General Terms and conditions
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB as amended on September 23, 198
1.1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.
§ 2 Definitions
- "Proprietor": is a natural or legal person who accommodates guests in return for payment.
- "Guest": is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) shall also be deemed to be guests.
- "Party": means a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.
- "Consumer" and "Entrepreneur": the terms shall be understood in the sense of the Consumer Protection Act 1979 as amended.
- "Accommodation Agreement": Shall mean the contract concluded between the Proprietor and the Party, the content of which shall be regulated in more detail below.
§ 3 Conclusion of the Agreement - Down Payment
3.1 The Accommodation Agreement shall be 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 ordinary circumstances and if they are received during the Proprietor's announced business hours.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.
3.3 The Party shall be obliged to pay the deposit no later than 7 days (received) prior to the Accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment on the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers a different occupancy time, the Party shall be entitled to occupy the rented rooms as of 4:00 p.m. of the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.
§ 5 Withdrawal from the Accommodation Agreement - Cancellation Fee Withdrawal by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to appear by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate the Guest unless a later date of arrival has been agreed.
5.3 If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In case of advance payment of more than four days, the accommodation obligation shall end at 6 p.m. of the fourth day, whereby the day of arrival shall be counted as the first day, unless the Guest gives notice of a later day of arrival.
5.4 The Proprietor may terminate the Accommodation Agreement by unilateral declaration no later than 3 months prior to the agreed date of arrival of the Party for objectively justified reasons, unless otherwise agreed. Withdrawal by the Party - Cancellation Fee
5.5 The Accommodation Agreement may be terminated by the Party by unilateral declaration no later than 3 months before the agreed date of arrival of the Guest without payment of a cancellation fee.5.6 Outside the period stipulated in § 5.5, cancellation by unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees:
- Up to 30 days before arrival: no cancellation fee
- Up to 1 week: 70 % of the agreed price
- From 1 week before arrival and in case of early departure: 90 % of the agreed price.
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Party shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially 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, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are usually and without special conditions accessible to the guests for use, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Duties of the contracting party
8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by the Party and/or the accompanying guests plus statutory VAT no later than at the time of departure.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the exchange rate of the day if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc. The Party shall be liable for any costs incurred in connection therewith.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor's services with the knowledge or will of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and 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 shall furthermore be entitled to 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 damages of any kind.
9.2 If service is requested in the room of the Party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.
§ 10 Duties of the Proprietor
10.1 The Proprietor shall be obliged to render the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor that are not included in the lodging fee and that are subject to the obligation to pay an extra charge are exemplary:a) special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;b) for the provision of extra beds or cribs a reduced price will be charged.
§ 11 Liability of the Proprietor for Damage to Items Brought in by the Party
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof, the Proprietor shall be liable for its own fault or the fault of its people as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to Section 970 (1) ABGB 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 fails to immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount in the event that it has taken over these items for safekeeping knowing their condition or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply 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 those usually given into safekeeping by guests of the accommodating establishment concerned.
11.5 In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred as of the time of knowledge thereof. Moreover, such claims shall be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.
§ 12 Limitation of liability
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.
§ 13 Keeping of animals
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, against special remuneration.
13.2 The Party bringing an animal shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its expense.
13.3 The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the Proprietor which the Proprietor is obliged to make to third parties.
13.5 Animals shall not be allowed to stay in the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of the accommodation
14.1 The Party shall not be entitled to have its 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 shall not be 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 shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to fully use the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement - Early Termination
15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of the term.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it saves as a result of the non-utilization of its service offer or what it has received by renting the ordered rooms to another party. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of the non-utilization of the rooms ordered by the guest and the room can be rented to additional guests due to the cancellation of the contract partner. The burden of proof of the savings shall be borne by the Contractual Partner.
15.3 The death of a Guest shall terminate 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 prior to the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guesta) makes a considerably disadvantageous use of the Premises or, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together with the other Guests, the Owner, his people or third parties residing in the accommodating establishment unpleasant or is guilty of a punishable offence against property, morality or physical safety towards these persons;b) is afflicted with a contagious disease or a disease that 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. acts of God, strike, lockout, official decrees, 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 shall be excluded.
§ 16 Illness or death of the Guest
16.1 If a Guest falls ill during his/her stay in the accommodating establishment, the Proprietor shall provide medical care upon request of the Guest. If there is imminent danger, the Proprietor shall arrange for medical care even without the Guest's special request, in particular 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 the relatives of the Guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the Guest. However, the scope of these care measures shall end 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 shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical expenses, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as they have been contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the premises were occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc,
f) any other damages incurred by the Proprietor.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This Agreement shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and UCC) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for lilateral business transactions shall be the registered office of the Proprietor, whereas the Proprietor shall also be 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 Agreement was concluded with a Party that is a consumer and has its place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court that is locally and factually competent for the place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who shall comply with the time limit. If a time limit is calculated on a daily basis, the day on which the date or the event occurs which is to determine the beginning of the time limit shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its name 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 shall be decisive.
18.2 Declarations shall be received by the other Party on the last day of the term (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against the Party's claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been determined by a court or acknowledged by the Proprietor.
18.4 In the event of any loopholes, the relevant statutory provisions shall apply.