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1.1 These General Terms and Conditions for the Hotel Sector (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.
3.1 The Accommodation Agreement is concluded upon the Proprietor’s acceptance of the Party’s order. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the Proprietor’s published business hours.
3.2 The Proprietor is entitled to conclude the Accommodation Agreement on the condition that the Party makes a deposit. In such case, the Proprietor is obliged to inform the Party of the required deposit before accepting the written or verbal order of the Party. If the Party agrees to the deposit (in writing or verbally), the Accommodation Agreement is concluded upon receipt by the Proprietor of the Party’s declaration of consent to the payment of the deposit.
3.3 The Party is obliged to pay the deposit. The Party bears the costs of the money transaction (e.g. transfer charges). For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The deposit is a partial payment of the agreed fee.
4.1 Unless the Proprietor offers a different time of occupancy, the Party is entitled to check into the rented rooms from 4.00 p.m. on the agreed day (“day of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms have to be released by the Party by 10.30 a.m. on the day of departure. The Proprietor is entitled to charge for an additional day if the rented rooms are not released in due time.
5.1 If the Accommodation Agreement provides for a deposit and if the Party has not paid the deposit in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to arrive by 6 p.m. on the agreed date of arrival, the Proprietor is not obliged to accommodate the Guest unless a later date of arrival has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the premises remain reserved until 12.00 noon on the following day of the agreed day of stay at the latest. If more than four days have been paid in advance, the obligation to provide accommodation ends 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 Proprietor may cancel the Accommodation Agreement by unilateral declaration for objectively justified reasons no later than 3 months before the agreed date of arrival of the Party, unless it has been agreed otherwise.
Cancellation by the Party – Cancellation Fee
5.5 The Party may cancel the Accommodation Agreement without payment of a cancellation fee by unilateral declaration no later than 3 months before the agreed date of arrival of the Guest.
5.6 Outside the period specified in § 5.5, cancellation by unilateral declaration by the Party is only possible upon payment of the following cancellation fees:
Impediments to arrival
5.7 If the Party is not able to arrive at the accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Party is not obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay comes into effect again from the time of arrival if the arrival becomes possible again within three days.
6.1 The Proprietor is entitled to provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular 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, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation are at the expense of the Proprietor.
7.1 By concluding an Accommodation Agreement, the Party acquires the right to the customary use of the rented rooms, the facilities of the accommodation, which are usually and without special conditions accessible for the use of the guests, and to the customary service. The Party is obliged to exercise its rights in accordance with any hotel and/or guest regulations (house rules).
8.1 The Party is obliged to pay the agreed remuneration plus any additional amounts due to the separate use of services by the Party and/or the accompanying guests plus statutory VAT by the time of departure at the latest.
8.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these will be accepted in payment at the rate of exchange prevailing at the time of payment. If the Proprietor accepts foreign currencies or cashless means of payment, the Party will bear all related costs, such as enquiries with credit card companies, telegrams, etc. The Party concerned is obliged to pay all costs incurred by the Proprietor in connection with the acceptance of foreign currencies or cashless means of payment.
8.3 The Party is liable to the Proprietor for any damage caused by the Party or the Guest or any other person who accepts the Proprietor’s services with the knowledge or will of the Party.
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor is 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 furthermore has this right of retention or lien to secure its claim under 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 Party’s room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor is entitled to charge a special fee for this. However, this extra charge has to be indicated on the room rate card. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor is entitled to invoice or interim invoice its services at any time.
10.1 The Proprietor is obliged to provide the agreed services to an extent corresponding to his standard.
10.2 Special services of the Proprietor which are not included in the accommodation fee and which are subject to a charge are exemplary:
11.1 The Proprietor is liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor is only 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 furnish proof, the Proprietor is 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 is 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 safekeeping, the Proprietor is released from any liability. The amount of any liability of the Proprietor is limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the Party or Guest has to be taken into account.
11.2 The Proprietor is not liable for slight negligence. If the Party is an Entrepreneur, liability is also excluded for gross negligence. In this case, the Party bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The Proprietor is liable for valuables, money and securities only up to the amount of currently € 550. The Proprietor is liable for any damage exceeding this amount only in the event that the Proprietor took over these items for safekeeping knowing their condition or in the event that the damage was caused by the Proprietor himself/herself or one of his/her staff. The limitation of liability according to 12.1 and 12.2 applies 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 the items usually given into safekeeping by the Guests of the accommodating establishment concerned.
11.5 In any case of assumed safekeeping, liability is excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred upon becoming aware thereof. Moreover, such claims may be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right expires.
12.1 If the Party is a consumer, the Proprietor may not be held liable for slight negligence, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor is not liable for slight and gross negligence. In this case, the Party bears 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.
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if applicable, against special remuneration.
13.2 If the Party brings an animal, it is obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
13.3 The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance must be provided at the request of the Proprietor.
13.4 The Party or its insurer may be held jointly and severally liable vis-à-vis the Proprietor for any damage caused by animals brought along by the Party. The damage also includes, in particular, those compensation services of the Proprietor which the Proprietor is obliged to render to third parties.
13.5 Animals are not allowed in the lounges, public rooms, restaurant rooms and wellness areas.
14.1 The Party is not 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 is not obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only 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 Proprietor is entitled to demand at least the remuneration that corresponds to the price usually charged in the low season.
15.1 If the Accommodation Agreement was concluded for a definite period of time, it ends upon expiry of the term.
15.2 If the Party departs prematurely, the Proprietor is entitled to claim the full agreed remuneration. The Proprietor deducts what he saves as a result of the non-utilisation of his services or what he has saved by renting the booked rooms to other parties. Savings are only 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 further guests due to the cancellation of the contracting party. The burden of proof of the savings lies with the contracting party.
15.3 The death of a Guest terminates the Agreement with the Proprietor.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement until 10.00 a.m. of the third day before the intended end of the Agreement.
15. 5. The Proprietor is entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest a) makes a considerably disadvantageous use of the rooms or, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together with the other Guests, the Owner, his staff or third parties residing in the accommodating establishment unpleasant or commits a punishable offence against property, morality or physical safety towards these persons; b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation 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. natural disasters, 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 are excluded.
16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor is obliged to provide medical care upon the Guest’s request. In case of imminent danger, the Proprietor will 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 not able to make decisions or the relatives of the Guest cannot be contacted, the Proprietor will provide medical treatment at the expense of the Guest. However, the scope of these care measures ends 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 is entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
17.1 The place of performance is the place where the accommodating establishment is located.
17.2 This Agreement is governed by 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 is the registered office of the Proprietor, whereby the Proprietor is also entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has his place of residence 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 place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.
18.1 Unless the above provisions provide otherwise, the running of a time limit begins with the 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 is not included in the calculation. 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 in this month is decisive.
18.2 Declarations have to be received by the other Party on the last day of the term (midnight).
18.3 The Proprietor is entitled to set off its own claims against the Party’s claims. The Party is not entitled to set off its own claims against the Proprietor’s claims unless the Proprietor is insolvent or the Party’s claim has been determined by a court or recognised by the Proprietor.
18.4 In the event of any loopholes, the relevant statutory provisions apply.
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