Last revised on 15 November 2006
Table of Contents
Section 1 Scope
Section 2 Definitions
Section 3 Conclusion of contract – down payment
Section 4 Start and end of accommodation
Section 5 Withdrawal from the accommodation contract – cancellation fee
Section 6 Provision of alternative accommodation
Section 7 Rights of the contractual partner
Section 8 Obligations of the contractual partner
Section 9 Rights of the accommodation provider
Section 10 Obligations of the accommodation provider
Section 11 Liability of the accommodation provider for damage to personal items
Section 12 Disclaimer
Section 13 Pets
Section 14 Extension of accommodation
Section 15 Termination of the accommodation contract – premature dissolution
Section 16 Illness or death of the guest in the accommodation contract
Section 17 Place of performance, place of jurisdiction and governing law
Section 18 Other provisions
Section 19 Conditions of participation raffles
Section 1 Scope
1.1 These Allgemeine Geschäftsbedingungen für die Hotellerie (hereinafter referred to “AGBH 2006”) [General Terms and Conditions for the hotel industry] replace the previously applicable Österreichische Hotelvertragsbedingungen (ÖHVB) [Austrian Hotel Regulations] dated 23 September 1981.
1.2 The AGBH 2006 do not preclude special arrangements. The AGBH 2006 supplement any individual arrangements.
Section 2 Definitions
2.1 Definitions:
“Accommodation provider”: a natural or legal entity accommodating guests for a consideration. “Guest”: a natural entity taking advantage of accommodation. The guest is usually also the contractual partner. Guest also refers to such individuals as arrive with the contractual partner (e.g. family members, friends etc.). “Contractual partner”: a domestic or foreign natural or legal entity concluding an accommodation contract as guest or on behalf of a guest. “Consumer” and “entrepreneur”: these terms are to be interpreted within the meaning of the Konsumentenschutzgesetz [Austrian Consumer Protection Act] of 1979 as amended. “Accommodation contract” refers to the contract concluded between the accommodation provider and the contractual partner. The contents of an accommodation contract are hereinafter set out in greater detail.
Section 3 Conclusion of contract – Down payment
3.1 The accommodation contract takes effect upon the accommodation provider accepting the order of the contractual partner. Electronic declarations are deemed delivered, provided the designated party is able to retrieve them under ordinary circumstances and provided such declarations are received during the disclosed business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract under the condition that the contractual partner makes a down payment. In this case, the accommodation provider shall undertake to indicate the required down payment to the contractual partner before accepting the written or oral order submitted by the contractual partner. If the contractual partner agrees to the down payment (in written form or orally), the accommodation contract takes effect upon the accommodation provider receiving the declaration of consent for payment of the down payment from the contractual partner.
3.3 The contractual partner shall undertake to make the down payment no later than 7 days (receipt) prior to the provision of the accommodation. The expenses for the money transfer (e.g. remittance fees) shall be borne by the contractual partner. The corresponding terms of the card companies apply for credit and debit cards.
3.4 The down payment is a partial payment taken into account with regard to the agreed fee.
Section 4 Start and end of accommodation
4.1 The contractual partner has the right to move into the rented rooms from 04:00 p.m. on the agreed day (“day of arrival”), unless the accommodation offers an alternative time.
4.2 If a room is initially occupied prior to 06:00 a.m., the previous night is deemed the first overnight stay.
4.3 The rented rooms shall be vacated by the contractual partner by 12:00 noon on the day of departure. The accommodation provider is entitled to charge an additional day, if the rented rooms are not vacated in time.
Section 5 Withdrawal from the accommodation contract – cancellation fee, withdrawal of the accommodation provider
5.1 If the accommodation contract provides for a down payment and if the down payment was not made by the contractual partner in time, the accommodation provider may withdraw from the accommodation contract without a grace period.
5.2 If the guest did not arrive by 06:00 p.m. of the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival was agreed.
5.3 If the contractual partner made a down payment (see 3.3), the rooms in turn remain reserved, but no later than until 12:00 noon on the day following the agreed day of arrival. If more than four days are paid for in advance, the accommodation obligation ends by 06:00 p.m. of the fourth day, whereas the day of arrival is considered the first day of stay, unless the guest indicates a later day of arrival.
5.4 The accommodation contract may be terminated by the accommodation provider for objective reasons by unilateral declaration up to 3 months prior to the agreed day of arrival of the contractual partner, unless otherwise agreed on.
Withdrawal of the contractual partner – cancellation fee
5.5 The accommodation contract may be terminated by the guest without a cancellation fee by unilateral declaration no later than 29 days prior to the agreed day of arrival. The accommodation contract may be terminated free of any cancellation fees by the contractual partner by unilateral declaration, but no later than 3 months from the agreed day of arrival of the guest.
5.6 Outside of the period stipulated in Section 5.5, a withdrawal of the contractual partner by unilateral declaration is only possible subject to payment of the following cancellation fees:
- 25% of the total agreed price by 28 to 21 days before the date of arrival;
- 50% of the total agreed price by 20 to 14 days before the date of arrival;
- 80% of the total agreed price by 13 to 7 days before the date of arrival;
- 90% of the total agreed price within the last week preceding the date of arrival.
Obstructions of arrival
5.7 If the contractual partner is unable to arrive at the accommodation establishment on the day of arrival, as unpredictable extraordinary circumstances (such as extreme snow, flood etc.) preclude the contractual partner from arriving at the establishment, the contractual partner is not obliged to pay the agreed fee for the days leading up to the arrival.
5.8 The obligation to pay a fee for the booked stay is reinstated as soon as it is possible to reach the accommodation establishment again, provided is possible to reach the establishment within three days.
Section 6 Provision of alternative accommodation
6.1 The accommodation provider may furnish the contractual partner or the guests with adequate alternative accommodation (of the same quality), provided this is reasonable for the contractual partner, particularly provided the deviation is minor and objectively justified.
6.2 The requirements of an objective justification are for instance met, if the room (the rooms) became unusable, if guests already using the room (the rooms) extend their stay, if the accommodation establishment is overbooked or if other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.
Section 7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right of common use to the rented rooms, the facilities of the accommodation company, which are ordinarily available to the guests without special requirements, as well as the right of common service. The contractual partner shall exercise their rights in accordance with the applicable hotel and/or guest guidelines (house regulations).
Section 8 Obligations of the contractual partner
8.1 The contractual partner shall undertake to pay the agreed fee plus the applicable VAT plus any additional fees arising due to special services taken advantage of by them and/or any accompanying guests.
8.2 The accommodation provider is not obliged to accept foreign currency. If the accommodation provider accepts foreign currencies, they shall be accepted as payment at the current rate, if practical. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner shall bear any related expenses which are e.g. incurred by the retrieval of information from credit card companies, telegrams etc.
8.3 The contractual partner shall assume the liability towards the accommodation provider for any damage caused by them or by a guest or by other people receiving accommodation services to the knowledge of or as approved by the contractual partner.
Section 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to make the required payment or if they default on such payment, the accommodation provider has the statutory right of retention pursuant to Section 970 c of the Allgemeines Bürgerliches Gesetzbuch (ABGB) [Austrian General Civil Code] as well as the statutory right of lien pursuant to Section 1101 ABGB to the personal items of the contractual partner or the guest. This right of retention or right of lien is further available to the accommodation provider for the purpose of securing their claim arising from the accommodation contract, particularly for meals and other expenses incurred for the contractual partner, and for any compensation claims of any type.
9.2 If the contractual partner takes advantage of services in their room or at unusual times (past 08:00 p.m. and before 06:00 a.m.), the accommodation provider is entitled to charge a special fee, which must, however, be indicated on the price board located in the room. The accommodation provider may also refuse to render such services for operational reasons.
9.3 The accommodation provider has the right to a final billing or interim billing of their service at any time.
Section 10 Obligations of the accommodation provider
10.1 The accommodation provider shall undertake to render the agreed services in accordance with their standards.
10.2 Special services of the accommodation provider required to be indicated and not included in the accommodation fee include:
a) Special services of the accommodation, which may be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, solarium, garages etc.;
b) a reduced price is charged for the provision of additional beds or cots.
Section 11 Liability of the accommodation provider for damage to personal items
11.1 The accommodation provider assumes the liability for personal items of the contractual partner pursuant to Section 970 et seqq. ABGB. The accommodation provider shall only assume any liability, provided the items were handed over to the accommodation provider or to agents of the accommodation provider or transferred to a location indicated by them or designated for this purpose. If the accommodation provider cannot provide proof thereof, the accommodation shall be liable for their actual fault or for the fault of their employees as well as for the fault of individuals frequenting the accommodation establishment. Pursuant to Section 970 Paragraph 1 ABGB, the liability of the accommodation provider is limited to the amount indicated in the Bundesgesetz [Austrian Federal Law] dated 16 November 1921 as amended on the liability of innkeepers and other entrepreneurs. If the contractual partner or the guest does not meet the accommodation provider’s request to store their items in a special place of storage immediately, the accommodation provider does not assume any liability. The amount of any liability of the accommodation provider is limited to the liability insurance amount of the corresponding accommodation provider. A fault on part of the contractual partner or guest shall be taken into account.
11.2 The accommodation provider’s liability for slight negligence is excluded. If the contractual partner is an enterprise, the liability for gross negligence is excluded as well. In this case, the contractual partner must prove that a fault can be attributed. Consequential damage or indirect damage as well as unrealised profits shall under no circumstances be reimbursed.
11.3 The accommodation provider shall only assume the liability for valuables, money and securities up to an amount of currently EUR 550.00. The accommodation provider shall only assume any additional liability in excess of the aforementioned amount, provided they agreed to store the items while being aware of their nature or in case the damage was caused by the accommodation provider or by one of their employees. The limitation of liability pursuant to 12.1 and 12.2 applies correspondingly.
11.4 The accommodation provider may refuse storing valuables, money and securities, if the items in question are substantially more valuable than the items usually stored by guests of the corresponding accommodation establishment.
11.5 The liability for items provided for storage is in any case excluded, if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage incurred. Claims must be asserted by the contractual partner or guest before a court of law within three years from becoming aware of them or from the time when the contractual partner or guest could reasonably be expected to become aware of them, otherwise the claims are voided.
Section 12 Disclaimer
12.1 If the contractual partner is a consumer, the accommodation provider’s liability for slight negligence, except for personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contractual partner must prove that a fault can be attributed. Consequential damage, immaterial damage or indirect damage as well as unrealised profits shall not be reimbursed. The damage to be reimbursed is in any case limited to the damage incurred because the validity of the contract was relied on.
Section 13 Pets
13.1 Pets may only be brought to the accommodation establishment subject to the accommodation provider’s prior approval and in any case for an extra fee.
13.2 The contractual partner bringing a pet to the accommodation establishment shall undertake to keep or supervise the pet properly for the duration of the stay or have the pet kept or supervised by an appropriate third party.
13.3 The pet brought to the accommodation establishment by a contractual partner or guest must be covered by corresponding liability insurance for animals or by private liability insurance which also covers possible damage caused by animals. Proof of the corresponding insurance shall be provided at the request of the accommodation provider.
13.4 The contractual partner or their insurer shall be severally liable towards the accommodation provider for the damage caused by pets brought to the accommodation establishment. The damage in particular also covers such compensation of the accommodation provider as the accommodation provider is required to render towards third parties.
13.5 Pets are not allowed in the salons, lounges, restaurant rooms and wellness areas.
Section 14 Extension of accommodation
14.1 The contractual partner is not entitled to an extension of their stay. If the contractual partner states their request for an extension of stay in time, the accommodation provider may approve the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner is unable to leave the accommodation establishment on the day of departure, as all departure facilities are suspended or cannot be taken advantage of due to extraordinary circumstances (such as extreme snow, flood etc.), the accommodation contract is automatically extended for the duration of the obstruction. A discounted rate, if any, may only apply, provided the contractual partner is unable to fully take advantage of the services offered by the accommodation establishment due to extraordinary weather conditions. The accommodation provider is entitled to charge at least the fee usually charged in the off-season.
Section 15 Termination of the accommodation contract – premature dissolution
15.1 If the accommodation contract was concluded for a fixed term, it expires after expiry of the agreed term.
15.2 If the contractual partner departs earlier than scheduled, the accommodation provider is entitled to charge the agreed fee in full. The accommodation shall discount any amounts saved due to their service offer not being taken advantage of or any amounts received by renting the booked rooms otherwise. Savings are only established, if the accommodation establishment is at full capacity at the time the rooms booked by the guest are not used and if the rooms can be rented to other guests due to the cancellation of the contractual partner. The contractual partner is required to provide proof of the savings.
15.3 The death of a guest cancels the contract concluded with the accommodation provider.
15.4 If the accommodation contract was concluded for an indefinite term, the parties may terminate the contract by 10:00 a.m. of the third day prior to the intended expiry of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for cause, in particular if the contractual partner or guest a) causes the condition of the rooms to deteriorate substantially or makes living under one roof unreasonably difficult for the other guests, the proprietor, their employees or for any third parties living in the accommodation establishment by behaving in an inconsiderate, offensive or otherwise grossly inappropriate manner, or acts towards the aforementioned individuals in a manner subject to punishment by violating their property, disregarding decency or by endangering their physical safety;
b) is affected by a contagious disease or by a disease exceeding the duration of the stay, or becomes otherwise care-dependent;
c) does not pay the invoices supplied at maturity within a reasonable period (3 days).
15.6 If the contract cannot be executed due to a force majeure event (such as elementary events, strikes, lock-outs, administrative orders etc.), the accommodation provider may dissolve the accommodation contract at any time without notice, provided the contract is not already deemed dissolved by law, or if the accommodation provider is released from their obligation to accommodate the contractual partner or guest. Any claims for damages etc. of the contractual partner are excluded.
Section 16 Illness or death of the guest
16.1 If a guest becomes ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the request of the guest. In case of imminent danger, the accommodation provider shall also provide medical care without the request of the guest, particularly if necessary and if the guest is unable to.
16.2 The accommodation provider shall provide for medical treatment at the expense of the guest, as long as the guest is unable to make decisions or the relatives of the guest cannot be contacted. These care measures are, however, cancelled as soon as the guest is able to make decisions or the relatives were notified of the illness.
16.3 The accommodation provider is entitled to have the following costs reimbursed by the contractual partner and the guest, or in case of death by their legal successors:
a) outstanding doctor’s fee’s, patient transport expenses, medication and therapeutic aids,
b) required room disinfection,
c) laundry, linen and bed furniture no longer usable, otherwise for disinfecting or cleaning all these items thoroughly,
d) restoration of walls, furnishings, carpets etc. provided they were contaminated or damaged in connection with the illness or death,
e) room rent, provided the rooms were taken advantage of by the guest, plus any days during which the rooms were not fit for use due to disinfection, vacating measures etc.,
f) any other damage arising for the accommodation provider.
Section 17 Place of performance, place of jurisdiction and governing law
17.1 The place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian adjective and material law under the exclusion of the regulations of International Private Law (particularly Austrian International Private Law and the Convention on the Law Applicable to Contractual Obligations) as well as of UN Sales Law.
17.3 For bilateral business transactions, the registered office of the accommodation provider is the exclusive place of jurisdiction, whereas the accommodation provider is further entitled to assert their rights before any local competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence or habitual residence is in Austria, actions against the consumer may only be filed at the place of residence, at the habitual residence or at the place of work of the consumer.
17.5 If the accommodation contract was concluded with a contractual partner who is a customer and whose place of residence is in a member state of the European Union (except Austria), in Iceland, Norway or Switzerland, the local competent court with jurisdiction for the place of residence of the consumer has exclusive jurisdiction for any actions against the consumer.
Section 18 Other provisions
18.1 Unless otherwise provided for by the above provisions, deadlines start upon the document establishing the deadline being delivered to the contractual partners required to comply with the deadline. For calculating a deadline with a specific number of days, the day of the time or of the event the start of the deadline is to be based on, is not taken into account. Deadlines established by indicating a specific number of weeks or months refer to the day of the week or of the month which corresponds to the day on which the deadline begins and which is identified by name or by number. If the corresponding day is not part of the month, the last day of this month is relevant.
18.2 Declarations shall be delivered to the other contractual partner by the last day of the deadline (by midnight).
18.3 The accommodation provider is entitled to offset the claims of the contractual partner against their own claims. The contractual partner is not entitled to offset the claims of the accommodation provider against their own claims, unless the accommodation provider is solvent or the claim of the contractual partner is determined by a court of law or acknowledged by the accommodation provider.
18.4 The applicable statutory provisions apply in case of any regulatory gaps.
