General terms and conditions
General Terms and Conditions for the Hotel Industry 2006
Version from 15.11.2006
Version from 15.11.2006
Overview of contents
§1 Scope of application
§2 Definition of terms
§3 Conclusion of contract - deposit
§4 Beginning and end of accommodation
§5 Withdrawal from the accommodation contract
§6 Provision of substitute accommodation
§7 Rights of the Party
§8 Duties of the Party
§9 Rights of the Proprietor
§10 Duties of the Proprietor
§11 Liability of the Proprietor for Damage to Items Brought into the Accommodation
§12 Limitation of liability
§13 Keeping of animals
§14 Extension of the accommodation
§15 Termination of the Accommodation Agreement - Early Termination
§16 Illness or death of the guest in the accommodation contract
§17 Place of Fulfilment, Jurisdiction and Choice of Law
§19 Special agreements
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "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 agreements made in detail.
§ 2 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 contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) shall also be deemed to be guests.
"Contractual partner": 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 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 subsequently regulated in more detail.
§ 3 Conclusion of Contract - Deposit
3.1 The Accommodation Agreement shall be concluded 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 Proprietor'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 such 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 be concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment. (The special agreements pursuant to Section 19 shall apply here).
3.3 The Party shall be obliged to pay the down payment at the latest 7 days (received) prior to the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective conditions of the card companies apply. (The special agreements pursuant to § 19 apply here).
3.4 The down payment is a partial payment on the agreed fee. (The special agreements pursuant to § 19 apply here)
§ 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 4 p.m. on the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the day of departure. The Proprietor shall be entitled to charge for a further day if the rented rooms are not vacated in due time.
§ 5 Withdrawal from the accommodation contract - cancellation fee
Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to arrive by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate the Guest unless a later date of arrival has been agreed.
5.3 If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. If more than four days have been paid in advance, the obligation to provide accommodation shall end at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest specifies a later arrival time.
5.4 Up to 3 months before the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor by unilateral declaration for objectively justified reasons, unless otherwise agreed.
Rescission by the Party - Cancellation Fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation agreement may be terminated by the Party by unilateral declaration without payment of a cancellation fee.
5.6 Outside the period stipulated in § 5.5, cancellation by unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees:
- up to 3 months before the date of arrival no cancellation fees
- 3 months to 1 month before the date of arrival 40 % of the total package price;
- 1 month to 1 week before the date of arrival 70% of the total package price;
- in the last week before the arrival date 90 % of the total package price.
Hindrances to the 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, floods, 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 time of arrival if the arrival becomes possible again within three 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, especially 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 substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the Party
7.1 By entering into 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 and without special conditions accessible to the guests for use, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to separate use of services by the Party and/or the accompanying guests plus statutory VAT no later than 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 exchange rate of the day, if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as enquiries with credit card companies, telegrams, etc. The Proprietor shall not be obliged to accept foreign currencies or cashless means of payment.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or any other person who accepts the Proprietor's services with the knowledge or will of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If the service is requested in the room of the Party or at extraordinary times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge a special fee for this. However, this extra charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall be entitled 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 the extent corresponding to its standard.
10.2 Special services of the Proprietor which are not included in the Accommodation Fee and which require an Award are exemplary:
a) special accommodation services which may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;
b) a reduced price shall be charged for the provision of extra beds or children's beds.
§11 Liability of the Proprietor for Damage to Brought-in Items
11.1 The Proprietor shall be liable for the items brought in by the Party pursuant to Sections 970 et seq. of the Austrian Civil Code. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or the fault of his staff as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to section 970 subsection 1 ABGB at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs as amended from time to time. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently EUR 550. The Proprietor shall only be liable for any damage exceeding the aforesaid amount in the event that the Proprietor has taken over such items for safekeeping with knowledge of their condition or in the event that the damage was caused by the Proprietor himself/herself or one of his/her staff. The limitation of liability according 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 considerably more valuable than the items usually given into safekeeping by the Guests of the accommodating establishment concerned.
11.5 In any case of assumed safekeeping, liability shall be excluded if
the Party and/or Guest fails to immediately notify the Proprietor of the occurred damage upon becoming aware thereof. Furthermore, such claims shall be asserted within three years of
knowledge or possible knowledge by the Party and/or the Guest; otherwise the right to
otherwise the right shall be extinguished.
§ 12 Limitations of liability
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, except for personal injury.
12.2If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In such case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be
damage to be compensated shall in any case be limited to the amount of the interest in trust.
§ 13 Keeping of animals
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if applicable, against special remuneration.
13.2 The Party bringing an animal shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its own expense.
13.3 The Party or Guest taking an animal with them shall have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation payments to be made by the Proprietor to third parties.
13.5 Animals shall not be allowed to stay in the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of the Accommodation
14.1 The contracting party shall not be entitled to have its stay extended. If the Party gives notice of its wish to extend the stay in due time,
the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall not be obliged 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, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider shall be entitled to demand at least that remuneration which corresponds to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement - Early Termination
15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall terminate upon expiry of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to claim the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilisation of its service offer or what it has obtained by letting the booked rooms to other parties. A saving shall only be deemed to exist if the accommodation provider is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
15.3 The death of a Guest shall terminate the Agreement with the Proprietor.
15.4 If the Accommodation Agreement has been concluded for an indefinite period of time, the Parties may terminate the Agreement until 10.00 a.m. of the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the Guest
a) makes a considerably disadvantageous use of the Premises or, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together with the other Guests, the Owner, his staff or third parties residing in the accommodating establishment unpleasant or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care;
c) fails to pay the submitted bills when due within a reasonably set time limit
15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc of the Party shall be excluded.
§ 16 Illness or Death of the Guest
16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care at the Guest's request. In case of imminent danger, the Proprietor shall arrange for medical care even without the specific request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall provide medical treatment at the Guest's expense. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of 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 in particular for the following costs:
a) outstanding medical costs, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bedding 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., insofar as these have been contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the room was occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation, etc,
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 shall be the place where the accommodating 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 (esp. IPRG and UCC) as well as 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 registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.
17.5 If the accommodation contract was concluded with a contracting party 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, the court with local and subject-matter jurisdiction for the place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit begins with the delivery of the document setting the time limit to the parties to the contract who must observe the time limit. If a time limit is calculated on the basis of days, the day on which the point in time or the event falls according to which the start of the time limit is to be determined shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations shall be received by the other Party on the last day of the term (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against the Party's claims. 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 determined by a court or recognised by the Proprietor.
18.4 In the event of any loopholes, the relevant statutory provisions shall apply.