General Terms and Conditions (GTC)
Section 1 – Scope of Application
(1) These General Terms and Conditions (GTC) apply to the rental of the vacation home „Ferienhaus Eichenseer“, Gallzein 34a, 6222 Gallzein, Austria, to private guests for the purpose of short-term tourist accommodation.
(2) These GTC apply to bookings made via the property's own website, via direct inquiry, or through any other direct channel between the guest and the host.
(3) If a booking is made via an online intermediary platform, the terms of use and business conditions of that respective platform may additionally apply. However, the accommodation contract regarding the property is concluded exclusively between the guest and the host.
Section 2 – Contracting Parties and Subject Matter
(1) The contracting parties are the respective guest and the operator of the vacation home „Ferienhaus Eichenseer“ as a sole proprietorship (hereinafter referred to as the „Host“).
(2) The subject matter of the contract is the temporary rental of the vacation home for tourist purposes. Commercial use, use for events, parties, or any other non-agreed purposes is strictly prohibited.
Section 3 – Booking, Conclusion of Contract, and Statutory Right of Withdrawal
(1) The presentation of the accommodation on the website or in other media does not constitute a binding contractual offer. By submitting a booking inquiry, the guest makes a binding offer to conclude an accommodation contract. The contract is only concluded upon the written booking confirmation (via email or other text form) by the Host.
(2) The guest is obliged to check the details in the booking confirmation immediately and to report any discrepancies as soon as possible.
(3) Information on the consumer's right of withdrawal: Since the Host's service involves accommodation for a specific date or period, there is no statutory right of withdrawal or revocation for distance contracts (e.g., bookings via website or email) according to Section 18 (1) No. 10 FAGG (Austrian Distance and Off-Premises Transactions Act). For cancellations, only the conditions regulated in Section 10 apply.
Section 4 – Prices, Payments, Local Tourist Tax, and Default of Payment
(1) The prices agreed upon at the time of booking shall apply. Unless otherwise agreed, payments can be made by bank transfer or credit card.
(2) To secure the booking, a down payment of 30% of the total price must be paid within 7 days after receipt of the booking confirmation. The remaining balance is due no later than 14 days before arrival. For short-notice bookings (less than 14 days before arrival), the total amount becomes due immediately.
(3) Local Tourist Tax: The statutory Tyrolean local tourist tax (Ortstaxe) is not included in the agreed accommodation price. It is calculated separately per person (from the legally applicable age) and night. The local tourist tax is collected digitally prior to arrival via a separate payment link (Stripe).
(4) If the guest defaults on a due payment, the Host may set a reasonable grace period for the guest of at least 7 days (or correspondingly shorter for short-notice bookings, but at least 48 hours). If this period expires without payment, the Host is entitled to withdraw from the contract and claim cancellation fees in accordance with Section 10.
Section 5 – Security Deposit
No security deposit is currently charged for renting the vacation home. The guest's obligation to compensate for damages culpably caused remains unaffected by this.
Section 6 – Arrival, Departure, and Contactless Access
(1) Check-in is possible from 3:00 PM onwards on the day of arrival. Check-out must take place by 10:00 AM at the latest on the day of departure.
(2) Access to the accommodation is provided via a contactless check-in system using a personal PIN code or a comparable digital access solution. The access data will be sent to the guest after full payment (including the local tourist tax) has been received and the registration data (Section 14) has been successfully submitted.
(3) Access data must be kept confidential and must not be passed on to unauthorized third parties.
(4) An earlier arrival or later departure is only possible with the prior written consent of the Host and may be invoiced separately if applicable.
Section 7 – Use of the Accommodation, Maximum Occupancy, and House Rules
(1) The vacation home may only be used by the persons specified in the booking. The maximum occupancy is 9 persons. Additional overnight guests require the prior explicit consent of the Host.
(2) The currently valid house rules are an integral part of the accommodation contract and are accepted upon completion of the booking. The guest undertakes to treat the accommodation, its inventory, and the outdoor areas with care.
(3) The guest must show consideration for neighbors and other persons in the vicinity.
Section 8 – Pets and Smoking
(1) Pets are not permitted in the vacation home.
(2) The vacation home is a strictly non-smoking property. Smoking (including e-cigarettes and shishas) is strictly prohibited inside the entire building and is only permitted in the designated outdoor area on the terrace. Cigarette butts must be disposed of properly and safely in the containers provided.
Section 9 – Obligations and Liability of the Guest
(1) The guest undertakes to handle the accommodation and its equipment with care. Damages, defects, or malfunctions must be reported to the Host immediately.
(2) The guest is liable for damages caused by themselves, their fellow travelers, or visitors, provided they or their visitors are responsible for the damage.
(3) When leaving the accommodation (even for short periods), windows and doors must be properly closed to prevent storm damage and theft, and general access security must be maintained. (4) The applicable quiet hours according to the house rules (especially night quiet hours) must be strictly observed.
Section 10 – Withdrawal and Cancellation Conditions of the Guest
(1) The guest can withdraw from the contract at any time before the start of the trip. For reasons of proof, the withdrawal should be made in text form (e.g., via email).
(2) In the event of a withdrawal by the guest, the Host is entitled to the following flat-rate cancellation fees:
- Up to 30 days before arrival: free cancellation
- From 29 to 14 days before arrival: 30% of the total price
- From 13 to 7 days before arrival: 50% of the total price
- From 6 days before arrival until the day of arrival or in case of a non-arrival („No Show“): 100% of the agreed total price.
(3) The guest reserves the right to prove that the Host suffered no damage or a significantly lower damage.
(4) Taking out travel cancellation insurance is highly recommended.
Section 11 – Withdrawal and Termination by the Host
(1) The Host may withdraw from the contract prior to arrival if force majeure, official orders, or other unpredictable circumstances arise that are beyond the Host's control and render the fulfillment of the contract impossible. In this case, payments already made will be fully refunded; further claims by the guest are excluded.
(2) The Host may terminate the contract extraordinarily after an unsuccessful warning with a reasonable deadline (or without notice in the event of imminent danger or particularly severe violations) and demand immediate evacuation if the guest significantly violates these GTC or the house rules. This applies in particular to:
- significant and persistent disruption of the domestic peace or the neighborhood,
- unauthorized over-occupancy (more than the booked persons or more than 9 persons),
- holding unauthorized parties, celebrations, or events,
- use of the accommodation contrary to the contract or for commercial purposes. In this case, the Host retains the claim to the full rental price.
Section 12 – Liability of the Host
(1) The Host is liable within the scope of statutory provisions for damages to life, body, and health resulting from a culpable breach of duty.
(2) For other damages (in particular property and financial damages), the Host is only liable in cases of intent or gross negligence. Liability for slight negligence is excluded – as far as legally permissible; this does not apply to the breach of primary contractual obligations (cardinal obligations).
(3) Statutory innkeeper's liability for brought-in property (Sections 970 et seq. ABGB) remains unaffected within the legally prescribed scope. However, the Host assumes no liability for the loss, theft, or damage of objects, vehicles, or valuables parked on the property or left in the house, unless the Host is guilty of grossly negligent or intentional conduct.
(4) The use of the facilities provided (such as the garden, the terrace, or the barbecue grill) must be carried out properly and in accordance with the specifications of the house rules.
Section 13 – Internet Use (Wi-Fi)
(1) The Host provides the guest with internet access via Wi-Fi free of charge within the scope of technical possibilities. A claim to uninterrupted availability or a specific transmission speed does not exist.
(2) The guest undertakes not to use the internet access for illegal purposes. In particular, downloading, sharing, or distributing copyrighted content (e.g., filesharing, illegal streaming) as well as accessing prohibited content is forbidden.
(3) The guest fully indemnifies and holds the Host harmless from all damages and claims of third parties (including the costs of legal defense) based on an illegal use of the Wi-Fi by the guest, their fellow travelers, or their visitors.
Section 14 – Statutory Registration Obligation (Guest Registration Form)
(1) According to the Austrian Registration Act (Meldegesetz), the Host is obliged to register every guest and their fellow travelers with the authorities.
(2) Since check-in is contactless, the guest undertakes to provide the Host with all data required for the statutory guest registration form (full names, dates of birth, home addresses, and nationalities of all arriving persons, as well as passport/ID details of the primary booker) in due time prior to arrival via the digital system provided by the Host. Without this data, the digital access codes for the vacation home cannot be activated.
Section 15 – Data Protection
Personal data will be processed exclusively within the framework of the statutory data protection provisions (GDPR, DSG). Further information on the processing of personal data can be found in the separate privacy policy on the website.
Section 16 – Final Provisions
(1) The law of the Republic of Austria shall apply, excluding those conflict-of-law rules that would lead to the application of foreign law. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) The contract language is German. In the event of translations of these GTC into other languages, the German version shall always be authoritative in case of doubt.
(3) If the guest is an entrepreneur, Schwaz, Tyrol, is agreed as the exclusive place of jurisdiction. For lawsuits against consumers, this place of jurisdiction only applies if they have their residence, habitual abode, or place of employment in the district of the District Court of Schwaz.
(4) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the corresponding statutory regulation.
(5) Changes or amendments to these GTC require text form (e.g., via email) to be effective.

