and cancellation conditions
General Terms and Conditions for the Hotel Industry 2006
§ 1 Scope of application
- 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 Definitions
"consumer" and "entrepreneur":
Is a natural or legal person who accommodates guests against payment.
A natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Guests are also persons who travel with the contracting party (e.g. family members, friends, etc.).
A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of contract - down payment
- 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 can retrieve them under normal circumstances and they are received during the published business hours of the Proprietor.
- 3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on 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 (in advance) 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 conditions of the card companies apply.
- 3.4 The down payment is a partial payment on the agreed fee.§ 4 Start and end of accommodation
- 4.1 The Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed day ("day of arrival"), unless the Proprietor offers a different time of occupation.
- 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.
§ 5 Withdrawal from the accommodation contract - cancellation fee 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 arrive 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 paid a deposit (see 3.3), the premises shall, on the other hand, remain reserved until 12.00 noon at the latest on the day following the agreed day of arrival. If more than four days have been paid in advance, the obligation to provide accommodation 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 before 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 can be cancelled without payment of a cancellation fee by unilateral declaration of the contracting party.
- 5.6 Outside the period specified in § 5.5, withdrawal 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 % from the total arrangement price;
- up to 1 week before the arrival date 70 % from the total arrangement price;
- in the last week before the arrival day 90 % from the total arrangement price.
until 3 months
3 months to 1 month
1 month to 1 week
No cancellation fees
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 Provision of substitute accommodation
- 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 replacement accommodation shall be borne by the occupier.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation contract, the contracting party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating 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 rules).
§ 8 Duties of the Contractual Partner
- 8.1 The contracting party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by him and/or the guests accompanying him, plus statutory VAT, no later than the time of departure.
- 8.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate where possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as enquiries with credit card companies, telegrams, etc. The Proprietor shall not be obliged to accept foreign currencies.
- 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 Rights of the Proprietor
- 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 in order to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of 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 8.00 p.m. and before 6.00 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 Proprietor shall have the right to invoice or interim invoice its services at any time.
§ 10 Duties of the Proprietor
- 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:
§ 11 Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.; a reduced price will be charged for the provision of extra beds or children's beds.
Liability of the accommodation provider for damage to property brought into the accommodation
- 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 is unable to prove this, 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 from time to time. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their belongings in a special place of storage, the Proprietor shall be released from any liability. The amount of any liability of the accommodation provider shall be limited to the liability insurance sum of the respective accommodation provider. Any fault on the part of the contract partner 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 a current amount of € 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 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 kept by guests of the accommodation establishment concerned.
- 11.5 In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred as of knowledge thereof. Moreover, such claims shall be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.
§ 12 Limitations of liability
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
12.2If 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 be limited to the amount of the interest in trust.
§ 13 Animal husbandry
- 13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if applicable, against special remuneration.
- 13.2 The contracting 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 an animal with them shall have appropriate pet liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of the relevant insurance shall be provided upon request by 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 those compensation payments of the Proprietor which the Proprietor is obliged to make to third parties.
- 13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of the accommodation
- 14.1 The Party shall not be entitled to have his/her 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 because all departure options are blocked or unusable 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 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 Termination of the Accommodation Agreement - Early Termination
- 15.1 If the Accommodation Agreement has been 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 demand the full agreed remuneration. The Proprietor shall deduct what he/she saves as a result of the non-utilisation of his/her service offer or what he/she 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 other 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 contract was concluded for an indefinite period of time, the contracting 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 terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest
- a) makes considerably detrimental use of the premises or by his inconsiderate, offensive or otherwise grossly improper behaviour suffers the cohabitation of the other guests, the owner, his people or third parties living 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 that extends beyond the period of occupancy 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 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 Illness or death of the guest
- 16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care at 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/herself.
- 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 Guest's expense. 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:
- a) outstanding medical expenses, costs for ambulance transport, medicines and remedies
- b) room disinfection that has become necessary,
- (c) linen, bed linen and bedding which has become unusable, otherwise for the disinfection or thorough cleaning of all such items,
- d) Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or 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, etc,
- f) any other damages incurred by the Proprietor.§ 17 Place of performance, place of jurisdiction and choice of law
- 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 contract was concluded with a contracting party who is a consumer and has his 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 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 with local and subject-matter jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
- 18.1 Unless the above provisions provide otherwise, a time limit shall begin to run upon delivery of the document setting the time limit to the parties to the contract who must observe the time limit. If a time limit is calculated in days, the day in which the time or event falls on which the beginning of the time limit is to be based shall not be counted. 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 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.