on site or via bank transfer to the Guest’s account is possible.
3.8. If the Guest departs early, TRIFORÊT is entitled to charge the full agreed fee. TRIFORÊT will deduct what it has saved as a result of the non-utilization of its services or what it has obtained through alternative rental of the reserved rooms. A saving is deemed to exist only if TRIFORÊT is fully booked at the time of the Guest’s cancellation and the rooms can be re-let due to the cancellation.
3.9. The Guest may only assert rights of set-off and retention if the underlying counterclaims are undisputed or have been legally established.
4. Arrival and Departure
4.1. TRIFORÊT shall provide the Guest with the room in the agreed category or with the agreed equipment on the day of arrival no later than 4:00 p.m. The Guest has no entitlement to earlier provision of the room.
4.2. On the day of departure, the Guest must vacate and return the room undamaged by no later than 10:00 a.m. TRIFORÊT is entitled to charge an additional day if the rooms are not vacated and returned undamaged on time.
5. Withdrawal from the Contract by TRIFORÊT
5.1. If the Accommodation Agreement provides for a down payment (see Section 3.5) and the Guest has not paid it on time, TRIFORÊT may withdraw from the Accommodation Agreement without granting an additional period of grace.
5.2. If the Guest does not appear by 6:00 p.m. on the agreed arrival date, there is no obligation to accommodate them, unless a later arrival time has been agreed.
5.3. However, if the Guest has made a down payment (see Section 3.5), the booked room will remain reserved until 10:00 a.m. of the day following the agreed arrival date.
6. Cancellation, Non-Utilization of the Room
In the event of withdrawal, the claim of Alpin Family GmbH and its subsidiaries to payment of the agreed price of the stay, including charges for additional services, shall in principle remain in force in accordance with the following provisions:
The Guest shall pay the following amounts, in each case based on the total price of the accommodation services (including all additional charges), but excluding any public charges such as tourist tax: Cancellation and withdrawal up to 14 days before arrival date:
0% of the costs Cancellation and withdrawal from 13-0 days before arrival day:
100% of the costs
later cancellation and withdrawal or non-arrival or in case of failure to notify
100% of the costs except when booking the Non Refundable Rate 100% must be paid immediately.
This amount is no longer refundable!
Alpin Family GmbH and its subsidiaries are entitled to debit these amounts from the guest's credit card in the event of payment by credit card.
(The deadline is understood to be from the date of receipt of the cancellation or withdrawal declaration by Alpin Family GmbH and its subsidiaries, must be in writing and is binding. Until the start of the stay, the guest may request that a third party take over the rights and obligations arising from his or her rental contract (substitute tenant). Alpin Family GmbH and its subsidiaries are entitled to object to the entry of the third party if his participation conflicts with special tenant requirements, legal regulations or official orders. If a third party enters into the contract, the guest and the third party shall be jointly and severally liable for the rental price and any additional costs incurred due to the entry of the third party. In the event of cancellation and withdrawal by the guest, Alpin Family GmbH and its subsidiaries shall endeavour to find another use for the accommodation within the scope of their ordinary business operations without any obligation to make special efforts and taking into account the special character of an accommodation.
Alpin Family GmbH and its subsidiaries shall take into account alternative occupancy and, insofar as this is not possible, saved expenses. Notwithstanding this, it shall be entitled to alternatively withdraw from the contract and assert claims for damages instead of the claim to the rental price. In the event that Alpin Family GmbH and its subsidiaries withdraw from the contract before the start of the stay for reasons of unforeseeable force majeure, the guest shall have the right to choose to withdraw from the contract free of charge and with reimbursement of payments already made or to demand the provision of an equivalent rental property if Alpin Family GmbH and its subsidiaries are in a position to offer such a property from their range at no extra cost.
7. Terms of Use
7.1. The maximum occupancy for the respective room category may not be exceeded. Children and infants are counted as adults.
7.2. Resale, subletting, or reallocation of booked rooms, in particular via platforms such as “Airbnb,” is prohibited unless expressly agreed otherwise in writing between the Guest and TRIFORÊT.
7.3. The consumption of tobacco products (in particular cigarettes, cigars, pipes, and shishas) as well as tobacco or smoking substitutes (in particular e-cigarettes) in the hotel rooms is prohibited.
7.4. The current house rules also form part of the Accommodation Agreement. The house rules can be downloaded from the website www.triforet.at/en/ or requested from TRIFORÊT.
8. Liability of TRIFORÊT, Duty of the Guest to Notify
8.1. TRIFORÊT is liable without limitation for damages attributable to TRIFORÊT arising from injury to life, body, or health, as well as for property and financial damages caused by TRIFORÊT intentionally or through gross negligence.
8.2. For damages caused by slight negligence resulting in injury to life, body, or health, TRIFORÊT is liable in accordance with statutory provisions (cf. §§ 1295 to 1341 ABGB). Liability for damages to property and financial losses caused by slight negligence is excluded.
8.3. Further claims for damages are excluded, unless otherwise regulated in this Section 8. Data protection-related claims are not covered by this limitation of liability.
8.4. If disruptions or defects occur in the services provided by TRIFORÊT, the Guest must notify TRIFORÊT or the hotel staff on site without delay. TRIFORÊT will endeavour to provide a remedy upon becoming aware of such disruptions or upon immediate complaint by the Guest. The Guest is obliged to contribute to remedying the disruption and to keeping any potential damage to a minimum, insofar as is reasonable.
8.5. TRIFORÊT is liable for items brought in by the Guest in accordance with statutory provisions (cf. §§ 970 to 970c ABGB). Liability on the part of TRIFORÊT only exists if the items are handed over to TRIFORÊT or its authorized representatives, or brought to a location designated or instructed by them. If the Guest fails to promptly follow TRIFORÊT’s request to store items in a particular place, TRIFORÊT is released from all liability.
8.6. In the event of theft or damage to the Guest’s property, as well as in the event of fire, water damage, or any other damage in the room, the Guest must immediately inform TRIFORÊT or the hotel staff.
9. Pets
Pets are warmly welcome at TRIFORÊT. Bringing a pet must be notified to TRIFORÊT in advance. Further information can be found in our FAQs.
10. Termination of the Accommodation Agreement
10.1. TRIFORÊT is entitled to terminate the Accommodation Agreement if the Guest does not make a payment or security deposit owed by them on time or in full.
10.2. TRIFORÊT is entitled to terminate the Accommodation Agreement and possibly claim damages if:
a) Force majeure or other circumstances not attributable to TRIFORÊT make fulfillment of the Accommodation Agreement impossible,
b) Rooms are booked culpably or due to misleading or false statements or concealment of essential facts,
c) TRIFORÊT has reasonable grounds to assume that the fulfillment of the Accommodation Agreement may endanger the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the control or organizational responsibility of TRIFORÊT,
d) The Guest, during their stay, is under the influence of illegal substances, uses the room for commercial activity involving customer traffic, or uses the room for prostitution, or if the purpose and/or reason for the stay is illegal,
e) The Guest repeatedly insults, disturbs, or otherwise harasses hotel staff or other hotel guests despite being warned,
f) The Guest unlawfully re-lets or sublets the room (see Section 7.2).
10.3. In the case of Section 10.2.a), the Guest is not obliged to pay the accommodation price. Force majeure within the meaning of Section 10.2.a) includes all external, extraordinary events that, according to human experience and knowledge, are unforeseeable and unavoidable, cannot be prevented or rendered harmless with economically reasonable means even with utmost diligence, and are not to be accepted due to their frequency. These include war, civil war, conditions similar to war, terrorist attacks, internal unrest, riots, strikes, epidemics, pandemics, fire, floods, storm surges, avalanche danger, impassability of the toll road from Hinterstoder to the hotel, or other natural disasters of catastrophic magnitude, earthquakes, and comparable events.
10.4. With regard to Sections 10.1 and 10.2.b) to 10.2.f), the Guest is obliged to pay the total price for all booked overnight stays, less a flat rate of 10% for saved expenses; TRIFORÊT is free to re-let the room in such cases.
11. Data Protection
11.1. If the Guest books a room directly with TRIFORÊT or via a third-party provider (e.g. a hotel booking portal), TRIFORÊT processes the Guest’s personal data for the execution of the Accommodation Agreement, including the organization of the hotel stay and payment processing (in particular also for tracking the use of TRIFORÊT’s services, for check-in, and for organizing room access), in compliance with the provisions of the EU General Data Protection Regulation, the Data Protection Act, and all other applicable laws. The recipient of the personal data is TRIFORÊT, with whom the Accommodation Agreement for the respective room is concluded. Disclosure of data to third parties only occurs within the framework of legal requirements.
11.2. The controller for the processing of personal data (“data processing”) is the legal entity specified in the reservation process. Further information can be found by the Guest in the privacy notices available on TRIFORÊT’s website at www.triforet.at/en/ and during the booking process.
11.3. Minors may not transmit personal data to TRIFORÊT without the consent of their legal guardians. TRIFORÊT does not knowingly process personal data of minors in the context of the conclusion and execution of Accommodation Agreements.
12. General Provisions
12.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
12.2. Place of fulfillment and payment is the location of the accommodation facility.
12.3. Jurisdiction is determined as follows:
a) If the contract is concluded between an entrepreneur pursuant to § 1(1) KSchG and TRIFORÊT, the court locally and materially competent for TRIFORÊT’s registered office has exclusive jurisdiction.
b) If the contract is concluded between a consumer pursuant to § 1(1) KSchG and TRIFORÊT, the court locally and materially competent for the consumer’s residence has exclusive jurisdiction.
