1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.
2.1 Definitions of terms:
"Proprietor":Is a natural or legal person who accommodates guests for remuneration.
"Guest":Is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. As a guest are also those persons who arrive with the contracting party (eg family members, friends, etc).
"Party":Is a natural or legal person, domestic or foreign, who enters into an accommodation agreement as a guest or on behalf of a guest.
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
"Accommodation Agreement": Is the contract concluded between the Proprietor and the Party, the content of which is further specified below.
3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed received if the Party for which they are intended can retrieve them under normal circumstances and the receipt takes place during the announced business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.
3.3 The contracting party is obliged to pay the deposit at the latest 7 days (received) before the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment on the agreed remuneration.
4.1 The Party shall have the right to move into the rented rooms as of 4.00 p.m. on the agreed day ("arrival day"), unless the Proprietor offers a different reference time.
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the guest does not appear by 6.00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.
5.3 If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. If more than four days have been paid in advance, the obligation to accommodate shall end at 6 p.m. on the fourth day, the day of arrival being counted as the first day, unless the Guest gives notice of a later day of arrival.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by means of a unilateral declaration no later than 3 months prior to the agreed date of arrival of the Party, unless otherwise agreed.
Withdrawal by the contracting party - cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated without payment of a cancellation fee by means of a unilateral declaration by the contracting party.
5.6 Outside the period stipulated in § 5.5. a cancellation by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:
- up to 1 month before the arrival date 40 % of the total arrangement price;
- up to 1 week before the arrival date 70 % of the total arrangement price;
- in the last week before the arrival date 90 % of the total arrangement price.
up to 3 months3 months up to 1 month1 month up to 1 weekIn the last weekNocancellation fee40 %70 %90 %
Obstructions to the journey
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are customarily and without special conditions accessible to the guests for use, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
8.1 The contracting party shall be obliged to pay the agreed remuneration plus any additional amounts which have arisen due to separate use of services by the contracting party and/or the guests accompanying the contracting party plus statutory value added tax by the time of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the exchange rate of the day if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc. The Proprietor shall not be obliged to accept foreign currencies or cashless means of payment.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor's services with the knowledge or will of the Party.
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for damages of any kind.
9.2 If service is requested in the Party's room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this extra charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.
10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor, which are not included in the accommodation fee, are exemplary:
a) special services of the accommodation, which can be charged separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium,
b) a reduced price shall be charged for the provision of additional beds or children's beds.
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof thereof, the Proprietor shall be liable for his own fault or the fault of his staff as well as of the persons leaving and entering the premises. The Proprietor shall be liable pursuant to § 970 para. 1 ABGB at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs as amended from time to time. If the Party or the Guest fails to immediately comply with the Proprietor's request to deposit their belongings at a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding the aforementioned amount if the Proprietor has accepted such items for safekeeping with knowledge of their condition or if the damage was caused by the Proprietor or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are considerably more valuable than those usually deposited by guests of the relevant accommodating establishment.
11.5 In any case of assumed storage, liability shall be excluded if the Party and/or Guest fails to immediately notify the Proprietor of the damage incurred as of knowledge thereof. Moreover, such claims shall be asserted in court within three years from knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.
12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his expense.
13.3 The Party or Guest taking along an animal shall have a corresponding animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request of the Proprietor.
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation payments to be made by the Proprietor to third parties.
13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and wellness areas.
14.1 The Party shall not be entitled to have its stay extended. If the Party gives notice of its wish to extend the stay in due time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall not be obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this period shall only be possible if the Party is unable to fully use the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.
15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon the expiry of such period.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it saves as a result of the non-utilisation of its service offer or what it has obtained by letting the booked rooms to other parties. Savings shall only be deemed to exist if the accommodating establishment is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
15.3 The death of a guest shall terminate the contract with the Proprietor.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement until 10.00 a.m. of the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest
15.6 If performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
16.1 If a Guest falls ill during his stay at the accommodating establishment, the Proprietor shall provide medical care upon the Guest's request. In case of imminent danger, the Proprietor shall arrange for medical care even without the specific request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall provide medical treatment at the expense of the Guest. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of illness.
16.3 The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the Accommodation Agreement was concluded with a party who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.
18.1 Unless the above provisions provide otherwise, the term shall commence upon delivery of the document setting the term to the contracting parties who must observe the term. If a time limit is calculated on the basis of days, the day on which the point in time or the event falls according to which the start of the time limit is to be determined shall not be included in the calculation. Time limits expressed in weeks or months shall refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day of that month shall be decisive.
18.2 Declarations must be received by the respective other contracting party on the last day of the period (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against the Party's claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been determined by a court or acknowledged by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.