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 dated 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed arrangements.

2.1 Definitions:

“Accommodation provider” (“Beherberger”): a natural or legal person who accommodates guests for remuneration.

“Guest” (“Gast”): a natural person who makes use of accommodation. The guest is generally also the contracting party. Guests also include persons travelling with the contracting party (e.g. family members, friends, etc.).

“Contracting party” (“Vertragspartner”): a natural or legal person in Austria or abroad who concludes an accommodation agreement as a guest or for a guest.

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

“Accommodation agreement” (“Beherbergungsvertrag”): the agreement concluded between the accommodation provider and the contracting party, the content of which is further regulated below.

3.1 The accommodation agreement is concluded by the accommodation provider accepting the contracting party’s order/booking. Electronic declarations are deemed received when the party for whom they are intended can access them under normal circumstances and access occurs within the accommodation provider’s published business hours.

3.2 The accommodation provider is entitled to conclude the accommodation agreement subject to the condition that the contracting party pays a deposit. In this case, the accommodation provider must inform the contracting party of the required deposit before accepting the contracting party’s written or oral order. If the contracting party agrees to the deposit (in writing or orally), the accommodation agreement is concluded upon receipt by the accommodation provider of the declaration of consent to pay the deposit.

3.3 The contracting party must pay the deposit no later than 7 days (received) before accommodation begins. The contracting party bears the costs of the money transfer (e.g. bank fees). For credit and debit cards, the respective terms of the card companies apply.

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

4.1 The contracting party has the right, unless the accommodation provider offers a different time of occupancy, to use the rented rooms from 16:00 on the agreed day (“day of arrival”).

4.2 If a room is first used before 06:00 in the morning, the preceding night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contracting party by 12:00 on the day of departure. The accommodation provider is entitled to charge an additional day if the rooms are not vacated on time.

Withdrawal by the accommodation provider:

5.1 If the accommodation agreement provides for a deposit and the deposit was not paid by the contracting party in due time, the accommodation provider may withdraw from the accommodation agreement without granting a grace period.

5.2 If the guest does not arrive by 18:00 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 contracting party has paid a deposit, the premises remain reserved until 12:00 on the day following the agreed day of arrival at the latest. If prepayment covers more than four days, the obligation to provide accommodation ends at 18:00 on the fourth day, with the day of arrival counted as the first day, unless the guest announces a later day of arrival.

5.4 Up to 3 months before the agreed day of arrival, the accommodation agreement 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 3 months before the agreed day of arrival, the accommodation agreement may be terminated by unilateral declaration by the contracting party without paying a cancellation fee.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the contracting party is only possible upon payment of the following cancellation fees: 3 months to 10 weeks before the day of arrival 30% of the total package price; 10 weeks to 4 weeks before the day of arrival 70% of the total package price; 4 weeks up to the day of arrival 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.

Travel impediments:

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 remuneration for the days of arrival.

5.8 The obligation to pay for the booked stay revives once arrival is possible again, provided arrival becomes possible again within three days.

6.1 The accommodation provider may provide the contracting party and/or guests with adequate substitute accommodation (same quality) if this is reasonable for the contracting party, in particular 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, an overbooking exists, or other important operational measures require this step.

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

7.1 By concluding an accommodation agreement, the contracting party acquires the right to the usual use of the rented rooms and the facilities of the accommodation establishment which are ordinarily and without special conditions accessible to guests, and to 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 must pay the agreed remuneration by the time of departure at the latest, plus any additional amounts incurred due to separate use of services by them and/or accompanying guests, 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 taken in payment 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 them, the guest, or other persons who, with the contracting party’s knowledge or will, receive the accommodation provider’s services.

9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears, the accommodation provider has the statutory right of retention pursuant to § 970c ABGB and 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 (after 20:00 and before 06:00), the accommodation provider is entitled to charge a special fee. This special fee must be displayed on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider is entitled to invoice its services at any time or to issue interim invoices.

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

10.2 Chargeable special services of the accommodation provider that are not included in the accommodation fee include, by way of example: special services such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.; reduced prices apply for the provision of extra beds or children’s beds.

11.1 The accommodation provider is liable in accordance with §§ 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 placed in a location designated or instructed for that purpose.

11.2 Liability of the accommodation provider for slight negligence is excluded. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. Consequential or indirect damages and lost profits will not be compensated in any case.

11.3 For valuables, money and securities, the accommodation provider is liable only up to an amount of currently EUR 550. Beyond that, only if the accommodation provider accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the accommodation provider or its staff. The limitation of liability pursuant to § 12.1 and § 12.2 applies mutatis mutandis.

11.4 The accommodation provider may refuse safekeeping if the items are significantly more valuable than those guests of the establishment usually deposit.

11.5 In all cases of accepted safekeeping, liability is excluded if the contracting party and/or guest does not notify the accommodation provider immediately upon becoming aware of the damage. In addition, such claims must be asserted in court within three years from knowledge or possible knowledge; otherwise the right lapses.

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. In any case, the damage to be compensated is limited to the extent 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 contracting party bringing an animal is obliged to keep and supervise it properly during the stay or to have it kept/supervised at their own expense by suitable third parties.

13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers damage caused by animals. Proof must be provided upon request by the accommodation provider.

13.4 The contracting party and/or their insurer are jointly and severally liable to the accommodation provider for damage caused by animals brought in; this includes any compensation the accommodation provider must pay to third parties.

13.5 Animals are not permitted in lounges, social rooms, restaurant areas and wellness areas.

14.1 The contracting party has no entitlement to an extension of the stay. If the contracting party announces the wish to extend the stay in due time, the accommodation provider may agree to an extension without being obliged to do so.

14.2 If the contracting party cannot leave on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation agreement is automatically extended for the duration of the impossibility of departure. A reduction in remuneration is only possible if the contracting party cannot fully use the services offered due to the extraordinary weather conditions.

15.1 If the accommodation agreement was concluded for a fixed term, it ends upon expiry of that term.

15.2 If the contracting party departs early, the accommodation provider is entitled to claim the full agreed remuneration. The accommodation provider will deduct what it saved due to non-use or what it received through other letting of the ordered rooms. The burden of proof of savings lies with the contracting party.

15.3 The contract ends upon the death of a guest.

15.4 If the accommodation agreement was concluded for an indefinite term, the parties may terminate it by 10:00 on the third day before the intended end of the contract.

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) uses the premises in a significantly detrimental manner or, through reckless, offensive or otherwise grossly improper conduct, makes cohabitation unpleasant for other guests, the owner, the owner’s staff or third parties residing in the establishment, or commits an act punishable by law against property, morality or physical safety; b) suffers from a contagious disease or an illness extending beyond the accommodation period or otherwise becomes in need of care; c) does not pay invoices when due within a reasonable period set (3 days).

15.6 If performance becomes impossible due to an event constituting force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation agreement at any time without notice, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. by the contracting party are excluded.

16.1 If a guest becomes ill during the stay, the accommodation provider will arrange medical care at the guest’s request. In urgent cases, the accommodation provider will arrange medical care even without a special request, in particular if necessary and the guest is not able to do so themselves.

16.2 As long as the guest is not able to make decisions or relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest’s expense. The scope of these measures ends when the guest can make decisions or relatives have been informed of the illness.

16.3 The accommodation provider has reimbursement claims against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs: outstanding doctor’s fees, costs of medical transport, medication and aids; necessary disinfection of the room; unusable laundry, bed linen and bedding, otherwise the disinfection or thorough cleaning of these items; restoration of walls, furnishings, carpets etc. insofar as they were soiled or damaged in connection with the illness or death; room rent insofar as the room was used by the guest, plus any days the room cannot be used due to disinfection, clearing, etc.; any other damages incurred by the accommodation provider.

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

17.2 This agreement is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods (CISG).

17.3 In bilateral business transactions between entrepreneurs, the exclusive place of jurisdiction is the accommodation provider’s registered office; the accommodation provider is also entitled to assert its rights before any other competent court.

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

17.5 If the accommodation agreement was concluded with a contracting party who is a consumer and has their residence in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, the court competent at the consumer’s place of residence has exclusive jurisdiction for actions against the consumer.

18.1 Unless the above provisions provide otherwise, the period of a deadline begins with delivery of the document ordering the deadline to the contracting party required to observe it. When calculating a period defined in days, the day in which the triggering event occurs is not counted. Periods defined in weeks or months relate to the day of the week or month which corresponds by name or number to the day from which the period is to be counted. If that day is missing in the month, the last day of the month is decisive.

18.2 Declarations must have been received by the other contracting party by the last day of the deadline (24:00).

18.3 The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.

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