(AGBH 2006) Version dated 11/15/2006
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 in the version dated September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.
2 Definition of terms
- “Accommodation provider”: 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 contractual partner. Guests also include those persons traveling with the contractual partner (e.g. family members, friends, etc.).
- “Party”: A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
- “Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
- “Accommodation contract”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
3 Conclusion of contract – down payment
3.1 The Accommodation Agreement shall come into effect upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the accommodation provider’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 this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the Party’s written or verbal order. If the Party agrees to the down payment (in writing or verbally), the Accommodation Agreement shall come into effect upon receipt by the Proprietor of the Party’s declaration of consent to payment of the down payment.
3.3 The contractual partner is obliged to pay the deposit no later than 7 days (receipt) before the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment of the agreed fee.
4 Start and end of accommodation
4.1 Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to move into the rented rooms from 4 p.m. on the agreed date (“Arrival Date”).
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must 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 on time.
5 Withdrawal from the accommodation contract – cancellation fee
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
5.2 If the guest does not appear by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the contractual partner has paid a deposit (see 3.3), the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. For advance payments of more than four days, the accommodation obligation ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the Party, unless otherwise agreed.
Withdrawal by the contractual partner – cancellation fee
5.5 The accommodation contract may be terminated by unilateral declaration by the contracting party no later than 3 months before the agreed date of arrival of the guest without payment of a cancellation fee.
5.6 Outside the area specified in § 5.5. If the contract is canceled within the period specified in the contract, the contract partner may only cancel the contract by unilateral declaration subject to payment of the following cancellation fees:
- up to 1 month before the day of arrival 40% of the total package price;
- up to 1 week before the day of arrival 70 % of the total package price;
- 90% of the total package price in the last week before the day of arrival.
Obstacles to arrival
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, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.
6 Provision of alternative 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, in particular 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, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to the guests for use without special conditions, and to the customary service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
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 him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, etc.
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 services from the Proprietor with the knowledge or will of the Party.
9 Rights of the accommodation provider
9.1 If the Party refuses to pay the agreed remuneration or is in arrears with it, 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 970c of the Austrian Civil Code (ABGB). § 1101 ABGB to the items brought in by the contractual partner or the guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If service is required 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 this. However, this special charge must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its services at any time.
10 Obligations of the accommodation provider
10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor that are not included in the accommodation fee and that are subject to the obligation to pay a fee are listed as examples:
- Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc;
- A reduced price is charged for the provision of additional beds or cribs.
11 Liability of the accommodation provider for damage to items brought in
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 to persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to provide proof, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. Pursuant to § 970 para. 1 ABGB, the accommodation provider is liable up to the maximum amount stipulated in the Federal Law of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor’s request to deposit their items in a special storage location, the Proprietor shall be released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages and lost profits will not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any further damage in the event that it has accepted these items for safekeeping with knowledge of 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 significantly more valuable than those usually deposited by guests of the accommodation establishment in question.
11.5 In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred upon becoming aware of it. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.
12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor’s liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2 If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the amount of the legitimate interest.
13 Animal husbandry
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense.
13.3 The contractual partner or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.
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. In particular, the damage shall also include any compensation payments by the accommodation provider which the accommodation provider is obliged to make to third parties.
13.5 Animals are not permitted in the lounges, lounges, restaurant rooms and wellness areas.
14 Extension of the accommodation
14.1 The contractual partner is not entitled to have his stay extended. If the Party notifies the Proprietor of its wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider is under no obligation 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, flooding, etc.) and all departure options are blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to charge at least the price that corresponds to the price usually charged in the low season.
15 Termination of the accommodation contract – early termination
15.1 If the Accommodation Agreement was concluded for a fixed term, 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 accommodation provider shall deduct what he has saved as a result of the non-utilization of his services or what he has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time of non-utilization of the rooms booked by the guest and the room can be rented to other guests due to the cancellation by the contracting party. The contractual partner bears the burden of proof of the savings.
15.3 The contract with the Proprietor shall end upon the death of a Guest.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.
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 Guest
- makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
- is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
- fails to pay the invoices submitted when due within a reasonably set period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
16 Illness or death of the guest
16.1 If a Guest falls ill during their stay at the accommodating establishment, the Proprietor shall provide medical care at the Guest’s request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, in particular if this is necessary and the guest is unable to do so themselves.
16.2 As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest’s expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:
- Outstanding medical costs, costs for patient transportation, medication and medical aids
- room disinfection has become necessary,
- linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
- Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
- Room rent, insofar as the room has been used by the guest, plus any days on which the rooms cannot be used due to disinfection, evacuation or similar,
- any other damage incurred by the accommodation provider.
17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodation establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and 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 domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.
18 Other
18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document ordering the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based is not included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month is decisive.
18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. 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 established by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.