1.Scope

1.1.These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.

1.2.The AGBH 2006 do not preclude special agreements. The AGBH 2006 are subsidiary to agreements made on a case-by-case basis.

 

2.Definitions of Terms

“Accommodation provider”:

A natural or legal person who provides lodging to guests in exchange for payment.

“Guest”: A natural person who makes use of lodging services. The guest is generally also a contracting party. Persons traveling with the contracting party (e.g., family members, friends etc.).

“Contracting Party”: A natural or legal person, whether domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Business Operator”: These terms are to be understood within the meaning of the Consumer Protection Act of 1979 as amended.

“Accommodation Contract”: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set forth in more detail below.

 

3.Contract Conclusion – Down Payment

3.1. The lodging contract is concluded upon acceptance of the contracting party’s order by the lodging provider. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and receipt occurs during the accommodation provider’s published business hours. accommodation provider.

3.2. The accommodation provider is entitled to enter into the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated, prior to accepting the contracting party’s written or oral order, contracting party, to inform the contracting party of the required deposit. If the contracting party agrees to the deposit (in writing or orally), the lodging contract is concluded upon receipt by the accommodation provider.

3.3.The contracting party is obligated to pay the deposit no later than 7 days (receipt date) prior to the stay. The costs of the money transfer (e.g., transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card issuers apply.

3.4.The down payment is a partial payment toward the agreed-upon fee.

 

4.Start and End of Accommodation

4.1.The contracting party has the right—unless the host offers a different check-in time—to occupy the rented rooms starting at 3:00 p.m. on the agreed-upon day (“arrival day”).

4.2.If a room is occupied for the first time before 6:00 a.m., the preceding night counts as the first night’s stay.

4.3.The rented rooms must be vacated by the contracting party by 11:The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the specified time.

 

5.Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the accommodation provider

5.1. If the lodging contract provides for a deposit and the contracting party has not paid the deposit by the due date, the lodging provider may withdraw from the lodging contract without granting a grace period.

5.2. If the guest does not arrive by 6:00 on the agreed-upon arrival date, there is no obligation to provide lodging, unless a later arrival time has been agreed upon.

5.3. If the contracting party has made a down payment (see 3.3), the accommodations will remain reserved until no later than 11:00 a.m. on the day following the agreed-upon arrival date. If payment is made in advance for more than four days, the obligation to provide accommodations ends at 18:00 a.m. on the fourth day, with the arrival day counted as the first day, unless the guest specifies a later arrival date.

5.4. No later than 1 month before the contractual partner’s agreed arrival date, the lodging agreement may be terminated by the accommodation provider may be terminated by unilateral declaration for objectively justified reasons no later than 1 month before the contractual partner’s agreed arrival date, unless otherwise agreed.

Withdrawal by the contracting party – Cancellation fee

5.5. Up to 1 month before the guest’s agreed-upon arrival date, the lodging contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party.

5.6. Outside the period specified in § 5.5, cancellation by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

- Cancellation is free of charge up to 3 days before the arrival date;

- 3 days or less prior to arrival and in case of no-show: 100% of the total package price

 

up to 3 days	No-Show “No Show”
No cancellation fees	100%

 

Travel Difficulties

5.7.If the contracting party is unable to arrive at the lodging facility on the day of arrival because unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) all means of travel are impossible, the contracting party is not obligated to pay the agreed-upon fee for the days of arrival.

5.8. The obligation to pay for the booked stay is reinstated as soon as travel becomes possible again, provided that travel is possible within three days.

 

6. Provision of Temporary Housing

6.1.The accommodation provider may provide the contracting party or the guests with adequate alternative accommodations (of the same quality) if this is reasonable for the contracting party, particularly if the deviation is minor and objectively justified.

6.2. A valid justification exists, for example, if the room(s) has (have) become unusable, guests already staying there extend their stay, there is an overbooking, or other important operational measures necessitate this step.

6.3. Any additional expenses for alternative accommodations shall be borne by the host.

 

7. Rights of the Contracting Party

7.1. By entering into an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the lodging establishment that are customarily and without special conditions available for guests’ use, and to the customary level of service. The contracting party must exercise these rights in accordance with any applicable hotel and/or guest policies (house rules).

 

8. Obligations of the Contracting Party

8.1. The contracting party is obligated to pay the agreed-upon fee, plus any additional amounts incurred due to separate services utilized by the contracting party and/or the guests accompanying them, plus applicable sales tax, no later than the time of departure.

8.2. The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted as payment at the current exchange rate to the extent possible. Should the accommodation provider accept foreign currencies or non-cash payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3. The contracting party shall be liable to the accommodation provider for any damage that he, the guest, or other persons—with the knowledge or consent of the contracting party—accept or cause services provided by the accommodation provider with the knowledge or consent of the contracting party.

 

9. Rights of the host

9.1. If the contracting party refuses to pay the agreed-upon fee or is in arrears with such payment, the accommodation provider shall have the statutory right of retention pursuant to § 970c ABGB as well as the statutory right of lien pursuant to § 1101 ABGB over the items brought in by the contracting party or the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claimsarising from the lodging contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for damages of any kind.

9.2. If the service is requested in the contracting party’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be listed on the room rate chart. The accommodation provider may also refuse to provide these services for operational reasons.

 

10. Obligations of the Accommodation Provider

10.1. The accommodation provider is obligated to provide the agreed-upon services to a degree consistent with its standard.

10.2. Special services provided by the accommodation provider that are subject to a surcharge and not included in the accommodation fee include, for example:

a) Special services provided by theaccommodation provider that may be billed separately, such as the provision of lounges, a sauna, an indoor pool, a swimming pool, a solarium, garage parking etc.;

b) A reduced rate applies for the provision of additional or cribs, a reduced rate applies.

 

11. Liability of the accommodation provider for damage to personal property brought onto the premises

11.1. The accommodation provider is liable in accordance with §§ 970 et seq. ABGB for items brought in by the contracting party. The accommodation provider is liable only if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or have been brought to a location designated or designated for this purpose. If the accommodation provider fails to provide proof, the accommodation provider is liable for his own negligence or that of his staff, as well as for the negligence of persons entering and leaving the premises. The accommodation provider is liable, pursuant to § 970(1) ABGB, up to a maximum of the amount specified in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Business Operators, as amended. If the contracting party or the guest fails to complyof the accommodation provider to deposit their belongings in a designated storage area, the accommodation provider is released from all liability. The extent of any liability on the part of the accommodation provider shall be limited to the liability insurance coverage of the respective accommodation provider. Any fault on the part of the contracting party or guest must be taken into account.

11.2. The accommodation provider shall not be liable for slight negligence. If the contracting party is a business, liability is also excluded for gross negligence. In this case, the contracting 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 accommodation provider is liable only up to the current amount of €550. The accommodation provider is liable for any damages exceeding this amount only if he accepted these items for safekeeping knowing their conditionand accepted them for safekeeping, or if the damage was caused by the accommodation provider or one of their employees. The limitation of liability pursuant to 12.1 and 12.2 applies mutatis mutandis.

11.4. The accommodation provider may refuse if the items are significantly more valuable than those guests of the accommodation facility in question typically entrust to the accommodation provider for safekeeping.

11.5. In any case of accepted storage, liability is excluded if the contracting party and/or guest does not immediately report the damage that has occurred to the accommodation provider upon becoming aware of it. Furthermore, these claims must be asserted in court by the contracting party or guest; otherwise, the right is forfeited.

12. Limitations of Liability

12.1. If the contracting party is a consumer, the accommodation provider’s liability for slight negligence—with the exception of personal injury—is excluded.

12.2. If the contracting party is a business, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. The damages to be compensated are in any case limited to the amount of the interest at stake.

 

13. Animal Husbandry

13.1. Pets may only be brought into the lodging facility with the prior consent of the host and, if applicable, for an additional fee.

13.2. The contracting party who brings an animal with them is obligated to properly care for that animal during their stay or or to have it kept or supervised by suitable third parties at their own expense.

13.3. The contracting party or guest who brings an animal must have appropriate pet liability insurance or personal liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by the host.

13.4. The contracting party or its insurer is liable to the accommodation provider for any damage caused by animals brought along. This damage includes, in particular, any compensation that the accommodation provider is required to pay to the accommodation provider is required to pay to third parties.

13.5. Pets are not allowed in the wellness areas. In the restaurant areas, pets are only allowed in the designated areas.

 

14. Extension of Accommodation

14.1. The contracting party has no right to have their stay extended. If the contracting party gives timely notice of their desire to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

14.2. If the contracting party is unable to leave the lodging facility on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding etc.), all departure routes are blocked or unusable, the lodging contract is automatically extended for the duration of the inability to depart. A reduction in the fee for this period is possible only if the contracting party offered by the lodging establishment in full due to the exceptional weather conditions. The lodging provider is entitled to demand at least the amount corresponds to the price normally charged during the off-season.

15. Termination of the Accommodation Agreement – Early Termination

15.1. If the lodging agreement was concluded for a fixed term, it terminates upon the expiration of that term.

15.2. If the contracting party departs early, the accommodation provider is entitled to demand the full agreed-upon fee. The accommodation provider shall deduct any savings resulting from the guest’s failure to use the services provided or any income received from renting the reserved rooms to other guests. A saving is deemed to exist only if the accommodation provider, at the time of the non-use of the rooms booked by the guest and the rooms can be rented to other guests as a result of the contracting party’s cancellation. The burden of proof regarding the savings rests with the contracting party.

15.3. The contract with the accommodation provider ends upon the death of a guest.

15.4. If the lodging agreement was entered into for an indefinite period, the contracting parties may terminate the agreement by 10:00 a.m. on the third day prior to the intended end of the agreement.

15.5. The accommodation provider is entitled to terminate the accommodation agreement with immediate effect for good cause, in particular if the contracting party or the guest

 

a) makes significantly improper use of the premises or, through reckless, offensive, or otherwise grossly inappropriate behavior, causes in a manner that makes cohabitation intolerable, or commits a criminal act against the property, morality, or physical safety of these persons;

b) contracts a contagious disease or an illness that extends beyond the duration of the stay, or otherwise becomes in need of care;

c) fails to pay the submitted invoices by the due date within a reasonable period (3 days).

15.6. If the performance of the contract becomes impossible due to an event deemed to be force majeure (e.g., natural disasters, strikes, lockouts, official orders etc.), the accommodation provider may terminate the accommodation contract at any time without notice, provided the contract is not already deemed terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages etc by the contracting party are excluded.

16. Illness or Death of the Guest

16.1. If a guest falls ill during their stay at the lodging facility, the lodging provider shall arrange for medical care at the guest’s request. In the event of imminent danger, the lodging provider shall arrange for medical care even without a specific request from the guest, particularly if it is necessary and the guest unable to do so on their own.

16.2. As long as the guest is unable to make decisions or the guest’s next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. The scope of these care measures ends at the point when the guest is able to make decisions or the next of kin have been notified of the illness.

16.3. The accommodation provider is entitled to compensation from the contracting 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 medical transport, medications, and medical aids

b) room disinfection that has become necessary,

c) linens that have become unusable, bed linens, and bedding; otherwise, for the disinfection or thorough cleaning of all these items,

d) Restoration of walls, furnishings, carpets etc., to the extent that these were soiled or damaged in connection with the illness or death,

e) Room rent, to the extent that the guest used the room, plus any days during which unavailability of the rooms due to disinfection, evacuation or similar,

f) any other damages incurred by the accommodation provider.

 

17. Place of Performance, Jurisdiction, and Governing Law

17.1. The place of performance is the location where the lodging facility is situated.

17.2. This Agreement is governed by Austrian substantive and procedural law, to the exclusion of the rules of private international law (in particular the IPRG and the EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.

17.3. In bilateral business transactions between entrepreneurs, the exclusive place of jurisdiction is the registered office of the accommodation provider, whereby the accommodation provideris also entitled to assert its rights before any other court with local or subject-matter jurisdiction.

17.4. If the lodging contract was concluded with a contracting party who is a consumer and has their domicile or has their habitual residence in Austria, legal actions against the consumer may be brought exclusively at the consumer’s place of residence, habitual residence, or place of employment.

17.5. If the lodging contract was concluded with a contracting party who is a consumer and is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court with localand subject-matter jurisdiction over the consumer’s place of residence shall have exclusive jurisdiction.

 

18. Miscellaneous

18.1. Unless otherwise provided for in the above provisions, a period begins to run upon service of the document setting the period on the contracting party required to comply with it. When calculating a period determined by days, the day on which included in which the time or event occurs that determines the start of the period. Periods specified in weeks or months refer to the day of the week or month that, by its name or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month shall apply.

18.2. Notices must be received by the other party by midnight on the last day of the deadline.

18.3. The host is entitled to set off its own claims against claims made by the contracting party. The contracting party is not entitled to set off its own claims against claims made by the accommodation provider’s claims, unless the accommodation provider is insolvent or the contracting party’s claim has been judicially determined or acknowledged by the accommodation provider.

18.4. In the event of any gaps in these provisions, the relevant statutory provisions shall apply.