1 Scope of Application
1.1 These General Terms and Conditions applicable for the Austrian hotel industry (hereinafter referred to as „AGBH 2006“) shall replace the former Austrian Hotel Contract Conditions, i.e. the ÖHVB as amended on 23rd September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006
shall be subsidiary to agreements made in detail on an individual basis.
2 Definitions of Terms
2.1 Definitions of Terms:
„Accommodation Provider“: Means an individual or a legal person who provides accommodation for guests against payment of a remuneration.
„Guest“: Shall mean a natural person making use of an accommodation. The guest is usually also the contractual partner. Guests shall be deemed to be also those persons arriving together with the Contractual Partner (e.g. family members, friends etc.). „Contractual Partner“: Shall mean any domestic or foreign individual or legal entity who concludes an accommodation contract either as a Guest or for a Guest. „Consumer“ and „Entrepreneur“: The terms shall be construed and interpreted within the meaning of the Austrian Consumer Protection Act of 1979 (Konsumentenschutzgesetz) and apply in their respective valid version. „Accommodation Contract“: Shall mean the contract concluded between the Accommodation Provider and the Contractual Partner, the content of which is set out and specified in the following Terms and Conditions.
3 Conclusion of the Contract – Down Payment
3.1 The Accommodation Contract shall be deemed concluded upon the acceptance of the Contractual Partner’s order by the Accommodation Provider. Any statements or declarations submitted in electronic form shall be deemed as received, if the party for whom they are destined is able to retrieve them under normal circumstances and the access to the same is made possible at the published business hours of the Accommodation Provider.
3.2 The Accommodation Provider shall be entitled to conclude the accommodation contract under the condition of a down payment to be made by the Contractual Partner. In this case, the Accommodation Provider shall be obliged to point out the required down payment to the Contractual Partner prior to the acceptance of the written or oral order by the Contractual Partner. If the Contractual Partner agrees to the down payment (either in writing or orally), then the accommodation contract shall be deemed entered into force upon receipt of the declaration of consent on the payment of the deposit expressed by the Contractual Partner towards the Accommodation Provider.
3.3 The Contractual Partner shall be obliged to make the down payment at least 7 days (receipt with the Accommodation Provider)prior to the availment of the accommodation at the latest. Any costs which may incur for the financial transaction (e.g. transfer fees) shall be borne by the Contractual Partner. In respect of credit and debit payment cards, the respective terms and conditions set out by the payment cards companies shall apply accordingly.
3.4 . The down payment shall be deemed a partial payment on the agreed remuneration.
4 Start and End of the Accommodation
4.1 Unless the Accommodation Provider offers any other time of occupancy, the Contractual Partner shall be entitled to move into the rented rooms from 04.00 pm on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 06.00 am, then the preceding night shall count as the first overnight stay.
4.3 The rented rooms must be vacated by the Contractual Partner on the day of departure by 12.00 noon. The Accommodation Provider shall be entitled to invoice an additional day, if the rented rooms have not been vacated at due date.
4.4 Check-out: After your stay we kindly ask you to leave the room until 10 o’clock.
5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal expressed by the Accommodation Provider
5.1 In cases where the accommodation contract provides for a down payment and the down payment was not made in time by the Contractual Partner, the Accommodation Provider shall be entitled to withdraw from the accommodation contract without having to grant any grace period.
5.2 If the guest fails to arrive by 06.00 pm on the agreed date of arrival, no accommodation obligation shall be deemed to exist, unless a later arrival time was mutually agreed.
5.3 If the Contractual Partner has made a down payment (see point 3.3), then the booked rooms of the accommodation facilities shall remain reserved until 12.00 noon on the day following the agreed date of arrival at the latest. In case of a down payment of more than four days, the accommodation obligation shall be deemed to end from 06.00 pm of the fourth day onwards, whereby the day of arrival shall be deemed to be calculated as the first day, unless the guest indicates a later date of arrival.
5.4 Up to three months at the latest before the agreed arrival date of the Contractual Partner, the accommodation contract may be cancelled and dissolved by the Accommodation Provider through unilateral statement, for objectively justified reasons, unless otherwise agreed. Withdrawal expressed by the Contractual Partner – Cancellation Fee
5.5 Up to three months at the latest before the agreed arrival date of the guest, the accommodation contract may be dissolved and cancelled by the Contractual Partner through unilateral statement without the payment of a cancellation fee.
5.6 Outside the period of time specified in clause 5.5., a withdrawal expressed through unilateral statement by the Contractual Partner shall only be possible under the condition of payment of the following cancellation fees:
All information relate to the total price.
Up to 30 days before date of travel: 10%
Between 29 and 20 days before date of travel: 25%
Between 19 and 10 days before date of travel: 50%
Between 9 and 4 days before date of travel: From the third day before date of travel: 85%
For cancellations, please send an email containing your booking number to firstname.lastname@example.org.
Prevention from arrival
5.7 . If the Contractual Partner is prevented from arriving at the lodging establishment on the date of arrival as this is made impossible for all travel options due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.), the Contractual Partner shall not be obliged to pay the agreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that such possibility arises again within three days.
6 Provision of a substitute accommodation
6.1 The Accommodation Provider may make available an adequate substitute accommodation (of the same quality) to the Contractual Partner or the guests, provided that the same is reasonable for the Contractual Partner, particularly if the difference is insignificant and objectively justified.
6.2 A factual justification shall be deemed to be given, if the room (the rooms) has (have) become unusable or already resident guest(s) extend(s) their stay or other operational measures of important nature give rise to this step.
6.3 Any additional costs arising for the substitute accommodation shall be borne by the Accommodation Provider.
7 Rights of the Contractual Partner
7.1 Through the conclusion of the Accommodation Contract, the Contractual Partner shall acquire the right of the common use of the reserved rooms, the facilities of the lodging establishment which are accessible to the guests and may be used by them without any special conditions, and the common services. The Contractual Partner shall exercise its rights in accordance with applicable hotel and/or guest guidelines (rules of the house).
8 Obligations of the Contractual Partner
8.1 The Contractual Partner shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Contractual Partner and/or accompanying guests plus any applicable VAT by the date of departure at the latest.
8.2 The Accommodation Provider shall not be obliged to accept foreign currencies. If the Accommodation Provider accepts foreign currencies, then the same shall be used for the payment as far as possible at the current exchange rate. If the Accommodation Provider accepts foreign currencies or non-cash payment methods, then the Contractual Partner shall bear the total costs related therewith, e.g. inquiries which may become necessary with credit card companies, telegrams etc.
8.3 The Contractual Partner shall be liable towards the Accommodation Provider for any damage caused by the Contractual Partner, the guest or any other persons who may avail themselves of the Accommodation Provider’s services with knowledge or willingness of the Contractual Partner.
9 Rights of the Accommodation Provider
9.1 If the Contractual Partner refuses to pay or is in arrears with the agreed remuneration, then the Accommodation Provider shall be entitled to make use of the legal right of retention pursuant to Article 970c of the Austrian ABGB (Austrian Civil Code) as well as the statutory right of lien in accordance with Article 1101 of ABGB with respect to the items brought along by the Contractual Partner or the guest. Furthermore, the Accommodation Provider shall be entitled to make use of this right of retention or right of lien in order to secure its claims under the Accommodation Contract, particularly for catering, other expenses made for the Contractual Partner and for any kind of damage claims.
9.2 If services are requested in the Contractual Partner’s room or during unusual times (after 08.00 pm or before 06.00 am), then the Accommodation Provider shall be entitled to charge an extra fee for the same. Such extra fee must, however, be indicated on the price board of the room. The Accommodation Provider may also refuse to perform these requested services for operational reasons.
9.3 The Accommodation Provider shall be entitled to issue invoices or interim invoices for its services at any time.
10 Obligations of the Accommodation Provider
10.1 The accommodation provider shall be obliged to perform the agreed services to an extent that complies with its standards.
10.2 Special services of the Accommodation Provider subject to price labelling, that are not included in the lodging remuneration, are for example:
- a) Special services of accommodation that can be charged separately, e.g. provision of drawing-rooms, sauna, indoor swimming pool and outdoor pool, solarium, parking garage etc.;
- b) A reduced price shall be charged for the provision of additional beds or children’s beds.
11 Accommodation Provider’s liability for damage to items brought along
11.1 The Accommodation Provider shall be liable for the items brought along by the Contractual Partner in accordance with Article 970 et seqq. of ABGB (the Austrian Civil Code). The Accommodation Provider shall only be held liable, if the items have been handed over to the Accommodation Provider or the persons authorised by the Accommodation Provider or deposited in a place assigned by such or intended for such purpose. If the Accommodation Provider fails to furnish proof, then the Accommodation Provider shall be held liable for its own fault or its staff’s or agents’ fault or that of the outgoing or incoming persons. The Accommodation Provider shall be liable at most up to the amount stipulated in the Austrian Federal Act of 16thNovember 1921 on the Liability of Innkeepers and other Entrepreneurs in the respective applicable version in accordance with Article 970 para 1 of ABGB. If the Contractual Partner or guest fails to immediately comply with the Accommodation Provider’s request to deposit their items in a special place of safe-keeping, then the Accommodation Provider shall be released from any liability. The amount of any liability of the Accommodation Provider shall be limited to a maximum of the sum insured under the third-party liability insurance of such Accommodation Provider. Any fault of the Contractual Partner or guest shall be taken into account. 11.2 Any liability of the Accommodation Provider for slight negligence shall be excluded. If the Contractual Partner is an entrepreneur, then the liability shall also be excluded for gross negligence. In such case, the burden of proof to show the fault shall lie with the Contractual Partner. Consequential damage or indirect damage as well as lost profits shall under no circumstances be indemnified.
11.3 The Accommodation Provider shall currently assume liability for valuables, money and securities only up to a maximum amount of EUR 550. The Accommodation Provider shall assume liability for any damage going beyond the aforementioned amount only if he had taken these items with the knowledge of their condition into his safekeeping or if the damage was caused by himself or by one of his employees. The limitation of liability pursuant to clause 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Accommodation Provider shall be entitled to refuse the safe-keeping of valuables, money and securities, if the items are significantly more valuable than those usually handed over for safe-keeping by the guests of the lodging establishment.
11.5 Liability for the safe-keeping assumed shall be excluded in any case, if the Contractual Partner and/or guest fails to notify the Accommodation Provider of the damage incurred immediately after he has learned about the same. Furthermore, such claims must be asserted in court within a period of three years from their knowledge or possible knowledge by the Contractual Partner or guest; otherwise, the right shall become extinct.
12 Limitation of Liability
12.1 If the Contractual Partner is a consumer, then the Accommodation Provider’s liability for slight negligence, with the exception of personal injuries, shall be excluded. 12.2 If the Contractual Partner is an entrepreneur, the Accommodation Provider’s liability for slight and gross negligence shall be excluded. In such case, the burden of proof to show the fault shall lie with the Contractual Partner. Consequential damage, non-material damage or indirect damage as well as lost profits shall not be indemnified. The damage to be compensated shall in any case have its limits in the amount of the injured party’s interest due to reliance on trustworthiness.
13 Keeping of animals and pets
13.1 Animals and pets may only be brought into the lodging establishment after prior consent of the Accommodation Provider has been obtained and in any case against an extra remuneration. 13.2 Any Contractual Partner bringing along an animal shall be obliged to keep the animal safe and supervise it properly during his or her stay or to have it kept safe or supervised by qualified third parties at his/her own expense.
13.3 The Contractual Partner and/or guest bringing along an animal or pet shall be obliged to have a corresponding animal liability insurance and/or personal liability insurance taken out that covers any potential damage caused by animals. Proof of the respective insurance policy must be furnished upon the Accommodation Provider’s request.
13.4 The Contractual Partner and/or its insurance company shall be held jointly and severally liable towards the Accommodation Provider for any damage caused by animals that are brought along to the lodging establishment. The damage shall particularly also include any compensation to be paid by the Accommodation Provider to third parties.
13.5 Pets are not allowed in the lounges, the public areas, restaurant areas and wellness zones.
14 Extension of the accommodation stay
14.1 The Contractual Partner is not entitled to any prolongation of its stay. If the Contractual Partner has expressed its request for an extension of the stay in time, then the Accommodation Provider may agree to a prolongation of the Accommodation Contract. However, the above clause shall not create any obligation for the Accommodation Provider in this regard.
14.2 If the Contractual Partner is prevented from leaving the lodging establishment on the date of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.) which make all departure options impossible or unusable, then the Accommodation Contract shall be automatically extended for the duration of the departure’s impossibility. A reduction of the remuneration for this period of time shall only be possible, if the Contractual Partner cannot make full use of the offered services of the lodging establishment as a result of the extraordinary weather conditions. The Accommodation shall be entitled to claim at least the remuneration which would correspond to the invoiced price in the off-peak season.
15 Termination of the Accommodation Contract – Premature Dissolution
15.1 If the accommodation contract was concluded for a definite period of time, it shall end upon expiry of that period/it shall end through time lapse.
15.2 If the Contractual Partner departs prematurely, then the Accommodation Provider shall be entitled to claim the full and total agreed remuneration of the booked stay. The Accommodation Provider shall deduct that part of the total remuneration which he saves as a result of non-availment of its scope of services or what he has obtained by renting the reserved rooms to other guests. Such saving shall only be deemed to exist, if the capacities of the accommodation establishment are fully used upon the guest’s non-availment of the booked rooms and the rooms can be let to other guests as a result of the Contractual Partner’s cancellation. The burden of proof with regard to the saving shall lie with the Contractual Partner.
15.3 Upon the death of a guest, the contract concluded with the Accommodation Provider shall be terminated.
15.4 If the accommodation contract was concluded for an indefinite period of time, then the contracting parties may dissolve the contract until 10.00am of the third day preceding the intended contractual end.
15.5 The Accommodation Provider shall be entitled to dissolve the Accommodation Contract with immediate effect for an important reason, in particular if the Contractual Partner and/or the Guest
- a) does use the rooms in a considerably disadvantageous way or spoils the stay of the other guests by his ruthless, indecent or even impertinent behaviour, or becomes guilty of a punishable action against property, morality or physical security committed against the Accommodation Provider or his staff or a third party living in the lodging establishment;
- b) becomes infested by a contagious disease or a disease going beyond the duration of the agreed accommodation period or in need of care;
- c) fails to pay the invoices presented to him/her upon request at the due date within a reasonably fixed period of time (3 days).
15.6 If the performance of the Contract becomes impossible due to circumstances to be deemed force majeure (e.g. elementary events, Acts of God, strike, lookout, official orders by authorities etc.), then the Accommodation Provider shall be entitled to dissolve the Accommodation Contract at any time without giving prior notice unless the Contract is already deemed terminated under the law or the Accommodation Provider is released from its accommodation obligation. Any claims for damages etc. by the Contractual Partner shall be excluded.
16 Sickness or death of the guest
16.1 If a guest falls sick during his/her stay at the lodging establishment, the Accommodation Provider shall arrange for medical care upon the guest’s request. In the event of imminent danger, the Accommodation Provider shall also 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 take decisions or the Guest’s family or relatives cannot be contacted, the Accommodation Provider shall arrange for medical care at the Guest’s expense. However, the extent of such care shall end as soon as the Guest is able to make decisions again or the family and relatives have been informed about the sickness.
16.3 The Accommodation Provider shall be entitled to compensation claims towards the Contractual Partner and the Guest or, in the event of death, their legal successor, for the following costs:
- a) unsettled medical expenses and doctor’s fees, costs for ambulance transports and medical aids
- b) payment for any necessary room disinfection,
- c) possible compensation for any laundry, bed linen and bed furniture that have become unusable or, where necessary, the disinfection or thorough cleaning of all these items,
- d) for the restoration of walls, furniture, carpets etc. as far as they became soiled or damaged in connection with the illness or death,
- e) For the room rent as far as the room was occupied by the guest plus any days of potential unavailability of the rooms due to disinfection, eviction etc.,
- f) for any other damage that might incur to the Accommodation Provider.
17 Place of Performance, Jurisdiction, Legal Venue and Choice of Law
17.1 The place of performance shall be deemed to be the place where the lodging establishment is based.
17.2 . This Contract shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (in particular the Austrian IPRG and the Rome Convention of 1980, Convention on the law applicable to contractual obligations) as well as the UN Sales Convention, i.e. CISG.
17.3 The exclusive place of jurisdiction in the bilateral entrepreneurship business transaction shall be deemed to be the business seat of the Accommodation Provider, whilst the Accommodation Provider shall, furthermore, be entitled to assert its rights also before any other local court having competent jurisdiction over the subject-matter.
17.4 If the Accommodation Contract was concluded with a Contractual Partner who is a consumer and has its residence or habitual abode in Austria, then any legal actions may be lodged against the consumer exclusively at the consumer’s place of residence, habitual abode or place of employment.
17.5 If the Accommodation Contract has been concluded with a Contractual Partner who is a consumer and has its residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, then the competent court having local jurisdiction over the subject-matter at the consumer’s place of residence shall be exclusively responsible for any legal actions brought against the consumer.
18.1 Unless otherwise specified in the above provisions, any time-limits allowed shall commence upon delivery of a document by which such time-limit is set and instructed to the Contractual Partner who must comply with the fixed period of time. When calculating a time-limit based on days, the day falling on the point of time or event to which the start of the time-limit refers shall not be included in the calculation. Any time-limits based on weeks or months shall refer to those days of the week or of the month which corresponds by its name or number to the day from which the time-limit shall be counted. Where such a day does not occur in that month, the last day of that month shall be deemed to be relevant in this regard.
18.2 Statements and declarations must be received by the respective other Contracting Party on the last day of the fixed period of time (at midnight).
18.3 The Accommodation Provider shall be entitled to offset claims made by the Contractual Partner against its own claims. The Contractual Partner shall not be entitled to offset own claims against claims made by the Accommodation Provider, unless the Accommodation Provider has become insolvent or the Contractual Partner’s claim has been ascertained by a court decision or the same has been acknowledged by the Accommodation Provider.
18.4 In case of any gaps in the provisions of these General Terms and Conditions, the respective statutory rules and regulations shall apply accordingly.
Applicable as of 20th September 2018