Guest information

§ 1    Scope

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 individual agreements made.


§ 2    Definitions

2.1    Definitions:
„Accommodation Provider“: Is a natural or legal person who provides accommodation to guests for a fee.
„Guest“: Is a natural person who makes use of accommodation services. The guest is usually also a contractual partner. Guests also include those persons who travel with the contractual partner (e.g. family members, friends, etc.).
 
„Contractual Partner“: Is a natural or legal person from Austria or abroad who enters into an accommodation contract either as a guest or for a guest.
 
„Consumer“ and „Entrepreneur“: 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 contractual partner, the content of which will be further specified below.
 

§ 3    Conclusion of Contract – Deposit

3.1    The accommodation contract comes into effect through the acceptance of the order by the contractual partner by the accommodation provider. Electronic statements are deemed to have been received if the party to whom they are intended can retrieve them under normal circumstances, and access is within the operation hours communicated by the accommodation provider.
3.2    The accommodation provider is entitled to conclude the accommodation contract under the condition that the contractual partner makes a deposit. In this case, the accommodation provider is obliged to inform the contractual partner of the required deposit before accepting the written or verbal order. If the contractual partner agrees to the deposit (in writing or verbally), the accommodation contract is formed with the receipt of the declaration of consent regarding the payment of the deposit from the contractual partner to the accommodation provider.

3.3    The contractual partner is obliged to pay the deposit no later than 7 days (arriving) before the accommodation. The costs for the money transaction (e.g. transfer fees) are to be borne by the contractual partner. The respective terms of the card companies apply for credit and debit cards.
3.4    The deposit is a partial payment of the agreed fee.


§ 4    Start and End of Accommodation

4.1    The contractual partner has the right, unless the accommodation provider offers a different reference time, to occupy the rented rooms from 16.00 hours on the agreed day ("arrival day").
4.2    If a room is claimed for the first time before 6.00 AM, the preceding night counts as the first overnight stay.
4.3    The rented rooms must be vacated by the contractual partner by 12.00 PM on the day of departure. The accommodation provider is entitled to charge for another day if the rented rooms are not vacated in time.


§ 5  Cancellation of the Accommodation Contract – Cancellation Fee Cancellation by the Accommodation Provider

5.1    If the accommodation contract provides for a deposit and the deposit has not been paid on time by the contractual partner, the accommodation provider may withdraw from the accommodation contract without notice.
5.2    If the guest does not appear by 18.00 hours on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3    If the contractual partner has made a deposit (see 3.3), the premises remain reserved until 12.00 PM on the day following the agreed arrival day at the latest. In the case of advance payment for more than four days, the accommodation obligation ends at 18.00 hours on the fourth day, with the arrival day counted as the first day, unless the guest announces a later arrival day.
5.4    Until a maximum of 3 months before the agreed arrival day of the contractual partner, the accommodation contract can be dissolved by the accommodation provider for objectively justified reasons unless otherwise agreed, by unilateral declaration.

Cancellation by the Contractual Partner – Cancellation Fee

5.5    The accommodation contract can be canceled without incurring a cancellation fee by unilateral declaration by the contractual partner up to a maximum of 3 months before the agreed arrival day of the guest.
5.6    Outside the period specified in § 5.5, a cancellation by unilateral declaration of the contractual partner is only possible with payment of the following cancellation fees:

-    up to 1 month before the arrival day 40 % of the total arrangement price;

-    up to 1 week before the arrival day 70 % of the total arrangement price;

-    in the last week before the arrival day 90 % of the total arrangement price.
           
Obstacles to Arrival

5.7    If the contractual partner cannot appear at the accommodation business on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g., heavy snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8    The obligation to pay for the booked stay revives as soon as arriving is possible again within three days.


§ 6    Provision of Alternative Accommodation

6.1    The accommodation provider can offer the contractual partner or guests an adequate alternative accommodation (of the same quality) if this is reasonable for the contractual partner, particularly if the deviation is minor and objectively justified.
6.2    An objective justification is given, for example, if the room (the rooms) has become unusable, already checked-in guests extend their stay, an overbooking exists, or other important operational measures necessitate this step.
6.3    Any additional expenses for the alternative accommodation are borne by the accommodation provider.


§ 7    Rights of the Contractual Partner

7.1    By entering into an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation business, which are usually and without special conditions accessible to guests, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).


§ 8    Obligations of the Contractual Partner

8.1    The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to separate use of services by him and/or his accompanying guests plus statutory VAT at the latest by the time of departure.
8.2    The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be taken at the current exchange rate as far as possible. If the accommodation provider accepts foreign currencies or cashless payment methods, the contractual partner bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3    The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who receive services of the accommodation provider with the knowledge or will of the contractual partner.


§ 9    Rights of the Accommodation Provider

9.1    If the contractual partner refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien according to § 1101 ABGB on the property brought by the contractual partner or the guest. This right of retention or lien further serves the accommodation provider to secure his claims from the accommodation contract, especially for catering, other expenses incurred for the contractual partner, and for any substitute claims of any kind.
9.2    If service is requested in the contractual partner's room or at unusual hours (after 20:00 and before 6:00), the accommodation provider is entitled to charge a special fee. This special fee must, however, be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3    The accommodation provider has the right to settle accounts or interim settlements for his services at any time.


§ 10    Obligations of the Accommodation Provider

10.1 The accommodation provider is obliged to provide the agreed services to the extent corresponding to his standard.
10.2 The accommodation provider's special services subject to notification, which are not included in the accommodation fee, include, for example:

a)    Special services of accommodation that can be charged separately, such as the provision of lounges, sauna, swimming pool, solarium, parking, etc.;

b)    a reduced price is charged for the provision of additional or child beds.


§ 11    Liability of the Accommodation Provider for Damage to Brought Items

11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for items brought by the contractual partner. The liability of the accommodation provider exists only if the items have been handed over to the accommodation provider or authorized personnel or have been brought to a location instructed by or designated for this purpose by the accommodation provider. If the accommodation provider cannot prove otherwise, he is liable for his own fault or the fault of his personnel as well as incoming and outgoing persons. The accommodation provider’s liability according to § 970 Abs 1 ABGB is limited to the amount set out in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs in its current version. If the contractual partner or the guest does not comply promptly with the accommodation provider's request to store his belongings in a special storage place, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to the amount of the liability insurance of the respective accommodation provider. Any fault of the contractual partner or guest shall be taken into account.

11.2 The accommodation provider is exempt from liability for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits are not compensated under any circumstances.

11.3 For valuables, cash, and securities, the accommodation provider is liable only up to the amount of currently € 550. The accommodation provider is liable for any damage exceeding this amount only if he has taken these items for safekeeping with knowledge of their nature, or if the damage was caused by himself or one of his personnel. The liability limitations in 12.1 and 12.2 apply accordingly.

11.4 The accommodation provider can refuse to store valuables, cash, and securities if they are significantly more valuable than items usually handled by guests of the respective accommodation business.

11.5 In any case of taken custody, liability is excluded if the contractual partner and/or guest does not promptly notify the accommodation provider of the damage incurred upon knowledge. Moreover, these claims must be made legally enforceable within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise, the right is forfeited.


§ 12    Liability Limitations

12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence is excluded, except for personal injury.

12.2  If the contractual partner is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In such a case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits are not compensated. The damage awarded in any case shall have its limit in the amount of the interest of trust.


§ 13    Keeping of Animals

13.1 Animals may only be brought into the accommodation business with the prior consent of the accommodation provider and possibly against special compensation.

13.2 The contractual partner who brings an animal is obliged to properly care for or supervise this animal during his stay or have it cared for or supervised by suitable third parties at his expense.

13.3 The contractual partner or guest who brings an animal must have liability insurance for the animal or private liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.

13.4 The contractual partner or his insurer is jointly liable to the accommodation provider for any damage caused by pets. This damage includes, in particular, the compensation of the accommodation provider's claims against third parties that the accommodation provider must provide.

13.5 Animals are not allowed in lounges, dining rooms, restaurant areas, and wellness areas.


§ 14    Extension of Accommodation

14.1 The contractual partner has no right to have his stay extended. If the contractual partner notifies his desire to extend his stay in good time, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is not obliged to do so.

14.2 If the contractual partner cannot leave the accommodation business on the day of departure due to unforeseeable extraordinary circumstances (e.g., heavy snowfall, flooding, etc.) that block or render all departure options unusable, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this time is only possible if the contractual partner cannot fully utilize the offered services of the accommodation business due to extraordinary weather conditions. The accommodation provider is entitled to demand at least that fee which corresponds to the normally charged price in the off-season.


§ 15    Termination of the Accommodation Contract – Early Termination

15.1 If the accommodation contract is concluded for a fixed term, it ends upon expiry of that term.

15.2 If the contractual partner departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of the non-utilization of his service offer or what he has received from renting the ordered rooms to others. Savings only exist if the accommodation business is fully booked at the time of non-utilization of the rooms ordered by the guest and the room can be rented to other guests due to the cancellation of the contractual partner. The burden of proof for savings lies with the contractual partner.

15.3 The contract with the accommodation provider ends upon the death of a guest.

15.4 If the accommodation contract is concluded for an indefinite period, the contracting parties may terminate the contract until 10:00 AM on the third day before the intended end of the contract.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for a good reason, especially if the contractual partner or the guest

a)    makes a significantly detrimental use of the premises or through his reckless, offensive, or otherwise grossly inappropriate behavior disturbs the coexistence with other guests, the owner, his staff, or third parties residing in the accommodation business or commits against these persons an act subject to penal provisions against property, decency, or physical safety;

b)    is afflicted by an infectious disease or a disease extending beyond the duration of the accommodation or otherwise becomes in need of care;

c)    does not pay the invoices presented by the due date within a reasonably set period (3 days).

15.6 If contract fulfillment becomes impossible due to an event that can be regarded as force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already deemed terminated by law, or the accommodation provider is exempt from his accommodation obligation. Any claims for damages, etc., from the contractual partner are excluded.


§ 16    Illness or Death of the Guest

16.1 If a guest falls ill during his stay in the accommodation business, the accommodation provider will arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider will also arrange for medical care without the guest's special request, particularly if this is necessary and the guest is not able to do so themselves.

16.2 As long as the guest is unable to make decisions or cannot contact the guest's relatives, the accommodation provider will arrange for medical treatment at the expense of the guest. However, the scope of these care measures ends when the guest is able to make decisions or the relatives have been informed of the illness.

16.3 The accommodation provider is entitled to claim compensation against the contractual partner and the guest or against their heirs for the following costs in particular:

a)    outstanding medical costs, costs for ambulance transport, medications, and healing aids;

b)    necessary room disinfection;

c)    unusable linen, bed linen, bedding, otherwise for the disinfection or thorough cleaning of all these items;

d)    restoration of walls, furnishings, carpets, etc., as far as these have been soiled or damaged in connection with the illness or death;

e)    room rent, as far as the room was utilized by the guest, plus any days of rooms' unavailability due to disinfection, evacuation, etc.;

f)    any other damages incurred by the accommodation provider.


§ 17    Place of Performance, Jurisdiction, and Choice of Law

17.1 The place of performance is the location where the accommodation business is situated.

17.2 This contract is governed by Austrian formal and substantive law, excluding the provisions of international private law (in particular IPRG and EVÜ) as well as UN Sales Law.

17.3 The exclusive place of jurisdiction in the case of a bilateral business transaction is the seat of the accommodation provider, who in addition is entitled to assert his rights at any other local and subject matter competent court.

17.4 If the accommodation contract is concluded with a contractual partner who is a consumer and has his residence or habitual residence in Austria, claims against the consumer may only be brought at the consumer's residence, habitual residence, or place of employment.

17.5 If the accommodation contract is concluded with a contractual partner who is a consumer and has his residence in a member state of the European Union (except Austria), Iceland, Norway, or Switzerland, the court that is locally and subjectively competent for the residence of the consumer is exclusively competent for claims against the consumer.


§ 18    Miscellaneous

18.1 Unless otherwise provided in the above provisions, the running of a deadline begins upon delivery of the document ordering the deadline to the contracting parties, which must observe the deadline. When calculating a deadline determined by days, the day on which the event or occurrence occurs that triggers the start of the deadline is not included. Deadlines determined by weeks or months refer to the day of the week or month that corresponds by its designation or number to the day from which the deadline is to be counted. If this day is missing in the month, the last day of that month shall apply.

18.2 Declarations must be received by the respective other contracting party on the last day of the deadline (24 hours).

18.3 The accommodation provider is entitled to set off claims of the contractual partner against his own claims. The contractual partner is not entitled to set off his own claims against the accommodation provider's claims unless the accommodation provider is insolvent or the contractual partner's claim has been judicially established or acknowledged by the accommodation provider.

18.4 In the event of gaps in the provisions, the corresponding statutory provisions shall apply.