General
Terms and Conditions

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “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 individual agreements made in specific cases.

2.1 Definitions:

“Accommodation provider”: A natural or legal person who accommodates guests for a fee.

“Guest”: A natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Guests also include those persons who travel with the contracting party (e.g. family members, friends, etc.).

“Contracting party”: A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.

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

“Accommodation contract”: The contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

3.1 The accommodation contract is concluded by the accommodation provider accepting the contracting party’s order. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and the retrieval occurs within the accommodation provider’s stated business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit. In this case, the accommodation provider is obliged to inform the contracting party of the required deposit before accepting the contracting party’s written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt by the accommodation provider of the contracting party’s declaration of consent regarding payment of the deposit.

3.3 The contracting party is obliged to pay the deposit at the latest 7 days (received) before the start of accommodation. The costs of the money transfer (e.g. bank transfer fees) are borne by the contracting party. For credit and debit cards, the respective conditions of the card companies apply.

3.4 The deposit is a partial payment of the agreed fee.

4.1 The contracting party has the right, provided the accommodation provider does not offer a different check-in time, to move into the rented rooms from 4:00 p.m. on the agreed day (“arrival day”).

4.2 If a room is first used before 6:00 a.m., the preceding night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contracting party 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 on time.

Withdrawal by the accommodation provider:

5.1 If the accommodation contract provides for a deposit and the deposit was not paid by the contracting party on time, the accommodation provider may withdraw from the accommodation contract without granting an additional grace period.

5.2 If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to accommodate unless a later arrival time has been agreed.

5.3 If the contracting party has paid a deposit, the premises remain reserved until no later than 12:00 noon on the day following the agreed arrival day. In the case of advance payment of more than four days, the obligation to accommodate ends at 6:00 p.m. on the fourth day, with the arrival day counted as the first day, unless the guest notifies a later arrival day.

5.4 Up to no later than 3 months before the contracting party’s agreed arrival day, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration, unless otherwise agreed.

Withdrawal by the contracting party – cancellation fee:

5.5 Up to no later than 3 months before the guest’s agreed arrival day, the accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee.

5.6 Outside the period defined in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees: 3 months to 10 weeks before the arrival day: 30% of the total package price; 10 weeks to 4 weeks before the arrival day: 70% of the total package price; 4 weeks up to the arrival day: 90% of the total package price. In the event of a no-show without prior cancellation, 100% of the total package price will be charged.

Impediments to arrival:

5.7 If the contracting party cannot appear at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

5.8 The obligation to pay for the booked stay resumes once arrival becomes possible again, if arrival becomes possible again within three days.

6.1 The accommodation provider may provide the contracting party and/or guests with adequate substitute accommodation (of equal quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 Objective justification exists, for example, if the room(s) have become unusable, guests already accommodated extend their stay, overbooking exists, or other important operational measures require this step.

6.3 Any additional expenses for the substitute accommodation are borne by the accommodation provider.

7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually and without special conditions accessible to guests, and the usual service. The contracting party must exercise these rights in accordance with any hotel and/or guest guidelines (house rules).

8.1 The contracting party is obliged to pay, no later than the time of departure, the agreed fee plus any additional amounts incurred due to separate services used by him and/or the guests accompanying him, plus statutory VAT.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted at the daily exchange rate where possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party bears all associated costs.

8.3 The contracting party is liable to the accommodation provider for any damage caused by him, the guest, or other persons who, with the knowledge or will of the contracting party, receive services from the accommodation provider.

9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien pursuant to § 1101 ABGB on items brought in by the contracting party or the guest.

9.2 If 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. This special fee must, however, be displayed on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider has the right to invoice or issue interim invoices for its services at any time.

10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.

10.2 Special services of the accommodation provider subject to mandatory display that are not included in the accommodation fee include, by way of example: special services such as provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.; a reduced price is charged for the provision of extra beds or children’s beds.

11.1 The accommodation provider is liable pursuant to §§ 970 et seq. ABGB for items brought in by the contracting party. Liability exists only if the items were handed over to the accommodation provider or persons authorised by the accommodation provider or brought to a place designated or indicated by them.

11.2 The accommodation provider’s liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. Consequential or indirect damages as well as lost profits are not compensated under any circumstances.

11.3 For valuables, cash and securities, the accommodation provider is only liable up to the current amount of € 550. Beyond that only in the case of an express acceptance for safekeeping or fault on the part of the accommodation provider or its staff.

11.4 Safekeeping may be refused if the items are significantly more valuable than what guests usually hand in for safekeeping.

11.5 Damage must be reported immediately upon becoming known; claims must be asserted in court within three years from knowledge or possible knowledge, otherwise the right expires.

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

12.2 If the contracting party is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. Consequential damages, non-material damages or indirect damages as well as lost profits are not compensated. The damage to be compensated is limited to the amount of the reliance interest.

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, against a special fee.

13.2 The animal must be properly kept/supervised or, at the contracting party’s expense, entrusted to suitable third parties for keeping/supervision.

13.3 Appropriate animal liability insurance and/or private liability insurance must be available; proof must be provided upon request.

13.4 The contracting party and/or the insurer are jointly and severally liable for damage caused by animals.

13.5 Animals are not allowed in lounges, common rooms, restaurant areas and wellness areas.

14.1 No entitlement to an extension; if notified in good time, the accommodation provider may agree without being obliged to do so.

14.2 If departure is impossible due to unforeseeable extraordinary circumstances, the contract is automatically extended for the duration of the impossibility. A reduction is only possible if the services offered cannot be used in full.

15.1 A fixed-term contract ends upon expiry of the term.

15.2 In the event of early departure, the accommodation provider may demand the full agreed fee; deduction for savings/alternative letting depending on occupancy; the burden of proof for savings lies with the contracting party.

15.3 The contract ends upon the death of a guest.

15.4 For an indefinite term: termination by 10:00 a.m. on the third day before the intended end of the contract.

15.5 Immediate termination for an important reason (in particular: significantly disadvantageous use, grossly improper conduct, criminal act, contagious illness/need for care, non-payment within the set period).

15.6 In the event of force majeure, the accommodation provider may terminate at any time without notice; claims for damages are excluded.

16.1 Upon request, the accommodation provider will arrange medical care; in urgent cases also without a special request.

16.2 As long as the guest is not capable of making decisions and relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest’s expense.

16.3 Claims for compensation in particular for outstanding medical costs/transport/medication, room disinfection, laundry/bed furnishings that have become unusable, restoration/cleaning, room rent including days of non-usability, other damages.

17.1 The place of performance is the location where the accommodation establishment is situated.

17.2 The contract is governed by Austrian formal and substantive law to the exclusion of the rules of private international law as well as the UN Convention on Contracts for the International Sale of Goods (CISG).

17.3 The exclusive place of jurisdiction in bilateral business transactions between entrepreneurs is the accommodation provider’s registered office; the accommodation provider may also sue before any other competent court.

17.4 For consumers with domicile/habitual residence in Austria: actions exclusively at the place of domicile/habitual residence/place of employment.

17.5 For consumers in the EU (except Austria), Iceland, Norway, Switzerland: exclusively the competent court at the consumer’s place of residence.

18.1 Time limits start upon service; day periods exclude the day of the event; week/month periods run according to the named day/number; if the day does not exist in the month, the last day is decisive.

18.2 Declarations must be received by the last day of the period (midnight).

18.3 The accommodation provider may set off; the contracting party may only set off if the accommodation provider is insolvent or the claim has been legally established or acknowledged.

18.4 In the event of regulatory gaps, the relevant statutory provisions apply.