General terms and conditions

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 23 September 1981.

1.2  The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.

2.1    Definitions:

"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. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) are also considered guests.

"Guest":

"Party":
Is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.

"Consumer" and "Contractor":
The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

"Accommodation contract":
Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

3.1    The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to retrieve them under ordinary circumstances and the receipt takes place during the accommodation provider's announced business hours.

3.2   The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this 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 Party shall be obliged to pay the deposit at the latest 30 days (received) prior to the accommodation. The costs of 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 apply.

3.4   The down payment is a partial payment on the agreed fee.

4.1    The Party shall have the right, if the Proprietor does not offer any other reference time, to occupy the rented rooms from 3.00 p.m. on the agreed day ("Arrival Day").

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.

Cancellation by the Proprietor

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 p.m. on the agreed day of arrival, there shall be no obligation to accommodate the Guest 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 arrival date 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    Up to 1 month before the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor, for objectively justified reasons, unless otherwise agreed, by unilateral declaration

Cancellation by the Party - cancellation fee

5.5    Up to 1 month before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee.

5.6    Outside the period stipulated in § 5.5, a cancellation by unilateral declaration of the Party is only possible upon payment of the following cancellation fees:

• Up to one month before the date of arrival: no cancellation fees.
• Up to the 15th day before the date of arrival: 50 % of the total arrangement price;
• From the 14th day before the date of arrival until one day before the date of arrival: 80 % of the total arrangement price;
• In the event of cancellation on the day of arrival, "no show", late arrival or early departure: 100 % of the total arrangement price.

Travel obstructions

5.7    If the Party is unable to appear at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc) making all means of arrival impossible, the Party shall not be obliged to pay the agreed remuneration for the days of arrival.

5.8.8.

5.8   The payment obligation 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, in particular 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 concluding an accommodation contract, the Party acquires the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are customarily and without special conditions accessible for the use of the guests, 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 the separate use of services by him and/or the guests accompanying him plus statutory value added tax at the latest at the time of departure.

8.2.2 The contracting party shall be obliged to pay the agreed remuneration plus any additional amounts which have arisen due to the separate use of services by him and/or the guests accompanying him plus statutory value added tax at the latest at the time of departure.

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. Should the Proprietor accept foreign currencies or non-cash means of payment, the Party shall bear all related costs, such as enquiries with credit card companies, telegrams, etc.

8.3.

8.3   The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or any other person who accepts 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 ABGB (Austrian Civil Code) as well as the statutory right of lien pursuant to Section 1101 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 in order to secure its claim arising from the accommodation contract, in particular for catering, other expenses incurred for the Party and for any claims for compensation of any kind.

9.2    If the service is requested in the room of the Party or at extraordinary times of the day (after 10 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for this. However, this extra charge shall be indicated on the room rate table. The accommodation provider may also refuse these services for operational reasons.

9.3    The accommodation provider shall have the right to invoice or interim invoice its performance 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 subject to pricing and which are not included in the accommodation fee are exemplary:a) Special accommodation services which may be charged separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garaging, etc.; b) A reduced price shall be charged for the provision of additional beds or children's beds.
 

11.1    The Proprietor shall be liable for the items brought in by the Party pursuant to Sections 970 et seq. of the Austrian Civil Code. 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 is unable to furnish proof, the Proprietor shall be liable for his own fault or the fault of his staff as well as of the persons leaving and arriving. Pursuant to § 970 para. 1 ABGB (Austrian Civil Code), the accommodation provider shall be liable 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. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their belongings in 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 contract partner or guest shall be taken into account.

11.2   The Proprietor's liability shall be excluded 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 an amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount in the event that he has taken over these items for safekeeping with knowledge of their condition or in the event that the damage was caused by himself or one of his staff. The limitation of liability according to 12.1 and 12.2 shall apply mutatis mutandis.

11.4   The accommodation provider may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than guests of the accommodation establishment in question usually give into safekeeping.

11.5   In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred from the time of knowledge thereof. Moreover, such claims shall be asserted in court within three years from the date of 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's liability for slight negligence, with the exception of personal injury, shall be excluded.

12.2    If the Party is a Contractor, 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, against special remuneration.

13.2    The Party taking an animal with them shall be obliged to keep or supervise such animal properly during their stay or to have it kept or supervised by suitable third parties at their expense.

13.3    The contracting party or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the host.

13.4.

13.4    The Party or their 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 those compensation payments of the accommodation provider which the accommodation provider is obliged to make to third parties.

13.5    Animals are not allowed to stay in the lounges, social rooms, restaurant rooms and wellness areas.
 

14.1   The Party shall not be entitled to have their stay extended. If the Party gives notice of their wish to extend their stay in due time, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider 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.), all possibilities of departure are blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider 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 expiry of time.

15.2   If the Party departs prematurely, the Proprietor shall be entitled to claim the full agreed remuneration. The Proprietor shall deduct what he has saved as a result of the non-utilisation of his service offer or what he has received by renting the booked rooms to another party. A saving shall only be deemed to exist if the accommodation provider 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 terminates the contract with the Proprietor.

15.4   If the accommodation contract was concluded for an indefinite period of time, the parties may terminate the contract until 10.00 a.m. of the third day before the intended end of the contract.

15.5   The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the guest a) makes considerably disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together unpleasant for the other guests, the owner, his people or third parties residing in the accommodation establishment or is guilty of a punishable offence against property, morality or physical safety towards these persons; b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care; c) fails to pay the bills presented when due within a reasonably set period (3 days).

15.6    If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. natural disasters, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed to be 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 in the accommodating establishment, the Proprietor shall provide medical care at the request of the guest. If there is imminent danger, the accommodation provider shall arrange for medical care even without the special request of the guest, in particular if this is necessary and the guest is not able to do so himself.

16.2.

16.2   As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the guest's expense. However, the scope of such care shall end at the time when the guest is able to make decisions or the relatives have been notified of the 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: a) outstanding medical costs, costs for ambulance transport, medicines and remedies; b) room disinfection that has become necessary;
c) linen, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items; d) restoration of walls, furnishings, carpets, etc., in so far as these were soiled or damaged in connection with the illness or death; e) room rent, in so far as the premises were occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or similar; f) any other damage incurred by the accommodation provider.

17.1   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 UN sales law.

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 contract was concluded with a party who is a consumer and has his or her domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.

17.5   If the accommodation contract was concluded with a contracting party who is a consumer and has his place of residence 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 place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.
 

18.1    Unless the above provisions provide otherwise, the running of a time limit shall begin with the delivery of the document prescribing the time limit to the contracting parties who must observe the time limit. 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 beginning of the time limit is to be determined shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its designation 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.

18.2   Declarations must be received by the other party on the last day of the period (midnight).

18.3    The Proprietor shall be entitled to set off its own claims against the claim of the Party. 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 case of regulatory gaps, the relevant statutory provisions shall apply.