Terms and Conditions

Section 1    Scope of Application

1.1    These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version dated 23 September 1981.
1.2    The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.


Section 2    Definitions

2.1    Definitions:
"Accommodation Provider": Means a natural or legal person who accommodates guests for remuneration.
"Guest": Means a natural person who makes use of accommodation. As a rule, the Guest is also the contracting partner. Guests also include those persons who arrive with the contracting partner (e.g. family members, friends, etc.).
 
"Contracting Partner": Means a natural or legal person in Austria or abroad who concludes an accommodation contract as a Guest or for a Guest.
 
"Consumer" and "Entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
 
"Accommodation Contract": Means the contract concluded between the Accommodation Provider and the Contracting Partner, the content of which is regulated in more detail below.
 

Section 3    Conclusion of Contract – Down Payment

3.1    The Accommodation Contract is concluded upon acceptance of the Contracting Partner’s booking by the Accommodation Provider. Electronic declarations are deemed to have been received when the party for whom they are intended can access them under normal circumstances, and receipt occurs during the designated business hours of the Accommodation Provider.
3.2    The Accommodation Provider is entitled to conclude the Accommodation Contract on the condition that the Contracting Partner makes a down payment. In this case, the Accommodation Provider is obliged to inform the Contracting Partner of the required down payment before accepting the Contracting Partner's written or verbal booking. If the Contracting Partner agrees to the down payment (written or verbal), the Accommodation Contract is concluded upon receipt of the declaration of consent concerning the payment of the down payment of the Contracting Partner by the Accommodation Provider.

3.3    The Contracting Partner is obliged to pay the down payment (received) no later than the deadline specified in the offer. The costs for the financial transaction (e.g. bank transfer fees) shall be borne by the Contracting Partner. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4    The down payment is a partial payment of the agreed fee.


Section 4    Start and End of Accommodation

4.1    Unless the Accommodation Provider offers another check-in time, the Contracting Partner has the right to occupy the rented rooms from 4:00 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 preceding night shall count as the first overnight stay.
4.3    The rented rooms must be vacated by the Contracting Partner by 12:00 noon on the day of departure. The Accommodation Provider is entitled to charge for an additional day if the rented rooms are not vacated on time.


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

5.1    If the Accommodation Contract provides for a down payment and the down payment was not made by the Contracting Partner in a timely manner, the Accommodation Provider may withdraw from the Accommodation Contract without setting 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 arrival time has been agreed.
5.3    If the Contracting Partner has made a down payment (see 3.3), the rooms shall remain reserved until 12:00 noon of the day following the agreed day of arrival at the latest. In the event of prepayment for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the day of arrival counting as the first day, unless the Guest announces a later day of arrival.
5.4    Up to 3 months before the agreed day of arrival of the Contracting Partner at the latest, the Accommodation Contract may be dissolved by the Accommodation Provider by unilateral declaration for objectively justified reasons, unless otherwise agreed.

Cancellation by the Contracting Partner – Cancellation Fee

5.5    Up to 3 months before the agreed day of arrival of the Guest at the latest, the Accommodation Contract may be dissolved by unilateral declaration by the Contracting Partner without payment of a cancellation fee.
5.6    Outside the period specified in Section 5.5, cancellation by unilateral declaration of the Contracting Partner is only possible upon payment of the following cancellation fees:

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

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

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

5.7    If the Contracting Partner cannot appear at the accommodation establishment on the day of arrival because all arrival routes are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Contracting Partner is not obliged to pay the agreed fee for the days of arrival.
5.8    The obligation to pay the fee for the booked stay resumes as soon as arrival becomes possible again, provided that arrival becomes possible within three days.


Section 6    Provision of Alternative Accommodation

6.1    The Accommodation Provider may provide the Contracting Partner or the Guests with adequate alternative accommodation (of the same quality) if this is reasonable for the Contracting Partner, particularly if the difference is minor and objectively justified.
6.2    Objective justification is given, for example, if the room(s) has (have) become unusable, guests who are already accommodated 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.


Section 7    Rights of the Contracting Partner

7.1    By concluding an Accommodation Contract, the Contracting Partner acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are customarily accessible to guests for use without special conditions, and to customary service. The Contracting Partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).


Section 8    Obligations of the Contracting Partner

8.1    The Contracting Partner is obliged to pay the agreed fee plus any additional amounts that have arisen due to separate use of services by them and/or the guests accompanying them, plus statutory value added tax, no later than the time of departure.
8.2    The Accommodation Provider is not obliged to accept foreign currencies. If the Accommodation Provider accepts foreign currencies, these will be taken in payment at the daily exchange rate as far as practicable. Should the Accommodation Provider accept foreign currencies or cashless means of payment, the Contracting Partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3    The Contracting Partner is liable to the Accommodation Provider for any damage caused by them or the Guest or other persons who, with the knowledge or will of the Contracting Partner, receive services from the Accommodation Provider.


Section 9    Rights of the Accommodation Provider

9.1    If the Contracting Partner refuses to pay the agreed fee or is in arrears with it, the Accommodation Provider is entitled to the statutory right of retention in accordance with Section 970c of the Austrian General Civil Code (ABGB) as well as the statutory right of pledge in accordance with Section 1101 ABGB on the items brought in by the Contracting Partner or the Guest. Furthermore, the Accommodation Provider has this right of retention or pledge to secure their claims arising from the Accommodation Contract, in particular for catering, other expenses incurred for the Contracting Partner, and for any claims for compensation of any kind.
9.2    If room service is requested in the Contracting Partner’s room or at exceptional times of day (after 8:00 p.m. and before 6:00 a.m.), the Accommodation Provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price board. The Accommodation Provider may also refuse these services for operational reasons.
9.3    The Accommodation Provider is entitled to invoice or provisionally invoice their services at any time.


Section 10    Obligations of the Accommodation Provider

10.1 The Accommodation Provider is obliged to provide the agreed services to an extent corresponding to their standard.
10.2 Special services of the Accommodation Provider that are subject to compulsory labeling and are not included in the accommodation fee are, by way of example:

a)    Special accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;

b)    a reduced price will be charged for the provision of extra beds or children's cots.


Section 11    Liability of the Accommodation Provider for Damage to Items Brought In

11.1 The Accommodation Provider is liable in accordance with Sections 970 et seq. ABGB for items brought in by the Contracting Partner. The Accommodation Provider's liability only exists if the items have been handed over to the Accommodation Provider or to people authorized by the Accommodation Provider, or have been brought to a place instructed or designated for this purpose by them. Unless the Accommodation Provider succeeds in proving otherwise, the Accommodation Provider is liable for their own fault or the fault of their people, as well as accessing and departing persons. In accordance with Section 970 (1) ABGB, the Accommodation Provider is liable up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the Liability of Innkeepers and other Entrepreneurs, as amended from time to time. If the Contracting Partner or the Guest does not immediately comply with the Accommodation Provider's request to deposit their items 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 a maximum of the liability insurance sum of the respective Accommodation Provider. Contributory negligence of the Contracting Partner or Guest must be taken into account.

11.2 The Accommodation Provider's liability is excluded for slight negligence. If the Contracting Partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the Contracting Partner bears the burden of proof for the existence of fault. Consequential damages, indirect damages, or lost profits will not be compensated under any circumstances.

11.3 For valuables, money, and securities, the Accommodation Provider is only liable up to the current amount of € 550.00. The Accommodation Provider is only liable for any damage exceeding this amount if they accepted these items for safekeeping with knowledge of their nature, or in the event that the damage was caused by themselves or one of their people. The limitation of liability in accordance with 12.1 and 12.2 applies mutatis mutandis.

11.4 The Accommodation Provider may refuse to keep valuables, money, and securities if they are significantly more valuable objects than guests of the accommodation establishment in question usually place in safekeeping.

11.5 In any case of accepted safekeeping, liability is excluded unless the Contracting Partner and/or Guest reports the damage to the Accommodation Provider immediately upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of knowledge or possible knowledge by the Contracting Partner or Guest; otherwise, the right is forfeited.


Section 12    Limitations of Liability

12.1 If the Contracting Partner is a consumer, the Accommodation Provider's liability for slight negligence, with the exception of personal injury, is excluded.

12.2  If the Contracting Partner is an entrepreneur, the Accommodation Provider's liability for slight and gross negligence is excluded. In this case, the Contracting Partner bears the burden of proof for the existence of fault. Consequential damages, non-material damages, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.


Section 13    Keeping of Animals

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the Accommodation Provider and, if applicable, against a special fee.

13.2 The Contracting Partner who takes an animal with them is obliged to properly keep or supervise this animal during their stay, or to have it kept or supervised by suitable third parties at their own expense.

13.3 The Contracting Partner or Guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of the corresponding insurance must be provided upon request of the Accommodation Provider.

13.4 The Contracting Partner or their insurer are jointly and severally liable to the Accommodation Provider for the damage caused by animals brought along. In particular, the damage also includes those compensation payments that the Accommodation Provider is obliged to provide to third parties.

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


Section 14    Extension of Accommodation

14.1 The Contracting Partner has no claim to have their stay extended. If the Contracting Partner requests an extension of the stay in good time, the Accommodation Provider may agree to the extension of the Accommodation Contract. The Accommodation Provider is under no obligation to do so.

14.2 If the Contracting Partner cannot leave the accommodation establishment on the day of departure because all departure routes are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the Contracting Partner cannot fully use the offered services of the accommodation establishment due to the extraordinary weather conditions. The Accommodation Provider is entitled to charge at least the fee corresponding to the price usually charged in the low season.


Section 15    Termination of the Accommodation Contract – Premature Dissolution

15.1 If the Accommodation Contract was concluded for a definite term, it ends upon expiry of the term.

15.2 If the Contracting Partner departs prematurely, the Accommodation Provider is entitled to demand the full agreed fee. The Accommodation Provider will deduct what they saved as a result of the non-use of their service offer or what they received by renting the ordered rooms to other parties. Savings only exist if the accommodation establishment is fully occupied at the time of the non-use of the rooms ordered by the Guest and the room can be rented to other guests due to the cancellation of the Contracting Partner. The burden of proof for the savings lies with the Contracting Partner.

15.3 The contract with the Accommodation Provider ends upon the death of a Guest.

15.4 If the Accommodation Contract was concluded for an indefinite period, the contracting parties may dissolve the contract by 10:00 a.m. 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 good cause, particularly if the Contracting Partner or the Guest

a)    makes a significantly detrimental use of the rooms or, through their inconsiderate, offensive, or otherwise grossly improper behavior, makes staying together unpleasant for the other guests, the owner, their people, or third parties staying in the accommodation establishment, or commits a punishable act against property, morality, or physical safety towards these persons;

b)    is afflicted with an infectious disease or an illness that exceeds the duration of the accommodation, or otherwise becomes in need of care;

c)    fails to pay the submitted bills when due within a reasonably set period (3 days).

15.6 If the performance of the contract becomes impossible due to an event to be considered force majeure (e.g. natural disasters, 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 dissolved by law or the Accommodation Provider is released from their obligation to provide accommodation. Any claims for damages, etc. by the Contracting Partner are excluded.


Section 16    Illness or Death of the Guest

16.1 If a Guest falls ill during their stay at the accommodation establishment, the Accommodation Provider will arrange for medical care at the Guest's request. If there is danger in delay, the Accommodation Provider will arrange for medical care even without the Guest's special request, particularly if this is necessary and the Guest is unable to do so themselves.

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 informed of the illness.

16.3 The Accommodation Provider has claims for compensation against the Contracting Partner and the Guest or, in the event of death, against their legal successors, in particular for the following costs:

a)    outstanding medical costs, costs for patient transport, medication, and medical aids;

b)    necessary room disinfection;

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

d)    restoration of walls, furniture, carpets, etc., as far as these were contaminated or damaged in connection with the illness or death;

e)    room rent, as far as the room was occupied by the Guest, plus any days of unusability of the rooms due to disinfection, clearing, etc.;
f)    any other damages incurred by the Accommodation Provider.


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

17.1 The place of performance is the place where the accommodation establishment is located.

17.2 This contract is subject to formal and material Austrian law, excluding the rules of international private law (esp. IPRG and EVÜ) and UN Sales Law.

17.3 The exclusive place of jurisdiction in bilateral business-to-business transactions is the registered office of the Accommodation Provider, whereby the Accommodation Provider is also entitled to assert their rights before any other locally and objectively competent court.

17.4 If the Accommodation Contract was concluded with a Contracting Partner who is a consumer and has their 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 Partner who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court that is locally and objectively competent for the consumer's domicile for actions against the consumer shall have exclusive jurisdiction.


Section 18    Miscellaneous

18.1 Unless the above provisions provide otherwise, a period starts with the delivery of the document setting the period to the Contracting Partner who has to observe the period. When calculating a period determined by days, the day in which the time or event falls, of which the start of the period is to be based, is not included. Periods determined by weeks or months refer to that day of the week or month which, by its name or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of this month is decisive.

18.2 Declarations must be received by the respective other Contracting Partner on the last day of the period (12:00 midnight).

18.3 The Accommodation Provider is entitled to offset their own claims against claims of the Contracting Partner. The Contracting Partner is not entitled to offset their own claims against claims of the Accommodation Provider, unless the Accommodation Provider is insolvent or the Contracting Partner's claim has been established by court order or recognized by the Accommodation Provider.

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