General Terms and Conditions of HMS Hütten-Miet-Service GmbH

I.) General Provisions – Applicability of the General Terms and Conditions
HMS Hütten-Miet-Service GmbH (hereinafter referred to as “HMS”) enters into contracts subject to these General Terms and Conditions. These shall apply to the contractual relationship between the traveller and HMS Hütten-Miet-Service GmbH if they were provided to the traveller before the traveller became bound by a contractual declaration or if the traveller had the opportunity to review their contents. Furthermore, these General Terms and Conditions shall apply insofar as their provisions are not unlawful or contrary to applicable law. HMS rents out mountain huts, hut-style accommodation, chalets and holiday apartments, primarily for customary holiday periods. As a general rule, package holidays are not sold. Unless expressly agreed otherwise in an individual case, the conclusion of a contract therefore gives rise solely to a travel contract for accommodation/lodging. Consequently, the Austrian Package Travel Act and the Package Travel Directive – both of which require the combination of several travel services – shall not apply.

II.) Conclusion of the Travel Contract
HMS provides information on generally available travel destinations via the portal www.huetten.com. This information merely constitutes an invitation to submit an offer. A travel contract is concluded when HMS confirms to the interested party, or to the booking agent acting on their behalf, the offer to conclude a travel contract submitted by telephone, in writing or via the booking platform. Any person making a booking for themselves or for third parties, or having a booking made through a booking agent, shall be deemed to be the contracting party and, unless otherwise stated, shall assume the obligations arising from the booking vis-à-vis HMS. Booking agents act solely as intermediaries for the conclusion of a travel contract with HMS. A contract is only concluded upon confirmation of the booking by HMS. Booking agents are neither authorised nor instructed to make any assurances deviating from the catalogue/website or these Terms and Conditions, nor to enter into any other agreements directly with the traveller.

III.) Travel Price – Payment Terms – Vouchers – Security Deposit
1.) The total travel price payable by the traveller consists of the accommodation price plus individual ancillary costs and a processing fee of € 39.00 per booking for administrative expenses. The price stated on the website for the respective property represents exclusively the rental price for the property. In addition to the accommodation price, person-related, property-related and consumption-related costs may apply, which vary depending on the accommodation and the individual requirements of the traveller. These include, by way of example and without limitation, costs for cleaning the property, costs for pets, water and electricity costs, luggage transport, linen packages, breakfast service or costs associated with access to the property (toll roads). These costs are shown in the ancillary costs overview for the respective property. The total price payable by the traveller also depends on the individual arrangement of the travel services and may therefore differ from the examples shown on HMS’s websites. The prices stated on the booking platform are generally weekly prices up to the specified maximum number of persons. Where bookings by the day are also offered, the proportional daily price may differ from the weekly price. HMS shall charge only the accommodation price plus the processing fee for the respective property and the agreed travel period. Person-related, property-related or consumption-related costs listed in the ancillary costs overview shall be paid directly on site unless such costs are separately stated on the invoice. Any public charges, such as tourist taxes, shall generally be paid at the holiday destination unless they are included in the travel price and expressly stated as such.

2.) Immediately upon receipt of the booking confirmation and invoice, a deposit amounting to 20% of the stated travel price plus the stated processing fee shall become due for payment. The remaining balance shall be due no later than 30 days before arrival. The amount and the specific due dates of the respective payments shall be communicated to the traveller in detail in the booking confirmation/invoice. Payments shall be made by bank transfer to the bank account specified in the booking confirmation/invoice. The traveller may also choose another payment method offered by HMS.

3.)Valid vouchers can only be accepted and redeemed in connection with a new booking. Vouchers cannot be applied or credited to bookings that have already been made.
Unless a specific expiry date is stated, vouchers are generally valid for 30 years from the date of issue. Cash redemption of vouchers is not possible. In the event of a legitimately cancelled booking paid for using a voucher, any refund due shall be made in the form of a new voucher. No cash refunds shall be made.

4.) Upon taking possession of the property or receiving the key, the owner/property manager may collect a cash security deposit on site, provided that this is expressly stated in the ancillary costs overview for the respective rental property. This deposit may be used to settle person-related, property-related and consumption-related costs. Any remaining balance shall be refunded to the traveller without undue delay after the rental property has been returned. The repayment of a security deposit shall not affect any claims for damages by HMS and/or the owner/property manager. The security deposit and its administration are not part of the travel contract.

IV.) Services – Legal Status – Liability
1.) Property – Maximum Occupancy
The conclusion of the contract gives rise to an accommodation contract. The booked accommodation units may only be occupied by the number of persons stated in the property description (children under the age of three also count as full persons) or specified in the travel confirmation. Additional persons may be required to leave the property. The facilities and sleeping accommodation are likewise guaranteed only for the specified/booked number of persons. Images shown in the property description are merely examples of the interior furnishings or type of holiday property, which may vary according to the individual preferences of the owners. In all cases, furnishings of at least equivalent quality will be provided. Floor plans displayed online are approximate illustrations with regard to size, arrangement and number of rooms. They do not constitute detailed specifications of the property. Appropriate usability for up to the specified/booked maximum number of persons is, however, guaranteed. All information provided on the website constitutes a description of the characteristics of the property and does not constitute a guarantee unless expressly designated as such.

2.) Arrival and Departure
Unless otherwise stated in the booking confirmation, the rental property shall be available from 4:00 p.m. on the day of arrival and must be vacated by 9:00 a.m. on the day of departure. In the event of a late departure, HMS shall be entitled to charge for an additional day. Where local means of transport, such as cable cars or lifts, must be used to reach the property, the stated operating hours must be observed. Delays resulting from failure to observe such operating hours shall be the responsibility of the traveller. In the event of a delayed arrival, the local contact person must be informed immediately so that any necessary remedial measures can be taken. The traveller shall be liable for any additional costs associated with a delayed arrival or delayed handover of the rental property.

3.) Damage to and within the Rental Property
The traveller is entitled to use the entire rental property, including furniture and household items. Travellers undertake to treat the rental property, its inventory and any communal facilities with the utmost care. Travellers shall be obliged to compensate for any damage caused during the rental period through their own fault or the fault of accompanying persons or guests.

4.) Defects
Any defects in the rental property, including defects arising during the rental period, must be reported to HMS without undue delay. If immediate notification is not possible, notification must be made at the earliest possible opportunity. It is recommended that any damage or defects be appropriately documented by means of photographs.

5.) Basic Cleaning – Final Cleaning
Basic cleaning must be carried out by the traveller. This includes washing and putting away dishes, removing and separating all waste and empty containers, and sweeping all rooms so that the property can be handed over in a broom-clean condition, even where final cleaning is included in the travel service or must be paid for separately. If the basic cleaning is not properly carried out, the local property management shall be entitled to retain an appropriate amount from the security deposit as compensation for the additional work required. Final cleaning, which may be payable separately in accordance with the ancillary costs overview, shall be arranged by the owner/property manager and additionally includes, among other things, thorough cleaning of the kitchen/kitchenette, bathroom/shower and toilet.

6.) Liability of HMS
The liability of HMS extends to:
the careful selection of the respective rental property or service provider and the careful evaluation of experience gained;
the proper procurement of services, including the appropriate provision of information to the traveller and delivery of travel documents; the demonstrable forwarding of notices, declarations of intent and payments between the customer and the mediated company and vice versa. HMS shall not be liable for defects relating to services that are merely arranged as third-party or additional services and are identified accordingly on the website. Liability for such services rests with the respective service provider. HMS shall furthermore not be liable for services agreed directly between the traveller and the  owner/property manager of the rental property. If HMS breaches its obligations arising from the contractual relationship, HMS shall be obliged to compensate the traveller for the resulting damage unless HMS can demonstrate that it acted neither intentionally nor with gross negligence. If the traveller (contracting party) is a consumer, HMS’s liability for slight negligence shall be excluded, except in the case of personal injury. In the case of contractual breaches resulting from minor fault, HMS shall only be liable to compensate the traveller for damage up to the amount of the travel price paid. The traveller shall be entitled to prove that greater damage has occurred. If the traveller is an entrepreneur, HMS’s liability for slight and gross negligence shall be excluded. In such cases, the traveller bears the burden of proving fault. Consequential damages, non-material damages, indirect damages and loss of profit shall not be compensated. In all cases, compensation shall be limited to the reliance interest. Any statutory warranty claims and claims for damages available to consumers shall not thereby be excluded or restricted.

V.) Dogs
Dogs may only be brought to properties specifically designated as allowing dogs and upon payment of the applicable fee. Any additional costs for dogs are listed in the ancillary costs. Animals brought along may remain in the rental property under supervision. Animals are, however, strictly prohibited from entering saunas, bathing areas and wellness areas. When bringing a pet, particularly a dog, the applicable statutory supervision and animal-keeping requirements (such as leash and muzzle requirements) must be observed. A traveller bringing an animal is obliged to keep and supervise the animal properly throughout the stay or to have it kept and supervised by suitable third parties at the traveller’s own expense. Animals may not be left unattended in the rental property. Travellers bringing an animal must have appropriate animal liability insurance or personal liability insurance covering potential damage caused by animals. Proof of such insurance must be provided to HMS upon request. The traveller and/or their insurer shall be jointly and severally liable to HMS and the owner of the rental property for damage caused by animals brought onto the property. This also includes damage caused by such animals for which HMS is required to compensate third parties.

VI.) Withdrawal – Rebooking – Substitute Traveller
1.) Withdrawal – Cancellation of the Contract – Cancellation Charges
a.) Where the travel contract has been concluded for a fixed period, the contract ends upon expiry of that period. The traveller is advised that there is no statutory right of withdrawal in respect of the agreed travel contract. If the traveller does not arrive (“no-show”) or departs early, in either case without stating a reason, HMS shall be entitled to demand the full agreed remuneration. HMS shall, however, deduct any expenses saved as a result of the traveller not making use of the services or any income received through the alternative rental of the booked property. HMS shall inform the traveller of any reasons why the travel price has not been reduced. If performance of the contract becomes impossible due to an event constituting force majeure (natural disasters, strikes, lockouts, official orders, travel warnings and similar events), either party may terminate the travel contract without observing a notice period and without incurring cancellation charges or cancellation fees.
b.) Unless otherwise stipulated below, unilateral withdrawal by the traveller is only possible subject to payment of cancellation charges. These cancellation charges are calculated as a percentage of the travel price and depend on the date on which the cancellation is declared. For these purposes, the travel price means the total price of the services contractually agreed with HMS (property price excluding individual ancillary costs). Cancellation charges are subject to judicial reduction where applicable. Booking volatility for the properties offered is significantly lower than that for general hotel and guest-room bookings. Accordingly, conditions differing from the standard General Terms and Conditions of Travel may apply.
The following cancellation charges shall apply:
Up to and including 91 days before the agreed date of arrival, the traveller may unilaterally terminate the travel contract without paying cancellation charges. Only the booking fee of € 39.00 shall be payed.
From 90 days up to and including 31 days before the date of arrival, cancellation charges amounting to 50% of the travel price shall become payable.
For cancellations within 30 days before the date of arrival, cancellation charges amounting to 100% of the travel price shall become payable.
If the traveller is unable to reach the rental property on the day of arrival because all means of access are rendered impossible by unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the traveller shall not be obliged to pay the agreed remuneration for the days on which arrival is impossible. The obligation to pay for the booked stay shall resume as soon as access becomes possible again, provided that arrival becomes possible within three days.

2.) Rebookings – Exclusion of Withdrawal/Cancellation
Where possible for HMS for property-specific reasons (property available at the relevant travel date, alternative property available), the traveller may rebook an existing trip for another period and/or destination. For the associated administrative work, a rebooking fee of €75.00 shall be charged in addition to the travel price. The traveller has no legal entitlement to a rebooking. Where the traveller has already agreed a rebooking of booked travel services with HMS, whether with regard to the intended travel period or destination, cancellation of the rebooking initiated by the traveller shall be excluded.

3.) Substitute Traveller
Up until the commencement of the trip, the traveller may arrange for a third party to take their place. HMS shall charge a flat-rate fee of €75.00 for administrative expenses associated with such a change. These rebooking costs shall be borne by the original traveller. The substitute traveller assumes the rights and obligations arising from the travel contract, and the substitute traveller confirmed by HMS shall be liable for payment of the travel price. Rebookings and requests for changes made by the traveller shall only become effective on the date on which they are confirmed by HMS.

VII.) Cancellation Protection (Extended Cancellation Clause)
HMS recommends that travellers take out appropriate travel insurance for the planned trip, in particular travel liability insurance, travel accident insurance and travel luggage insurance, as well as separate travel cancellation and/or cancellation insurance. In addition to any travel cancellation insurance taken out with an insurance company, limited cancellation protection may also be agreed with HMS in connection with the booking. In return for a flat-rate increase of 5% in the agreed remuneration for the travel service (travel price excluding ancillary costs), the following provisions shall become part of the contract:
The traveller may unilaterally withdraw from the contract against payment under the conditions set out below if a list of travel participants is submitted to HMS within four weeks of the booking and a valid reason for cancellation applies to one of the travel participants. Valid reasons for cancellation are:
- a serious illness;
- an accident resulting in a significant impairment of health which makes commencement of the trip impossible or unreasonable;
- the death of a close relative;
- appointment as a juror or lay judge.
The occurrence of a valid reason for cancellation must be proven to HMS in writing. In such a case, the following reduced cancellation charges shall apply:
For cancellations up to two months before the date of arrival, no cancellation charges shall be levied. Only the booking fee of € 39.00 and the cost of cancellation protection (5% of the travel price) shall be charged.
For cancellations up to one month before the date of arrival, cancellation charges amounting to 50% of the travel price shall be charged in addition to the booking fee and the cost of cancellation protection.
For cancellations up to one week before the date of arrival, 80% of the travel price shall be charged in addition to the booking and cancellation protection costs.
Only in the case of cancellations made within one week before the date of arrival shall the entire travel price be payable.

VIII.) Changes to Services and Prices
The specifically agreed services are determined by the service description on the booking portal www.huetten.com and the corresponding information contained in the travel confirmation. The information contained on the booking portal is binding upon HMS. HMS shall only be entitled to modify the agreed service where the modification is reasonable for the consumer, in particular because it is minor and objectively justified. Such objective justification exists, in particular, where the booked property is no longer available for the relevant travel period, whether due to destruction of the property or because the owner no longer makes the property available. Such events cannot be foreseen by HMS and are beyond its control.
In such a case, the traveller shall have the choice between a claim for substitute performance under the law of damages or withdrawal from the contract together with a claim for compensation for any difference in value. Such claims must be asserted against HMS without undue delay, but no later than three years after the impossibility of providing the travel service has been established.

IX.) Warranty
In the event of any defects, consumers shall be entitled to the statutory warranty rights. These initially include the right to rectification and/or replacement and, where applicable, the right to rescission and/or a price reduction. Within the framework of the applicable statutory provisions, the traveller is obliged to take all reasonable measures in the event of any disruption to the agreed services in order to contribute to remedying the disruption and to minimise any resulting damage (duty to mitigate damages). This also gives rise to an obligation to report damage without undue delay. If the traveller fails to comply with this obligation, corresponding claims for compensation may be forfeited. In the event of complaints or defects, these must – insofar as reasonable – be reported to HMS immediately upon arrival or immediately after they become apparent, using the following contact details:
HMS Hütten-Miet-Service GmbH
Villacher Ring 19
Austria - 9020 Klagenfurt am Wörthersee
Telephone: 0043 463 55080
Fax:           0043 463 55080-19
E-mail: info@huetten.com

HMS shall provide a remedy without undue delay and, in any event, within a reasonable period. HMS shall also be entitled to provide a remedy by means of an equivalent or higher-quality substitute service unless this would require disproportionately high expenditure.

X.) Snow Guarantee
If, due to insufficient snow, more than 50% of the lifts in the ski area nearest to the booked travel destination (according to the property description) are out of operation from three days before arrival, the traveller shall have the option, in respect of properties marked with the description “Snow Guarantee”, to cancel the booking without cancellation charges, subject only to a processing fee of € 39.00. Other reasons for lift closures, such as weather conditions and/or avalanche conditions, technical failures or similar circumstances, shall not qualify. Furthermore, this Snow Guarantee may only be claimed for travel periods from from 20 March 2027 to 3 April 2027. The Snow Guarantee shall not apply to periods outside the operating and opening times specified by the lift operator for the respective ski area.

XI.) Passport, Visa and Health Regulations
HMS offers travel destinations in France, Italy, Austria, Germany and Switzerland. All travellers require a valid passport or identity card for these countries. Nationals of non-European countries may be subject to additional travel requirements, which should be verified with the relevant consulate. Travellers are solely responsible for complying with all travel regulations applicable to the trip. If requirements imposed by the country of origin or destination are not complied with, any resulting disadvantages shall be borne by the traveller. HMS shall only be liable where non-compliance with such regulations results from culpably incorrect information or a failure by HMS to provide the necessary information.

XII.) Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Any provision that is wholly or partially invalid, unlawful or unenforceable shall be replaced by a provision that comes as close as possible to the legal effect of the invalid provision. In the event of any gaps in these Terms and Conditions, the corresponding statutory provisions shall apply.

XIII.) Miscellaneous Provisions – Choice of Law – Jurisdiction
1.) The place of performance shall be the location of the booked accommodation.
2.) Unless mandatory statutory provisions provide otherwise, this contract shall be governed both formally and substantively by Austrian law, excluding the rules of private international law (in particular the Austrian Private International Law Act [IPRG] and the Rome Convention [EVÜ]) and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3.) In transactions between businesses, the exclusive place of jurisdiction shall be the registered office of HMS in 9020 Klagenfurt, Austria. HMS shall, however, also be entitled to enforce its rights against entrepreneurs before any other court having local and subject-matter jurisdiction. Where the accommodation contract has been concluded with a consumer whose domicile or habitual residence is in Austria, legal proceedings against the consumer may only be brought before the court having jurisdiction at the consumer’s domicile, habitual residence or place of employment.
Where the accommodation contract has been concluded with a consumer domiciled in a Member State of the European Union (other than Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer’s domicile pursuant to Regulation (EU) No 1215/2012 (Brussels I Recast Regulation) shall have exclusive jurisdiction for proceedings against the consumer. The consumer, in turn, may bring proceedings against the entrepreneur either at the entrepreneur’s domicile/registered office or, irrespective of the domicile of the other contracting party, before the court of the place where the consumer is domiciled.