General Terms and Conditions for the Hotel Industry (AGBH 2006)

Version of November 15, 2006

§ 1 Scope of Application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version of September 23, 1981.

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

§ 2 Definitions

2.1 Definitions:

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

“Guest”: A natural person who avails themselves of accommodation. The guest is typically also the contracting party. Individuals accompanying the contracting party (e.g., family members, friends, etc.) are also considered guests.

“Contracting Party”: A natural or legal person, either domestic or foreign, who enters into an accommodation contract either as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: These terms are to be understood in accordance with the Consumer Protection Act of 1979, as amended.

“Accommodation Contract”: The contract concluded between the host and the contracting party, the details of which are further specified below.

§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded by the acceptance of the order from the contracting party by the host. Electronic declarations are considered received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the host’s stated business hours.

3.2 The host is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the host is obliged to inform the contracting party of the required deposit before accepting the written or oral order. If the contracting party agrees to the deposit (either in writing or orally), the accommodation contract is concluded upon the receipt of the contracting party’s consent to pay the deposit by the host.

3.3 The contracting party is obliged to pay the deposit no later than 7 days (received) before the accommodation date. The costs of the money transaction (e.g., 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 Start and End of Accommodation

4.1 The contracting party has the right, unless the host offers a different check-in time, to occupy the rented rooms from 4:00 PM on the agreed day (“arrival day”).

4.2 If a room is first used before 6:00 AM, the previous night is considered the first overnight stay.

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

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the Host

5.1 If the accommodation contract requires a deposit and the deposit has not been paid by the contracting party within the specified time, the host may withdraw from the accommodation contract without further notice.

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

5.3 If the contracting party has made a deposit (see 3.3), the rooms remain reserved until 12:00 PM on the day following the agreed arrival day. If payment is made for more than four days in advance, the obligation to accommodate ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest informs the host of a later arrival date.

5.4 The accommodation contract can be terminated by the host, for objectively justified reasons, at the latest 3 months before the agreed arrival date of the contracting party, unless otherwise agreed, through a unilateral declaration.

Withdrawal by the Contracting Party – Cancellation Fee

5.5 The accommodation contract can be terminated by the contracting party without paying a cancellation fee, through a unilateral declaration, at the latest 3 months before the agreed arrival date of the guest.

5.6 Outside of the period specified in § 5.5, a withdrawal through a unilateral declaration by the contracting party is only possible upon payment of the following cancellation fees:

– Up to 1 month before the arrival date: 40% of the total arrangement price;
– Up to 1 week before the arrival date: 70% of the total arrangement price;
– In the last week before the arrival date: 90% of the total arrangement price.

Impediments to Arrival

5.7 If the contracting party is unable to arrive at the accommodation on the agreed arrival day due to unforeseeable exceptional circumstances (e.g., heavy snowfall, flooding, etc.) that make all travel options impossible, the contracting party is not obligated to pay the agreed fee for the days of arrival.

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

§ 6 Provision of Alternative Accommodation

6.1 The host may provide the contracting party or the guests with an adequate alternative accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 An objective justification is given, for example, when the room(s) have become unusable, when already accommodated guests extend their stay, when overbooking occurs, or when other important operational measures necessitate this step.

6.3 Any additional expenses for the alternative accommodation are to be borne by the host.

§ 7 Rights of the Contracting Party

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 typically and without special conditions accessible to guests, and the usual service. The contracting party must exercise their rights in accordance with any hotel and/or guest policies (house rules).

§ 8 Obligations of the Contracting Party

8.1 The contracting party is obligated to pay the agreed fee, plus any additional charges arising from separate services used by them and/or accompanying guests, as well as applicable sales tax, at the latest upon departure.

8.2 The host is not obliged to accept foreign currencies. If the host accepts foreign currencies, they will be exchanged at the current daily rate, as far as possible. If the host accepts foreign currencies or cashless payment methods, the contracting party will bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contracting party is liable to the host for any damage caused by themselves, the guest, or any other persons who, with the knowledge or consent of the contracting party, use the services of the host.

§ 9 Rights of the Host

9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the host has the statutory right of retention according to § 970c of the Austrian Civil Code (ABGB) as well as the statutory lien according to § 1101 ABGB on the items brought by the contracting party or the guest. This right of retention or lien also applies to secure the host’s claim from the accommodation contract, particularly for meals, other expenses incurred on behalf of the contracting party, and any potential claims for compensation of any kind.

9.2 If service is requested in the contracting party’s room or at unusual times (after 8:00 PM and before 6:00 AM), the host is entitled to charge a special fee for this. However, this special fee must be displayed on the room price list. The host may also refuse these services for operational reasons.

9.3 The host has the right to bill or issue an interim invoice for their services at any time.

§ 10 Obligations of the Host

10.1 The host is obligated to provide the agreed services to the extent corresponding to their standard.

10.2 Special services provided by the host that are not included in the accommodation fee and require separate charges include, for example:

a) Special services of the accommodation that can be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage services, etc.;

b) A discounted price is charged for the provision of extra or children’s beds.

§ 11 Liability of the Host for Damages to Items Brought by the Contracting Party

11.1 The host is liable according to §§ 970 et seq. of the Austrian Civil Code (ABGB) for items brought by the contracting party. The host’s liability applies only if the items have been handed over to the host or to persons authorized by the host or brought to a place designated by them. If the host cannot provide evidence to the contrary, the host is liable for their own fault or the fault of their staff and incoming or outgoing individuals. The host is liable according to § 970 (1) ABGB, but only up to the amount specified in the federal law of November 16, 1921, concerning the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or the guest fails to immediately comply with the host’s request to store their belongings in a designated safe place, the host is released from any liability. The amount of any potential liability of the host is limited to the amount covered by the host’s liability insurance. Any fault of the contracting party or guest must be taken into account.

11.2 The host’s liability is excluded for minor negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages, as well as lost profits, are not reimbursed under any circumstances.

11.3 The host is only liable for valuables, money, and securities up to an amount of currently €550. The host is liable for any damage exceeding this amount only if the items were entrusted for safekeeping with the host, knowing their nature, or if the damage was caused by the host or their staff. The liability limitation in accordance with §§ 12.1 and 12.2 applies accordingly.

11.4 The host may refuse to store valuables, money, and securities if they are items of significantly higher value than those typically entrusted for safekeeping by guests of the respective accommodation establishment.

11.5 In any case of safekeeping, liability is excluded if the contracting party and/or guest does not immediately notify the host of the damage upon becoming aware of it. Furthermore, these claims must be legally asserted within three years from the date of knowledge or possible knowledge by the contracting party or guest; otherwise, the right to claim is extinguished.

§ 12 Limitation of Liability

12.1 If the contracting party is a consumer, the host’s liability for minor negligence is excluded, except in the case of personal injury.

12.2 If the contracting party is an entrepreneur, the host’s liability for both minor and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, intangible damages, indirect damages, and lost profits are not reimbursed. In any case, the damage to be compensated is limited to the amount of the contracting party’s legitimate expectations.

§ 13 Animal Keeping

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the host and possibly for an additional fee.

13.2 The contracting party bringing an animal is obligated to properly secure and supervise the animal during their stay or arrange for its supervision or safekeeping by suitable third parties at their own expense.

13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damages caused by animals. Proof of the corresponding insurance must be provided upon the host’s request.

13.4 The contracting party or their insurer is jointly liable to the host for any damage caused by brought-in animals. The damage includes, in particular, any compensation the host must provide to third parties.
13.5 Animals are not allowed in lounges, social areas, restaurant rooms, or wellness areas.

§ 14 Extension of Accommodation

14.1 The contracting party has no right to extend their stay. If the contracting party notifies their wish to extend the stay in a timely manner, the host may agree to the extension of the accommodation contract. The host is not obligated to do so.

14.2 If the contracting party is unable to leave the accommodation on the day of departure due to unforeseeable exceptional circumstances (e.g., heavy snowfall, flooding, etc.) that block or make all departure options unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction in the fee for this period may only be possible if the contracting party is unable to fully use the offered services of the accommodation due to the extraordinary weather conditions. The host is entitled to request at least the fee that corresponds to the usual price 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, it ends upon the expiration of that period.

15.2 If the contracting party departs early, the host is entitled to demand the full agreed fee. The host will deduct any savings made as a result of the non-use of their services or any income gained from re-renting the reserved rooms. Savings are only considered if the accommodation establishment is fully booked at the time of the non-use of the rooms by the guest and the room can be rented out to other guests due to the contracting party’s cancellation. The burden of proof for the savings lies with the contracting party.

15.3 In the event of the death of a guest, the contract with the host ends.

15.4 If the accommodation contract was concluded for an indefinite period, either party may terminate the contract by 10:00 AM on the third day before the intended end of the contract.

15.5 The host is entitled to terminate the accommodation contract with immediate effect for a valid reason, particularly if the contracting party or the guest:

a) makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly improper behavior, causes discomfort to other guests, the owner, their staff, or third parties residing in the accommodation, or commits an act punishable by law against property, morality, or physical safety towards these individuals;

b) becomes afflicted with a contagious disease or a condition that extends beyond the duration of the accommodation, or otherwise requires care;

c) fails to pay the presented invoices by the due date within a reasonable time frame (3 days);

15.6 If the fulfillment of the contract becomes impossible due to an event considered as force majeure (e.g., natural disasters, strikes, lockouts, governmental orders, etc.), the host may terminate the accommodation contract at any time without notice, provided the contract is not already considered terminated by law or the host is relieved of their accommodation obligation. Any claims for damages, etc., by the contracting party are excluded.

§ 16 Illness or Death of the Guest

16.1 If a guest becomes ill during their stay at the accommodation, the host will arrange for medical care at the guest’s request. If there is an immediate danger, the host will arrange for medical care without the guest’s specific request, particularly when necessary and if 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 host will arrange for medical treatment at the guest’s expense. However, the scope of these measures ends when the guest is able to make decisions or the relatives have been notified of the illness.

16.3 The host has the right to claim compensation from the contracting party, the guest, or their legal successors, particularly for the following costs:

a) outstanding medical fees, costs for medical transport, medications, and medical aids

b) necessary room disinfection,

c) any bedding, linens, and bed equipment that became unusable, or otherwise for the disinfection or thorough cleaning of these items,

d) restoration of walls, furniture, carpets, etc., insofar as they have been soiled or damaged in connection with the illness or death,

e) room rent, insofar as the room was used by the guest, plus any days the room was unusable due to disinfection, clearance, or similar reasons,

f) any other damages that may be incurred by the host.

§ 17 Place of Performance, Jurisdiction, and Choice of Law

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

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (particularly the IPRG and EVÜ) as well as the UN Sales Convention (CISG).

17.3 In the case of a bilateral business transaction between entrepreneurs, the exclusive jurisdiction is the location of the host. Additionally, the host is entitled to assert their rights at any other locally and materially competent court.

17.4 If the accommodation contract was concluded with a contracting party who is a consumer and resides or has their habitual residence in Austria, any lawsuits against the consumer can only be filed at the consumer’s place of residence, habitual residence, or place of employment.

17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has their residence in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court that is locally and materially competent for the consumer’s place of residence is exclusively responsible for lawsuits against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise specified in the above provisions, the period begins upon delivery of the document that sets the deadline to the contracting parties, who are responsible for adhering to the deadline. When calculating a deadline that is determined in days, the day on which the relevant time or event occurs, from which the period is to be counted, is not included. Deadlines specified in weeks or months refer to the same day of the week or month that 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 used.

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

18.3 The host is entitled to offset the contracting party’s claims with their own claims. The contracting party is not entitled to offset their own claims against the host’s claims, unless the host is insolvent or the contracting party’s claim has been legally established or acknowledged by the host.

18.4 In the case of gaps in regulation, the corresponding legal provisions shall apply.