General Terms and Conditions
§ 1 Jurisdiction
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the current Austrian Hotel Regulations (ÖHVB) dated 23 September 1981.
1.2 The AGBH 2006 do not rule out special arrangements. The AGBH 2006 are subordinate to individually-stipulated arrangements.
§ 2 Term Definitions
2.1 Term Definitions:
“Accommodation Provider”: A natural or legal person who houses guests in exchange for remuneration.
“Guest”: A natural person who makes use of the accommodation. As a general rule, the Guest is also the Contractual Partner. Guests also include those persons who travel with the Contractual Partner (e.g. family members, friends etc.).
“Contractual Partner”: A natural or legal person, of national or foreign origin, who concludes an accommodation contract as a guest or on behalf of a Guest.
“Consumer” and “Company”: These terms are to be understood pursuant to the 1979 Consumer Protection Act in its applicable version.
“Accommodation Contract”: The contract concluded between the Accommodation Provider and the Contractual Partner, whose content will be regulated in greater detail below.
§ 3 Contract Conclusion - Down Payment
3.1 This accommodation contract comes into being when the Accommodation Provider accepts the Contractual Partner’s booking. Electronic declarations will be deemed received when the party for which they are destined can retrieve them under normal conditions and are received during the business hours announced by the Accommodation Provider.
3.2 The Accommodation Provider is authorised to conclude the accommodation contract under the condition that the contract partner makes a payment. In this case, the Accommodation Provider is authorised to notify the Contractual Partner of the requested down payment before accepting a written or oral booking from the Contractual Partner. Should the Contractual Partner have no objections to the down payment (in writing or orally), then the accommodation contract will come into being upon receipt of the Contractual Partner’s consent to paying the Accommodation Provider’s down payment.
3.3 The Contractual Partner is obliged to make the down payment at the very latest 7 days (directly) before lodging. The Contractual Partner will bear the costs for the financial transaction (e.g. transfer charges). The respective terms and conditions of the card companies apply for credit and debit cards.
3.4 The down payment is a partial payment of the stipulated remuneration.
§ 4 Beginning and End of Accommodation
4.1 Provided that the Accommodation Provider does not offer any other check-in time, the Contractual Partner has the right to occupy the room as of 16:00 on the stipulated day (“day of arrival”).
4.2 Should the room be used for the first time as of 6:00 in the morning, then the preceding night will count as the first overnight stay.
4.3 The rented premises must be vacated by the Contractual Partner by 12:00 on the day of departure. The Accommodation Provider has the right to charge an additional day if the rented premises are not vacated on time.
§ 5 Withdrawing from Accommodation Contract - Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 Should the accommodation contract stipulate a down payment and should the Contractual Partner fail to pay the down payment in a timely manner, then the Accommodation Provider may withdraw from the agreement without prior notice.
5.2 Should the Guest fail to appear by 18:00 of the stipulated arrival date, then there will be no obligation to provide accommodation, unless a later arrival time was stipulated.
5.3 On the other hand, if the Contractual Partner has made a down payment (see 3.3.), then the premises will remain reserved until 12:00 the latest on the day following the stipulated arrival date. If an advance payment of more than four days is made, then the obligation to provide accommodation will end as of 18:00 of the fourth day, whereby the arrival day will be billed as the first day, unless the Guest specifies a later arrival date.
5.4 The accommodation contract may, out of self-justifying reasons and at the very latest 3 months from the stipulated arrival date of the Contract Partner, be dissolved through a unilateral declaration due to reasons of factual justification, unless otherwise agreed.
Withdrawal by the Contract Partner - Cancellation Fee
5.5 The accommodation contract may be cancelled by the Contractual Partner through a unilateral declaration without paying the cancellation fee up to 3 months before the Guest’s stipulated arrival date.
5.6 Apart from the time period specified in § 5.5., the Contractual Partner may only withdraw through a unilateral declaration upon if he or she pays the following cancellation fees:
- Up to 1 month before the date of arrival, 40% of the entire arrangement price;
- Up to 1 week before the date of arrival, 70% of the entire arrangement price;
- In the last week before arrival, 90% of the entire arrangement price.
Up to 3 months - no cancellation fees
3 months to 1 month - 40%
1 months to 1 week - 70%
In the last week - 90%
5.7 Should the Contractual Partner fail to appear at the hotel on the day of arrival due to the fact that extraordinary, unforeseen circumstances (such as extreme snowfall, flooding, etc.) would make all transport methods unfeasible, then the Contractual Partner will not be obligated to pay the stipulated remuneration for the day of arrival.
5.8 The obligation to pay the remuneration for the booked stay will come into effect again if an arrival can be made within three days.
§ 6 Provisioning Substitute Accommodation
6.1 The Accommodation Provider can provide the Contractual Partner and/or the Guests with adequate substitute accommodation (of equal quality), if it is reasonable to the Contractual Partner, especially when the difference is minor and factually-justified.
6.2 A factual-justification, for instance, is when the premises (rooms) have become unusable, previously-accommodated guests extend their stay, overbooking has occurred, or other important operational measures necessitate this step.
6.3 Possible additional expenses for the substitute accommodation will be borne by the Accommodation Provider.
§ 7 Rights of the Contractual Partner
7.1 By concluding an accommodation contract, the Contractual Partner will obtain the right to customarily use the rented premises, the hotel’s facilities which are normally accessible to guests for use without any special conditions, and to common services. The Contractual Partner will exercise his rights pursuant to possible hotel and/or guest regulations (house rules).
§ 8 Obligations of the Contractual Partner
8.1 The Contractual Partner is obliged, at the very latest at the time of departure, to pay the stipulated remuneration in addition to any additional amounts which may accrue due to separate use of services on the part of himself and/or the Guests who accompany him along with the legal value-added tax.
8.2 The Accommodation Provider is not obliged to accept foreign currencies. If the Accommodation Provider accepts foreign currencies, such will be accepted at the current exchange rate to the extent possible. Should the Accommodation Provider accept foreign currencies or cashless payment methods, the Contractual Partner will bear any associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The Contractual Partner will be liable to the Accommodation Provider for any damage caused by him or the Guest or other persons who accept the Accommodation Provider’s services with the knowledge or in accordance with the intention of the Contractual Partner.
§ 9 Rights of the Accommodation Provider
9.1 Should the Contractual Partner fail to pay the required remuneration or is in arrears, the Accommodation Provider will have the legal right of retention, pursuant to § 970c of the Austrian Civil Code (ABGB) and the legal right of lien pursuant to § 1101 of the Austrian Civil Code (ABGB), on the Contractual Partner’s and/or Guest’s personal property. The Accommodation Provider will furthermore have the right of retention or right of lien to secure his claim from the accommodation contract, particularly for catering,
other expenses incurred for the Contractual Partner and for any possible compensation claims.
9.2 Should service be requested in the Contractual Partner’s room or during unusual times (after 20:00 and before 6:00), the Accommodation Provider will have the right to request extra remuneration for it. However, this extra remuneration is to be distinguished from the room price list. The Accommodation Provider may also reject these services due to operational reasons.
9.3 The Accommodation Provider will have the right to issue a bill and/or interim bill for his service.
§ 10 Obligations of the Accommodation Provider
10.1 The Accommodation Provider will be obliged to render the stipulated services to the extent commensurate with its standards.
10.2 Some examples of special services provided by the Accommodation Provider and which are not included in the accommodation remuneration are:
a) Special accommodation services, which can be invoiced separately, like providing salons, saunas, indoor swimming pools, swimming baths, solariums, garages etc.;
b) A reduced price will be charged for providing additional beds and/or children’s beds.
§ 11 Accommodation Provider’s Liability for Damages to Personal Property
11.1 Pursuant to §§ 970 ff, the Accommodation Provider will be liable for the Contractual Partner’s personal property. The Accommodation Provider will only be liable if the property has been handed over to the Accommodation Provider or to persons authorised by the Accommodation Provider or to a place instructed by these or designated for this purpose. If the Accommodation Provider fails furnish proof of this, then the Accommodation Provider will be liable for his own fault or the fault of his persons and persons who enter and leave the building. Pursuant to § 970 Sec. 1 of the Austrian Civil Code (ABGB), the Accommodation Provider will owe no more than the amount specified in the 16 November 1921 Federal Law regarding the liability of innkeepers and other companies in the respective current version. Should the Contractual Partner or Guest immediately fail to comply with the
Accommodation Provider’s request to store their property in a special storage location, then the Accommodation Provider will be relieved of any liability. The amount of the Accommodation Provider’s possible liability is limited at most to the Accommodation Provider’s personal liability insurance sum. The fault of the Contractual Partner or Guests is to be taken into consideration.
11.2 The Accommodation Provider will not be liable for minor negligence. If the Contractual Partner is a company, then liability for gross negligence will be excluded as well. In this case, the Contractual Partner will bear the burden of proof for any fault. Consequential damages or indirect damages along with lost profits will not be replaced in any way.
11.3 Currently, the Accommodation Provider will only be liable for up to 550 Euros for valuables, money, and securities,--. The Accommodation Provider will only be liable for an amount exceeding this if he, knowing their nature and condition, had received the property for storage or if the damage was caused by himself or by one of his people. The limitation of liability pursuant to 12.1 and 12.2 applies mutatis mutandis.
11.4 The Accommodation Provider may refuse to accept valuables, money, and securities for safekeeping if they are objects of much greater value than what guests of the hotel in question usually deposit.
11.5 In any event of deposition, liability will be excluded if the Contractual Partner and/or Guest do not immediately report the damage incurred after becoming aware of it. Furthermore, these claims need to be asserted in court by the Contractual Partner and/or Guest within three years after becoming aware or possibly aware of them. Otherwise, the right will cease to be valid.
§ 12 Limitations of Liability
12.1 If the Contractual Partner is a consumer, then the Accommodation Provider’s liability for minor negligence, with the exception of damages to persons, will be excluded.
12.2 If the Contractual Partner is a company, then the Accommodation Provider’s liability for minor and gross negligence will be excluded. In this case, the Contractual Partner will bear
the burden of proof for any fault. Consequential, immaterial damages or indirect damages along with lost profits will not be replaced. In any case, the damage to be compensated will be limited to the extent of the breach of faith.
§ 13 Keeping Pets
13.1 Pets may only be brought to the hotel after previous agreement with the Accommodation Provider and, at most, against remuneration.
13.2 The Contractual Partner who brings along a pet is obliged to properly store and/or supervise this pet or have it stored and/or supervised by a suitable third party at his own expense.
13.3 The Contractual Partner and/or Guest who bring along a pet must have the corresponding pet liability insurance and/or private liability insurance which also covers possible damages caused by animals. Proof of the appropriate insurance is to be furnished upon the Accommodation Provider’s request.
13.4 The Contractual Partner and/or Insurer will be equally jointly liable to the Accommodation Provider for damages caused by the pets that they bring along. Damage particularly includes any compensation to be paid by the Accommodation Provider to third parties.
13.5 Pets are not allowed in the salon, guest lounge, and wellness areas.
§ 14 Extending the Stay
14.1 The Contractual Partner has no right to extend his stay. Should the Contractual Partner timely declare his desire to extend the stay, then the Accommodation Provider can agree to the extension of the accommodation contract. The Accommodation Provider will have no obligation to take action in this regard.
14.2 Should the Contractual Partner be unable to leave the hotel on the day of departure due to the fact that extraordinary, unforeseen circumstances (such as extreme snowfall, flooding, etc.) would rule out or make all departure methods unusable, then the accommodation contract will be extended by the time period during which departure is impossible. A reduction of remuneration for this time period is at best only possible if the Contractual Partner is unable to utilise the hotel’s offered services to their fullest extent due to extraordinary weather conditions. The Accommodation Provider will have the right to request remuneration that is at least equal to the price usually charged during the low season.
§ 15 Termination of the Accommodation Agreement - Early Termination
15.1 If the accommodation contract was concluded for a certain period of time, then it will end upon expiry of said time period.
15.2 Should the Contractual Partner prematurely depart, the Accommodation Provider will have the right to request the full sum of the stipulated remuneration. The Accommodation Provider will deduct the amount that he saves due to non-utilisation of his services or what he would have received if he would have otherwise rented the booked premises. There would only be savings if the hotel were to be fully booked in the time period during which the Guest had not utilised the booked premises
and the premises could be rented to other guests due to the Contractual Partner’s cancellation. The Contractual Partner will bear the burden of proof of savings.
15.3 The contract with the Accommodation Provider will end upon the death of the Guest.
15.4 If the accommodation contract was concluded for a certain period of time, then the parties of the contract may dissolve the agreement by 10:00 of the third day before the intended end of the contract.
15.5 The Accommodation Provider will have the right to immediately terminate the accommodation contract for good cause, particularly when the Contractual Partner and/or Guest
a) makes significantly adverse use of the premises or, due to his inconsiderate, objectionable or other grossly-offensive behaviour, spoils the cohabitation of the rest of the guests, the owner, his people or third-parties living in the hotel or is guilty of committing an act, punishable by penalties, against the personal property, morality, or physical security of these persons;
b) suffers from a contagious disease or a disease, the duration of which goes beyond the duration of the accommodation period or otherwise is in need of care;
c) does not pay the settled invoices when they become payable within a reasonably-set time period (3 days).
15.6 If fulfilment of the contract becomes impossible due to circumstances deemed events of force majeure (e.g. acts of God, strikes, lockout, official orders etc.), then the Accommodation Provider may dissolve the accommodation contract at any time without complying with the cancellation period, provided that the contract is not already deemed dissolved by law, or the Accommodation Provider is relieved of his obligation to provide accommodation. Any claims for damage reimbursements on the part of the Contractual Partner
will be excluded.
§ 16 Guest Illness or Death
16.1 Should the guest fall ill during his stay at the hotel, the Accommodation Provider will arrange for medical care at the guest’s request. In the event of imminent danger, the Accommodation Provider will arrange for medical care, particularly if this is necessary and the Guest is unable to do so himself.
16.2 As long as the Guest is unable to make decisions or if the Guest’s relatives cannot be contacted, the Accommodation Provider will arrange for medical care at the expense of the Guest. However, the scope of these care measures will end as soon as the Guest is able to make decisions or their family has been informed about the illness.
16.3 The Accommodation Provider will particularly be entitled to damages from the Contractual Partner and the Guest or, in the event of their death, their legal successors for the following expenses:
a) unsettled medical costs, costs for ambulance transports, drugs, and medical aids
b) any necessary room disinfection,
c) unusable laundry, bed linen, and bed furniture, or otherwise the disinfection or thorough cleansing of all these items,
d) Restoring walls, furniture, carpets etc. if these became soiled or damaged in connection with the illness or fatality,
e) Room rent to the extent that it was used by the Guest, plus any days during which the rooms were unusable due to disinfection, evacuation etc.
f) Any other damage incurred by the Accommodation Provider.
§ 17 Place of Fulfilment, Place of Jurisdiction, Choice of Law
17.1 The place of fulfilment will be the place where the hotel is situated.
17.2 This contract will be governed by Austrian formal and substantive law with the exclusion of the Rules of Private International Law (esp. IRPG and the Rome Convention EVÜ) along with UN sales law.
17.3 The domicile of the Accommodation Provider will be the place of jurisdiction for bilateral company business, whereby the Accommodation Provider will furthermore have the right to assert his rights in any other court that is competent for the location and matter as well.
17.4 If the accommodation contract was concluded with a Contractual Partner who is a consumer has their domicile or ordinary residence in Austria, claims against the consumer may solely be lodged at the domicile, ordinary residence, or the consumer’s place of work.
17.5 If the accommodation contract was concluded with a Contractual Partner who is a consumer and whose domicile is in a European Union member state (excluding Austria), Iceland, Norway, or Switzerland, the local competent court at the consumer’s location will be solely responsible for claims against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, any time periods will start upon delivery of the document stipulating the time period to the Party that must comply with the time period. When calculating a time limit based on days, the day on which the time period or occurrence falls and to which the start of the time period refers will not be included in the calculation. Time periods expressed in weeks or months refer to the day of the week or month, which, by means of its name or number, correspond to the day from which the time period runs. Should this day be missing in the month, then the last day of the month will be binding.
18.2 Statements must be received by the other, respective contractual partner on the last day of the time period (24:00).
18.3 The Accommodation Provider will have the right to set off the Contractual Partner’s claims with claims of his own. The Contractual Partner will not have the right to set off the Accommodation Provider’s claims with his own claims, unless the Accommodation Provider is insolvent or the contractual partner’s claims are determined judicially or recognised by the Accommodation Provider.
18.4 The applicable legal provisions will apply in case of loopholes.