General Terms and Conditions
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) shall replace the previous ÖHVB (Austrian Hotel Contract Conditions) as amended on 23 September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be subsiduary to agreements made on an individual basis.
§ 2 Definition of Terms
2.1. Definition of Terms:
“Accommodation provider”: Is a natural person or legal entity that accommodates guests for a fee.
“Guest”: Is a natural person who receives 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.
“Contracting party”: Is a natural person or legal entity, domestic or foreign, who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Austrian Federal Act Establishing Provisions for the Protection of Consumers from 1979 as amended.
“Accommodation contract”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is specified in more detail below.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract shall be concluded upon acceptance of the contracting party’s order by the accommodation provider. Electronic declarations shall be deemed received if the party for whom they are intended is able to retrieve them under normal circumstances and the receipt takes place during the published business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit. In this case, the accommodation provider shall be obliged to inform the contracting party of the required deposit before accepting the contracting party’s written or oral order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract shall be concluded upon receipt by the accommodation provider of the declaration of agreement on the payment of the contracting party’s deposit.
3.3 The contracting party is obliged to pay the deposit at the latest 7 days (receipt) before arrival at 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 credit card companies apply.
3.4 The deposit is a partial payment on the agreed fee.
§ 4 Beginning and End of Accommodation
4.1 The contracting party shall be entitled to move into the rented rooms from 4 pm on the agreed date (“day of arrival”), unless the accommodation provider offers a different time of occupation.
4.2 If a bedroom is used for the first time before 6 am, the previous night counts as the first overnight stay.
4.3 The rented bedrooms must be vacated by the contracting party by 12 noon on the date of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in time.
§ 5 Rescission of the Accommodation Contract – Cancellation Fee
Rescission by the Accommodation Provider
5.1 If the accommodation contract provides for a deposit and if the deposit has not been made by the contracting party in due time, the accommodation provider may rescind the accommodation contract without granting a grace period.
5.2 If the guest does not appear by 6 pm on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms shall remain reserved until 12 noon at the latest on the day following the agreed day of arrival. In the event of advance payment for more than four days, the obligation to provide accommodation ends at 6 p.m. on the fourth day, the date of arrival being deemed the first day, unless the guest gives notice of a later date of arrival.
5.4 Up to 3 months before the agreed date of arrival of the contracting party at the latest, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed.
Rescission 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 can be cancelled without payment of a cancellation fee by unilateral declaration by the contracting party.
5.6 Outside the period specified in § 5.5, rescission by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:
- 40% of the total agreed up to 1 month before the arrival date;
- 70 % of the total agreed up to 1 week before the arrival date;
- 90 % of the total agreed in the last week before the arrival date.
Prevention from Arrival
5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the contracting party shall not be obliged to pay the agreed fee for the date 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 Provision of Alternative Accommodation
6.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contracting 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 alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are usually 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 regulations).
§ 8 Obligations of the Contracting Party
8.1 The contracting party shall be obliged to pay the agreed fee plus any additional amounts which have arisen due to extra services used 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 accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the daily exchange rate where possible. Should the accommodation provider accept foreign currencies or cashless means of payment, the contracting party shall bear all related costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by the contracting party or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contracting party.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or is in default therewith, the accommodation provider shall be entitled to the statutory right of retention pursuant to Section 970c ABGB as well as the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the contracting party or the guest. The accommodation provider shall furthermore be entitled to this right of retention or lien to secure its claim arising from the accommodation contract, in particular for catering, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.
9.2 If room service is requested in the room of the contracting party or at unusual times of the day (after 8 pm and before 6 am), the accommodation provider shall be entitled to charge an extra fee for this. However, this extra fee must be indicated on the room rate board. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider shall have the right to issue an invoice or interim invoice for its services at any time.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Extra services of the accommodation provider to be indicated that are not included in the accommodation fee are for example:
a) Special accommodation services which may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;
b) a reduced price will be charged for the provision of additional beds or cots.
§ 11 Liability of the Accommodation Provider for Damage to Property of Guests
11.1 The accommodation provider shall be liable for the property brought into the accommodation by the contracting party in accordance with §§ 970 ff ABGB (General Austrian Civil Code of Law). The accommodation provider shall only be liable if the property has been handed over to the accommodation provider or the people authorised by the accommodation provider or have been brought to a place assigned or designated for this purpose by the latter. If the accommodation provider is unable to provide proof, the accommodation provider shall be liable for his own fault or the fault of his staff as well as of persons leaving and entering the accommodation. Pursuant to § 970 paragraph 1 ABGB, 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 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer), as amended. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a designated safekeeping place, the accommodation provider shall be released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contracting partner or guest shall be taken into account.
11.2 The liability of the accommodation provider is excluded for slight negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proving fault. Consequential damages or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of 550 €. The accommodation provider shall only be liable for any further damage in the event that he has taken over this property for safekeeping with knowledge of its condition or in the event that the damage was caused by himself or one of his staff. The limitation of liability pursuant to 12.1 and 12.2 shall apply accordingly.
11.4 The accommodation provider may refuse the safekeeping of valuables, money and stocks if the property in question is considerably more valuable than guests of the accommodation establishment in question usually leave in safekeeping.
11.5 In each event of deposition, liability shall be excluded if the contracting party and/or guest does not immediately notify the accommodation provider of the damage incurred from the time of knowledge thereof. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise the right shall become extinct.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2 If the contracting party is an entrepreneur, liability of the accommodation provider is excluded for slight and gross negligence. In such event, the burden of proof to show the fault shall lie with the contracting party. No consequential damages, immaterial damages or indirect damages as well as lost profits will be reimbursed. The damage to be reimbursed shall in any case be limited to the amount of the damage incurred because the contracting party has relied on the validity of the agreement.
§ 13 Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 The contracting partner who takes a pet 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 contracting party and/or guest taking 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 accommodation provider.
13.4 The contracting party or its insurance company shall be jointly and severally liable to the accommodation provider for any damage caused by the animals brought along. The damage shall in particular also include those compensations of the accommodation provider that the accommodation provider has to provide to third parties.
13.5 Animals are not permitted to enter the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Prolongation of Accommodation
14.1 The contracting party has no claim to have his stay prolonged. If the contracting party gives notice of its wish to prolong the stay in due time, the accommodation provider may agree to the prolongation of the accommodation contract. The accommodation provider is not obliged to do so.
14.2 If the contracting party is unable to leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract shall be automatically prolonged for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the contracting party is not able to fully use the services offered by the accommodation due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the low season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract was concluded for a definite period of time, it shall end with the expiry of time.
15.2 If the contracting party departs prematurely, the accommodation provider shall be entitled to demand the full agreed fee. The accommodation provider 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 other parties. A saving shall only be deemed to exist if the accommodation establishment is fully occupied at the time of the non-utilisation of the premises booked by the guest and the premises can be let to further guests due to the cancellation by the contracting party. Proof of the savings shall be borne by the contracting party.
15.3 The death of a guest terminates the contract with the accommodation provider.
15.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract until 10 am of the third day before the intended end of the contract.
15.5 The accommodation provider shall be entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes considerably detrimental use of the premises or, by 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 submitted invoices when due within a reasonably set period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed to be terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for compensation etc. on the part of the contracting party are excluded.
§ 16 Sickness or Death of the Guest
16.1 If a guest gets sick during his/her stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest’s request. In case of 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 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the case of sickness.
16.3 The accommodation provider shall be entitled to compensation from the contracting party and the guest or, in the event of death, from their legal successors, in particular for the following costs:
a) unpaid medical expenses, costs for ambulance transport, medicines and remedies
b) necessary room disinfection,
c) linen, bedding 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., insofar as these have been contaminated or damaged in connection with the illness or the death,
e) Room rent, insofar as the room was occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
f) any other damages incurred to the accommodation provider.
§ 17 Place of Delivery, Jurisdiction and Applicable Law
17.1 The place of delivery is the place where the accommodation establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of Private International Law (esp. IPRG and Convention on the Law Applicable to Contractual Obligations) and 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 place of the accommodation provider’s registered office, whereby the accommodation provider shall also be entitled to assert its rights before any other local and competent court.
17.4 If the accommodation contract was concluded with a contracting party that is a consumer and has his or her place of residence or habitual abode in Austria, actions against the consumer may only be filed in at the consumer’s place of residence, habitual abode or place of work.
17.5 If the accommodation contract was concluded with a contracting 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 hat is competent for the domicile of the consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the term of a time limit shall commence with the delivery of the document setting the time limit to the contracting parties, who must observe the time limit. When calculating a time limit that is determined by days, the day in 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. Time limits determined by weeks or months shall 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 in this month is applicable.
18.2 Any declarations must be received by the respective other contracting party on the last day of the time limit (12 midnight).
18.3 The accommodation provider shall be entitled to set off claims of the contracting party against its own claims. The contracting party shall not be entitled to set off its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contracting party’s claim has been determined by a court or acknowledged by the accommodation provider.
18.4 If any gaps arise in relation with the contract, the applicable legal provisions shall apply.