Table of Contents:
§ 1 Scope
§ 2 Definitions of terms
§ 3 Conclusion of contract – down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider
§ 11 Liability of the accommodation provider for damage to items brought in
§ 12 Limitations of Liability
§ 13 Animal husbandry
§ 14 Extension of accommodation
§ 15 Termination of the Accommodation Contract – Early Termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Miscellaneous
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter
“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 in contrast to agreements made in detail
subsidiary.
§ 2 Definitions:
2.1 Definitions:
“Accommodation provider” means a natural or legal person,
which accommodates guests for a fee.
“Guest”: means a natural person who provides accommodation
The guest is usually
are also contractual partners. Guests are also
those persons who are in contact with the contractual partner
arriving (e.g. family members, friends, etc.).
“Contractual partner”: Is a natural or legal person
from home or abroad, who are a guest or for
a guest an accommodation contract
completes.
“Consumer” and “entrepreneur”:The terms are in the sense of
Consumer Protection Act 1979 as amended
understand.
“Accommodation contract”: is the contract between the accommodation provider and the
Contract concluded between the contracting parties, whose
Content will be regulated in more detail below.
§ 3 Conclusion of contract – down payment
3.1 The accommodation contract is concluded by the acceptance of the order of the
contractual partner by the accommodation provider. Electronic declarations
are deemed to have been received if the party to whom they are intended has received them
ordinary circumstances, and access to the known
given business hours of the accommodation provider.
3.2 The accommodation provider is entitled to terminate the accommodation contract under the
condition that the contractual partner makes a down payment.
In this case, the accommodation provider is obliged to confirm the written confirmation before accepting the
or oral order of the contracting party, the contracting party to the
If the contracting party agrees to the
down payment (written or verbal), the
Accommodation contract with receipt of the declaration of consent regarding the
payment of the deposit by the contractual partner to the accommodation provider.
3.3 The contracting party is obliged to pay the deposit no later than 7 days
(received) before accommodation. The costs for the
Money transactions (e.g. transfer fees) are borne by the contractual partner.
For credit and debit cards, the respective terms and conditions of the
card company.
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, if the Accommodation Provider does not provide any other
time of occupancy, the rented rooms from 4 p.m. on the agreed day
(“arrival date”).
4.2 If a room is used for the first time before 6:00 a.m.,
the previous night counts as the first overnight stay.
4.3 The rented rooms are to be vacated by the Contracting Party on the day of departure
by 12:00 noon. The accommodation provider is entitled to request an additional
day if the rented rooms are not returned on time
are cleared.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the
If the down payment is not made by the contracting party on time, the
Accommodation providers may withdraw from the accommodation contract without notice.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival day,
There is no obligation to provide accommodation, unless a later
arrival time was agreed.
5.3 If the contracting party has made a down payment (see 3.3),
However, the premises must be vacated by 12:00 noon on the agreed
The reservation is reserved for the day following the day of arrival. For advance payment of more than four
days, the obligation to provide accommodation ends at 6 p.m. on the fourth day, whereby the
The day of arrival is counted as the first day, unless the guest gives a
later arrival date announced.
5.4 No later than 3 months before the agreed arrival date of the
Contractual partner, the accommodation contract can be terminated by the accommodation provider,
for objectively justified reasons, unless otherwise agreed
agreed, can be terminated by unilateral declaration.
Withdrawal by the contractual partner – cancellation fee
5.5 Cancellations may be made no later than 3 months before the agreed arrival date of the guest.
the accommodation contract without payment of a cancellation fee by
unilateral declaration by the contractual partner
5.6 Outside the period specified in § 5.5., withdrawal by
unilateral declaration by the contractual partner only possible upon payment of the following cancellation fees:
- up to 1 month before the arrival date 40% of the total arrangement price;
- up to 1 week before the arrival date 70% of the total arrangement price;
- in the last week before the arrival date 90% of the total arrangement price.
up to 3 months3 months to 1 month1 month to 1 weekIn the last weekno cancellation fees40%70%90%
obstacles to travel
5.7 If the Contracting Party cannot be present at the
accommodation establishment appear because of unforeseeable
exceptional circumstances (e.g. extreme snowfall, flooding, etc.)
all means of travel are impossible, the contracting party 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 expires
The possibility of arrival is restored if the arrival is within three days
becomes possible again.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party or the guests with an adequate
Provide alternative accommodation (of the same quality) if this is
contractual partner is reasonable, especially if the deviation is minor
and is objectively justified.
6.2 An objective justification exists, for example, if the
Room(s) has become unusable, guests already accommodated
extend their stay, there is overbooking or other important
operational measures require this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the
accommodation provider.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the
Contracting party the right to the usual use of the rented premises,
the facilities of the accommodation establishment, which are usually and without
special conditions are available for use by guests, and on the
usual service. The contracting party has his rights according to any
Hotel and/or guest policies (house rules)
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to provide the agreed amount at the latest at the time of departure
the agreed fee plus any additional amounts that may arise due to
separate use of services by him and/or the
accompanying guests plus statutory VAT
pay.
8.2 The accommodation provider is not obliged to accept foreign currencies.
If the accommodation provider accepts foreign currencies, these will be
accepted at the current exchange rate. Should the accommodation provider accept foreign currencies
or accept cashless payment methods, the contracting party shall bear all
related costs, such as inquiries at
credit card companies, telegrams, etc.
8.3 The Contractual Partner shall be liable to the Accommodation Provider for any damage,
which he or the guest or other persons who with the knowledge or consent of the
Contractual partner accepts services from the accommodation provider.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or
If he is in arrears, the accommodation provider is entitled to the statutory
Right of retention according to § 970c ABGB and the statutory lien
pursuant to § 1101 ABGB to the contractual partner or the guest
This right of retention or lien is available to the accommodation provider
furthermore to secure his claim from the accommodation contract,
in particular for meals, other expenses incurred by the contracting party
made and for any claims for compensation of any kind.
9.2 If the service is provided in the room of the contracting party or
exceptional times of the day (after 8:00 p.m. and before 6:00 a.m.),
the accommodation provider is entitled to charge a special fee for this. This
However, any special charges must be indicated on the room price list.
The accommodation provider may also refuse these services for operational reasons.
refuse.
9.3 The accommodation provider has the right to invoice or
interim settlement of his performance.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services in a
to provide the service in accordance with its standards.
10.2 Special services provided by the accommodation provider that are not included in the
Examples of accommodation fees that are included are:
a) Special accommodation services which are invoiced separately
such as the provision of salons, sauna, indoor swimming pool,
Swimming pool, solarium, garage, etc.;
b) For the provision of extra beds or children's beds, a reduced
price calculated.
§ 11 Liability of the accommodation provider for
Damage to items brought in
11.1 The accommodation provider is liable according to §§ 970 ff ABGB for the contractual partner
brought items. The accommodation provider’s liability only exists if
if the items are handed over to the accommodation provider or to persons authorized by the accommodation provider
or to a place designated or specified by them
If the accommodation provider is unable to provide proof, he is liable
the accommodation provider for his own fault or the fault of his
People as well as the people entering and leaving the accommodation. The accommodation provider is liable according to
§ 970 para. 1 ABGB up to the maximum period specified in the Federal Law of 16 November
1921 on the liability of innkeepers and other entrepreneurs in the respective
The amount specified in the applicable version. If the contracting party or the
Guest at the request of the accommodation provider to leave his belongings at a special
If the accommodation provider does not immediately provide the information required to deposit the luggage at the designated storage location, the accommodation provider is released from any liability. The maximum amount of any liability of the accommodation provider is the
Liability insurance sum of the respective accommodation provider.
The fault of the contractual partner or guest must be taken into account.
11.2 The accommodation provider’s liability is excluded for slight negligence.
If the contractual partner is an entrepreneur, liability is also assumed for gross
Negligence is excluded. In this case, the contracting party shall bear the
Burden of proof for the existence of fault. Consequential damages or indirect
Damages and lost profits will not be compensated under any circumstances.
11.3 The accommodation provider is only liable for valuables, money and securities up to
to the amount of currently € 550. The accommodation provider is liable for any
damages only in the event that he has knowledge of these things
their nature for safekeeping or in the event that
the damage was caused by himself or one of his people. The
Limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The safekeeping of valuables, money and securities may be entrusted to
Accommodation providers may refuse to accept items of much greater value
acts as guests of the accommodation establishment in question usually in
provide safekeeping.
11.5 In any case of assumed storage, the liability
excluded if the contracting party and/or guest has not
Damage is not reported to the accommodation provider immediately after becoming aware of it.
These claims must be made within three years of knowledge or possible
knowledge by the contractual partner or guest to assert it in court;
otherwise the right is extinguished.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the liability of the accommodation provider
for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the liability of the
Liability for minor and gross negligence is excluded. In this
In this case, the contractual partner bears the burden of proof of fault.
Consequential damages, intangible damages or indirect damages as well as lost
Profits will not be reimbursed. The damage to be compensated will in any case be
its limit in the amount of the trust interest.
§ 13 Animal husbandry
13.1 Animals may only be brought with the prior consent of the accommodation provider and
possibly for a special fee in the accommodation facility
be brought
13.2 The contracting party who takes an animal with him is obliged to take this animal
to keep it properly during his stay or to
supervise it or have it stored by suitable third parties at his own expense
or to have it supervised.
13.3 The contracting party or guest who brings an animal with them must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of the relevant insurance must be provided upon request from the accommodation provider.
13.4 The Contractual Partner or his insurer shall be liable to the Accommodation Provider
to the undivided hand for the damage caused by animals brought along
The damage includes in particular the compensation provided by the
accommodation provider, which the accommodation provider must provide to third parties.
13.5 In the salons, social rooms, restaurant rooms and wellness areas
Animals are not allowed to stay.
§ 14 Extension of accommodation
14.1 The contracting party has no right to have his stay extended. If the contracting party announces his wish to extend his stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is not obliged to do so.
14.2 If the contracting party cannot leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party cannot fully use the services offered by the accommodation facility due to the exceptional 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 specific period of time, it shall end upon expiry of the period of time.
15.2 If the contracting party leaves early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what it has saved as a result of the non-use of its services or what it has received by renting the booked rooms to someone else. Savings only exist if the accommodation facility is fully booked at the time the room booked by the guest is not used and the room can be rented to other guests due to the contracting party's cancellation. The burden of proof of savings lies with 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,
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 good cause, in particular if the
contractual partner or the guest
- makes significantly detrimental use of the premises or, through his reckless, offensive or otherwise grossly inappropriate behaviour, makes living together unpleasant for the other guests, the owner, his staff or third parties staying in the accommodation facility or is guilty of a punishable act against property, morality or physical safety towards these persons;
- is affected by a contagious disease or an illness that extends beyond the duration of the accommodation or otherwise requires care;
- the invoices presented are not paid when due within a reasonable period of time (3 days)
15.6 If the performance of the contract is prevented by an event deemed to be force majeure
Event (e.g. natural disasters, strikes, lockouts, official
orders etc.) becomes impossible, the accommodation provider can
Terminate the accommodation contract at any time without notice
, unless the contract is already deemed to be terminated under the law, or the
The accommodation provider is released from his obligation to provide accommodation. Any claims for
Damages etc. by 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 facility,
The accommodation provider will arrange for medical care at the guest’s request.
If there is imminent danger, the accommodation provider will provide medical care even without
special request of the guest, especially if
this is necessary and the guest is not able to do so himself.
16.2 As long as the guest is not able to make decisions or
If relatives of the guest cannot be contacted, the accommodation provider
provide medical treatment at the guest’s expense. The extent of this
However, the care measures end at the time when the guest
can make decisions or inform relatives of the illness
have been notified.
16.3 The accommodation provider has a duty to the contracting party and the guest or
in the event of death against their legal successors, in particular for the following costs
Claims for compensation:
- outstanding medical costs, costs for medical transport, medication and medical devices
- necessary room disinfection,
- unusable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,
- Restoration of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with the illness or death,
- Room rent, insofar as the room was used by the guest, plus any days the room was unusable due to disinfection, evacuation, etc.,
- 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 place where the accommodation facility is located.
17.2 This contract is governed by Austrian formal and substantive law
excluding the rules of private international law
(in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral business transactions is
the registered office of the accommodation provider, whereby the accommodation provider is also entitled
his rights with any other local and competent
to assert in court.
17.4 If the accommodation contract was concluded with a contracting party who
Consumer and has his residence or habitual abode in
Austria has closed, lawsuits can be brought against the consumer
exclusively at the place of residence, habitual residence or
place of employment of the consumer.
17.5 If the accommodation contract was concluded with a contracting party who
Consumer and resident in a Member State of the European
Union (except Austria), Iceland, Norway or Switzerland,
is the place of residence of the consumer for actions against the consumer
The locally and substantively competent court shall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless otherwise provided for in the above provisions, the
The expiry of a time limit upon delivery of the document ordering the time limit to the
Contractual partner who has to observe the deadline. When calculating a deadline,
which is determined by days, the day in which
the time or event after which the beginning of the period
Deadlines set after weeks or months refer to
those days 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 in the month, the last day of that month shall apply.
18.2 Declarations must be submitted to the other contracting party on the last day
the deadline (midnight).
18.3 The accommodation provider is entitled to demand payment of the contracting party
own claims. The contracting party is not entitled to
to offset their own claims against the claims of the accommodation provider, unless
if the accommodation provider is insolvent or the claim of the
contractual partner has been established by a court or has been acknowledged by the accommodation provider.
18.4 In the event of any regulatory gaps, the relevant statutory provisions shall apply.
provisions.
