Terms and conditions

GTC
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)

Table of contents
§ 1 Scope of application
§ 2 Definition of terms
§ 3 Conclusion of contract – down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee § 6 Provision of alternative accommodation
§ 7 Rights of the contracting party
§ 8 Obligations of the contracting party
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to items brought in
§ 12 Limitations of liability
§ 13 Keeping of animals
§ 14 Extension of the accommodation
§ 15 Termination of the accommodation contract – early termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of fulfillment, place of jurisdiction and choice of law
§ 18 Miscellaneous
§ 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 Definitions of terms
2.1 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 contractual partner. Guests also include those persons traveling with the contracting party (e.g. family members, friends, etc.). “Party”: is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest. “Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the 1979 Consumer Protection Act 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 if they are received during the published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement subject to 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 written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall come into effect 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 down payment at the time of booking (upon receipt). The costs for the monetary transaction (e.g. transfer fees) shall be borne by the 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 Start and end of accommodation
4.1 Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to occupy the rented rooms from 5 p.m. on the agreed day (“day of arrival”).
4.2 If a room is occupied for the first time before 7.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 11.00 a.m. on the day of departure. The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated by 12.00 noon on the day of departure at the latest.

§ 5 Withdrawal from the Accommodation Agreement – Cancellation fee
Withdrawal by the Proprietor
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, without reimbursement of costs and without providing substitute accommodation.
5.2 If the Guest does not show up by 7 p.m. on the agreed date of arrival, there shall be no obligation to provide accommodation unless a later time of arrival has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms shall remain reserved until 12.00 noon on the day following the agreed arrival date at the latest. In the case of advance payments of more than four days, the obligation to provide accommodation shall end at 2 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.
5.4 Unless otherwise agreed, the Proprietor may terminate the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the Party. Withdrawal by the Party – Cancellation fee
5.5 The Accommodation Agreement may be rescinded by the Party by means of a unilateral declaration by no later than 1 month before the agreed date of arrival of the Guest without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the Party is only possible subject to payment of the following cancellation fees:

Flex guarantee policy
40% of the total price of the booking must be paid on completion of the booking. The remaining 60% of the total price + local tax must be paid on the agreed day of arrival.

Cancellation conditions

– up to 6 days before the agreed arrival date: no cancellation fee
– from the 5th day before the agreed arrival date or no-show: 100% of the total price
– in the event of early departure: 100% of the total price

Impediments 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 beyond its control (e.g. extreme snowfall, flooding, etc. which must be confirmed by the authorities), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay the fee for the booked stay shall be revived from the date of arrival if arrival is possible again within two 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, 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 Proprietor.

§ 7 Rights of the Party
7.1 By concluding 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 customarily accessible to the guests for use without any special conditions, and to the customary service. The Party shall exercise its 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 accommodation fee plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT and any municipal taxes by the time of arrival at the latest. The Party shall be obliged to pay the agreed remuneration, less the lodging remuneration already paid, plus any additional amounts incurred due to the separate use of services by the Party and/or the accompanying guests plus statutory value-added tax at the latest 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 current exchange rate 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.
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 of the Proprietor with the knowledge or will of the Party until three days after departure.

§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party 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 for the Party and for any claims for compensation 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 price list. The Proprietor 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 Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to an extent that meets its standards.
10.2 The following are examples of special services of the Proprietor that are not included in the accommodation fee and that are subject to the obligation to pay a fee:
(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 (if available in the property) of extra beds or cribs, a reduced price will be charged

§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider is only liable if the items have been handed over to the accommodation provider or the people authorized by the accommodation provider or have been brought to a place instructed or designated by them. If the accommodation provider is unable to provide proof, the accommodation provider is liable for his own negligence or the negligence of his people as well as those leaving and arriving. According to Section 970 Paragraph 1 ABGB, the accommodation provider is liable up to a maximum of the amount specified in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs in the currently valid version. If the contractual partner or the guest does not immediately comply with the accommodation provider’s request to leave their belongings in a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance amount of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider’s liability is excluded for minor 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 as well as lost profits will not be compensated under any circumstances.
11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of € 550 if these valuables, money or securities have been disclosed to the accommodation provider in writing in advance. The accommodation provider is only liable for any damage beyond this if he took over these items for safekeeping knowing their nature or in the event that the damage was caused by himself or one of his employees. The limitation of liability in accordance with 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider can refuse to keep valuables, money and securities if they are significantly more valuable than what guests of the accommodation establishment in question usually keep.
11.5 In any case of storage undertaken, liability is excluded if the contractual partner and/or guest does not immediately report the damage to the accommodation provider as soon as it becomes aware of it. Furthermore, these claims must be asserted in court within one year of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.

§ 12 Limitations of liability
12.1 If the contractual partner is a consumer, the accommodation provider’s liability for minor negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the trust interest.

§ 13 Animal husbandry
Under no circumstances are animals allowed in the accommodations. If animals are brought illegally, the accommodation can be suspended without entitlement to deposits and payments already made.

§ 14 Extension of accommodation
14.1 The contractual partner has no right to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because all departure options are blocked or cannot be used due to unforeseeable, exceptional circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this time is only possible if the contractual partner is unable to fully use the services offered by the accommodation facility due to the exceptional weather conditions. The accommodation provider is entitled to charge at least the fee that corresponds to the price normally charged in the off-season.

§ 15 Termination of the accommodation contract – early termination
15.1 If the accommodation contract was concluded for a specific period of time, it ends when the time expires.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of not using his range of services or what he received by renting the ordered rooms to another party. There is only a saving if the accommodation facility is fully occupied at the time the rooms ordered by the guest are not being used and the room can be rented out to other guests due to the contractual partner’s cancellation. The contractual partner bears the burden of proof of savings. If the accommodation facility is closed due to pandemic disruptions, official requirements and other supra-regional official requirements, the accommodation provider does not have to provide any replacement services, compensation payments or repayments of any advance payments. The contractual partner hereby expressly confirms that he will sue for these payments in court.
15.3 If a guest dies, the contract with the accommodation provider ends.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest
a) makes a significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, his people or the third parties living in the accommodation facility, spoils the coexistence or commits an act that is punishable by punishment towards these people guilty against property, morals or physical safety;
b) is affected by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care;
c) the submitted invoices are not paid when due within a reasonable deadline (3 days).

15.6 If fulfillment of the contract becomes impossible due to an event that can be viewed as force majeure (e.g. natural events, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered dissolved under the law , or the accommodation provider is exempt from his 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 in the accommodation facility, the accommodation provider will provide medical care at the guest’s request. If danger is imminent, the accommodation provider will arrange for medical care even without the guest’s special request, especially 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 accommodation provider will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the point at which the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for medical transport, medication and medical aids
b) room disinfection that has become necessary,
c) laundry, bed linen 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., if they were contaminated or damaged in connection with the illness or death,
e) Room rent, if the room was used by the guest, plus any days that the rooms are unusable due to disinfection, evacuation or similar,
f) any other damages incurred by the accommodation provider.

§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian formal and substantive law, excluding 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 in bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and subject matter court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his or her place of residence or habitual residence in Austria, legal action against the consumer can only be brought at the consumer’s place of residence, habitual residence or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is the location and subject matter of the consumer’s place of residence for legal action against the consumer the competent court has exclusive jurisdiction.

§ 18 Miscellaneous
18.1 Unless the above provisions provide for something special, the running of a deadline begins with delivery of the document setting the deadline to the contractual partners, who must comply with the deadline. When calculating a period that is determined in days, the day on which the time or event falls is not taken into account, according to which the start of the period should be based. Deadlines determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day of that month is decisive.
18.2 Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
18.3 The accommodation provider is entitled to offset the contractual partner’s claims with his own claims. The contractual partner is not entitled to offset its own claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contractual partner’s claim has been determined by a court or recognized by the accommodation provider.
18.4 In the event of gaps in the regulations, the relevant legal provisions apply.