GENERAL TERMS AND CONDITIONS
Version dated 15.11.2006
- § 1 Scope
- § 2 Definitions of terms
- § 3 Conclusion of contract – deposit
- § 4 Start and end of accommodation
- § 5 Withdrawal from the accommodation agreement - cancellation fees
- § 6 Provision of substitute accommodation
- § 7 Rights of the contractual partner
- § 8 Obligations of the contractual partner
- § 9 Rights of the accommodator
- § 10 Obligations of the accommodator
- § 11 Liability of the accommodator for damage to property brought in
- § 12 Limitations of liability
- § 13 Keeping of animals
- § 14 Extension of accommodation
- § 15 Termination of the accommodation agreement - early termination
- § 16 Illness or death of the guest during the accommodation agreement
- § 17 Place of fulfilment, place of jurisdiction and choice of law
- § 18 Miscellaneous
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous Austrian Hotel Contract Conditions (ÖHVB) provisions in the version of September 23rd, 1981.
1.2. The AGBH 2006 do not exclude special agreements. The AGBH 2006 shall be subsidiary to agreements made on an individual basis.
§ 2 Definitions of terms
2.1 Definitions of terms:
"Accommodator": Is a natural or legal person who accommodates guests in return for payment. “Guest”: Is a natural person who occupies accommodation. The guest is usually also the contractual partner. Guests are also those persons who travel with the contractual partner (e.g. family members, friends, etc.). “Contractual partner” Is a natural or legal person in Austria or abroad who concludes an accommodation agreement as a guest or for a guest. "Consumer" and "entrepreneur": The terms should be understood in the sense of the Consumer Protection Act 1979 as amended. “Accommodation agreement”: Is the contract concluded between the accommodator and contractual partner, the content of which is subsequently regulated in more detail.
§ 3 Conclusion of contract – deposit
3.1 The accommodation agreement shall be deemed concluded when the accommodator accepts the order of the contractual partner. Electronic declarations shall be deemed to have been received if the party to whom they are intended is able to retrieve them under normal circumstances and access is gained during the accommodator's published business hours.
3.2 The accommodator is entitled to conclude the accommodation agreement on the condition that the contractual partner makes a deposit in the amount of 40% of the booking total after the booking has been made. The accommodator is obliged in this case to inform the contractual partner of the required deposit prior to accepting the written or verbal order of the contractual partner. If the contractual partner agrees to the deposit (in writing or verbally), the accommodation agreement shall come into force upon receipt by the accommodator of the declaration of acceptance for payment of the deposit by the contractual partner.
3.3 The contractual partner is obliged to pay the deposit within 7 days (directly) following completion of the booking. The costs for transferring the funds (e.g. transfer charges) shall be borne by the contractual partner. Payment made by credit or debit card is subject to the terms and conditions of the respective card issuer.
3.4 The deposit is a partial payment on the agreed fee.
§ 4 Start and end of accommodation
4.1 The contractual partner is entitled to occupy the rented room(s) from 4:00 PM on the agreed day ("day of arrival") if the accommodator does not indicate any other occupancy time.
4.2 If a room is occupied prior to 6:00 AM in the morning for the first time, the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 10:00 AM on the day of departure. The accommodator is entitled to charge an additional day if the rented rooms have not been vacated in due time.
§ 5 Withdrawal from the accommodation agreement - cancellation fees, withdrawal by the accommodator
5.1 If the accommodation agreement stipulates a deposit and if the deposit has not been paid by the contractual partner in due time, the accommodator may withdraw from the accommodation agreement without setting a period of grace.
5.2 If the guest does not arrive by 6 PM on the agreed arrival day, there is no obligation to keep the accommodation free unless a later arrival time has been agreed.
5.3 If the contractual partner has paid a deposit (see 3.3), the room(s) shall be reserved until midnight on the agreed day of arrival at the latest.
5.4 The accommodation agreement may be terminated by the accommodator for reasons that are objectively justified up to 3 months before the agreed arrival date of the contractual partner at the latest, unless otherwise agreed, by unilateral declaration.
Withdrawal by the contractual partner - cancellation fees
5.5 The accommodation agreement can be cancelled by the contractual partner by unilateral declaration up to 90 days before the agreed arrival date of the guest at the latest without payment of a cancellation fee.
5.6 A withdrawal of the contractual partner by unilateral declaration outside the period specified in § 5.5. is only possible with the payment of the following cancellation fees:
From 90 days prior to arrival you pay 40% of the order amount.
- From 30 days prior to arrival 70% of the order amount.
- From 7 days prior to arrival 90% of the order amount.
- 100% of the order amount on the day of arrival and in case of non-arrival.
Prevention from arrival
5.7 If the contractual partner is unable to arrive at the place of accommodation on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.) rendering all travel options impossible, the contractual partner shall not be obliged to pay the agreed remuneration for the date of arrival.
5.8 The obligation to pay remuneration for the booked stay is reinstated starting from the possibility of arrival if this becomes possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The accommodator may provide the contractual partner and/or the guests with adequate substitute accommodation (of the same quality) if this can be reasonably expected of the contractual partner, especially if such a discrepancy is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already staying there choose to extend their stay, there is an overbooking, or other important operational measures that make this step necessary.
6.3 Any possible extra costs for the substitute accommodation are to be assumed by the accommodator.
§ 7 Rights of the contractual partner
7.1 The contractual partner shall be entitled to the usual use of the rented rooms, the facilities of the accommodation, which are usually accessible to the guests for use without special conditions, and to the standard services when concluding an accommodation agreement. The contractual partner shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by themselves and/or their accompanying guests, plus statutory value-added tax, at the latest at the time of departure.
8.2 The accommodator is not obliged to accept foreign currencies. Foreign currencies which are accepted by the accommodator will be accepted as payment at the daily exchange rate to the extent possible. Where the accommodator does accept foreign currencies or non-cash means of payment, the contractual partner shall bear all related costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contractual partner shall be liable to the accommodator for any damage caused by them or the guest or other persons who accept services of the accommodator with the knowledge or will of the contractual partner.
§ 9 Rights of the accommodator
9.1 If the contractual partner refuses to pay the agreed fees or is in arrears with payment, the accommodator is entitled to the legal right of retention in accordance with § 970c ABGB as well as the legal lien on the items brought in by the contractual partner or the guest in accordance with § 1101 ABGB. This right of retention or lien shall also apply to the accommodator to secure any claims arising from the accommodation agreement, in particular for catering, other expenses incurred for the contractual partner and for any claims for compensation of any kind.
9.2 If service is requested either in the room of the contractual partner or at unusual times (after 8:00 PM and before 6:00 AM), the accommodator is entitled to charge a special supplement for such a service. However, this special supplement must be indicated on the room price board. The accommodator may also refuse such services for operational reasons.
9.3 The accommodator shall be entitled to issue invoices or interim invoices for their services at any time.
§ 10 Obligations of the accommodator
10.1 The accommodator is obliged to provide the agreed services to an appropriate standard.
§ 11 Liability of the accommodator for damage to property brought in
11.1 The accommodator shall be liable for the items brought along by the contractual partner in accordance with §§ 970 ff. ABGB. The accommodator shall only be liable if the items have been handed over to the accommodator or to persons authorised by the accommodator or are deposited in a place indicated or designated by them for this purpose. If the accommodator is unable to provide proof of this, the accommodator shall be liable for their own fault or their staff or that of the outgoing or incoming persons. The accommodator shall be liable to the extent of the amount stipulated in the Federal Act dated November 16th, 1921 on the Liability of Innkeepers and Other Entrepreneurs, in the respective current version, in accordance with § 970 Para. 1 ABGB. If the contractual partner or guest fails to comply with the request of the accommodator to deposit their items at a specific depository without delay, the accommodator shall be released from any liability. The amount of any liability of the accommodator shall be limited to a maximum of the liability insurance sum of the respective accommodator. Any fault of the contractual partner or guest must be taken into account.
11.2 The accommodator's liability for minor negligence is excluded. Liability for gross negligence is also excluded if the contractual partner is an entrepreneur. In this case, the burden of establishing guilt shall be on the contractual partner. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
11.3 The accommodator shall only be liable for valuables, money and securities up to the amount of €550 at the present time. The accommodator shall only be liable for any further damage in the event that they have taken over these items for safekeeping with knowledge of their condition or in the event that the damage was caused by themselves or one of their employees. The limitation of liability in accordance with 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The accommodator may refuse to keep valuables, money and securities in safe custody if the items are significantly more valuable than those usually handed over by the guests of the accommodation.
11.5 Liability for the safekeeping assumed shall in any case be excluded, if the contractual partner and/or guest fails to notify the accommodator immediately after they have learned about the damage. Any such claims must also be asserted by the contractual partner or guest in court within three years of becoming aware or possibly becoming aware of them; otherwise the right shall lapse.
§ 12 Limitations of liability
12.1 If the contractual partner is a consumer, the accommodator's liability for minor negligence is excluded, with the exception of personal injury.
12.2 If the contractual partner is an entrepreneur, the accommodator's liability for minor and gross negligence is excluded. In this case, the burden of establishing guilt shall be on the contractual partner. Consequential, immaterial or indirect damages 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 the injured party had in the existence of the contract.
§ 13 Keeping of animals
13.1 Pets are not allowed in our hotels!
§ 14 Extension of accommodation
14.1 The contractual partner has no right to have their stay extended. If the contractual partner gives timely notice of their wish to extend the stay, the accommodator may consent to the extension of the accommodation agreement. The accommodator is under no obligation to do so.
14.2 If the contractual partner cannot leave the place of accommodation on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding etc.) rendering all travel options impossible, the accommodation agreement shall be automatically extended for the duration that the departure remains impossible. Any reduction of the remuneration for this period shall only be possible if the contractual partner is unable to make full use of the services offered by the accommodation due to the exceptional weather conditions. The accommodator is entitled to demand remuneration corresponding to the price usually charged for the accommodation.
§ 15 Termination of the accommodation agreement - early termination
15.1 The accommodation agreement, if concluded for a specific period of time, shall end upon expiry of that period.
15.2 If the contractual partner leaves early, the accommodator is entitled to demand the full agreed fee. The accommodator is obliged to deduct what they have saved as a result of non-use of the services offered or what they have obtained by renting the rooms ordered to other parties. Any such savings shall only be deemed to have been made if the accommodation is fully occupied at the time when the guest does not make use of the room(s) they have ordered and the room(s) can be rented to other guests due to the cancellation by the contractual partner. The burden of proof of the savings shall be borne by the contractual partner.
15.3 The agreement with the accommodator ends with the death of a guest.
15.4 If the accommodation agreement has been concluded for an indefinite period of time, the parties are entitled to terminate the agreement by 10:00 AM of the third day before the intended end of the agreement.
15.5 The accommodator is entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contractual partner or guest
a) makes use of the rooms in a considerably disadvantageous way, or if the contractual partner or the guest spoils the stay of other guests, disturbs the owner, their staff or third parties living in the accommodation due to their ruthless, offensive or otherwise grossly improper conduct, or if the contractual partner or the guest is guilty of a punishable act against property, morality or the physical safety against these persons;
b) suffers of a contagious disease or a disease the duration of which exceeds the duration of the booked stay or otherwise requires care;
c) fails to settle the invoices presented when they become payable within a reasonably set period (3 days).
15.6 If the fulfilment of the agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. natural disasters, strike, lockout, official orders etc.), the accommodator is entitled to terminate the accommodation agreement at any time without giving prior notice unless the agreement is already deemed terminated by law or the accommodator is released of their obligation to provide accommodation. Any claims for damages etc. of the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation, the accommodator shall arrange for medical care at the request of the guest. If danger is imminent, the accommodator shall arrange for medical care even without the specific request of the guest, especially if this is necessary and the guest themselves is not in a position to arrange this themselves.
16.2 Until the guest is able to make decisions or for as long as the relatives of the guest can not be contacted, the accommodator will arrange for medical treatment at the expense of the guest. The extent of such care measures shall end, however, as soon as the guest is able to make decisions or the relatives have been notified of the case of illness.
16.3 The accommodator shall be entitled to damages from the contractual partner and guest or, in the event of their death, their successors for the following expenses in particular:
a) unsettled medical costs, costs for ambulance transport, drugs and medical aids,
b) necessary room disinfection,
c) laundry, bed linen and bed fittings which have become unusable, otherwise for disinfection or thorough cleaning of all such items,
d) restoration of walls, furnishings, carpets, etc., in so far as these were contaminated or damaged in connection with the illness or death,
e) room rent, if the guest has made use of the room, plus any days on which the room(s) was unusable due to disinfection, evacuation or the like,
f) any other damage incurred by the accommodator.
§ 17 Place of fulfilment, place of jurisdiction and choice of law
17.1 The place of fulfilment shall be the where the accommodation is located.
17.2 This agreement is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular 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 shall be the registered office of the accommodator, whereby the accommodator shall also be entitled to assert their rights at any other local and competent court.
17.4 If the accommodation agreement has been concluded with a contractual partner who is a consumer who has their place of residence or habitual abode in Austria, legal action against the consumer can only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation agreement has been concluded with a contractual partner who is a consumer who has their place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court responsible for the consumer's place of residence shall have exclusive jurisdiction for legal actions against the consumer on a local and material level.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being served to the contractual partner who is obliged comply with such a time limit. Where a period is calculated on the basis of days, the day on which the time or event on which the beginning of the period is to be determined falls shall not be counted. Periods that are determined by weeks or months refer to the day of the week or month that corresponds to the day from which the period is to be counted by its designation or number. Where this day is missing in that month, the last day of that month shall be decisive.
18.2 Declarations must have been received by the other contractual party on the last day of the period (by midnight).
18.3 The accommodator is entitled to offset their own claims against the claims of the contractual partner. The contractual partner is not entitled to offset their own claims against claims of the accommodator, unless the accommodator is insolvent or the claim of the contractual partner has been legally established or recognised by the accommodator.
18.4 The corresponding statutory provisions shall apply in the case of loopholes.